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09(A) - Ordinance Approving Modified City Code and Transition of City Code to Municode Report
CODE OF ORDINANCES OF THE CITY OF PRIOR LAKE, MINNESOTA Published in 2024 by Order of the City Council OFFICIALS of the CITY OF PRIOR LAKE, MINNESOTA AT THE TIME OF THIS RECODIFICATION Kirt Briggs Mayor Zach Braid Kevin Burkart Kimberly Churchill Victor Lake City Council Jason Wedel City Manager Lori Olson Assistant City Manager David Kendall City Attorney iii Andy Brotzler Public Works Director/City Engineer Cathy Erickson Finance Director Casey McCabe Community Development Director Liam Duggan Police Chief Rick Steinhaus Fire Chief Heidi Simon, CMC City Clerk iv PREFACE This Code constitutes a recodification of the general and permanent ordinances of the City of Prior Lake, Minnesota. Source materials used in the preparation of the Code were the city's prior code, as supplemented through August 13, 2022, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the prior code, as supplemented, and any subsequent ordinance included herein. Acknowledgments This publication was under the direct supervision of Sandra S. Fox, Senior Code Attorney, and Stephanie Benesh, Editor, of CivicPlus, LLC, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Heidi Simon, CMC, City Clerk, for her cooperation and assistance during the progress of the work on this publica- tion. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by CivicPlus, LLC, and the City of Prior Lake, Minnesota. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for com- mercial purposes without the express written consent of CivicPlus, LLC, and the City of Prior Lake, Minnesota. © Copyrighted material. CivicPlus, LLC, and the City of Prior Lake, Minnesota. 2024. vii TABLE OF CONTENTS Page Officials of the City at the Time of this Recodification . . . .. . . . . iii Current Officials (Reserved) . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . v Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . vii Adopting Ordinance (Reserved) CODE OF ORDINANCES Chapter 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . CD1:1 2. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . CD2:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD2:3 Art. II. Mayor and City Council . . . . . . . . . . . . . . . . . . . . . CD2:4 Art. III. City Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD2:6 Art. IV. Planning Commission . . . . . . . . . . . . . . . . . . . . . . . CD2:7 Art. V. City Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CD2:9 Art. VI. City Departments and Officers . . . . . . . . . . . . . . CD2:11 Art. VII. City Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD2:14 Art. VIII. Disposal of Property . . . . . . . . . . . . . . . . . . . . .. CD2:14 Art. IX. Special Assessment Deferment . . . . . . . . . . . . . . CD2:19 Art. X. Emergency Management . . . . . . . . . . . . . . . . . . . . . CD2:21 3. Buildings and Construction . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . CD3:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD3:3 Art. II. Building Permits . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD3:3 Art. III. Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD3:7 Art. IV. Residential Swimming Pools . . . . . . . . . . . . . . . . CD3:10 4. Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . CD4:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD4:5 Art. II. Liquor Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD4:5 Art. III. Peddlers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD4:24 Art. IV. Massage Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . CD4:30 Art. V. Adult Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CD4:36 Art. VI. Lawful Gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . CD4:44 Art. VII. Cable Television Providers . . . . . . . . . . . . . . . .. CD4:47 Art. VIII. Public and Private Gatherings . . . . . . . . . . . . . CD4:48 Art. IX. Tobacco and Other Smoking-Related Products CD4:55 Art. X. Sidewalk Eating Areas . . . . . . . . . . . . . . . . . . . . . . CD4:62 Art. XI. Sidewalk Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD4:65 Art. XII. Short-Term Rentals . . . . . . . . . . . . . . . . . . . . . . . .CD4:68 Art. XIII. Community Events . . . . . . . . . . . . . . . . . . . . . . . CD4:75 xi Chapter Page Art. XIV. Sale of Certain Cannabinoid Products; Licens- ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD4:83 5. Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . CD5:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD5:3 Art. II. Garbage and Refuse . . . . . . . . . . . . . . . . . . . . . . . . . CD5:3 Art. III. Hazardous and Diseased Trees . . . . . . . . . . . . . . CD5:11 Art. IV. Public Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . .. CD5:15 Art. V. Junk and Junk Vehicles . . . . . . . . . . . . . . . . . . . . . . CD5:26 Art. VI. Portable Toilets . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD5:30 Art. VII. Property Maintenance . . . . . . . . . . . . . . . . . . . . .CD5:33 Art. VIII. Coal-Tar-Based Sealer Products . . . . . . . . . . .CD5:38 6. Motor Vehicles and Traffic . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . CD6:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD6:3 Art. II. Standing, Stopping and Parking . . . . . . . . . . . . . CD6:4 Art. III. Snowmobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD6:6 Art. IV. Off-Road Vehicles and Combustion Engines . . CD6:11 Art. V. Golf Carts, Utility Vehicles, and All-Terrain Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD6:14 7. Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . CD7:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD7:3 Art. II. Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD7:3 Art. III. General Offenses . . . . . . . . . . . . . . . . . . . . . . . . . .. CD7:18 Art. IV. Dangerous Weapons . . . . . . . . . . . . . . . . . . . . . . . . CD7:30 Art. V. False Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CD7:31 Art. VI. Fire Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CD7:33 8. Public Ways and Property . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . CD8:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD8:5 Art. II. Streets and Sidewalks . . . . . . . . . . . . . . . . . . . . . . .CD8:5 Art. III. City Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD8:7 Art. IV. Public Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD8:15 Art. V. Utility Rates, Charges and Fees . . . . . . . . . . . . . . CD8:18 Art. VI. Water and Sanitary Sewer System . . . . . . . . . . CD8:23 Art. VII. Excavating and Grading . . . . . . . . . . . . . . . . . . . CD8:33 Art. VIII. Right-of-Way Management . . . . . . . . . . . . . . . . CD8:36 9. Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . CD9:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD9:3 Art. II. Procedures for Filing and Review of Subdivi- sions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD9:4 Art. III. Plat and Data Requirements . . . . . . . . . . . . . . . . CD9:13 Art. IV. Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . .CD9:19 Art. V. Required Improvements and Charges . . . . . . . . . CD9:30 Art. VI. Administration and Enforcement . . . . . . . . . . . . CD9:36 10. Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . CD10:1 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD10:11 Art. II. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD10:11 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:11 PRIOR LAKE CODE xii Chapter Page Div. 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:16 Div. 3. Official Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:35 Div. 4. Signage for Facilities of Regional Significance CD10:38 Art. III. Use Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CD10:41 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:41 Div. 2. Districts and Maps . . . . . . . . . . . . . . . . . . . . . . CD10:42 Div. 3. Land Use Generally . . . . . . . . . . . . . . . . . . . . . CD10:46 Div. 4. Land Use Definitions and Conditions . . . . . CD10:51 Div. 5. Nonconformities . . . . . . . . . . . . . . . . . . . . . . . . . CD10:115 Div. 6. Communication Towers . . . . . . . . . . . . . . . . . . CD10:126 Art. IV. Overlay Districts . . . . . . . . . . . . . . . . . . . . . . . . . .. CD10:131 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:131 Div. 2. Shoreland Regulations . . . . . . . . . . . . . . . . . . . CD10:131 Div. 3. Floodplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:154 Div. 4. Planned Unit Developments . . . . . . . . . . . . . . CD10:175 Art. V. Performance Standards . . . . . . . . . . . . . . . . . . . . . .CD10:186 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:186 Div. 2. General Performance Standards . . . . . . . . . . CD10:186 Div. 3. Agricultural and Residential Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:189 Div. 4. Commercial and Town Center Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:201 Div. 5. Industrial Performance Standards . . . . . . . . CD10:210 Div. 6. Architectural Design . . . . . . . . . . . . . . . . . . . . . CD10:215 Div. 7. Landscaping, Bufferyards, Trees, and Fences CD10:222 Div. 8. Parking, Loading Spaces and Driveways . . CD10:246 Div. 9. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:259 Art. VI. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CD10:285 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:285 Div. 2. Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . CD10:285 Div. 3. Conditional and Interim Use Permits . . . . . CD10:287 Div. 4. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:296 Div. 5. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:300 Div. 6. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:306 Div. 7. Enforcement, Penalty and Fees . . . . . . . . . . . CD10:308 Div. 8. Building Permits and Certificates of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CD10:310 Appendix A. Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . CDA:1 [Art. I.] Gas Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CDA:3 [Art. II.] Electric Franchise . . . . . . . . . . . . . . . . . . . . . . .. . CDA:10 [Art. III.] Franchise Fees . . . . . . . . . . . . . . . . . . . . . . . . . .. CDA:17 Code Comparative Table—Prior Code . . . . . . . . . . . . . . . . . . . .. . . . CCT:1 Code Comparative Table—Legislation . . . . . . . . . . . . . . . . . .. . . . . . CCT:9 TABLE OF CONTENTS—Cont'd. xiii Page State Law Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . SLT:1 Code Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . CDi:1 PRIOR LAKE CODE xiv CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-1. Designation and citation of Code. Sec. 1-2. Acceptance. Sec. 1-3. Catchlines, notes and references. Sec. 1-4. Amendments to Code. Sec. 1-5. Supplementation of Code. Sec. 1-6. Adoption of laws. Sec. 1-7. Copies of Code. Sec. 1-8. Future ordinances. Sec. 1-9. Repeal of general ordinances. Sec. 1-10. Public utility ordinances. Sec. 1-11. Effect of repeal or modification of ordinances. Sec. 1-12. Severability. Sec. 1-13. Interpretation and rules of construction. Sec. 1-14. Definitions, general. Sec. 1-15. General penalty. CD1:1 Sec. 1-1. Designation and citation of Code. (a) All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, parts, sections, and subsections shall be known and designated as the "Code of Ordinances of the City of Prior Lake, Minnesota," which also may be referred to as "Prior Lake Code" or "this Code." (b) Any internal reference to chapters, articles, divisions, sections, subsections, provisions or words of like import are presumed to be references to components of this Code unless otherwise specified. All references and citations to this Code shall be deemed to include all additions and amendments to this Code. (Prior Code, § 101.100) Sec. 1-2. Acceptance. This Code shall be received without further proof in all courts and in all administrative tribunals of the state as the ordinances of the city of general and permanent effect. (Prior Code, § 101.200) Sec. 1-3. Catchlines, notes and references. (a) Catchlines of sections. The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) References to chapters or sections. All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified. (c) History notes. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. (d) References and editor's notes. References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling nor meant to have any legal effect. Sec. 1-4. Amendments to Code. (a) Any ordinance amending this Code shall set forth the section or subsection numbers to be amended and shall be incorporated into this Code as of its effective date. The word "ordinance" contained in the ordinances of the city have been changed in the content of this Code to "chapter," "article," "division," "section" or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. § 1-4GENERAL PROVISIONS CD1:3 (b) When an ordinance is integrated into this Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. (c) In integrating ordinances into this Code, the city clerk, in cooperation with the city attorney, or their designee, may correct obvious grammatical, punctuation and spelling errors; change reference numbers to conform with chapters, articles, divisions, sections, and subsections; substitute figures for written words and vice versa; substitute dates for the words "the effective date of this ordinance"; and perform like actions to ensure a uniform Code of Ordinances without, however, altering the meaning of the ordinances enacted. (Prior Code, § 101.300) Sec. 1-5. Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed when authorized or directed by the city council. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivi- sions of the Code printed in the supplement, and make changes in catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections through ." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. § 1-4 PRIOR LAKE CODE CD1:4 Sec. 1-6. Adoption of laws. Whenever a provision in this Code adopts the provisions of state or federal law or state or federal regulations by reference it also adopts by reference any subsequent amendments of such law or regulation, except where there is a clearly stated intention to the contrary. (Prior Code, § 101.400) Sec. 1-7. Copies of Code. Copies of this Code are kept in the office of the city clerk for public inspection and sale for a reasonable charge. (Prior Code, § 101.500) Sec. 1-8. Future ordinances. All provisions of this chapter shall apply to ordinances hereafter adopted which amend or supplement this Code unless otherwise specifically provided. (Prior Code, § 101.600; Ord. No. 119-09, 11-9-2019) Sec. 1-9. Repeal of general ordinances. All general ordinances of the city passed prior to the adoption of this Code and pertaining to the subjects addressed by this Code are repealed, except such as are by necessary implication herein reserved from repeal and except that ordinances of a temporary or special nature and ordinances pertaining to subjects not embraced in this Code shall remain in full force and effect. This Code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. (Prior Code, § 102.100) Sec. 1-10. Public utility ordinances. No ordinance relating to railroad crossings with streets and other public ways or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, except as this Code may contain provisions for such matters, in which case this Code shall be considered as amending such ordinance in respect to such provisions only. (Prior Code, § 102.300) Sec. 1-11. Effect of repeal or modification of ordinances. (a) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it when publication is required to give effect to it, unless otherwise expressly provided. § 1-11GENERAL PROVISIONS CD1:5 (b) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided. (c) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided. (Prior Code, § 102.300) Sec. 1-12. Severability. If any chapter, article, division, section, subsection, paragraph, sentence, clause or phrase of this Code or any part thereof or its application to any person or circumstance is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. (Prior Code, § 102.400; Ord. No. 119-09, 11-9-2019) Sec. 1-13. Interpretation and rules of construction. (a) Generally. Unless otherwise provided herein, or required by law or implication, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law. (b) Specific rules of interpretation. The construction of this Code and all ordinances of the city shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or to the context of this Code or such ordinance: (1) And, or. Either conjunction shall include the other as if written "or," whenever the context requires. (2) Gender. Words of gender include all genders. (3) Singular and plural. Any word importing the singular shall include the plural, and any word importing the plural shall include the singular. (4) Shall; may. The word "shall" is mandatory, and the word "may" is discretionary. (5) Tense. Words used in the past or present tense shall include the future as well as the past or present. (6) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. (7) Common usage. All words and phrases shall be construed and understood according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. § 1-11 PRIOR LAKE CODE CD1:6 (8) Headings. Headings and captions used in this Code other than the chapter, article, division, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. (9) Restrictive. Where the rules of this Code are in conflict, the more restrictive regulation shall apply. (10) Official time. Whenever certain hours are named in this Code, they shall mean standard time or daylight savings time as may be in current use in the city. (11) Reasonable time. In all cases where this Code requires an act to be done in a reasonable time or requires reasonable notice to be given, "reasonable time or notice" is deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice. (12) Computation of time. The time within which an act is to be done, as herein provided, is computed by excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall be excluded. (13) Reference to officers. Reference to a public employee, office or officer shall be deemed to apply to the office, officer, or employee of the city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. (14) Delegation of authority. Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designates otherwise. (Prior Code, § 103.100) Sec. 1-14. Definitions, general. Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto: City. The term "city" means the City of Prior Lake, Minnesota. City council or council. The term "city council" or "council" means the governing body of the city. City manager. The term "city manager" means the person duly appointed by the city council and acting in such capacity. Code or this Code. The term "Code" or "this Code" means the Code of Ordinances of the City of Prior Lake, Minnesota. Conviction. The term "conviction" means as set forth in Minn. Stats. § 609.02, subd. 5. County. The term "county" means Scott County, Minnesota. § 1-14GENERAL PROVISIONS CD1:7 Crime. The term "crime" means conduct which is prohibited by state law or this Code and for which the actor may be sentenced to imprisonment, with or without a fine. (1) Felony means as set forth in Minn. Stats. § 609.02, subd. 2. (2) Gross misdemeanor means as set forth in Minn. Stats. § 609.02, subd. 4. (3) Misdemeanor means as set forth in Minn. Stats. § 609.02, subd. 3. Fee schedule. The term "fee schedule" means the comprehensive schedule of fees authorized throughout this Code, a copy of which is on file in the office of the city clerk and available on the city's website. Minn. Stats. The term "Minn. Stats." means the Minnesota State Statutes as amended from time to time. Nuisance. The term "nuisance" means 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. Occupant or tenant. The term "occupant" or "tenant," as applied to a building or land, includes any person who occupies the whole or any part of such building or land, whether alone or with others. Offense or violation. The term "offense" or "violation" means a failure to comply with this Code, any act forbidden by any provision of this Code, or the omission of any act required by the provisions of this Code. Operator. The term "operator" means the person who is in charge of any operation, business or profession. Owner. The term "owner" includes any owner, part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land. Person. The term "person" means any public or private corporation, firm, partnership, association, organization, government or any other group as a unit, or a natural person. Personal property. The term "personal property" includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein except for real property. Petty misdemeanor. The term "petty misdemeanor" means as set forth in Minn. Stats. § 609.02, subd. 4a. Police officer, public safety officer, or peace officer. The term "police officer," "public safety officer," or "peace officer" means every officer, including special police, authorized to direct or regulate traffic, keep the peace, or appointed or employed for the purpose of law enforcement. Real property. The term "real property" includes lands, buildings and appurtenances. § 1-14 PRIOR LAKE CODE CD1:8 Retailer. The term "retailer" relates to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. State. The term "state" means the State of Minnesota. Street. The term "street" means alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. Wholesaler or wholesale dealer. The term "wholesaler" or "wholesale dealer" relates to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale. Written, in writing. The term "written" or "in writing" means printing or any other mode of representing words and letters. (Prior Code, § 103.200; Ord. No. 119-09, 11-9-2019) Sec. 1-15. General penalty. (a) Any person convicted of a violation of any provision of this Code, where no other penalty is set forth, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. (b) Application of provisions. (1) The penalty provided in this section shall be applicable to every section of this Code the same as though it were a part of each and every separate section. A separate offense shall be deemed committed upon each day the violation occurs or continues, unless otherwise specifically provided in this Code. (2) In all cases where the same offense is made punishable or is created by different clauses or subsections of this Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (3) In addition to any penalties provided for in this section, if any person fails to comply with any provision of this Code, the council or any city official designated by it may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. (4) This Code does not authorize an act or omission otherwise prohibited by law. (5) All fines, forfeitures and penalties recovered for the violation of this Code or any ordinance, charter, rule or regulation of the city shall be paid into the city treasury by the court or officer thereof receiving such monies. Payment shall be made in the manner, at the time, and in the proportion provided by law. (6) In addition to any penalties provided for in this section, if any person fails to obtain a required permit, license, approval, registration or similar authorization which is § 1-15GENERAL PROVISIONS CD1:9 required by this Code prior to the commencement of the related work, the person shall obtain an after the fact authorization, comply with all requirements for the authorization, and pay double the stated fee for the authorization. (Prior Code, §§ 104.100, 104.200; Ord. No. 113-02, 1-12-2013) § 1-15 PRIOR LAKE CODE CD1:10 Chapter 2 ADMINISTRATION Article I. In General Sec. 2-1. Liability of officers. Sec. 2-2. Administration and enforcement. Sec. 2-3. Entry onto property. Secs. 2-4—2-24. Reserved. Article II. Mayor and City Council Sec. 2-25. Officers; city elections; terms of office; absentee ballot counting board. Sec. 2-26. Council meetings. Sec. 2-27. Salaries. Sec. 2-28. Bylaws. Secs. 2-29—2-59. Reserved. Article III. City Elections Sec. 2-60. Biennial elections. Sec. 2-61. Voter registration system adopted; registration required. Secs. 2-62—2-80. Reserved. Article IV. Planning Commission Sec. 2-81. Created; composition; alternate members; terms, election of officers. Sec. 2-82. Removal of members. Sec. 2-83. Meetings. Sec. 2-84. Duties. Sec. 2-85. Salaries. Sec. 2-86. Bylaws. Secs. 2-87—2-115. Reserved. Article V. City Manager Sec. 2-116. Office created. Sec. 2-117. Appointment; qualifications; removal. Sec. 2-118. Bond required. Sec. 2-119. Powers, duties and limitations. Sec. 2-120. Purchases and acquisitions. Secs. 2-121—2-138. Reserved. Article VI. City Departments and Officers Sec. 2-139. Elected and appointed officials. Sec. 2-140. Administration department; city clerk. Sec. 2-141. Human resources department; human resources director. Sec. 2-142. Finance department; finance director; treasurer; annual audit. CD2:1 Sec. 2-143. Community development department; community development director; zoning administrator; building official. Sec. 2-144. Public works/engineering department; public works director. Sec. 2-145. Police department; police chief. Sec. 2-146. Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association. Secs. 2-147—2-175. Reserved. Article VII. City Officers Sec. 2-176. City finance director. Sec. 2-177. City clerk. Sec. 2-178. Annual city audit. Sec. 2-179. Workers' compensation coverage. Secs. 2-180—2-229. Reserved. Article VIII. Disposal of Property Sec. 2-230. Purpose. Sec. 2-231. Definitions. Sec. 2-232. Disposal of real property. Sec. 2-233. Disposal of personal property. Sec. 2-234. Restrictions on sale to city employees. Sec. 2-235. Disposal of unclaimed property held by city. Sec. 2-236. Disposal of abandoned motor vehicles. Secs. 2-237—2-265. Reserved. Article IX. Special Assessment Deferment Sec. 2-266. Procedure established. Sec. 2-267. Eligibility. Sec. 2-268. Hardship determination. Sec. 2-269. Termination of deferment. Sec. 2-270. Exceptional and unusual circumstances. Secs. 2-271—2-288. Reserved. Article X. Emergency Management Sec. 2-289. Purpose. Sec. 2-290. Definitions. Sec. 2-291. Agency established; appointment of manager; functions. Sec. 2-292. Powers and duties of manager. Sec. 2-293. Emergency management workers; general provisions. Sec. 2-294. Emergency regulations. Sec. 2-295. Emergency management tax; account. Sec. 2-296. Conformity and cooperation with federal and state authority. Sec. 2-297. Penalty. PRIOR LAKE CODE CD2:2 ARTICLE I. IN GENERAL Sec. 2-1. Liability of officers. No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Prior Code, § 104.300) Sec. 2-2. Administration and enforcement. The following employees of the city, while in the course and scope of the performance of their duties as employees, may administer and enforce this Code and may issue citations: (1) Office of city manager. (2) City manager. (3) Assistant city managers. (4) City clerk. (5) Community and economic development department. (6) Community development director. (7) Community development specialist. (8) Planner. (9) Police department. (10) Police chief. (11) Community service/park patrol officers. (12) Police officers. (13) Fire department. (14) Fire chief. (15) Assistant fire chiefs. (16) Public works and natural resources department. (17) Public works director. (18) Natural resources director. (19) Maintenance supervisor. (20) Street and sewer foreman. (21) Water foreman. § 2-2ADMINISTRATION CD2:3 (22) Water resources engineer. (23) Engineering and inspections department. (24) City engineer. (25) Inspections director. (26) Building official. (27) Building inspector. (28) Code enforcement officer. (29) Engineering technician. (30) Project engineer. (Prior Code, § 104.400) Sec. 2-3. Entry onto property. (a) Any official or employee who has the authority or responsibility to enforce this Code may, with the permission of an owner, operator, occupant, or other person in control of any real property, inspect or otherwise enter the real property to enforce compliance with this Code. (b) If the owner, operator, occupant or other person in control of a property objects to the inspection of or entrance to the real property, the official or employee may petition and obtain a warrant before conducting the inspection or otherwise entering the real property. (c) Nothing in this section shall be construed to limit the authority of the city to enter real property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety, and welfare. (Prior Code, § 104.500; Ord. No. 119-09, 11-9-2019) Secs. 2-4—2-24. Reserved. ARTICLE II. MAYOR AND CITY COUNCIL Sec. 2-25. Officers; city elections; terms of office; absentee ballot counting board. (a) Officers; city elections. The city council shall consist of a mayor and four councilmem- bers, all of whom shall be residents of the city and should otherwise be qualified to hold public office pursuant to the laws of the state. The regular city elections shall be held biennially on the first Tuesday after the first Monday in November in every even-numbered year beginning with the 1986 election. (b) Terms of office. The term of mayor of the city shall be four years. Councilmembers shall be elected for four-year terms of office with two councilmembers being elected at each election. § 2-2 PRIOR LAKE CODE CD2:4 (c) Absentee ballot counting board. The council establishes an absentee ballot counting board pursuant to Minn. Stats. § 203B.121. The duties of the absentee ballot board are as set forth in state law. (Prior Code, § 105.100) Sec. 2-26. Council meetings. The council may hold regular, special and emergency meetings. The procedure for calling and holding meetings shall be set forth in the city council bylaws. Regular meetings shall be held twice per month. A schedule of regular meeting dates shall be adopted by the city council at the first meeting of each year. (Prior Code, § 105.201) Sec. 2-27. Salaries. (a) Monthly rate. As of January 1, 2019, the mayor's salary and the salary of each city councilmember is established at the following monthly rate: Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . $966.00. Councilmember . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . $763.00. On each January 1 thereafter, the monthly salary shall be increased by a percentage equal to the increase in the CPI-U for Minneapolis-St. Paul, MN-WI, all items, not seasonally adjusted, from January 1 of the prior year to January 1 of the year of the increase. (b) Per meeting. In addition to the salaries set forth in subsection (a) of this section, the city council deems it appropriate and prudent to remunerate the mayor and city councilmem- bers (for purposes of the following subsections, the term "councilmember" includes the mayor) for participation in certain meetings. Such remuneration encourages members to become more informed regarding constituent issues and be better representatives of the city. (c) Per meeting rate. For each eligible meeting attended, a councilmember will receive $50.00 to remunerate time spent and out-of-pocket expenses. (d) Per meeting requests. A councilmember requesting per meeting remuneration for attending a qualifying meeting shall do so on forms prescribed by the city. The request to the finance department shall indicate the number of meetings for which remuneration is requested, the date, time and organization conducting the meeting, and the councilmember's role at the meeting. (e) Qualifying meetings. The finance department shall approve per meeting remuneration only for meetings which meet the criteria set forth below: (1) Task forces and work groups of the city council to which a councilmember has been appointed (examples include special assessment task force, annexation task force). (2) Meetings of city advisory committees to which the councilmember is the liaison (examples include planning commission, citizen engagement committee). § 2-27ADMINISTRATION CD2:5 (3) Meetings of bodies to which a councilmember has been appointed the city council's representative (examples include Prior Lake Spring Lake Watershed, Orderly Annexation Board, MVTA). (4) Policy committee meetings or annual meetings or conferences of the Metro Cities, League of Minnesota Cities or National League of Cities. (5) Meetings at which the councilmember is acting as the representative of the city council pursuant to the city council's direction. (6) Meetings that councilmembers are directed to attend by the city manager. (Prior Code, § 105.300) Sec. 2-28. Bylaws. The city council may adopt additional rules and procedures to govern its proceedings which shall be set forth in city council bylaws. (Prior Code, § 105.304; Ord. No. 119-09, 11-9-2019) Secs. 2-29—2-59. Reserved. ARTICLE III. CITY ELECTIONS Sec. 2-60. Biennial elections. (a) Biennial elections adopted. Pursuant to state law, the city adopts biennial elections. Elections will be held on every even-numbered year. (b) Transition to even-year elections. Beginning in the years 2007 and 2009, the term of office for city councilmembers shall be three years. All subsequent even-numbered year elections shall be for four-year terms. (Prior Code, § 106.100) Sec. 2-61. Voter registration system adopted; registration required. The system for the permanent registration of voters, provided for by Minn. Stats. ch. 201, is adopted for the city. No person shall be permitted to vote at any election in the city unless registered as provided by state law. (Prior Code, § 106.200; Ord. No. 119-09, 11-9-2019) Secs. 2-62—2-80. Reserved. § 2-27 PRIOR LAKE CODE CD2:6 ARTICLE IV. PLANNING COMMISSION Sec. 2-81. Created; composition; alternate members; terms, election of officers. (a) A planning commission is created for the city, its purpose to be of an advisory nature to the city council and staff. The planning commission shall be composed of five members, appointed by the city council. Only residents of the city who are at least 18 years old shall be considered for appointment. (b) In addition to the membership enumerated herein, the city council may appoint up to two alternate members. Alternate members may attend all meetings and participate in all discussions but may participate in the voting process (to include the making and seconding of motions) only if a regular member of the commission is absent. (c) The members shall serve for three-year terms serving from November 1 to October 31. The members of the planning commission shall annually elect a chairperson and vice- chairperson from the appointed members of their board. (Prior Code, § 107.100) Sec. 2-82. Removal of members. Any member of the planning commission may be removed from office by a four-fifths vote of the entire city council for reasons including, but not limited to: (1) Failure to attend a minimum of 75 percent of meetings; (2) Failure to attend site visits/inspections; (3) Failure to review and understand agenda materials; (4) Failure to participate in an appropriate and productive manner; (5) Failure to continue to meet any requirement set forth in section 2-81; and (6) Failure to comply with any provision of these bylaws or any federal, state or local rule or regulation. (Prior Code, § 107.200) Sec. 2-83. Meetings. The planning commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. (Prior Code, § 107.300) § 2-83ADMINISTRATION CD2:7 Sec. 2-84. Duties. The duties of the planning commission are as follows: (1) To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. (2) To prepare, draft and recommend amendments to the comprehensive plan for review by the city council on the advice of the community development director. (3) To recommend policies to the city council for guiding action affecting development. (4) To determine whether specific proposed developments conform to the principles and requirements for the comprehensive plan and this Code. (5) To keep the city council and the general public informed and advised as to all planning and development matters. (6) To review and make recommendations to the council on planned unit development and subdivision proposals. (7) To hold public hearings for subdivisions, planned unit developments and rezoning applications and furnish the council with information and recommendations of such hearings. (8) To prepare and submit to the city council within 60 days after the end of the calendar year a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the council. (9) To act as the city's board of appeals and adjustments, including to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance, and to hear requests for variances from the requirements of the zoning ordinance, including restrictions placed on nonconformities. (Prior Code, § 107.400) Sec. 2-85. Salaries. (a) Per meeting. The city council deems it appropriate and prudent to remunerate the planning commission members for participation in certain meetings. Such remuneration encourages members to become more informed regarding constituent issues and be better representatives of the city. (b) Per meeting rate. For each eligible meeting attended, a planning commission member will receive $100.00 to remunerate time spent and out-of-pocket expenses. § 2-84 PRIOR LAKE CODE CD2:8 (c) Per meeting requests. A planning commission member requesting per meeting remuneration for attending a qualifying meeting shall do so on forms prescribed by the city. The request to the finance department shall indicate the number of meetings for which remuneration is requested, the date, time and organization conducting the meeting and the planning commission member's role at the meeting. (d) Qualifying meetings. The finance department will approve per meeting remuneration requests only for regularly planned meetings of the planning commission (second and fourth Monday of the month or second or fourth Tuesday in the event of a Monday holiday) whether the meeting is a regular meeting or workshop. Remuneration will also be approved for special meetings/workshops which are necessary to conduct planning commission business (such as specially scheduled variance hearings and joint meetings with the city council). Remuneration will not be approved for meetings to which the planning commission member is invited but are not specific to conducting planning commission business (such as city council meetings, SCALE meetings and advisory committee meetings). In order to receive the payment, the planning commission member must have attended the entire meeting. (Prior Code, § 107.500) Sec. 2-86. Bylaws. The planning commission, subject to city council review and approval, is authorized to adopt is own rules and procedures to govern its proceedings which shall be set forth in planning commission bylaws. (Prior Code, § 107.600; Ord. No. 119-09, 11-9-2019) Secs. 2-87—2-115. Reserved. ARTICLE V. CITY MANAGER Sec. 2-116. Office created. The office of the city manager is created pursuant to state law. (Prior Code, § 108.100) Sec. 2-117. Appointment; qualifications; removal. (a) The city manager shall be appointed by the city council for an indefinite period of time on the basis of education, training, experience and administrative qualifications. The city manager shall be paid for his/her services at such a salary as the council may from time to time determine. (b) The manager may be removed by the council at any time; provided, however, that if the manager has served the city for a period of at least one year, he/she may demand written charges and a public hearing on the charges before the council prior to the date removal is to take effect. Pending such hearing and removal, the council may suspend the manager from office. § 2-117ADMINISTRATION CD2:9 (c) The council may designate some qualified person to perform the duties of the manager during absence or disability. (Prior Code, § 108.200) Sec. 2-118. Bond required. The city manager shall be bonded at city expense through a position bond which will indemnify the city in the amount of $50,000.00. (Prior Code, § 108.300) Sec. 2-119. Powers, duties and limitations. The city manager shall have the following powers and duties: (1) Enforcement. The city manager shall see that statutes relating to the city and the laws, ordinances and resolutions of the city are enforced. (2) Appointment of personnel upon council approval. The city manager shall appoint upon the basis of merit and fitness and any applicable civil service provisions and remove the clerk, all department heads, and all subordinate officers and employees; but the appointment and removal of the attorney shall be subject to the approval of the council. (3) Control. The city manager shall exercise control over all the departments and divisions of the administration created under the Plan B type government which has been adopted by the city and over all departments and divisions of the administra- tion which may be created by the council. (4) Attendance at council meetings. The city manager shall attend all meetings of the council with the right to take part in the discussions, but not to vote; but the council may, at its discretion and subject to applicable law, exclude the city manager from any meetings at which his/her removal is considered. (5) Recommend ordinance and resolutions. The city manager shall recommend to the council for adoption such measures as may be deemed necessary for the welfare of the people and the efficient administration of the affairs of the city. (6) Advise; annual budget. The city manager shall keep the council advised as to the financial condition and needs of the city and shall prepare and submit to the council the annual budget. (7) Code of administrative procedure. The city manager shall, when directed to do so by the council, prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time shall suggest amendments to such code. § 2-117 PRIOR LAKE CODE CD2:10 (8) Additional duties. The city manager shall perform such other duties as may be prescribed by state law as relating to Optional Plan B cities, or as required by ordinance or resolutions adopted by the city council. (Prior Code, § 108.400) Sec. 2-120. Purchases and acquisitions. All purchases and acquisitions made for or in the name of the city other than those made from petty cash funds shall be made under the direction of the city manager and pursuant to state law and the city's purchasing policy. (Prior Code, § 108.500; Ord. No. 119-09, 11-9-2019) Secs. 2-121—2-138. Reserved. ARTICLE VI. CITY DEPARTMENTS AND OFFICERS Sec. 2-139. Elected and appointed officials. The city council determines that members of the city council and other appointed or elected boards or commissions are not considered employees of the city for the purposes of the city's personnel policy; however, the city council does authorize inclusion under the city's workers' compensation insurance coverage of any regularly elected or appointed officer or official of the city within the definition of "employee" in Minn. Stats. § 176.011. (Prior Code, § 109.100(1)) Sec. 2-140. Administration department; city clerk. (a) The city council has established an administration department. The administration department shall be supervised and managed by the city manager. The administration department shall be responsible for administrative functions of the city to ensure the proper functioning of all departments and employees. (b) The city manager shall appoint a city clerk to be responsible for all statutory duties of the city clerk and other duties as assigned. If the city manager does not appoint a city clerk, the city manager shall act as the city clerk and shall assume all such duties. (Prior Code, § 109.200(1)) Sec. 2-141. Human resources department; human resources director. The city council has established a human resources department. The city manager shall hire an assistant city manager who shall act as the human resources director to supervise and manage the human resources department and perform other duties as assigned. The human resources director shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and § 2-141ADMINISTRATION CD2:11 regulations. The human resources department is responsible for managing all personnel matters, including labor negotiations, benefits administration, implementation of personnel policies and procedures and other duties as assigned by the city manager. (Prior Code, § 109.300(1)) Sec. 2-142. Finance department; finance director; treasurer; annual audit. (a) The city council has established a finance department. The city manager shall hire a finance director who shall supervise and manage the finance department and perform other duties as assigned. The finance director shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and regulations. The finance department shall be responsible for keeping the financial books and records of the city, investing funds of the city, budgeting and financial plan, debt management plan, annual financial report and other duties as assigned by the city manager. (b) The finance director, among other duties, shall assume the statutory duties of the city treasurer. (c) The finance director shall arrange an annual audit of the city's financial affairs by a certified public accountant in accordance with minimum auditing procedures prescribed by the state auditor. (Prior Code, § 109.400(1)) Sec. 2-143. Community development department; community development direc- tor; zoning administrator; building official. (a) The city council has established a community development department. The city manager shall hire a community development director who shall supervise and manage the community development department and perform other duties as assigned. The community development director shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and regulations. The community development department shall be responsible for building inspections and permits, subdivision- and zoning-related matters, economic development related matters, code enforcement and other duties as assigned by the city manager. (b) The community development director shall act as the zoning administrator for the city. (c) The community development director shall appoint a building official to assume the statutory duties of the building official and other duties as assigned. (Prior Code, § 109.500) Sec. 2-144. Public works/engineering department; public works director. The city council has established a public works/engineering department. The city manager shall hire a public works director who shall supervise and manage the public works/engineering department and perform other duties as assigned. The public works § 2-141 PRIOR LAKE CODE CD2:12 director shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and regulations. The public works/engineering department shall be responsible for the city streets and utilities, parks and trails, fleet and facilities, recreation and other duties as assigned by the city manager. (Prior Code, § 109.600) Sec. 2-145. Police department; police chief. The city council has established a police department. The city manager shall hire a police chief who shall supervise and manage the police department and perform other duties as assigned. The police chief shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and regulations. The police department shall be responsible for law enforcement, emergency management and other duties as assigned by the city manager. (Prior Code, § 109.700) Sec. 2-146. Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association. (a) Fire department; fire chief. The city council has established a fire department. The city manager shall hire a fire chief who shall supervise and manage the fire department and perform other duties as assigned. The fire chief shall report directly to the city manager and shall be a city employee subject to the city manager's authority and to all city personnel policies and regulations. The fire department shall be responsible to respond to fire, rescue, medical, hazardous material and other emergencies, to investigate the cause of fires, to prevent fires and promote safety in the community and other duties as assigned by the city manager. (b) Fire marshal. The fire chief shall appoint a fire marshal to assume the statutory duties of the city's fire marshal and other duties as assigned. If the fire chief does not appoint a fire marshal, the fire chief shall act as the fire marshal and shall assume all such duties. (c) Fire prevention bureau. The city council has established a fire prevention bureau, which bureau shall be operated under the supervision of the fire chief. (d) Fire code official. The fire chief shall appoint a fire code official to oversee the fire prevention bureau, enforcement of the state fire code as adopted by this Code, and investigation and enforcement of all regulations and ordinances related to the duties of the fire department and other duties as assigned. If the fire chief does not appoint a fire code official, the fire chief shall act as the fire code official and shall assume all such duties. (e) Relief association. The members and officers of the fire department may organize themselves into a firefighters' relief association, and the city council shall review and approve or deny the relief association's bylaws or any changes or amendments to the bylaws. (Prior Code, § 109.800) Secs. 2-147—2-175. Reserved. § 2-175ADMINISTRATION CD2:13 ARTICLE VII. CITY OFFICERS Sec. 2-176. City finance director. Pursuant to the authority granted by law, the office of the city treasurer shall be assumed by the city finance director. (Prior Code, § 109.100(2)) Sec. 2-177. City clerk. Pursuant to the authority granted by law, the holder of the office of city clerk shall be assumed by the city manager unless the city manager appoints another individual to serve as city clerk. (Prior Code, § 109.200(2)) Sec. 2-178. Annual city audit. There shall be an annual audit of the city's financial affairs by a certified public accountant in accordance with minimum auditing procedures prescribed by the state auditor. (Prior Code, § 109.300(2)) Sec. 2-179. Workers' compensation coverage. The city council has authorized inclusion under the city workers' compensation insurance coverage of any regularly elected or appointed officer or official of the city within the definition of "employee" in Minn. Stats. § 176.011, subd. 9(6). (Prior Code, § 109.400(2); Ord. No. 119-09, 11-9-2019) Secs. 2-180—2-229. Reserved. ARTICLE VIII. DISPOSAL OF PROPERTY Sec. 2-230. Purpose. The purpose of this article is to establish a means whereby the city may dispose of real or personal property. (Prior Code, § 111.100) Sec. 2-231. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dispose of means to sell, alienate, to furnish with, bargain away or otherwise convey or transfer ownership, but does not include destruction of waste materials or the sale of supplies and materials or other properties by the city in the course of a service being performed by the city in the ordinary scope of its municipal function. § 2-176 PRIOR LAKE CODE CD2:14 Personal property means all property that is not real property, except for property that has come into the hands of the police department through impoundment which shall be disposed of pursuant to state statute. Real property means land and all its appurtenances, such as buildings, easements, rights, minerals, crops, and waters. (Prior Code, § 111.200) Sec. 2-232. Disposal of real property. (a) Council approval required. Disposal of real property shall be by council approval. (b) Planning commission review. No interest in real property shall be disposed of by the city until after the planning commission has reviewed the proposed disposal and reported in writing to the city council its findings as to compliance of the proposed disposal with the comprehensive plan. The city council may, by resolution adopted by two-thirds vote, dispense with the requirements of this section when in its judgment it finds that the proposed disposal of real property has no relationship to the comprehensive plan. (c) Method for disposal. The city may dispose of real property in a manner deemed by the city council to be in the city's interest. The city may dispose of real property through sealed bids, quotes, direct negotiation, auction, donation, exchange, real estate agent, or any other method deemed to be appropriate. The city manager shall be responsible for preparing and processing the disposal of real property. The city manager may require from the proposed purchaser a bond, down payment, or other assurances. (Prior Code, § 111.300) Sec. 2-233. Disposal of personal property. (a) Compliance with statute. Disposal of personal property owned by the city shall comply with the provisions of the Uniform Municipal Contracting Law, Minn. Stats. § 471.345, which is incorporated herein by reference. (b) Method of disposal. When city equipment, furniture, computers, vehicles or other personal property has been replaced, is no longer needed, is no longer in working condition and repair is not cost-effective, or is otherwise appropriate for disposal, the city may dispose of the personal property using the following methods: (1) Sealed bids pursuant to Minn. Stats. § 471.345, subds. 3 and 4; (2) Direct negotiation pursuant to Minn. Stats. § 471.345, subd. 4; (3) Open market pursuant to Minn. Stats. § 471.345, subd. 5; (4) Electronic sales pursuant to Minn. Stats. § 471.345, subd. 17; (5) Donation pursuant to Minn. Stats. § 471.3455 or 471.3459; (6) Recycling or disposal as refuse; (7) Trade-in to offset the cost of replacement equipment; or § 2-233ADMINISTRATION CD2:15 (8) Any other manner permitted by law and approved by the city council. The city manager shall determine the appropriate method of disposal of personal property. (Prior Code, § 111.400) Sec. 2-234. Restrictions on sale to city employees. No real or personal property shall be sold to any officer or employee of the city except that real or personal property may be sold to an employee of the city after reasonable public notice at a public auction or by sealed response if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. (Prior Code, § 111.500) Sec. 2-235. Disposal of unclaimed property held by city. Whenever any property of any nature, exclusive of any motorized vehicle, lawfully comes into possession of the city in the course of the municipal operations of the city, such property may be disposed of as follows: (1) True owner. The city may deliver the property to the true owner thereof upon proof of ownership, and upon ten days' notice by mail to other persons who may assert a claim of true ownership. In the event ownership cannot be determined to the satisfaction of the city manager or his/her designee, the city manager may refuse to deliver the property to anyone until ordered to do so by the court. The city manager may deposit the property with the court if there are sufficient competing claims to the property. (2) Finder. If the true owner does not claim the property within a period of three months, the city may release the unclaimed property to the finder of the property if, at the time of the delivery to the city, the finder indicated in writing that the finder wished to assert a claim to the property as finder. This subsection is not applicable if the property was found by a city employee in the ordinary course of that employee's duties. (3) Sale. If the property is not disposed of as provided in subsection (1) or (2) of this section, the city may dispose of the property by the police chief conducting a public auction or sale or using a public auction service. The public auction or sale shall be preceded by ten days' published notice describing the property found or recovered and to be sold and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper published in the city. If a public auction service is used, the notice shall be published once each calendar year. If any such property is perishable or subject to decay by keeping, it may be sold within ten days upon five days' published notice, and if any such property is in a state of decay or manifestly liable to decay, it may be summarily sold by order of the police chief, after inspection, without notice. All unclaimed property sold at such auction or sale shall be sold to the highest bidder. § 2-233 PRIOR LAKE CODE CD2:16 (4) Disposal. All unclaimed property which is not sold when offered for sale as provided in subsection (3) of this section shall become the property of the city and may be destroyed or disposed of as directed by the police chief. All unclaimed property which may not be offered for sale or sold according to law may, after 60 days, be disposed of or destroyed as directed by the police chief after notice of disposal has been given in the manner provided by this article for saleable unclaimed property. (5) Funds. All funds received from sale of property shall be deposited in the general fund subject to the right of the former owner to payment of the sale price from the fund upon application and satisfactory proof of ownership within six months of the sale. (Prior Code, § 111.600) Sec. 2-236. Disposal of abandoned motor vehicles. Notwithstanding the remainder of this article, the following shall apply to abandoned motor vehicles: (1) Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them in this subsection, except where the context otherwise requires. Abandoned motor vehicle has the meaning provided in Minn. Stats. § 168B.011, subd. 2. A classic car or pioneer car, as defined in Minn. Stats. § 168.10, and vehicles on the premises of junkyards and auto graveyards maintained and licensed in accordance with applicable state laws and this Code are not abandoned motor vehicles within the meaning of this section. Garagekeeper means an operator of a parking facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. Vital component parts means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. (2) Custody. The city police department may take into custody and impound any abandoned motor vehicle. (3) Notice required; content. When an abandoned motor vehicle is taken into custody, the police department shall give notice of the taking within five days. The notice must: a. Set forth the date and place of the taking; b. Provide the year, make, model, and serial number of the impounded motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held; c. Inform the owner and any lienholders of their right to reclaim the vehicle under this section; § 2-236ADMINISTRATION CD2:17 d. State that failure of the owner or lienholders to: 1. Exercise their right to reclaim the vehicle within the appropriate time allowed under this section constitutes a waiver by them of all right, title, and interest in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle; or 2. Exercise their right to reclaim the contents of the vehicle within the appropriate time allowed and under the conditions set forth in Minn. Stats. § 168B.07, subd. 3, constitutes a waiver by them of all right, title, and interest in the contents and consent to sell or dispose of the contents under Minn. Stats. § 168B.08; and e. State that a vehicle owner who provides to the impound lot operator documenta- tion from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, or is eligible for legal aid services has the unencumbered right to retrieve any and all contents without charge. (4) Mailing or publication of notice. The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and any lienholders, the notice shall be published once in a newspaper or general circulation in the area where the motor vehicle was abandoned. Published notices may be grouped together for convenience and economy. (5) Right to reclaim. The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the city within 15 days after the date of the notice, upon payment of all towing and storage charges resulting from taking the vehicle into custody. Nothing in this section shall be construed to impair any lien of a garagekeeper under state law or the right of a lienholder to foreclose. (6) Public sale. An abandoned motor vehicle taken into custody and not reclaimed under this section shall be sold to the highest bidder at public auction or sale following two weeks' published notice of the sale. The purchaser shall be given a receipt which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. (7) Contract disposal. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it pursuant to contract under Minn. Stats. § 168B.10. (8) Immediate sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in the state or any other state or foreign county, it shall immediately be eligible for sale at public auction and shall not be subject to the notification, reclamation or title provisions set forth in this section. § 2-236 PRIOR LAKE CODE CD2:18 (9) Proceeds. From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, all notice and publication costs incurred pursuant to this section, and all disposal costs. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the city treasury. (Prior Code, § 111.700) Secs. 2-237—2-265. Reserved. ARTICLE IX. SPECIAL ASSESSMENT DEFERMENT Sec. 2-266. Procedure established. (a) The city council may defer the payment of any special assessment on the homestead property owned by a person who qualifies under this article. (b) The homeowner shall make application for deferred payment of special assessments on a form prescribed by the county auditor and supplemented by the city manager. The application shall be made within 30 days after the adoption of the assessment roll by the city council and must be renewed each year by the filing of a similar application no later than September 30. This article will be effective for all assessments levied beginning in 1985. (c) The city manager shall review the application for complete information and details and make a recommendation to the city council to either approve or disapprove the application for deferment. The city council, by majority vote, shall either grant or deny the deferment, and if the deferment is granted, the city council may require the payment of interest due each year. Renewal applications may be approved by the city manager for those cases where the original conditions for qualification remain substantially unchanged. (d) If the city council grants the deferment, the city manager shall notify the county auditor, who shall in accordance with Minn. Stats. § 435.194 record a notice of the deferment with the county recorder setting forth the amount of the deferred assessment. (Prior Code, § 112.100) Sec. 2-267. Eligibility. A deferment is available for homestead property which is either: (1) Owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or (2) Owned by a person who is a member of the state National Guard or other military reserves who is ordered into active military service, as defined in Minn. Stats. § 190.05, subd. 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. (Prior Code, § 112.200) § 2-267ADMINISTRATION CD2:19 Sec. 2-268. Hardship determination. (a) A hardship is deemed to exist if the applicant meets all of the following conditions: (1) The annual gross income of the applicant does not exceed the 50 percent income limits for the county established annually by the U.S. Department of Housing and Urban Development for the year preceding the year in which the application is made. Calculation of the total family income shall be determined by the summation of all available income sources of the applicant and spouse. Income specified in the application should be the income of the year preceding the year in which the application is made or the average income of the three years prior to the year in which the application is made, whichever is less. (2) The total special assessments to be deferred exceed $1,000.00. (b) Interest shall be charged on any assessment deferred pursuant to this section at a rate equal to the rate charged on other assessments for the particular public improvement project the assessment is financing. If the city council grants an assessment deferment to an applicant, the interest may also be deferred or the interest may be due and payable on a yearly basis. The decision as to whether the principal and interest or just the principal is deferred shall be decided by the city council when considering the application. (Prior Code, § 112.300) Sec. 2-269. Termination of deferment. (a) The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any one of the following events: (1) The death of an owner when there is no spouse eligible for deferment. (2) The sale, transfer, or subdivision of all or any part of the property if such transaction creates an increase of property value equal to or greater than the amount of the deferred amount. Any transaction that produces a lesser result shall be reviewed by council as to its effect upon the deferred assessment as a whole. A proportionate amount of the deferred assessment may be required to become current, if such transaction occurs on a piecemeal basis, to prevent overloading of assessments on residual property. (3) Loss of homestead status on the property. (4) Determination by the city council for any reason that there would be no hardship to require immediate or partial payment. (5) Failure to file a renewal application within the time prescribed in this article. § 2-268 PRIOR LAKE CODE CD2:20 (b) Upon the occurrence of one of these events, the city manager shall notify the county auditor and county assessor of the termination, including the amounts accumulated on unpaid principal installments, plus any applicable interest, which shall become due and payable as a result of the termination. The city manager may negotiate and establish a payment schedule on the principal and interest owed after the deferment terminates. (Prior Code, § 112.400) Sec. 2-270. Exceptional and unusual circumstances. Nothing in this article shall be construed to prohibit the city council from considering an application of hardship on the basis of exceptional and unusual circumstances which are not covered by the standards and guidelines as set forth in this article. This consideration and determination must be made in a nondiscriminatory manner so as not to give the applicant an unreasonable preference or advantage over other applicants. (Prior Code, § 112.500; Ord. No. 119-09, 11-9-2019) Secs. 2-271—2-288. Reserved. ARTICLE X. EMERGENCY MANAGEMENT Sec. 2-289. Purpose. (a) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage and other hostile action; from acute shortages of equipment or energy, incidents at nuclear power plants, or other health concerns; or from fire, flood, earthquake or other natural causes; and in order to ensure that preparations of the city will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of the city, it is found and declared to be necessary: (1) To establish a local organization for emergency management; (2) To provide for the exercise of necessary powers during emergencies; and (3) To provide for the rendering of mutual aid between the city and the other political subdivisions of the state and of other states with respect to carrying out emergency management functions. (b) It is further declared to be the purpose of this article and the policy of the city that all emergency management functions of the city be coordinated to the maximum extent practicable with the comparable functions of the federal government, of the state, the county and of other state and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities, for dealing with any disaster that may occur. (Prior Code, § 113.100) § 2-289ADMINISTRATION CD2:21 Sec. 2-290. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: Emergency means an emergency declared by the governor under state or federal law, or an emergency proclaimed by the mayor under Minn. Stats. § 12.29 or 12.37. Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage or natural causes. These functions include, without limitation, firefighting services, police services, medical health services, rescue, engineering, warning services, communications, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, utilization of best available shelters and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out the foregoing functions. Emergency management forces means any personnel employed by the city and any other volunteer or paid member of the local emergency management agency engaged in carrying out emergency management functions in accordance with the provisions of this article or any related rule or order. (Prior Code, § 113.200) Sec. 2-291. Agency established; appointment of manager; functions. (a) Agency established. There is created within the city government an emergency management agency, which shall be under the supervision and control of an emergency management manager. (b) Emergency management manager. The manager shall be appointed by the city council for an indefinite term and may be removed by the city council at any time. The manager may be compensated at a rate to be determined by the city council, together with necessary expenses. The manager shall have direct responsibility for the organization, administration and operation of the emergency management agency, subject to the direction and control of the city manager. (c) Functions of the agency. The emergency management agency shall be organized into such divisions and bureaus, consistent with state and local emergency management plans, as the manager deems necessary to provide for the efficient performance of local emergency management functions during an emergency. The emergency management agency shall perform emergency management functions within the city and, in addition, shall conduct such functions outside the city as may be required pursuant to the provisions of the National Incident Management System, applicable state statutes, or this article. (Prior Code, § 113.300) § 2-290 PRIOR LAKE CODE CD2:22 Sec. 2-292. Powers and duties of manager. (a) The manager shall represent the city in any regional or state organization for emergency management. The manager shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted and shall present such agreements to the council for its action. Such arrangements shall be consistent with the National Incident Management System and state emergency management plan and, during an emergency, it shall be the duty of the emergency management agency and emergency management forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the governor. (b) The manager shall make such studies and surveys of the personnel, industries, resources and facilities of the city, including shelters, as the manager deems necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency. (c) The manager shall prepare a comprehensive general plan for the emergency manage- ment of the city and shall present such plan to the city manager for approval. When the city manager has approved the plan, it shall be the duty of all city officials and employees and all city emergency management forces to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The manager shall coordinate the emergency management activities of the city to the end that they shall be consistent and fully integrated with the emergency management plans of other political subdivisions within the state. (d) In accordance with the state and city emergency management plan, the manager shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of emergency management forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city emergency management plan in time of an emergency. The manager may from time to time conduct practice alerts or other exercises. (e) The manager shall utilize the personnel, services, equipment, supplies and facilities of existing departments of the city to the maximum extent practicable and shall cooperate with and extend such services and facilities to other local emergency management agencies and to the governor upon request. The head of each department, in cooperation with and under the direction of the manager, shall be responsible for the planning and the programming of such emergency management activities as will involve the utilization of the facilities of the department. (f) The manager shall, in cooperation with existing city departments, organize, recruit and train shelter managers, radiological monitors, police reserves, rescue personnel and any other personnel that may be required on a volunteer basis to carry out the emergency management plans of the city and the state. To the extent that such emergency personnel § 2-292ADMINISTRATION CD2:23 are recruited to augment a regular city department for emergencies, they shall be assigned to such department for purposes of administration and command. The manager may dismiss any emergency management volunteer at any time and require them to surrender any equipment and identification furnished by the city. (g) Consistent with the emergency management plan, the manager shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers and other facilities or conveyances for the care of the injured or homeless persons. (h) The manager shall carry out all orders, rules and regulations issued by the governor pertaining to emergency management. (i) The manager shall direct and control the general operations of all local emergency management forces during an emergency in conformity with controlling regulations and instructions of state emergency management authorities. The heads of departments shall be governed by the manager's orders. (j) Consistent with the emergency management plan, the manager shall provide and equip at some suitable place in the city an emergency operating center and, if required by the local emergency management plan, auxiliary centers to be used during an emergency as headquarters for direction and control of emergency management forces. The manager shall arrange for representation at the center by city departments, public utilities and other agencies authorized by federal or state authority to carry on emergency management activities during an emergency. The manager shall arrange for the installation at the emergency operating center of necessary facilities for communication with and between heads of emergency management divisions, the stations and operating units of city services and other agencies concerned with emergency management and for communication with other communities and emergency operating centers within the surrounding area and with the federal and state agencies concerned. (k) During the first 30 days of an emergency, if the state legislature is in session or the governor has coupled his declaration of the emergency with a call for a special session of the state legislature, the manager may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other political subdivision, to perform services for emergency management purposes as directed; and the manager may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. (Prior Code, § 113.400) Sec. 2-293. Emergency management workers; general provisions. (a) Manager authority. The manager shall have the authority to appoint, direct, manage and dismiss all emergency management forces, including existing city personnel and volunteers, from their emergency management positions. § 2-292 PRIOR LAKE CODE CD2:24 (b) Call to service. Emergency management volunteers shall be called into service only in case of an emergency for which the regular city forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensa- tion. (c) Firearms prohibited. No emergency management volunteer shall carry any firearm while on duty except on written order of the police chief. (d) Provisions not applicable. Personnel procedures of the city applicable to regular employees shall not apply to volunteer emergency management workers but shall apply to paid employees of the emergency management agency. (Prior Code, § 113.500) Sec. 2-294. Emergency regulations. (a) Whenever necessary to meet an emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the governor or the city council, the city manager may by proclamation promulgate regulations consistent with applicable federal or state law or regulations respecting protection against attack; the sounding of a warning; the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in emergencies. (b) Every proclamation of emergency regulations shall be in writing, signed by the city manager, and shall refer to the particular emergency to which it pertains. All such proclamations shall be filed in the office of the city clerk, where a copy shall be posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the clerk's office shall be conspicuously posted at the front of the city hall or other headquarters of the city and at such other places in the affected area as the city manager shall designate in the proclamation. The regulation shall take effect immediately or at such later time as may be specified in the proclamation. All such regulations may be modified or rescinded by the city manager following the same procedure. (c) The city council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the city manager shall be suspended during the period of time and to the extent that such conflict exists. (d) During an emergency, the city is, notwithstanding any statutory or charter provision to the contrary, empowered, through its city council acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat such emergency by protecting the health and safety of persons and property, and providing § 2-294ADMINISTRATION CD2:25 emergency assistance to the victims of such disaster. The city may exercise such powers in the light of exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. (Prior Code, § 113.600) Sec. 2-295. Emergency management tax; account. The city has established an account in the general fund to be known as the emergency management account. Into this fund shall be placed the proceeds of taxes levied for emergency management, money transferred from other funds, gifts and other revenues of the emergency management agency. From it shall be made expenditures for the operation and maintenance of the emergency management agency and other expenditures for emergency management. Regular accounting, disbursement, purchasing, budgeting and other financial procedures of the city shall apply to the emergency management fund insofar as practicable, but budgeting requirements and other financial procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or property for emergency management purposes. (Prior Code, § 113.700) Sec. 2-296. Conformity and cooperation with federal and state authority. (a) Every officer and agency of the city shall cooperate with federal and state authorities and with authorized agencies engaged in emergency management and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this article and of all regulations made pursuant to this article shall be subject to all applicable and controlling provisions of federal and state laws and regulations, and such orders shall be deemed to be suspended and inoperative so far as there is any conflict. (b) The city may appoint any qualified person holding a position in any agency created under federal or state authority for emergency management purposes as a special police officer of the city with such police powers and duties as may be prescribed in the appointment within the city incident to the functions of the position, not exceeding those of a regular police officer of the city. Every such police officer shall be subject to the supervision and control of the police chief and such other police officers of the city as the chief may designate. (Prior Code, § 113.800) § 2-294 PRIOR LAKE CODE CD2:26 Sec. 2-297. Penalty. Any person who violates any provision of this article or any regulation adopted hereunder relating to acts, omission or conduct other than official acts of city officer and employees shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. (Prior Code, § 113.900; Ord. No. 119-09, 11-9-2019) § 2-297ADMINISTRATION CD2:27 Chapter 3 BUILDINGS AND CONSTRUCTION Article I. In General Sec. 3-1. Building code. Sec. 3-2. Application, administration and enforcement. Secs. 3-3—3-22. Reserved. Article II. Building Permits Sec. 3-23. Permit procedure. Sec. 3-24. Permits and fees. Sec. 3-25. Residential contractor's deposit. Sec. 3-26. Violations and penalties. Sec. 3-27. Cash payment for park purposes. Secs. 3-28—3-57. Reserved. Article III. Plumbing Sec. 3-58. State plumbing code adopted. Sec. 3-59. Plumbing inspector. Sec. 3-60. Plumbers to hold state license and maintain bond and liability insurance. Sec. 3-61. Plumbing permits; fees. Sec. 3-62. Inspection of work; compliance. Sec. 3-63. Inspection fees. Sec. 3-64. Revocation of license. Sec. 3-65. Penalty. Secs. 3-66—3-88. Reserved. Article IV. Residential Swimming Pools Sec. 3-89. Definitions. Sec. 3-90. Enforcement. Sec. 3-91. Permit required. Sec. 3-92. Fees. Sec. 3-93. Minimum requirements. Sec. 3-94. Location restrictions. Sec. 3-95. Penalty. CD3:1 ARTICLE I. IN GENERAL Sec. 3-1. Building code. (a) The state building code, as adopted by the commissioner of labor and industry pursuant to Minn. Stats. ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the state commissioner of labor and industry, through the building codes and standards unit, is adopted by reference with the exception of the optional chapters, unless specifically adopted by ordinance. The state building code is incorporated in this chapter as if fully set out herein. (b) The city also adopts by reference Minn. R. ch. 1306 (special fire protection systems) with local designation options and Minn. R. 1335.0600 to 1335.1200 (floodproofing regulations). (c) The city also adopts by reference Appendix J (grading) of the 2006 International Building Code. (d) Any person applying for a building permit which may require removal or disturbance from the natural surface of the earth or sod, soil, sand, gravel, stone or other matter shall submit an erosion control plan as outlined in the current city public works design manual. No permit shall be issued until the erosion control plan is approved by the city engineer. (Prior Code, § 401.100; Ord. No. 03-07, 6-28-2003; Ord. No. 107-15, 8-11-2007; Ord. No. 112-01, 1-14-2012; Ord. No. 123-04, § 1, 7-17-2023) Sec. 3-2. Application, administration and enforcement. (a) The application, administration and enforcement of this chapter shall be in accordance with Minn. R. 1300.0120 and as modified by Minn. R. ch. 1305. This chapter shall be enforced within the extraterritorial limits permitted by Minn. Stats. § 326B.121. (b) The building inspection department shall administer the building code for the city. A state-certified building official will administer this chapter in accordance with Minn. Stats. § 326B.133, subd. 1. (Prior Code, § 401.200; Ord. No. 123-04, § 1, 7-17-2023) Secs. 3-3—3-22. Reserved. ARTICLE II. BUILDING PERMITS Sec. 3-23. Permit procedure. (a) No person shall construct, alter, or expand a structure within the city without first obtaining a building permit. No building permit shall be issued unless the building or structure and proposed use of the land comply with the requirements of this Code. § 3-23BUILDINGS AND CONSTRUCTION CD3:3 (b) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, or maintain any building or structure, or cause or permit the same to be done, in violation of this chapter. (c) An application for a building permit shall be on a form provided by the city and shall be accompanied by the appropriate attachments, including, but not limited to, the following: (1) A current survey of the property, unless exempted under this article, or a site plan drawn to a scale not to exceed one inch to 50 feet showing the proposed size and location of the structures, bufferyards, parking areas, drainage, lighting, loading berths, and landscaping existing on the site or to be installed on the site. (2) A statement of the proposed use of the structure and the land uses on all adjacent properties. (3) Exterior elevations of the proposed structure which will adequately and accurately indicate the height, size, design and the appearance of all elevations of the proposed building and description of the construction and materials to be used therein. (4) Any other information the zoning administrator may require to determine compli- ance with the provisions of this article. (d) Future decks. An application for a building permit for a new residential structure shall include the location of a future deck. This provision precludes the installation of second story doors, deck ledger boards, and so forth, on a structure that does not allow for a minimum ten-foot-deep deck in addition to the minimum yard setback required in the use district or other applicable setbacks. If the location of a future deck addition is not shown on the building permit application, the property owner must sign a statement that a deck cannot be constructed in the future. This statement shall be recorded against the property in county public records. (e) The applicant shall be responsible for determining the following: (1) Whether permits or approvals are required from any other governmental agency. (2) Whether the property includes wetlands. (3) Whether a structure will be built over an existing easement. (Prior Code, § 1161.100; Ord. No. 123-04, § 1, 7-17-2023) Sec. 3-24. Permits and fees. (a) The issuance of permits and the collection of fees shall be as authorized in Minn. Stats. § 326B.121. Permit fees shall be assessed for work governed in accordance with the fee schedule adopted by the city annually, and Table 3-24. § 3-23 PRIOR LAKE CODE CD3:4 Table 3-24 BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $29.50 $501.00 to $2,000.00 $28.00 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to and includ- ing $2,000.00 $2,001.00 to $25,000.00 $83.50 for the first $2,000.00 plus $16.55 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000.00 $25,001.00 to $50,000.00 $464.15 for the first $25,000.00 plus $12 for each additional $1,000.00 or fraction thereof, to and includ- ing $50,000.00 $50,001.00 to $100,000.00 $764.15 for the first $50,000.00 plus $8.45 for each additional $1,000.00, or fraction thereof, to and includ- ing $100,000.00 $100,001.00 to $500,000.00 $1,186.65 for the first $100,000.00 plus $6.75 for each additional $1,000.00 or fraction thereof, to and includ- ing $500,000.00 $500,001.00 to $1,000,000.00 $3,886.65 for the first $500,000.00 plus $5.50 for each additional $1,000.00 or fraction thereof, to and includ- ing $1,000,000.00 $1,000,000.00 and up $6,636.65 for the first $1,000,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof (b) In addition, when submittal documents are required, a plan review fee of 65 percent of the normal building permit fee shall be collected. The plan review fees specified in this subsection are separate fees from the permit fees specified in subsection (a) of this section and are in addition to the permit fees. (c) An investigation fee, in addition to the permit fee, shall be collected whenever any work for which a permit is required by this Code has been commenced without first obtaining the permit. The investigation fee shall be equal to the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. (d) A re-inspection fee may be assessed for each re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Re-inspection fees may be assessed when the inspection record card is not readily available, approved plans are not readily available, failure to provide access on the date for which inspection is required, or for deviating from plans requiring the approval of the building official. The fee shall be in accordance with Table 3-24. § 3-24BUILDINGS AND CONSTRUCTION CD3:5 (e) Fee refunds of any fee paid under this section may be authorized by the building official if erroneously paid or collected. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. The building official shall not authorize the refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Prior Code, §§ 401.300, 401.600; Ord. No. 03-07, 6-28-2003; Ord. No. 118-21, 12-15-2018; Ord. No. 123-04, § 1, 7-17-2023) Sec. 3-25. Residential contractor's deposit. (a) Any person engaging in the construction of a new one- or two-family dwelling, either attached or detached, will complete all exterior items associated with such construction, including, but not limited to, grading, sodding, landscaping, tree planting, driveways, siding and painting. All boulevard, front and side yard areas must be sodded except those areas that are otherwise landscaped, and all rear yards must be seeded or sodded. Turf must be established within the time specified by the temporary certificate of occupancy. (b) The fee deposited with the city manager pursuant to section 3-24 by any person engaging in the construction of a one- or two-family dwelling shall also be used as security to ensure compliance with subsection (a) of this section. (c) Should the person fail to comply with subsection (a) of this section, the city building inspector shall notify the person in violation, who shall then have ten days to comply. Any person not in compliance after such time has elapsed shall forfeit his or her deposit and shall be billed for cleanup or corrective work to rectify the problem. A person allowing a temporary certificate of occupancy to expire shall automatically forfeit one-third of their deposit. (d) Upon proper compliance with subsections (a), (b) and (c) of this section, the city manager shall refund the remaining portion of the deposit provided in section 3-24. (Prior Code, § 401.400; Ord. No. 111-04, 5-7-2011; Ord. No. 123-04, § 1, 7-17-2023) Sec. 3-26. Violations and penalties. A violation of this article is a misdemeanor (Minn. Stats. § 326B.082, subd. 16). (Prior Code, § 401.500; Ord. No. 123-04, § 1, 7-17-2023) Sec. 3-27. Cash payment for park purposes. (a) A cash payment, to be reserved for park purposes, shall be made to the city prior to the issuance of building permits for construction on unplatted lands or on lands subdivided or platted prior to February 5, 1973. The developer of real estate seeking a building permit shall pay to the city a fee, as determined by the city council, for each construction unit. A standard single-family detached dwelling residence shall be considered a standard construc- tion unit. Other uses shall be charged in accordance with the unit charges established by the metropolitan waste control commission. § 3-24 PRIOR LAKE CODE CD3:6 (b) This section shall apply to all property whether platted, unplatted or platted prior to February 5, 1973, whether or not property in the subdivision has been donated for park purposes. All monies collected under this section shall be reserved for public park purposes. (Prior Code, § 401.600; Ord. No. 123-04, § 1, 7-17-2023) Secs. 3-28—3-57. Reserved. ARTICLE III. PLUMBING Sec. 3-58. State plumbing code adopted. The provisions of the state plumbing code were adopted by Ordinance No. 88-10. Three copies of said plumbing code are on file in the office of the city planning and inspection department for public inspection. (Prior Code, § 402.100) Sec. 3-59. Plumbing inspector. There is created the position of plumbing inspector. The city council shall appoint the plumbing inspector, who shall be a competent individual, having had experience in the plumbing field and the practice of his trade, and shall be versed in the approved methods of plumbing construction and state law, including the state plumbing code. The plumbing inspector shall receive as his compensation for services such fees as the council by resolution shall provide. (Prior Code, § 402.200) Sec. 3-60. Plumbers to hold state license and maintain bond and liability insur- ance. It is unlawful for any person to engage in the business of plumbing or install, maintain or repair plumbing within the limits of the city without first having obtained a state license pursuant to Minn. Stats. ch. 326B and met the bond and liability insurance requirements of Minn. Stats. § 326B.46. (Prior Code, § 402.300) Sec. 3-61. Plumbing permits; fees. (a) No plumbing work shall be performed by any licensed plumber without first having obtained a permit therefor from the city. (1) It is unlawful to construct, install, alter or repair any plumbing, drain, vent, sump, water closet, sink, lavatory or any other plumbing fixture within the city without first obtaining a permit to do such work. Application for such permit shall be made at the office of the city clerk on forms supplied by the city. The application for a permit shall be accompanied by the respective fees which shall be established by the city council. § 3-61BUILDINGS AND CONSTRUCTION CD3:7 (2) No permit shall be required in case of repairs not affecting sanitation, such as mending leaks in faucets, valves or water supply pipes, mending of broken fixtures, tanks, kitchen boilers, releasing frozen pipes or rodding and flushing any house sewer or drain. (3) Any person who shall commence work of any kind for which a permit is required under the provisions of this article without having first received the necessary permit therefor shall, when subsequently securing such permit, be required to pay double the fees provided by this section for such permit and shall be subject to all the penal provisions of this article. (b) Any person not a licensed plumber desiring to construct or connect the city water system to a building within the city shall apply to the city clerk for a permit for the construction. The application shall be submitted on forms furnished by the city plumbing inspector and shall be accompanied by a permit and inspection fee to be determined annually by the city council. (1) A permit shall be required for each separate construction site or job. (2) A permit shall be required for each connection to the city water system if there is more than one on a particular construction site or job. (3) No permit shall be issued unless the applicant has filed with the city clerk a surety bond in the face amount of $5,000.00 running in favor of the city, saving the city harmless for any loss, damage, cost or expense by reason of any work performed under this article or by reason of improper or inadequate performance or compliance with the terms of this article, the bonding being subject to approval by the city council. (4) Subsequent to receiving a permit, written notice of intent to commence construction shall be given the city plumbing inspector at least 24 hours before commencement of construction, provided that, if no notice is given, the applicant shall pay a $100.00 penalty at the discretion of the city council unless the applicant was confronted with an emergency situation. (5) It shall be the duty of the city plumbing inspector to inspect the construction regulated by this article, and all construction found to be in violation of either state law or this Code shall be corrected by the applicant, and if the corrections are not made within a reasonable time, the city plumbing inspector may either remove the work done or correct the violation, and he may charge the cost of the removal or correction to the applicant or the city may effect a partial or complete forfeiture of the applicant's surety bond to pay the costs. (c) Nothing in subsection (b) of this section shall permit installation or connection of any plumbing within the premises other than connection of or running to the premises the water main from the city system. (Prior Code, § 402.600) § 3-61 PRIOR LAKE CODE CD3:8 Sec. 3-62. Inspection of work; compliance. (a) It shall be the duty of the city plumbing inspector to enforce the provisions of this article. All plumbing work hereafter constructed shall be inspected and if not found to be in accordance with the adopted plumbing code and this article, such work shall be corrected. If after written notice to the person installing the work such person neglects or refuses to conform to such order, the city or the city plumbing inspector may remove such work and charge the costs thereof to the person installing the same. No person shall cover any work without being duly inspected or refuse to correct work when so ordered by the city plumbing inspector. (b) When it is necessary that more than one re-inspection be made by reason of the fact the installation does not comply with the provisions of the ordinances of the city, the permittee shall pay to the city clerk a re-inspection fee for each additional re-inspection in the same amount established for the original permit, and the inspector shall not make such re-inspection until the fee has been paid. (c) The plumbing inspector shall have the right during reasonable hours to enter any building in the discharge of his duties or for the purpose of making any inspection or test of the installation of plumbing work. (Prior Code, § 402.700) Sec. 3-63. Inspection fees. An inspection fee, as determined by the city council, shall be paid to the plumbing inspector. (Prior Code, § 402.800) Sec. 3-64. Revocation of license. The license herein provided for shall expire on December 31 next following the date of the issuance, but the city manager or his staff may revoke the license at any time if the licensee shall violate the provisions of this article or any other provision of this Code governing the performance of plumbing work. (Prior Code, § 402.900) Sec. 3-65. Penalty. Any person violating the provisions of this article shall be guilty of a misdemeanor, punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days, or both. (Prior Code, § 402.1000) Secs. 3-66—3-88. Reserved. § 3-88BUILDINGS AND CONSTRUCTION CD3:9 ARTICLE IV. RESIDENTIAL SWIMMING POOLS Sec. 3-89. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Swimming pool means any enclosure, in-ground or above-ground, having a water surface area exceeding 200 square feet and a water depth of not less than 24 inches. Temporary above-ground swimming pool means any swimming pool less than 5,000 gallons which is erected a maximum of six months in a calendar year and is completely drained and stored away for the winter months. (Prior Code, § 403.100) Sec. 3-90. Enforcement. The city building inspector, or his duly authorized representative, shall be charged with the enforcement of this article. (Prior Code, § 403.200) Sec. 3-91. Permit required. No swimming pool shall be constructed, excavated or established in the city without first obtaining a permit therefor. Temporary above-ground swimming pools are exempt from this permit requirement. An application for a permit shall be submitted to the building inspector which includes the type and size of pool, together with a site plan containing the following information: location of pool; location of all structures on the building lot, including house, garage, fencing or other improvements; location of pumps, filter, wiring, protective fencing, back flush and drainage outlets, grading plans and finish elevation around the pool; location of existing underground or overhead wiring, utility easements, trees and similar features; together with location of structures on adjacent lots. (Prior Code, § 403.300) Sec. 3-92. Fees. Normal building permit fees shall be charged, as now established and as established subsequent hereto from time to time by the city council. (Prior Code, § 403.400) Sec. 3-93. Minimum requirements. (a) Pools shall not be located within ten feet (measured horizontally) from underground or overhead utility lines of all types. (b) Pools shall not be located within any private or public utility, drainage, walkway or other easement. § 3-89 PRIOR LAKE CODE CD3:10 (c) Construction of pools shall be undertaken so as to avoid hazard, damage or considerable inconvenience to adjacent property. (d) The lot owner shall be liable for damages to any business or private property caused during pool construction. (e) To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or onto approved public drainageways and shall not drain onto adjacent private land. Drainage onto public streets or other public drainageways shall require permission of the appropriate local city officials. (f) Any pool lighting shall be directed toward the pool and not toward adjacent property. (g) Outdoor swimming pool areas shall be enclosed with a permanent safety fence at least four feet in height to prevent uncontrolled access to the pool area, and the fence shall have a gate which is self-closing and self-latching with the latch inaccessible to small children and at least four feet from the ground level. The use of temporary fencing (such as portable, garden, and snow fencing) is not allowed to satisfy this requirement. The fence shall be completely installed before filling the pool. Fencing is not required for temporary above- ground swimming pools which have at least four-foot-high vertical sidewalls, provided the sole access is by means of a removable ladder, ramp, or stairs which must be removed when the pool is not in use. (h) All wiring, installation of heating units, grading, installation of pipe or other construction shall be subject to inspection. (i) Nuisances, such as undue noise, lighting of adjacent property, health and safety hazards, damage to vegetation on adjoining property, and the like shall not be permitted. (j) Filling of pools from fire hydrants or other public facilities shall require the permission of the appropriate city officials. (Prior Code, § 403.500) Sec. 3-94. Location restrictions. (a) Single-family residential. Pools shall not be located within ten feet of any rear lot line nor within five feet of any side lot line, nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front yard. The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 25 feet from any residential structure on adjacent property and not closer than eight feet to any lot line. (b) Multiple-family dwelling. Private swimming pools intended for and used by occupants and guests of occupants of multiple-family dwellings shall adhere to the following regula- tions: (1) No part of the water surface of the swimming pool shall be closer than 50 feet to any lot line. § 3-94BUILDINGS AND CONSTRUCTION CD3:11 (2) No pumps, filter or other apparatus used in connection with the pools shall be located closer than 50 feet to any lot line. (3) The pool areas shall be adequately fenced to prevent uncontrolled access from the streets or adjacent lots as contained in section 3-93(g). Adequate screening, including, but not limited to, a landscape barrier shall be placed between the pool area and adjoining single-family district lot lines. (4) All deck areas, adjoining patios or other similar areas used in conjunction with the pools shall be located at least 15 feet from any lot line in an adjoining single-family district. (Prior Code, § 403.600; Ord. No. 107-03, 1-16-2007) Sec. 3-95. Penalty. Any person violating the provisions of this article shall be guilty of a misdemeanor and subject, upon being found guilty, to the payment of a maximum fine of $500.00 or 90 days in county jail, or both, together with the cost of prosecution. (Prior Code, § 403.800) § 3-94 PRIOR LAKE CODE CD3:12 Chapter 4 BUSINESSES Article I. In General Secs. 4-1—4-18. Reserved. Article II. Liquor Control Sec. 4-19. State law adopted. Sec. 4-20. Definitions. Sec. 4-21. License types. Sec. 4-22. License required; prohibited sales; instructional program established. Sec. 4-23. Application for and issuance of license. Sec. 4-24. Denials. Sec. 4-25. Renewals. Sec. 4-26. Term. Sec. 4-27. Transfers. Sec. 4-28. Non-employees on premises. Sec. 4-29. Display. Sec. 4-30. Right of inspection. Sec. 4-31. Moveable place of business. Sec. 4-32. Outdoor areas in on-sale establishments. Sec. 4-33. Obscenity and nudity. Sec. 4-34. Prohibitions. Sec. 4-35. Civil penalties; revocation and suspension. Sec. 4-36. Hearing on denial or violation. Sec. 4-37. Criminal violations and penalties. Sec. 4-38. Affirmative defense. Sec. 4-39. Compliance checks. Secs. 4-40—4-66. Reserved. Article III. Peddlers Sec. 4-67. Purpose. Sec. 4-68. Definitions. Sec. 4-69. Permit required. Sec. 4-70. Exemptions. Sec. 4-71. Application and fee. Sec. 4-72. Investigation and issuance. Sec. 4-73. General permit provisions. Sec. 4-74. Restrictions. Sec. 4-75. Revocation of permit. Sec. 4-76. Appeal. Sec. 4-77. Emergency. Sec. 4-78. Penalty. Secs. 4-79—4-99. Reserved. CD4:1 Article IV. Massage Therapy Sec. 4-100. Purpose. Sec. 4-101. Definitions. Sec. 4-102. Licenses required; exception. Sec. 4-103. Application for licenses. Sec. 4-104. License fee. Sec. 4-105. Persons ineligible for license. Sec. 4-106. Granting of licenses. Sec. 4-107. Background check. Sec. 4-108. Duration of license. Sec. 4-109. Conditions of license. Sec. 4-110. Health and disease control. Sec. 4-111. Massage therapy distinguished. Sec. 4-112. License requirements and restrictions. Sec. 4-113. Suspension or revocation of license. Sec. 4-114. Appeal to city council. Sec. 4-115. Penalty. Secs. 4-116—4-143. Reserved. Article V. Adult Uses Sec. 4-144. Purpose, intent and findings. Sec. 4-145. Definitions. Sec. 4-146. Sexually oriented use. Sec. 4-147. Conditional use. Secs. 4-148—4-177. Reserved. Article VI. Lawful Gambling Sec. 4-178. Purpose; adoption of state law. Sec. 4-179. Gambling activity authorized; license and permit required. Sec. 4-180. Premises permit. Sec. 4-181. Exempt or excluded permit. Sec. 4-182. Inspection. Sec. 4-183. Penalties. Sec. 4-184. Enforcement responsibility. Secs. 4-185—4-206. Reserved. Article VII. Cable Television Providers Sec. 4-207. Definitions. Sec. 4-208. Franchise required. Secs. 4-209—4-239. Reserved. Article VIII. Public and Private Gatherings Sec. 4-240. Definitions. Sec. 4-241. Permits required. Sec. 4-242. Permit fees and costs. Sec. 4-243. Permit application. PRIOR LAKE CODE CD4:2 Sec. 4-244. Permit conditions. Sec. 4-245. Additional requirements. Sec. 4-246. Responsibility of sponsor. Sec. 4-247. Violations or complaints. Sec. 4-248. Permit enforcement. Sec. 4-249. Permit revocation. Sec. 4-250. Rental permits. Secs. 4-251—4-278. Reserved. Article IX. Tobacco and Other Smoking-Related Products Sec. 4-279. Provisions of state law adopted. Sec. 4-280. Definitions. Sec. 4-281. License. Sec. 4-282. Fees. Sec. 4-283. Grounds for denial of license. Sec. 4-284. Prohibited sales. Sec. 4-285. Responsibility. Sec. 4-286. Compliance checks and inspections. Sec. 4-287. Exceptions and defenses. Sec. 4-288. Violations and penalties. Sec. 4-289. Process for denial, administrative penalty, suspension and revocation. Secs. 4-290—4-311. Reserved. Article X. Sidewalk Eating Areas Sec. 4-312. Purpose. Sec. 4-313. Permit required. Sec. 4-314. Restrictions and requirements. Sec. 4-315. Permit procedure. Sec. 4-316. Insurance. Sec. 4-317. Permit suspension and revocation. Sec. 4-318. Appeals. Sec. 4-319. Permit fee. Sec. 4-320. No right to subsequent year permit. Secs. 4-321—4-343. Reserved. Article XI. Sidewalk Sales Sec. 4-344. Purpose. Sec. 4-345. Permit required. Sec. 4-346. Restrictions and requirements. Sec. 4-347. Permit procedure. Sec. 4-348. Insurance. Sec. 4-349. Permit suspension and revocation. Sec. 4-350. Appeals. Sec. 4-351. Permit fee. Sec. 4-352. No right to subsequent year permit. Sec. 4-353. No transfer allowed. Secs. 4-354—4-379. Reserved. BUSINESSES CD4:3 Article XII. Short-Term Rentals Sec. 4-380. Purpose. Sec. 4-381. Scope. Sec. 4-382. Definitions. Sec. 4-383. Permit. Sec. 4-384. Responsibility of owners. Sec. 4-385. Disorderly conduct. Sec. 4-386. Permit suspension or revocation. Sec. 4-387. Appeal. Sec. 4-388. Posting. Secs. 4-389—4-419. Reserved. Article XIII. Community Events Sec. 4-420. Findings. Sec. 4-421. Definitions. Sec. 4-422. Classifications. Sec. 4-423. Fees and costs. Sec. 4-424. Permit. Sec. 4-425. Application. Sec. 4-426. Permit conditions. Sec. 4-427. Additional requirements. Sec. 4-428. Responsibility of sponsor. Sec. 4-429. Violations or complaints. Sec. 4-430. Enforcement. Sec. 4-431. Revocation. Secs. 4-432—4-460. Reserved. Article XIV. Sale of Certain Cannabinoid Products; Licensing Sec. 4-461. Purpose. Sec. 4-462. Definitions. Sec. 4-463. License required. Sec. 4-464. Application. Sec. 4-465. Background check. Sec. 4-466. Action. Sec. 4-467. Term of license. Sec. 4-468. Licensee violations. Sec. 4-469. Responsibility for sales. Sec. 4-470. Sampling and on-site consumption. Sec. 4-471. Use of false identification. Sec. 4-472. Compliance checks and inspections. Sec. 4-473. Violations. Sec. 4-474. Severability. Sec. 4-475. Continued violation. Sec. 4-476. Penalties. PRIOR LAKE CODE CD4:4 ARTICLE I. IN GENERAL Secs. 4-1—4-18. Reserved. ARTICLE II. LIQUOR CONTROL Sec. 4-19. State law adopted. The provisions of Minn. Stats. ch. 340A relating to alcohol are adopted and made a part of this article as if fully set forth. Except to the extent the provisions of this article are more restrictive, the provisions of Minn. Stats. ch. 340A regarding the terms, licensing, consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made a part of this article as if set out in full. (Prior Code, § 301.100; Ord. No. 105-21, 9-17-2005) Sec. 4-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol-related product means any food or beverage containing more than one-half of one percent alcohol by volume, including, but not limited to, intoxicating liquor, malt liquor, and wine. Applicant means a person who completes or signs an application for a license to sell alcohol-related products under this article. Bowling center means an establishment where the primary business is bowling, other family recreational activities and equipment sales, including, but not limited to, bowling, arcade games, and billiards, and where food, beverage, and vending sales are offered and served. A bowling center must have a minimum of 12 lanes of bowling available and a minimum of 50 percent of the bowling center's square footage dedicated to bowling, which includes, but is not limited to, the bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines, locker area for bowling balls, counter space for bowling business transactions, and the bowling pro shop. Brewer taproom means an establishment located on the premises of or adjacent to one brewery location owned by a brewer licensed under Minn. Stats. § 340A.301, subd. 6(c), (i), or (j), where the on-sale and consumption of malt liquor produced by the brewer is permitted pursuant to Minn. Stats. § 340A.26. Cocktail room means an establishment on the premises of or adjacent to one distillery location owned by a distiller, where the on-sale of distilled spirits produced by the distiller is permitted pursuant to Minn. Stats. § 340A.22. § 4-20BUSINESSES CD4:5 Distiller means a person who manufactures distilled spirits for sale. Growler means malt liquor sold off-sale by a small brewer or brewpub which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750-milliliter bottles. License holder means an applicant who, pursuant to an approved application, holds a valid, current, unexpired license to sell alcohol-related products under this article, which has neither been revoked nor suspended. For the purposes of this article, the term "license holder" also includes owners, agents and employees of the license holder. On-site food service means regular service of meals prepared on the premises and served on site at tables to the general public. Prepackaged snack foods do not qualify as on-site food service. Original package means the bottle or sealed container in which the alcohol-related product is placed by the manufacturer. Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where on-site food service is provided to the general public, and having a minimum seating capacity of 20 guests. Small brewer means a brewer licensed under Minn. Stats. § 340A.301, subd. 6(c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer where the off-sale of malt liquor produced by the brewer is permitted pursuant to Minn. Stats. § 340A.28. (Prior Code, § 301.200) Sec. 4-21. License types. The following types of licenses may be available from the city for the sale of alcohol-related products: (1) On-sale intoxicating liquor license. A license for on-sale of intoxicating liquor may be issued only to hotels, restaurants, bowling centers, clubs or congressionally chartered veterans' organizations. A license may be issued to a congressionally chartered veterans' organization only if it has been in existence for at least three years and intoxicating liquor sales will only be to members and bona fide guests. On-sale intoxicating liquor licenses are subject to the following conditions: a. Where the licensed premises is a freestanding building, the building (exclusive of land) shall have a minimum valuation of $100,000.00 as established by the county assessor's determination of fair market value; b. No on-sale of intoxicating liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday. No on-sale of intoxicating liquor may be made after 2:00 a.m. on Sunday without an on-sale Sunday liquor license. (2) Off-sale intoxicating liquor license. A license for off-sale of intoxicating liquor may be issued only to exclusive liquor stores. No off-sale of intoxicating liquor may be made § 4-20 PRIOR LAKE CODE CD4:6 before 8:00 a.m. or after 10:00 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8:00 p.m. on Christmas Eve. No off-sale of intoxicating liquor may be made on Sundays. (3) On-sale 3.2 percent malt liquor. A license for on-sale of 3.2 percent malt liquor may be issued. No sale of 3.2 percent malt liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday. (4) Off-sale 3.2 percent malt liquor license. A license for off-sale of 3.2 percent malt liquor may be issued. No sale of 3.2 percent malt liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday. (5) On-sale malt liquor brewer taproom license. A license for on-sale of malt liquor may be issued to brewer taprooms. On-sale malt liquor brewer taproom licenses are subject to all conditions and restrictions contained in Minn. Stats. § 340A.26. No on-sale of malt liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday. No on-sale of malt liquor may be made after 2:00 a.m. on Sunday without an on-sale Sunday liquor license. (6) Off-sale malt liquor small brewer (growler) license. A license for off-sale of malt liquor may be issued to small brewers. Off-sale malt liquor small brewer licenses are subject to all conditions and restrictions contained in Minn. Stats. §§ 340A.28 and 340A.285. No off-sale of malt liquor may be made before 8:00 a.m. or after 10:00 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8:00 p.m. on Christmas Eve. No off-sale of malt liquor may be made on Sundays, except that malt liquor in growlers only may be sold off-sale on Sundays between the hours of 8:00 a.m. and 10:00 p.m. (7) On-sale brewpub license. A license for on-sale of intoxicating liquor or 3.2 malt liquor may be issued to brewpubs for a restaurant operated in the place of manufacture. On-sale brewpub licenses are subject to all conditions and restrictions contained in Minn. Stats. § 340A.24. No on-sale of intoxicating liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday. No on-sale of intoxicating liquor may be made after 2:00 a.m. on Sunday without an on-sale Sunday liquor license. No sale of 3.2 percent malt liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday. (8) Off-sale malt liquor brewpub (growler) license. A license for off-sale of malt liquor may be issued to brewpubs for a restaurant operated in the place of manufacture. Off-sale malt liquor brewpub licenses are subject to all conditions and restrictions contained in Minn. Stats. §§ 340A.24 and 340A.285. No off-sale of malt liquor may be made before 8:00 a.m. or after 10:00 p.m. Monday through Saturday, on Thanksgiv- ing Day, on Christmas Day, or after 8:00 p.m. on Christmas Eve. No off-sale of malt liquor may be made or at any time on Sundays, except that malt liquor in growlers only may be sold off-sale on Sundays between the hours of 8:00 a.m. and 10:00 p.m. § 4-21BUSINESSES CD4:7 (9) On-sale wine license. A license for on-sale of wine may be issued to restaurants having facilities for seating and providing on-site food service for at least 25 guests at one time. Notwithstanding the prohibition contained in section 4-22, the holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license may sell malt liquor containing in excess of 3.2 percent of alcohol by weight at on-sale without an additional license. No on-sale of wine may be made after 2:00 a.m. or before 8:00 a.m. Monday through Sunday. (10) On-sale cocktail room license. A license for on-sale of distilled spirits may be issued to a cocktail room. Cocktail room licenses are subject to all conditions and restrictions contained in Minn. Stats. § 340A.22. No on-sale of intoxicating liquor may be made after 2:00 a.m. or before 8:00 a.m. Monday through Saturday. No on-sale of intoxicating liquor may be made after 2:00 a.m. on Sunday. (11) Off-sale microdistillery license. A license for off-sale of distilled spirits may be issued to a microdistillery. Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minn. Stats. § 340A.22. No off-sale of intoxicating liquor may be made before 8:00 a.m. or after 10:00 p.m. Monday through Saturday, on Thanksgiving Day, on Christmas Day, or after 8:00 p.m. on Christmas Eve. No off-sale of intoxicating liquor may be made on Sundays. (12) On-sale Sunday license. A license for on-sale of intoxicating liquor on Sunday may be issued to a hotel, bowling center, club, or restaurant to which an on-sale intoxicating liquor license has been issued. Such licenses may permit the sale of alcohol-related products to be consumed on the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction with on-site food service, provided that the license holder is in conformance with the state Clean Indoor Air Act, Minn. Stats. § 144.411 et seq., and provided a public hearing is held prior to the issuance of the license. No Sunday license is needed for on-sale of 3.2 percent malt liquor or on-sale of wine. (13) Temporary on-sale intoxicating liquor license. A license for temporary on-sale of intoxicating liquor in connection with a social event within the city sponsored by the license holder may be issued to a club or charitable, religious or nonprofit organization, comprised of at least 35 members, in existence for at least three years, or a political committee registered under Minn. Stats. § 10A.14. a. The license may authorize the sale of alcohol-related products for not more than four consecutive days and may authorize sales on premises other than premises the license holder owns or permanently occupies. The license may provide that the license holder may contract for catering services with the holder of a full-year on-sale license issued by the city. The licenses are subject to the terms, including license fee, imposed by the city. In addition to any terms and conditions that the city council may impose as a condition of approval for a temporary on-sale license, the licenses issued under this subsection are subject to all laws and ordinances governing the sale of alcohol-related products except § 4-21 PRIOR LAKE CODE CD4:8 Minn. Stats. §§ 340A.409 and 340A.504, subd. 3(d). Temporary licenses must be approved by the state commissioner of public safety before they become valid. b. The city may issue up to three four-day temporary licenses, four three-day licenses, six two-day licenses, or 12 one-day licenses in any combination (but not to exceed 12 days per year) to any one organization or for any one location. No more than one temporary license may be issued to any one organization or for any one location within any 30-day period, unless the licenses are issued in connection with an official community festival, designated as such by the city. (14) Temporary on-sale malt liquor licenses. A license for temporary on-sale of 3.2 percent malt liquor may be issued to a club or charitable, religious, or nonprofit organization. (15) Consumption and display permit. A consumption and display permit is a permit to directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor. For the purposes of this article, a consumption and display permit shall be considered a license and an applicant for and holder of a consumption and display permit shall comply with all procedures, rules and regulations of this article. a. A consumption and display permit must be approved by the city and then issued by the state commissioner of public safety. In order to obtain city approval, an application shall be filed with the city in the same manner as an application is filed for a liquor license under this article. b. A consumption and display permit may only be issued to an applicant who: 1. Has not, within five years prior to the application, been convicted of a felony or of violating any provision of this article or rule adopted under this article; and 2. Qualifies as one of the following: (i) A restaurant; (ii) A hotel; (iii) An establishment licensed for the sale of 3.2 percent malt liquor; (iv) A resort as defined in Minn. Stats. § 157.15; (v) A club as defined in Minn. Stats. § 340A.101, subd. 7, or an unincorporated club otherwise meeting that definition; or (vi) A bed and breakfast facility as defined in Minn. Stats. § 340A.4011, subd. 1. (Prior Code, § 301.300; Ord. No. 105-21, 9-17-2005; Ord. No. 04-29, 10-23-2005; Ord. No. 118-17, 3-3-2018) § 4-21BUSINESSES CD4:9 Sec. 4-22. License required; prohibited sales; instructional program established. (a) License. No person shall directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession or otherwise dispose of any alcohol-related products at any place in the city without first obtaining a license as provided by this article and paying the accompanying license fee. This subsection does not apply to: (1) Possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) Such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) Industrial alcohol and its compounds not prepared or used for beverage purposes; or (4) Sales by manufacturers to wholesalers duly licensed as such by the state and to sales by wholesalers to persons holding on-sale or off-sale licenses from the city. (b) Prohibited sales. No person shall sell, offer for sale, give away, furnish, or otherwise deliver any alcohol-related product: (1) To any person under 21 years of age. (2) By any means, or to any other person, prohibited by federal, state, or local law, ordinance provision, or other regulation. (c) Instructional program. Other than temporary licenses issued under section 4-21(13) and (14): (1) No person shall be issued a license or renewal license to sell alcohol-related products unless the applicant has a program for instructing all employees in the legal requirements pertaining to the sale of alcohol-related products, including, but not limited to, reviewing the law on the sale of alcohol-related products, providing information on the health risks of using alcohol-related products, and requiring employees to request identification where age may be in doubt. (2) The training shall include information that the sale of alcohol-related products to minors is illegal, what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal or civil liability. (3) At the request of the city, a license holder or applicant shall provide copies of written and other materials used in connection with the program. (4) No license shall be issued unless the applicant or license holder signs a city form attesting that each employee of the applicant or license holder has received training and instruction on the sale of alcohol-related products and the date such training occurred. § 4-22 PRIOR LAKE CODE CD4:10 (5) Any new employee of the license holder who begins employment during the license period shall participate in the training prior to serving or selling any alcohol-related product. (Prior Code, § 301.400) Sec. 4-23. Application for and issuance of license. (a) Application. An application for a license to sell alcohol-related products shall be made on a form prescribed by the proper state department, together with such additional information as the city may desire. If state forms are not prescribed, then applications shall be made on forms provided by the city. Information required may vary with the type of entity making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. No person shall make a false statement in an application. The completed application, along with the documents described herein, shall be submitted to the city manager or designee for approval by the city council. (b) Documents to accompany application. At the time of application, the following shall be provided by the applicant: (1) License fee. Each application for a license shall include proof of payment of the license fee. The license fee shall be determined by the city council and set forth in the city fee schedule. License fees which are in excess of $500.00 and are issued for less than a full year may be prorated on a monthly basis based on the date of issuance of the license. The license fee is nonrefundable except as provided in Minn. Stats. § 340A.408, subd. 5. (2) Investigation fee. Applications for an initial license or transfer of an existing license shall also include payment of an investigation fee of $500.00. If an investigation outside of the state is required, the applicant shall pay the $500.00 fee, plus all actual costs of the out-of-state investigation, prior to consideration of the license application by the city council. The investigation fee is nonrefundable. Applications for the following licenses do not require an investigation fee: a. Temporary licenses issued under section 4-21(13) and (14); b. Off-sale malt liquor small brewer license issued under section 4-21(6), provided that concurrent with the application, applicant pays an investigation fee for an on-sale malt liquor brewer taproom license under section 4-21(5); c. Off-sale malt liquor brewpub license issued under section 4-21(8), provided that concurrent with the application, applicant pays an investigation fee for an on-sale brewpub license under section 4-21(7); d. Off-sale microdistillery license issued under section 4-21(11), provided that concurrent with the application, applicant pays an investigation fee for an on-sale cocktail room license section 4-21(10); e. On-sale Sunday license issued under section 4-21(12). § 4-23BUSINESSES CD4:11 (3) Legal documents. All applications shall be accompanied by copies of each notice received by the applicant under Minn. Stats. § 340A.802 during the preceding year. (4) General liability insurance. Licenses shall be issued, maintained, or renewed only if the applicant or license holder demonstrates financial responsibility as defined in Minn. Stats. § 340A.409 for the applicant's liability under Minn. Stats. § 340A.801. Such proof of financial responsibility shall be filed with the state commissioner of public safety and a copy filed with the city with the application for a license. The sale of alcohol-related products without having on file with the city effective proof of financial responsibility is subject to the provisions of section 4-35(d). Proof of financial responsibility shall be given by: a. A certificate that there is in effect for the license period an insurance policy or pool providing at least $500,000.00 of coverage because of bodily injury to any one person in any one occurrence, $1,000,000.00 because of bodily injury to two or more persons in any one occurrence, $500,000 because of injury to or destruction of property of others in any one occurrence, $500,000.00 for loss of means of support of any one person in any one occurrence, and $1,000,000.00 for loss of means of support of two or more persons in any one occurrence; b. A bond of a surety company with minimum coverage as provided in subsection (b)(4)a of this section; or c. A certificate of the state treasurer that the license holder has deposited with him $100,000.00 in cash or securities which may legally be purchased by savings bank or trust funds having a market value of $100,000.00. The proof of financial responsibility shall provide that the insurer or holder will provide the city with 30 days' notice prior to the termination or any change in coverage. Proof of financial responsibility is not required for licensees identified by Minn. Stats. § 340A.409, subd. 4, provided that the required affidavit is provided by the applicant prior to issuance of the license. (5) Workers' compensation insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. (6) Partial refund. In circumstances where an existing license holder discontinues its license before the expiration date and a new license is issued for the same location for the remainder of the license period, a pro rata refund of the discontinued license for the remainder of the license term may be granted at the discretion of the city council subject to the following: a. The request for refund shall be made during the term for which the discontinued license was issued. b. A refund will be considered only for license fees, not for investigation fees. c. If the pro rata refund is less than $1,000.00, no refund shall be issued. d. An administrative fee as set forth in the city fee schedule shall be charged for every refund. § 4-23 PRIOR LAKE CODE CD4:12 e. The reason the license was discontinued is a result of the issuance of a new license at the same location. f. License discontinuation is not the result of a violation of this article. (7) Corporate applicants and license holders. The following shall apply to corporate applicants and license holders: a. A corporate applicant, at the time of application, shall furnish the city with a list of all persons that have an interest in such corporation and the extent of such interest. b. The list shall name all shareholders holding more than five percent of all issued and outstanding stock of the corporation and show the number of shares held by each, either individually or beneficially for others. c. Each corporate license holder shall notify the city in writing of any change in legal ownership or beneficial interest in such corporation or in such shares. The notice of such change must be given within ten days of its occurrence. d. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate license holder which results in the change of voting control of the corporation by the persons owning the shares therein shall be deemed equivalent to a transfer of the license issued to the corporation. e. The council or any officer of the city designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate license holder in order to verify and identify the shareholders, and the council or its designated officer may examine the business records of any other license holder to the extent necessary to disclose the interest which persons other than the license holder have in the licensed business. (c) Review by city clerk. The city clerk shall review each application, making the following determinations and recommendations: (1) If the city clerk determines that an application is incomplete or without supporting documentation, he or she shall return the application to the applicant with notice of the deficiencies. (2) If the city clerk determines the application is complete, he or she shall refer the application to the police chief, who shall institute such investigation of the applicant and the contents of the application as is deemed necessary, including, but not limited to, a criminal history check with the bureau of criminal apprehension. The police chief shall provide a report of the investigation to the city clerk. (3) The city clerk shall review the application, supporting documents, and the result of a background investigation and prepare a report to the city council, recommending approval, approval with conditions, denial, or delay of any action for such reasonable period of time to permit the city to complete any additional investigation of the § 4-23BUSINESSES CD4:13 application or the applicant deemed necessary. The report shall include the basis for the recommendation and shall indicate whether the licensed premises will be subject to a conditional use permit. (d) Manager or agent. Before a license is issued under this article to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the city, or to a corporation, partnership, company or association, the applicant shall appoint in writing a natural person who is its manager or agent. Such manager or agent shall, by the terms of a written consent, take full responsibility for the conduct of the licensed premises and serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a license holder. If such manager or agent ceases to act in such capacity for the license holder without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. (e) Action by city council. After the investigation and review: (1) The city council shall grant or deny the issuance of the license. No license shall become effective until approved by the commissioner of public safety if required by Minn. Stats. ch. 340A. (2) The city council may impose reasonable conditions on the issuance of any license. (3) If the licensed premises are subject to a conditional use permit, the conditions applicable to the conditional use permit are automatically incorporated in and apply to the license. (4) If the city council, and the commissioner of public safety if required, approve issuance of the license, a license shall be issued to the applicant. (5) If the city council denies issuance of the license, a written notice of denial along with the reasons for the denial shall be sent to the applicant at the address provided on the application. If a license is mistakenly issued, it shall be revoked by the city manager upon the discovery of the mistake. (f) Duplicate licenses. Duplicates of all original licenses under this article may be issued by the city clerk without action by the council. (Prior Code, § 301.500; Ord. No. 107-04, 1-27-2007; Ord. No. 111-05, 6-11-2011) Sec. 4-24. Denials. The following shall be grounds for denying the issuance, transfer, or renewal of a license under this article. The following list is not exhaustive or exclusive: (1) The applicant is under 21 years of age. § 4-23 PRIOR LAKE CODE CD4:14 (2) The applicant has within the past five years violated any provision of this article, other provisions of this Code, state or federal law, or other regulation relating to alcohol-related products. (3) The applicant or license holder, including any person who holds an interest of more than five percent of an applicant or license holder, has had a license to sell alcohol-related products revoked within the preceding five years of the date of application. (4) The applicant fails to provide any information required on the application or provides false or misleading information. (5) The applicant or license holder has outstanding fines, penalties or property taxes owed to the city, county or state. (6) The applicant is directly or indirectly the owner of any current license issued under this article. (7) The proposed licensed premises is ineligible for a license under state law or this Code. (8) Taxes, assessments, fines or other financial claims of the city, county or state are delinquent and unpaid as to the premises to be licensed. Notwithstanding the foregoing, if the delinquent taxes, assessments, fines or financial claims are against a landowner, and the applicant is a tenant of landowner and has no financial interest in landowner, then the city council may, in its discretion, but shall not be required to, grant a license to an applicant so long as the applicant is not delinquent on any taxes, assessments, fines or financial claims as set forth herein. (9) The premises to be licensed is located within 300 feet of any church or school, except that in the city council's discretion and with the written consent of the church or school, temporary on-sale malt liquor licenses and temporary on-sale intoxicating liquor licenses may be issued for church property, property within 300 feet of any church, or property within 300 feet of any school. No license shall be issued for school property. (10) It is impractical to conduct a background or financial investigation due to the unavailability of information or the results of the background or financial investiga- tion show that issuance would not be in the public interest. (11) The applicant is not of good moral character and repute. (12) The applicant or license holder has a direct or indirect interest in a manufacturer, brewer or wholesaler, except where the application is for a cocktail room, microdis- tillery, brewpub, brewer taproom, or small brewer, as defined in this article. (Prior Code, § 301.600) § 4-24BUSINESSES CD4:15 Sec. 4-25. Renewals. (a) The renewal of a license under this article shall be handled in the same manner as the original application and issuance. Any person intending to apply to renew a license shall submit a renewal application on a form provided by the city and pay the investigation and license fee. A license renewal application shall be submitted to the city no later than 45 days prior to the expiration of the license. The issuance of a license under this article is a privilege and not an absolute right and shall not entitle the holder to an automatic renewal of the license. (b) A late fee as set forth in the city fee schedule shall be imposed on any license holder who fails to submit a timely renewal application. (Prior Code, § 301.700) Sec. 4-26. Term. All licenses shall expire annually on June 30. (Prior Code, § 301.800) Sec. 4-27. Transfers. All licenses issued under this article shall be valid only on the licensed premises and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the city council. Any sale or transfer of stock of a corporate license holder is deemed a transfer of the license, which, without council approval, is grounds for revocation of the license. (Prior Code, § 301.900) Sec. 4-28. Non-employees on premises. A license holder shall not allow non-employees on the licensed premises from 20 minutes after the sale of alcohol-related products is prohibited until the sale is again permitted except as hereinafter provided. Non-employees are allowed on the on-sale premises of a hotel, restaurant, club, or bowling center during normal hours of operation. During the hours that the sale of alcohol-related products is prohibited, there may be no sale, consumption, or display of alcohol-related products. The license holder shall close off all access to alcohol-related products or any bar area in a manner approved by the city. (Prior Code, § 301.1000) Sec. 4-29. Display. Every license shall be conspicuously posted at the licensed premises and shall be exhibited to any person upon request. (Prior Code, § 301.1100) § 4-25 PRIOR LAKE CODE CD4:16 Sec. 4-30. Right of inspection. Any city police officer, city employee, or other appropriate officer shall have the unqualified right to enter, inspect, and search the licensed premises of any license holder hereunder without a warrant during business hours or when owners, managers, or other employees are located on the licensed premises. The business records of the license holder, including federal and state tax returns, shall be available for inspection by the city at all reasonable times upon written request. (Prior Code, § 301.1200) Sec. 4-31. Moveable place of business. No license of any type shall be issued for any business whose physical location is not permanent or is capable of being moved or changed, including, but not limited to, kiosks or trailers. The term "moveable place of business" does not include golf carts when used on golf course property or any moveable structure when specifically permitted by the city council under section 4-32. (Prior Code, § 301.1300) Sec. 4-32. Outdoor areas in on-sale establishments. All outdoor areas in on-sale licensed establishments are subject to the following limitations: (1) Every outdoor area must be approved as part of the original licensed premises or by the granting of an application for expansion of the license premises. No sales may be made nor may alcohol-related products be consumed in parking lots or any portion of any property without a permanent or temporary license from the city. (2) Regardless of the type of license issued to an outdoor area, the city council may regulate and restrict the hours, days, nature, volume, and other aspects of alcohol-related product sales and entertainment in any outdoor area to protect the safety and welfare of residents, businesses and other uses near the licensed premises. (3) The city council may authorize temporary entertainment not otherwise allowed under the license in an outdoor area by permit for special events pursuant to article VIII of this chapter. (4) Customers shall not be allowed to occupy the outdoor area in numbers greater than the seating capacity permits. (5) No bar shall be located in an outdoor area except a service bar for the exclusive use of employees of the license holder. (6) The license holder shall provide on-site food service to the outdoor area during all hours of operation of the outdoor area. § 4-32BUSINESSES CD4:17 (7) Access to and from the outdoor area shall be through the licensed premises or through property controlled by the license holder. (8) No sales of alcohol-related products may be made on any public or private property open to the public for passageway purposes except as specifically authorized by the city council. The city council may regulate and restrict the hours, days, nature, volume and other aspects of sales in these areas, and may require the license holder to procure insurance naming the city as an additional insured to protect the safety and welfare of residents, businesses and other uses near the licensed premises. (Prior Code, § 301.1400) Sec. 4-33. Obscenity and nudity. No license holder shall: (1) Employ or use any person in the sale or service of alcohol-related products or as employees while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, male or female genitals, or the female breast below the top of the areola; (2) Employ or use the services of any wait person while such person is unclothed or in such attire, costume or clothing as described in subsection (1) of this section; (3) Encourage or permit any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person; (4) Permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (Prior Code, § 301.1500) Sec. 4-34. Prohibitions. No license holder or its owners, agents, or employees shall: (1) Knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the license holder's control to be used by prostitutes. (2) Knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of federal, state or local law, nor shall any license holder permit consumption of alcohol-related products on the licensed premises more than 20 minutes after the hour when a sale thereof can be legally made. (3) Except for charitable gambling as defined and permitted under state law, gambling and gambling devices are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the state lottery director. (4) Employ or use any person in the sale or service of alcohol-related products or as employees for the purpose of staging any nature of lingerie show in or upon the § 4-32 PRIOR LAKE CODE CD4:18 licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, or genitals. (5) Fail to comply with the conditions of a conditional use permit whether the conditions are set out in this Code or were imposed by the planning commission or city council upon approval of the conditional use permit. (6) Violate any portion of this article. (7) Violate any applicable federal, state or local, civil or criminal statute, ordinance, or regulation pertaining to alcohol-related products. (8) Violate a condition under which the license was granted, including, but not limited to, the timely payment of real estate taxes or other charges. (9) Violate a federal, state or local law regulating the sale of alcohol-related products or controlled substances. (10) Create a public nuisance, as described in this Code, on the premises or in the surrounding area. (11) Suffer or permit illegal acts upon the licensed premises or on property owned, controlled by, or adjacent to the licensed premises, whether related or unrelated to the sale of alcohol-related products. (12) Have knowledge of illegal acts upon or attributable to the licensed premises but fail to report the same to the police. (13) Fail to comply with a condition of the license imposed by the city council or fail to meet a deadline for any such condition. (14) Commit any act which would allow for denial of a license under this article. (Prior Code, § 301.1600) Sec. 4-35. Civil penalties; revocation and suspension. (a) Violations. Any violation of this article shall be considered an act of the license holder for purposes of imposing a civil penalty, license suspension, or revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. The license holder shall be responsible for the conduct of its agents and employees on the licensed premises. A civil penalty, revocation, or suspension may be pursued and imposed regardless of any criminal adjudication. (b) Notice of violation. The police department shall inform the city clerk of the suspected violation. The city clerk shall send to the license holder a written notice of the suspected violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation pursuant to section 4-36. § 4-35BUSINESSES CD4:19 (c) Civil penalties. Each license issued hereunder shall be subject to suspension or revocation or imposition of a civil fine of up to $2,000.00 for violation of any provisions of this article or state law as follows: (1) Presumptive civil penalties; purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspension, the propriety of revocations, and the amount of fines, and shall apply to all premises licensed under this article. These penalties are presumed to be appropriate for every case; however, the council may deviate in an individual case where the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a license holder's efforts in combination with the state or city to prevent the sale of alcohol-related products to minors. When suspending or revoking a license or imposing a fine for a violation of this article, the council will provide written findings that support the penalty selected. Further, when deviating from the standard set forth herein, the council shall set forth in writing the rationale for the deviation. (2) Presumptive penalties for violations. The minimum penalties for civil violations as determined by the city council shall be presumed as follows (unless specified, number indicates consecutive days' suspension): Type of Violation Appearance 1st 2nd 3rd 4th Commission of a felony related to the licensed activ- ity Revocation NA NA NA Sale of alcohol-related products while license is under suspension Revocation NA NA NA Sale of alcohol-related products to underage person 1 and $1,000.00 (1 day suspension and $500.00 suspended for 1 year and dismissed if no same or similar violations in that year) 6 18 Revocation Sale of alcohol-related products to obviously intoxicated person 3 6 18 Revocation After-hours sale of alcohol- related products 3 6 18 Revocation After-hours display or consumption of alcohol- related products 3 6 18 Revocation Refusal to allow city inspec- tors or police admission to inspect premises 5 15 Revocation NA Illegal gambling on premises 3 6 18 Revocation § 4-35 PRIOR LAKE CODE CD4:20 Type of Violation Appearance 1st 2nd 3rd 4th Failure to take reasonable steps to stop person from leaving premises with alcohol-related products 3 6 18 Revocation Sale of intoxicating liquor where only license is for 3.2 percent malt liquor Revocation NA NA NA (d) Automatic suspension. Any license issued under this article shall be immediately suspended, without further action by the city council, upon notice from the city clerk to the applicant or license holder for lapse of required insurance, including, but not limited to, dram shop insurance, lapse of financial responsibility, or failure to notify city within a reasonable time of any modifications to insurance or financial responsibility. (e) Automatic revocation. Any license issued under this article shall be immediately revoked, without further action by the city council, upon written notice from the city clerk to the applicant or license holder of the mistaken issuance or renewal of a license. (f) Multiple violations. At a license holder's first appearance before the council, the council may act upon all of the violations that have been alleged in the notice sent to the license holder. The council in that case shall consider the presumptive penalty for each violation under the first appearance column in subsection (c) of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion. (g) Subsequent violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, shall be treated as a separate violation and dealt with as a second appearance before the council, unless the city clerk and license holder agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the council. (h) Computation of appearances. After the first appearance, a subsequent appearance by the same license holder will be determined as follows: (1) If the first appearance was within three years of the current violation, the current violation will be treated as second appearance. (2) If a license holder has appeared before the council on two previous occasions, and the current violation occurred within five years of the first appearance, the current violation will be treated as a third appearance. (3) If a license holder has appeared before the council on three previous occasions, and the current violation occurred within seven years of the first appearance, the current violation will be treated as a fourth appearance. (4) Any appearance not covered by subsection (h)(1), (2) or (3) of this section will be treated as a first appearance. § 4-35BUSINESSES CD4:21 (i) Other penalties. Nothing in this article shall restrict or limit the authority of the council to suspend the license up to 60 days, revoke the license, impose a civil fine not to exceed $2,000.00, to impose conditions, or take any other action, provided that the license holder has been afforded an opportunity for a hearing in the manner provided in section 4-36. Penalties imposed under this article do not require a prior criminal adjudication. (j) Reinstatement. A license shall be reinstated following expiration of the suspension period and upon payment of all fines by the license holder. No license shall be reinstated and no sales of alcohol-related products may be made until all fines have been paid. The sales of any alcohol-related products while a license is under suspension shall constitute a violation of subsection (e) of this section and result in the automatic revocation of the license. (k) Other enforcement of action. A civil penalty, suspension or revocation or combination thereof under this article does not preclude any private civil action or any criminal prosecution under this article or any other federal, state or local law, statute, ordinance or regulation. (Prior Code, § 301.1700; Ord. No. 114-09, 4-26-2014) Sec. 4-36. Hearing on denial or violation. (a) Following receipt of a notice of denial issued under section 4-23(e) or a notice of a violation and penalty issued under section 4-35, an applicant or license holder may request a hearing before the city council. The city council may appoint a hearing examiner who shall be a member of the city council or may conduct a hearing itself. A request for a hearing shall be made by the applicant or license holder in writing and filed with the city manager within ten days of the mailing of the notice of denial or notice of violation. If a hearing examiner conducts the hearing, the hearing examiner shall report its findings and make a recom- mendation to the full council. (b) If, after the hearing, the applicant or license holder is found ineligible for a license or in violation of this article, the council may affirm the denial, impose a fine, issue a suspension or revocation, or impose any combination thereof. The city manager shall mail notice of the denial, fine, suspension or revocation and the reason therefor to the applicant or license holder. (c) If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the ten-day period, then the denial, penalty, suspension or revocation imposed shall take immediate effect without any further notice. The city police department shall investigate compliance with the suspension or revocation. (Prior Code, § 301.1800) Sec. 4-37. Criminal violations and penalties. (a) Criminal violations—License holder and employees. As set forth in Minn. Stats. §§ 340A.503 and 340A.705, it shall be a gross misdemeanor for anyone to sell, furnish, or provide alcohol-related products to a person under 21 years of age. It shall be a gross § 4-35 PRIOR LAKE CODE CD4:22 misdemeanor for anyone under 21 years of age to sell, furnish, or give away any alcohol-related products. This subsection shall not apply to an employee of the license holder under 21 years of age but over 18 years of age while serving alcohol-related products. (b) Criminal violations—Other. (1) No person under 21 years of age shall enter a licensed premises for the purpose of purchasing or consuming any alcohol-related product. It is not unlawful for any person who has attained 18 years of age to enter licensed premises for the purposes of: a. Performing work at the licensed premises, including the serving of alcohol- related products, unless otherwise prohibited by statute; b. Consuming meals; or c. Attending social functions that are held in a portion of the licensed premises where alcohol-related products are not sold. (2) It shall be a misdemeanor for anyone under 21 years of age to use, purchase, attempt to purchase, or possess alcohol-related products. This subsection shall not apply to a person under 21 years of age but over 18 years of age who purchases or attempts to purchase alcohol-related products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes. (3) No person under 21 years of age shall misrepresent the person's age for the purpose of obtaining alcohol-related products, nor shall the person enter any licensed premises for the purposes of purchasing or having served or delivered any alcohol- related product, nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any alcohol-related products. (4) Any person shall, upon demand of the license holder, its employee, or agent, produce and permit to be examined one of the forms of identification provided under Minn. Stats. § 340A.503, subd. 6. (5) No person shall possess open containers of alcohol-related products or consume alcohol-related products on public property, including, but not limited to, public streets, sidewalks, parking lots, or in parks except where specifically permitted by this Code or city policy. No person shall possess open containers of alcohol-related products or consume alcohol-related products in parking lots under the control of a license holder outside the licensed premises or on private property generally open to the public unless possession or consumption for a specific event on such property is approved by the city manager in advance of the event. The requesting party for such approval shall submit an application to the city manager on a form authorized by the city. § 4-37BUSINESSES CD4:23 (6) No person shall consume nor any license holder permit consumption of alcohol- related products on licensed premises more than 20 minutes after the hour when a sale thereof can be legally made. (c) Criminal enforcement. Upon discovery of a suspected violation of any portion of this section, the city police department or other appropriate authority shall issue a criminal citation to the individual offender and license holder where appropriate. (Prior Code, § 301.1900) Sec. 4-38. Affirmative defense. A license holder may reasonably and in good faith rely on proof of age as described in Minn. Stats. § 340A.503, subd. 6, in making sales of alcohol-related products. In every appearance before the city council for a violation of the provisions of this article relating to the sale or furnishing of alcohol-related products to underage persons, the fact that the underage person involved has obtained and presented to the license holder, its employee or agent a form of identification identified in Minn. Stats. § 340A.503, subd. 6 from which it appears that the person was not an underage person and was regularly issued such identification shall be prima facie evidence that the license holder, its agent or employee is not guilty of a civil violation of this article and, when proven by a preponderance of the evidence, shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. (Prior Code, § 301.2000) Sec. 4-39. Compliance checks. All licensed premises shall be open to inspection by the city police or other authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks. Such compliance checks may involve, but are not limited to, engaging minors to enter the licensed premises to attempt to purchase alcohol-related products. If minors are used for compliance checks, they shall not be guilty of unlawful possession of alcohol-related products when such items are obtained as a part of a compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the license holder or his or her employee and shall produce any identification for which he or she is asked. (Prior Code, § 301.2100; Ord. No. 115-21, 8-22-2015; Ord. No. 116-12, 6-4-2016) Secs. 4-40—4-66. Reserved. ARTICLE III. PEDDLERS Sec. 4-67. Purpose. This article is not intended to interfere with the legitimate business activities of peddlers, solicitors, and transient merchants, as the same are defined herein, whether same be local or § 4-37 PRIOR LAKE CODE CD4:24 interstate. These provisions are intended only to, as nearly as possible, ferret out all illegitimate or confidence operators and to regulate and control all those who, in person, would use their unique presence on property within the city, or their unique proximity to its residents, for purposes of fraud, harassment, nuisance, theft, or other unlawful activities. (Prior Code, § 302.100) Sec. 4-68. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who files an application with the city clerk for a permit pursuant to this article. Noncommercial door-to-door advocate means a person who goes door to door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purposes of this article, the term "door-to-door advocate" includes door-to-door canvassing, pamphleteering intended for noncommercial purposes, and seeking donations for which no product or service is given in return. Peddler means person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street carrying the actual merchandise offered for sale, sells the merchandise at the time it is offered, delivers the merchandise at the time the sale is consummated and sells to the ultimate consumer and not to a retail establishment for an expected resale of the merchandise. Permit activities means all activities included in the definitions of the terms "peddler," "solicitor" and "transient merchant." Solicitor means a person who goes from house to house, door to door, business to business, and street to street to obtain orders for goods or services that will be provided at a later date. Solicitors do not carry the merchandise they are offering with them; however, they may carry samples or catalogues illustrating the goods and services available. Transient merchant means a person or entity that sells goods, wares or merchandise from a vehicle, portable shelter, vacant building, structure, lot or railroad car. (Prior Code, § 302.200; Ord. No. 124-01, § 2, 1-9-2024) Sec. 4-69. Permit required. It is unlawful for any peddler, solicitor, or transient merchant to engage in permit activities within the city without first obtaining a permit therefor in compliance with the provisions of this article. Each peddler, solicitor, or transient merchant engaged in permit activities, whether independently or on behalf of another, must have a separate permit. (Prior Code, § 302.300) § 4-69BUSINESSES CD4:25 Sec. 4-70. Exemptions. (a) The permit requirement in section 4-69 and the general permit requirements in section 4-73 do not apply to the following: (1) The acts of persons selling personal property at wholesale to dealers in such articles, nor the delivery of newspapers, nor to the acts of merchants or of their employees in delivering goods in the regular course of business, nor to the sale of farm or garden products by the person producing the same at the location where such products are produced, which production shall be proven by the vendor; or (2) Persons employed at a bakery, dairy, or grocery making an uninvited initiatory visit in an effort to establish regular route service for future delivery of perishables. (b) The permit requirement in section 4-69 and the general permit requirements in section 4-73 do not apply to noncommercial door-to-door advocates. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to a commercial activity. (c) The permit requirement in section 4-69 and the general permit requirements in section 4-73 do not apply to peddlers or solicitors who are 17 years of age or younger, who are engaged in permit activities on behalf of a public school or a private school, philanthropic organization, or community organization, which private school, philanthropic organization or community organization or its parent organization is on file with the secretary of state as a state domestic or a foreign business organization or has filed an assumed name, where the proceeds of the sales are mainly devoted to the benefit of the children engaged in permit activities. (d) Nothing contained in this article prohibits any sale required by statute or by order of any court or prevents any person conducting a bona fide auction sale pursuant to law. (Prior Code, § 302.400) Sec. 4-71. Application and fee. (a) Applicants for a peddler, solicitor, or transient merchant permit under this article shall file with the city clerk a sworn application in writing on a form to be furnished by the city clerk. (b) At the time of filing an application for a peddler, solicitor, or transient merchant permit, a fee shall be paid to the city clerk to cover the cost of administering the permit and investigation of the facts stated therein. The fee shall be as set forth in the city fee schedule and may be amended from time to time. No fees are required of individuals taking orders for the shipment of goods through interstate commerce. (Prior Code, § 302.500) § 4-70 PRIOR LAKE CODE CD4:26 Sec. 4-72. Investigation and issuance. (a) Upon receipt, each peddler, solicitor or transient merchant application shall be referred to the police chief, who shall institute such investigation of the applicant as she/he deems necessary, including, but not limited to, a driver's license check and a criminal history and wanted persons check with the bureau of criminal apprehension, for the protection of the public good, and who shall approve or deny the application in the manner prescribed in this article within a reasonable period of time. (b) If grounds exist under subsection (c) of this section for denying the permit, the police chief shall deny the permit; otherwise, the police chief shall immediately issue the permit to the applicant. In the case of a denial, the police chief shall notify the applicant in writing that his/her application is denied, the reason for denial, and that the applicant has the right to appeal the denial as set forth in subsection (d) of this section. Notice shall be delivered in person or by mail to the permanent residential address listed on the permit application, or, if no residential address is listed, to the business address provided on the permit application. (c) The following shall be grounds for denying a permit: (1) Fraud, misrepresentation or incorrect statement contained in the permit application. (2) The failure of an applicant to fully complete or to sign the permit application. (3) The failure of an applicant to pay the required fee at the time of application. (4) A conviction or adjudication within five years of the date of application for any violation of any federal or state statute or regulation or of any local ordinance which adversely reflects upon the person's ability to conduct the business for which the permit is being sought in a legal manner and where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities as provided in Minn. Stats. § 364.03, subd. 3. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (5) The revocation, within the past five years, of any license or permit issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (6) The denial, within the last year, of any license or permit application for the purpose of conducting business as a peddler, solicitor, or transient merchant. (7) The applicant has a bad business reputation, evidence of which shall include, but is not limited to, the existence of more than three substantiated complaints against an applicant with the Better Business Bureau, the state attorney general or another state's regulatory office or department (such as another state's attorney general's office), or other business or consumer rights office or agency, within the preceding 12 months, or three substantiated complaints filed with the city or another city, town, or other political subdivision against an applicant within the preceding five years. § 4-72BUSINESSES CD4:27 (8) Failure to follow all federal, state and local regulations, including failure to be registered, licensed or permitted if such registration, license or permit is required by any federal, state or local regulation. (d) Any permit applicant aggrieved by the denial of a permit may appeal by filing with the city clerk, within ten days of the date of mailing of the notice of denial, a written statement requesting a hearing before the city council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit applicant at his/her last known address at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. (Prior Code, § 302.600) Sec. 4-73. General permit provisions. (a) Each person engaged in permit activities must be permitted as provided in this article and may not be accompanied by a person who is not permitted while engaging in such activities. No permit may be transferred between persons or businesses. (b) Each person engaged in permit activities must carry the city-issued permit on his or her person and must display the permit between the waist and the neck on the front of his or her outer garment while engaged in permit activities. (c) All permits shall expire on December 31 in the year the permit is issued. (d) The permit issued by the city is the property of the city and must be returned to the city within seven days of its expiration or surrendered immediately upon suspension or revocation, whichever occurs sooner. (e) Each person engaged in permit activities must provide a sales slip, receipt, or other documentation to any person to whom they make a sale, or from whom they take an order or receive funds. The sales slip, receipt, or documentation must include the name of the person engaged in permit activities, his or her affiliated organization, the organization's address and phone number, and a description of the transaction. (Prior Code, § 302.700) Sec. 4-74. Restrictions. No peddler, solicitor, transient merchant, noncommercial door-to-door advocate, any person acting on his or her behalf, or other person engaged in similar activities shall, while engaged in such activities: (1) Shout, cry out, blow a horn, ring a bell, or use any sound-amplifying device upon any of the streets, alleys, parks, or other public places of the city or upon private property where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places. § 4-72 PRIOR LAKE CODE CD4:28 (2) Enter in or upon the property of another or attempt to enter in or upon the property of another if a placard or sign has been posted excluding peddlers and solicitors. The printed placard or sign must state "peddlers and solicitors prohibited" or other comparable statement. Such placard shall be at least four inches long and four inches wide and the printing thereon shall not be smaller than 48-point type. No person other than the person occupying such property shall remove, injure, or deface such placard or sign. (3) Enter in or upon the property of another or attempt to enter in or upon the property of another before 9:00 a.m. or after 9:00 p.m. local time year round. (4) Obstruct the free flow of traffic, either vehicular or pedestrian, in any public right-of-way. (5) Make false or misleading statements about the activities or products or services being sold. (6) State or imply that the city, by issuance of a permit, has endorsed his/her activities or products. (7) Operate in a manner a reasonable person would find harassing, intimidating, abusive, or threatening. (8) Operate in a manner a reasonable person would find offensive, obscene, or abusive, push open a door not opened by an occupant, place any portion of the person's body through an opened doorway without the invitation of an occupant, or physically attempt to stop an occupant from closing a door. (9) Enter onto the property of another through any side or rear yard or attempt to make contact with a person at any point other than the main point of entrance of the building or property being approached. (10) Remain on the property of another after instructed to leave. (11) Act in a manner that threatens the health, safety, or welfare of any person or the general public. (12) Conduct permit activities in any city park without prior written authorization from the city manager. (Prior Code, § 302.800) Sec. 4-75. Revocation of permit. (a) Permits issued under the provisions of this article may be revoked after notice and a hearing conducted by the city manager for any of the following causes: (1) Violation of this article; (2) Violation of federal, state, or local law, rule, or regulation relating to peddlers, solicitors, or transient merchants; or (3) Any action identified in section 4-72(c). § 4-75BUSINESSES CD4:29 (b) The police chief may recommend revocation of a permit to the city manager. Notice of the hearing for revocation of a permit shall be given by the city clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his/her last known address at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. (Prior Code, § 302.900) Sec. 4-76. Appeal. The decision of the city manager following a hearing as provided for in this article can be appealed by petitioning the city council. The appeal must be delivered to the city clerk in writing within ten days of the date of mailing of the city manager's decision. (Prior Code, § 302.1000) Sec. 4-77. Emergency. If, in the discretion of the city manager, imminent harm to the health or safety of the public may occur because of the actions of any person permitted under this article, the city manager may immediately suspend the person's permit and in such event shall provide notice to the person of the right to a post-suspension hearing pursuant to the procedures in section 4-75(b). (Prior Code, § 302.1100) Sec. 4-78. Penalty. A person who violates any provision of this article shall be deemed guilty of a misdemeanor and shall be punished in accordance with the penalties established by state law. (Prior Code, § 302.1300; Ord. No. 116-04,3-19-2016) Secs. 4-79—4-99. Reserved. ARTICLE IV. MASSAGE THERAPY Sec. 4-100. Purpose. It is the purpose of this article to protect the public health, safety and welfare and to guard against the inception and transmission of disease by regulating the profession of therapeutic massage. The city council finds that experience from other cities demonstrates that commercial enterprises such as therapeutic massage, conducted in private by a member of the same or the opposite sex who has not had any specialized training, are susceptible to operation in a manner contravening, subverting, or endangering the morals of the community, thus requiring licensing and regulation. The city council also finds that a massage therapist requires certain levels of specialized training in order to safely and § 4-75 PRIOR LAKE CODE CD4:30 properly provide therapeutic massage services. The provisions of this article have neither the purpose nor effect of imposing a restriction or limitation on freedom of expression or communication. (Prior Code, § 303.100) Sec. 4-101. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate or approved means acceptable to the city building official or his agents following his determinations as to conformance with public health practices and standards. Massage therapist means an individual who practices massage. Massage therapy means the method of treating the superficial parts of the human body by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument. Operate means to own, manage or conduct. Sanitary means free from pathogenic microorganisms. (Prior Code, § 303.200) Sec. 4-102. Licenses required; exception. It shall be unlawful for any person to perform or provide massage therapy services within the city unless licensed under this article. Only massage therapy shall be performed by individuals within the city. Any other type of massage service other than massage therapy is prohibited as a business or business activity. (Prior Code, § 303.300) Sec. 4-103. Application for licenses. (a) Application requirements. Any individual who offers, provides or engages in the practice of massage therapy shall apply to the city manager for a license. The license application shall be on a form prescribed by the city manager and at a minimum shall include: (1) The name, age and address of the applicant; (2) The length of experience in this occupation and the past places of employment and position held, accompanied by the names, addresses and telephone numbers of the employers; (3) A description of any crime, including the time, place, date and disposition for which the applicant has been arrested or convicted; § 4-103BUSINESSES CD4:31 (4) Photographs of the applicant taken by the city police department showing both the front and side view; and (5) The name of all other jurisdictions where the applicant had been licensed and the dates the applicant was licensed. (b) Educational requirements. Each applicant for a massage therapy license shall furnish with the application a diploma or certificate of graduation from a school which: (1) Is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local governmental agency having jurisdiction over the school; (2) Offers course work or degree programs in physical therapy, anatomy, physiology, physical culture, massage, hydrotherapy and hygiene; (3) Has for its purpose, either wholly or in part, the teaching of the theory, method, work or profession of massage; and (4) As a prerequisite of graduation, requires a resident course of study of not less than 70 hours of instruction in the subjects specified in subsection (b)(2) of this section. (c) Exemptions. In the event that such applicant is not a graduate of such a school, or such course work is not a prerequisite of graduation, the applicant may present a transcript certified by the school showing the completion, with passing grades, of 70 hours of instruction in the subjects specified in subsection (b)(2) of this section. New applicants for such licenses shall be required to comply with these requirements. Persons already licensed and who have been regularly employed or practicing massage therapy for a period of five years out of a six-year period preceding the effective date of the ordinance from which this article is derived are exempt from the provisions of subsection (b) of this section. Licensure by another jurisdiction shall satisfy the five-year exemption requirement, as long as the city manager determines the licensure requirements of the other jurisdictions meet or exceed those of the city. All other applicants must meet the educational requirements set forth in subsection (b) of this section. (d) Changes in license application information. It shall be the continuing duty of each licensee to properly notify the city manager of any change in the information or facts required to be furnished on the application of a license. This duty shall continue throughout the period of such license, and failure to comply with this article shall constitute cause for revocation or suspension of such license. (e) False, misleading or mission information. Any falsification of, or missing information on, the license application shall result in the denial of the license. If any falsification is discovered after the license is issued, the license shall be null and void. (Prior Code, § 303.400) § 4-103 PRIOR LAKE CODE CD4:32 Sec. 4-104. License fee. (a) Each application for a license shall be accompanied by payment in full of the required license fee. The annual license fee shall be determined by the city council. If a license application is denied, the city shall refund the payment except for $50.00 to cover administrative and processing costs. No other refunds shall be made. (b) At the time of each original application for a business license, there shall be paid in full an investigation fee as determined by the city council. No investigation fee shall be refunded. (Prior Code, § 303.500) Sec. 4-105. Persons ineligible for license. No massage therapy license shall be issued to an applicant who: (1) Is under 18 years of age; (2) Has been convicted of prostitution or any other crime or violation involving moral turpitude; or (3) Provides false or misleading information on the license application. (Prior Code, § 303.600) Sec. 4-106. Granting of licenses. (a) Generally. All licenses shall be issued by the city manager. All applications for a license shall be referred to the police chief or to such other city departments as the city manager may deem necessary to verify and investigate the facts set forth in the application. The police chief and other consultants, as applicable, will provide a written recommendation to the city manager concerning issuance or non-issuance of a license. The city manager may order and conduct such additional investigations as deemed necessary in order to make a determination whether to approve or deny the issuance of the license. (b) Denial or rescission of licenses. A license for a massage therapy license may be denied or rescinded upon any one of the following grounds: (1) Fraud or deception in the license application; (2) Applicant/licensee has a history of violations of laws and ordinances that apply to health, safety or moral turpitude; (3) Applicant/licensee is of bad repute; and (4) Applicant/licensee has been convicted of crimes or offenses involving sexual misconduct. (c) Renewal applications. Not less than 30 days prior to the expiration of the license, the licensee shall submit a renewal application to the city manager. A renewal application shall be made in the same manner as provided for the original application. (d) License not transferable. Licenses to perform massage therapy are not transferable. (Prior Code, § 303.700) § 4-106BUSINESSES CD4:33 Sec. 4-107. Background check. In order to protect the health, safety and welfare of the public, the city police department is authorized to conduct a criminal history background investigation or driver's license check on all persons who have applied for or who will sell, hawk, vend, peddle or solicit under a license issued herein. The results of the criminal history background investigation or driver's license check may be cause for denial of the license at the sole discretion of the city. (Prior Code, § 303.800; Ord. No. 111-01, 1-1-2011) Sec. 4-108. Duration of license. (a) All licenses issued pursuant to this article are issued for one year beginning on January 1 and expiring on December 31. License fees shall not be prorated. (b) When the licensee makes application for renewal of a current license and pays the required fee to the city before the termination date, the licensee is authorized to operate until such time as the city manager acts upon his renewal application or, if appealed, until the city council makes a determination whether to approve or deny the license and the license is either renewed or denied. (Prior Code, § 303.900) Sec. 4-109. Conditions of license. No individual shall solicit business or offer or agree to perform massage therapy services within the city while a license is under suspension or revocation by the city. (Prior Code, § 303.1000) Sec. 4-110. Health and disease control. No individual may provide massage therapy services while afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or any acute respiratory infection. (Prior Code, § 303.1100) Sec. 4-111. Massage therapy distinguished. The practice of massage therapy is declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. Persons duly licensed in the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, or those who work solely under the direction of any such persons and athletic directors or trainers under contract to a school district, private college, or public university are expressly excluded from the provisions of this article. (Prior Code, § 303.1200) § 4-107 PRIOR LAKE CODE CD4:34 Sec. 4-112. License requirements and restrictions. (a) Any person acting as a massage therapist shall have their license or a true copy thereof displayed in a prominent place in the licensed premises. The license will have a picture of the licensee affixed to it. (b) No individuals licensed to provide massage therapy services shall discriminate on grounds of race, creed, color, sex, national origin, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age in providing or performing services. (c) Whenever a massage is given, it shall be required by the massage therapist that the person receiving the massage shall have their buttocks, anus and genitals covered with an appropriate nontransparent covering, and any person performing massage therapy shall at all times have their anus, buttocks, genitals, and breasts covered with a nontransparent material. (d) A massage therapist shall ensure that the premises or room where the therapeutic massage is performed is maintained in a sanitary condition. The licensee shall permit an appropriately identified city building official to inspect the premises or room to ensure that the premises or room does not adversely affect the health, safety and welfare of persons obtaining massage therapy. (e) A massage therapist is excluded from the requirements of subsection (d) of this section if the therapeutic massage is performed upon the premises of a client or customer. (Prior Code, § 303.1300) Sec. 4-113. Suspension or revocation of license. (a) The city manager may suspend, revoke or deny a license issued under this article upon a finding of a violation of any of the conditions set forth in this article or any other ordinance of the city or state statute regulating massage therapy services. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. If a person violates, is in violation of, or fails to comply with any of the ordinances of the city or state law, it will be cause for revocation. (b) Prior to suspension or revocation, the city manager shall conduct a hearing on the proposed suspension or revocation. The licensee shall be provided with the ten days' written notice of the hearing. The notice shall state the time and place of the hearing and the basis for the proposed suspension or revocation. The city manager shall conduct the hearing. The licensee shall be afforded the opportunity to ask questions of any city official making statements at the hearing. The licensee shall be permitted the opportunity to submit such written or testimonial evidence as may be pertinent and germane to the issue of whether the license should be suspended or revoked. Within five days of the conclusion of the hearing, the § 4-113BUSINESSES CD4:35 city manager shall provide the licensee with written notice, setting forth the basis for the license decision. The city manager shall have the discretion to suspend a license for any reasonable period up to 60 days. (Prior Code, § 303.1400) Sec. 4-114. Appeal to city council. Within five days of receipt of the city manager's written decision to suspend, revoke or deny a business or personal service license, the licensee or applicant may appeal the decision to the city council. Every appeal shall be in writing. Failure to file a notice of appeal within the time provided shall constitute a waiver of the licensee's or applicant's right to appeal. The city council may, based upon a finding of exceptional circumstances, nonetheless grant a hearing to consider the appeal. (Prior Code, § 303.1500) Sec. 4-115. Penalty. Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this article, whether individually or in connection with one or more persons or his principal, agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate any of the provisions of this article is likewise guilty of a misdemeanor. (Prior Code, § 303.1600) Secs. 4-116—4-143. Reserved. ARTICLE V. ADULT USES Sec. 4-144. Purpose, intent and findings. (a) Purpose and intent. In order to protect the city's community image, property values, public health, safety, welfare and business environment, the city has found it necessary to restrict which businesses may be located within the city and to regulate certain businesses. Only those businesses with potential secondary impacts on neighboring properties and the city are intended to be regulated. This article is not intended to restrict or regulate art. (b) Findings. (1) The city has reviewed a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota; the Olmsted County Planning Department "Adult Entertainment Report," dated March 2, 1988; and "A 40-Acre Study," prepared by the St. Paul Division of Planning in § 4-113 PRIOR LAKE CODE CD4:36 1987, all of which reports are hereafter collectively referred to as "reports." The reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. (2) The attorney general's report, based upon the studies referenced in subsection (b)(1) of this section and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the attorney general's working group "heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The report concludes that: a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. Residential neighborhoods located within close proximity to adult theaters, bookstores, and other sexually oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. The adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented use increases; d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually oriented uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivi- ous behavior; e. The Phoenix, Arizona, study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana, study established that professional real estate appraisers believe that a sexually oriented business would have a negative effect on the value of both residential and commercial properties within a one- to three-block area of the use. (3) The city council finds that characteristics of the city are similar to those of the cities cited by the reports when considering the effects of sexually oriented uses. Based on these reports, the city council finds that adult uses can cause or are associated with adverse secondary effects upon preexisting land uses. a. In City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51, 106 S. Ct. 925, 931, 89 L.Ed.2d 29 (1986), the U.S. Supreme Court found that a city may rely on the experience of other cities to determine whether certain businesses have adverse secondary effects. § 4-144BUSINESSES CD4:37 b. In ILQ Investments, Inc. v. City of Rochester, 25 F3d 1413 (8th Cir. 1994), the court found that it was permissible for the City of Rochester to rely on studies conducted in Indianapolis, St. Paul and Phoenix. (4) The city council finds, based upon the reports and studies cited in this section, that sexually oriented businesses may result in secondary effects upon certain preexisting land uses within the city. (5) The city council finds the risk of public health and safety problems can be significantly reduced by careful regulation of sexually oriented businesses. (Prior Code, § 1124.100) Sec. 4-145. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sexually oriented business means any business in which a sexually oriented use comprises more than five percent of the floor area of the establishment in which it is located or comprises more than ten percent of the gross receipts of the entire business operation. Sexually oriented materials means any materials depicting a specified anatomical area or specified sexual activity. Specified anatomical area means less than completely or opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activity means an act of any or all of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, and zooerasty; (2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; (5) Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or the physical restraint of any such persons; § 4-144 PRIOR LAKE CODE CD4:38 (6) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or (7) Human excretion, urination, masturbation, vaginal or anal irrigation. (Prior Code, § 1124.200) Sec. 4-146. Sexually oriented use. A sexually oriented use is any of the following described activities or businesses: (1) Body painting studio. An establishment or business which provides the service of applying paints or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas. (2) Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, video tapes or motion picture films if such building or portion of a building is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas. (3) Cabaret. A building or portion of a building used for providing dancing or other live entertainment if such building or portion of a building excludes minors by virtue of age, and if such dancing or other live entertainment is distinguished and character- ized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas. (4) Companionship establishment. A companionship establishment which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (5) Conversation/rap parlor. A conversation/rap parlor which excludes minors by reason of age and which provides the service of engaging in or listening to conversation, talk or discussion if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (6) Health/sport club. A health/sport club which excludes minors by reason of age if such club is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (7) Hotel or motel. A hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. § 4-146BUSINESSES CD4:39 (8) Massage parlor/health club. A massage parlor or health club which restricts minors by reason of age and which provides services of massage if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (9) Mini motion picture theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (10) Modeling studio. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing the sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers. (11) Motion picture arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. (12) Motion picture theater. A building or portion of a building with a capacity of more than 50 persons used for presenting material where such building or portion of a building, as a prevailing practice, excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observations by patrons therein. (13) Novelty business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimula- tion. (14) Sauna. A sauna which excludes minors by reason of age and which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (15) Steamroom/bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and § 4-146 PRIOR LAKE CODE CD4:40 if the service provided by the steamroom/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas. (Prior Code, § 1124.300) Sec. 4-147. Conditional use. (a) Sexually oriented businesses are conditional uses in the TC, C-2, and I-1 zoning districts, subject to all applicable provisions of chapter 10, including, but not limited to, the performance standards and procedures in articles V and VI of said chapter 10 and the following conditions: (1) No person shall operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed in this subsection (a)(1). Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property line of the two uses. The distance requirement applies to the following: a. Property developed or zoned for residential uses; or b. Property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution or other public recreational facility. (2) No person shall operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually oriented business. (3) No owner, manager or employee may sell or display for sale any sexually oriented materials except in original unopened packages. (4) No owner, manager or employee of a sexually oriented business shall have been convicted of a sex crime as identified in state law dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. (5) No owner, manager or employee of a sexually oriented business shall allow any sexually oriented materials or entertainment to be used on any sign or window display. (6) No owner, manager or employee of a sexually oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by this Code or state or federal law. Nothing in this article shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified materials to minors. § 4-147BUSINESSES CD4:41 (7) The owner, manager and employee shall ensure that no person under 18 years of age enters the premises. (8) No owner, manager or employee shall allow any sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business. (9) No owner, manager or employee shall allow any person under 18 years of age to have access to sexually oriented materials, whether by sight, purchase, touch or any other means. (10) Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of two inches high. (11) No business shall exceed 10,000 square feet in gross floor area. (12) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. (13) Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience and shall perform on a platform intended for that purpose which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. (14) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this subsection do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business if such storage rooms or offices are used solely for running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. (15) The business and the owner must be licensed as required by any federal, state or local licensing regulations. (b) Sexually oriented businesses are conditional uses in the A zoning district, subject to all applicable provisions of chapter 10, including, but not limited to, the performance standards and procedures in articles V and VI of said chapter 10 and the following conditions: (1) The use must be located on a separate lot having a minimum area of 40 acres and a minimum width of 500 feet. (2) No person shall operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed in this subsection (b)(2). Distances shall be measured by following § 4-147 PRIOR LAKE CODE CD4:42 a straight line, without regard to intervening structures or objects, between the closest points on the property lines of two uses. The distance requirement applies to the following: a. Property developed or zoned for residential uses; or b. Property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution, or other public recreational facility. (3) No person shall operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually oriented business. (4) No owner, manager or employee of a sexually oriented business shall have been convicted of a sex crime as identified in state law dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. (5) No owner, manager or employee of a sexually oriented business shall allow any sexually oriented materials except in original unopened packages. (6) No owner, manager or employee of a sexually oriented business shall allow any sexually oriented materials or entertainment to be used on any sign or window display. (7) No owner, manager, or employee of a sexually oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by this Code or state or federal law. Nothing in this article shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified materials to minors. (8) The owner, manager and employee shall ensure that no person under 18 years of age enters the premises. (9) No owner, manager or employee shall allow any sexually oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business. (10) No owner, manager or employee shall allow any person under 18 years of age to have access to sexually oriented materials, whether by sight, purchase, touch or any other means. (11) Each business shall display a sign on its main entrance door which reads: "This business sells sexually oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of two inches high. (12) No business shall exceed 10,000 square feet in gross floor area. § 4-147BUSINESSES CD4:43 (13) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. (14) Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience and shall perform on a platform intended for that purpose which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. (15) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this subsection do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business if such storage rooms or offices are used solely for running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. (16) The business and the owner must be licensed as required by any federal, state or local licensing regulations. (Prior Code, § 1124.400) Secs. 4-148—4-177. Reserved. ARTICLE VI. LAWFUL GAMBLING Sec. 4-178. Purpose; adoption of state law. (a) State regulations for the conduct of lawful gambling are contained in Minn. Stats. ch. 349. Pursuant to the provisions of that chapter, the city may altogether prohibit lawful gambling within the boundaries of its jurisdiction or the city may provide for more stringent local regulations pertaining to lawful gambling. (b) The city recognizes that the proceeds organizations derive from their lawful gambling activities can provide a benefit to the city and its residents. The city also recognizes that excessive expenditure of personal resources on lawful gambling can have a deleterious effect on individuals and families. It is the purpose of this article to regulate lawful gambling activities within the city. (c) Minn. Stats. ch. 349 is incorporated by reference as though fully set forth in this section, and its provisions are intended to supplement the regulations contained in this article. (Prior Code, § 305.100) § 4-147 PRIOR LAKE CODE CD4:44 Sec. 4-179. Gambling activity authorized; license and permit required. There shall be no gambling in the city except as authorized in Minn. Stats. ch. 349, this article, state rules and rules adopted pursuant to this article, and all other applicable state and federal law and regulations. No person may conduct gambling within the city without first either: (1) Securing a gambling license and a premises permit from the state gambling control board with a resolution from the city council approving the premises permit; or (2) Securing an exempt or excluded permit from the state gambling control board with approval from the city clerk. (Prior Code, § 305.300) Sec. 4-180. Premises permit. (a) Application. In order to obtain city council approval of a premises permit, an organization shall file an application with the city clerk. The application shall include all of the following: (1) An executed, complete duplicate of the application filed with the state gambling control board, including all exhibits and accompanying documents; (2) Any additional information requested by the city; and (3) The application fee set forth in the city fee schedule. The application shall be filed with the city clerk no later than three days after the application for the premises permit has been filed with the state gambling control board. (b) Background check. In order to protect the health, safety and welfare of the public, the city police department is authorized to conduct a criminal history background investigation or driver's license check on all persons who have applied for a premises permit. The results of the criminal history background investigation or driver's license check may be cause for denial of the license at the sole discretion of the city. (c) City investigation fee. Organizations applying for a premises permit shall pay an investigation fee in the amount provided in the city fee schedule. This fee shall accompany the application and shall reimburse the city for its costs incident to investigation, inspection and enforcement related to the premises permit. (d) Organization criteria. No premises permit shall be approved by the city unless the organization qualifies under Minn. Stats. § 349.16, subd. 2; the organization has at least 25 active dues-paying members; and the organization has either been duly incorporated in the state as a nonprofit organization for the most recent five years or has been recognized by the internal revenue service as exempt from income taxation for the most recent three years. § 4-180BUSINESSES CD4:45 (e) Premises criteria. The city shall approve a premises permit only for the organization's hall where it conducts its regular meetings or for a licensed on-sale liquor, wine or beer establishment. No location within the city may have more than one premises permit approved. No premises permit shall be approved by the city unless the premises complies with the applicable zoning, building, fire and health codes of the city. (f) Approval or denial. Each pending application for a premises permit shall be approved or denied by a resolution of the city council within 60 days of receipt of a completed application. It is within the sole discretion of the city to determine whether an application is complete. (g) Notification of changes. An organization holding a premises permit must notify the city in writing within ten days whenever any material change is made in the information provided with the application. The information shall be forwarded to the police chief. (Prior Code, § 305.400; Ord. No. 111-01, 1-1-2011) Sec. 4-181. Exempt or excluded permit. (a) Application requirements. In order to obtain city clerk approval of an exempt or excluded permit, an organization shall file an application with the city clerk. The application shall include all of the following: (1) An executed, complete duplicate of the application filed with the state gambling control board, including all exhibits and accompanying documents; (2) Any additional information requested by the city; and (3) The application fee set forth in the city fee schedule. The application shall be filed with the city clerk no later than three days after the application for the exempt or excluded permit has been filed with the state gambling control board. (b) Approval or denial. Each pending application for an exempt or excluded permit shall be approved or denied by the city clerk within 15 days of receipt of a completed application. It is within the sole discretion of the city to determine whether an application is complete. (c) Notification of changes. An organization holding an exempt or excluded permit must notify the city in writing within ten days whenever any material change is made in the information provided with the application. The information shall be forwarded to the police chief. (Prior Code, § 305.500) Sec. 4-182. Inspection. All gambling within the city occurring subject to a premises exempt or excluded permit shall be open to the inspection of the city and the county sheriff's department. The city or § 4-180 PRIOR LAKE CODE CD4:46 county sheriff's department may inspect, at any reasonable time without notice or a search warrant, the premises or all records of a licensed organization required to be maintained by the state gambling control board. (Prior Code, § 305.600) Sec. 4-183. Penalties. It shall be a misdemeanor to carry on any gambling activity in violation of this article. Each day shall constitute a new violation. Nothing in this article shall preclude the city from enforcing this article by means of any appropriate legal action. Additionally, a violation of this article shall be reported to the state gambling control board and a recommendation shall be made for suspension, revocation or cancellation of an organization's license or permit. (Prior Code, § 305.700) Sec. 4-184. Enforcement responsibility. Nothing in this article shall be construed to require the city to undertake any responsibility for enforcing compliance with Minn. Stats. ch. 349 other than those provisions related to the issuance of premises permits as required by Minn. Stats. § 349.213. (Prior Code, § 305.800; Ord. No. 119-06, 6-8-2019) Secs. 4-185—4-206. Reserved. ARTICLE VII. CABLE TELEVISION PROVIDERS Sec. 4-207. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicable laws means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority. Cable service or service means: (1) The one-way transmission to subscribers of video programming or other program- ming service; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. The term "cable service" or "service" as defined herein shall not be inconsistent with the definition set forth in 47 USC 522(6). § 4-207BUSINESSES CD4:47 Cable system or system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term "cable system" or "system" does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) A facility that serves subscribers without using any public right-of-way; (3) A facility of common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 USC 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) An open video system that complies with 47 USC 573; or (5) Any facilities of any electric utility used solely for operating its electric utility systems. Public way means the area on, below, or above any real property in the city in which the city has an interest, including, but not limited to, any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of the city, including dedicated rights-of-way for travel purposes and utility and drainage easements. (Prior Code, § 306.100) Sec. 4-208. Franchise required. It shall be unlawful for any person other than the city, unless specifically required by applicable laws, to construct, install or operate a cable system in the city in, on, over, under, upon, along or across any public way without a franchise. (Prior Code, § 306.200; Ord. No. 115-10, 4-4-2015) Secs. 4-209—4-239. Reserved. ARTICLE VIII. PUBLIC AND PRIVATE GATHERINGS Sec. 4-240. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Gathering means a planned occasion or activity where two or more individuals are assembled for a common purpose. Premises means the property or facilities used for the gathering. § 4-207 PRIOR LAKE CODE CD4:48 Private property means all property and facilities that are not public property. The term "public property" includes all property and facilities owned, leased, or controlled by the city. Sound amplification means increasing the amplitude of the signal of a sound by electronic means and includes the use of microphones or speakers. Sponsor means the person who finances and is responsible for a gathering. (Prior Code, § 307.100) Sec. 4-241. Permits required. (a) Gathering permit. No outdoor gathering on public or private property where at least 50 individuals are gathered and sound amplification is used may be held within the city without a gathering permit under this article, except as follows: (1) A gathering permit is not required if the gathering is a community event as defined in article XIII of this chapter. (2) A gathering permit is not required for funerals and funeral processions. (3) A gathering permit is not required for the use of announcing equipment for a sporting event unless the sporting event will exceed four hours in length. (4) A gathering permit is not required for a restaurant located in a town center, commercial or industrial zoning district to play outdoor amplified dinner music, live or otherwise (dinner music), if played in compliance with the following conditions: a. Dinner music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday; b. Dinner music may only be played 20 days per year; c. Dinner music shall not exceed a decibel level of 65 decibels as measured at any lot line of the property on which the gathering is held (as the terms "lot line" and "property" are defined in section 10-50); and d. Dinner music is subject to the public nuisance provisions of chapter 5, article IV. All gathering permits shall be subject to sections 4-242 through 4-249. (b) Rental permit. No gathering may be held on public property within the city without a rental permit under this article, except as follows: No rental permit shall be required if the gathering is a community event as defined in this section or if the gathering is subject to a gathering permit under this article. All rental permits shall be subject to section 4-250. (Prior Code, § 307.200) Sec. 4-242. Permit fees and costs. The sponsor shall be responsible for all fees and costs related to the gathering. (1) Application fee. An application fee shall be submitted to the city along with the completed application. The application fee shall be in the amount set forth in the city fee schedule for the year in which the application is submitted. § 4-242BUSINESSES CD4:49 (2) Facility usage fee. If a gathering occurs on public property, a facility usage fee shall be submitted to the city with the completed application. The facility usage fee shall be in the amount set forth in the city fee schedule for the year in which the permit is issued. (3) City costs. The sponsor shall be responsible for all costs incurred by the city in relation to the gathering, including any damage that may occur as a result of the gathering. The costs may include, but are not limited to, the following: a. Use of city equipment; b. Repair and restoration for any damage to public or private property; and c. Additional police or fire protection or other city services. (4) Deposit. The city may require the payment of a deposit for a gathering as follows: a. If such a deposit is required, the sponsor shall deposit with the city a cash escrow for the costs incurred by the city in conjunction with the gathering (costs). b. The cash escrow shall be deposited with the city after the gathering permit has been approved but prior to its issuance. The city shall deduct from the escrow all costs actually incurred. c. Any portion of the escrow not retained by the city shall be returned to the sponsor within 60 days of the completion of the gathering. d. The amount of the escrow shall be set by the city based upon an estimate of the costs to be incurred by the city and the damage that may occur. The estimate is only an estimate and does not limit the responsibility of the sponsor to pay all costs incurred by the city. e. If the costs exceed the escrow the city may, at any time, require that additional funds be paid into the escrow. Regardless of whether additional funds are paid into the escrow, if the costs exceed the escrow after the gathering is complete, the city shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. (Prior Code, § 307.300) Sec. 4-243. Permit application. (a) Requirements. A complete application shall be submitted to the city on a form supplied by the city at least 30 days prior to the gathering. The city may, in its discretion, accept an application that is not submitted at least 30 days prior to the gathering. The application shall: (1) Identify the property where the gathering is to occur; (2) Include consent by the owner for use of private property or a request to use public property; (3) Include all other information requested by the city; and § 4-242 PRIOR LAKE CODE CD4:50 (4) Be accompanied by an application fee and a facility usage fee if applicable. (b) Issuance. The city manager or designee may approve or deny the gathering permit. (c) Grounds for denial. A gathering permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare, including, but not limited to, the following: (1) The type of gathering is not permitted by zoning or other law, statute, rule or regulation. (2) The location of the gathering would cause undue hardship for adjacent businesses or residents. (3) Another gathering has already been approved at the same time requested by the sponsor or so close in time as to cause traffic congestion or to create a situation where the city is unable to meet the needs to provide for law enforcement and other city services for both gatherings. (4) The gathering is of a size or nature that requires the diversion of too many public safety officers to properly serve the gathering site and contiguous areas, or allowing the gathering would unreasonably deny public safety protection to the remainder of the city and its residents. (5) The time, route, hours, location or size of the gathering could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. (6) The location of the gathering will interfere with previously scheduled construction or maintenance work. (7) Failure to provide a completed application and fees or providing false or misleading information. (8) The sponsor fails to agree to abide by or comply with all of the conditions and terms of the gathering permit and this article. (9) The gathering would seriously inconvenience the general public's use of public property, services, or facilities. (10) The gathering would create or constitute a public nuisance. (11) The gathering could cause significant damage to public property or facilities. (12) The gathering is contrary to the promotion of health, safety, and welfare of the city. (13) The gathering would engage in or encourage participants to engage in illegal acts. (14) The sponsor is a minor at the time of the gathering. (15) The sponsor hosted a previous gathering that violated this article. (16) The sponsor has delinquent fees, charges or other outstanding financial claims with the city. § 4-243BUSINESSES CD4:51 (d) Appeal of denial. Any sponsor aggrieved by a decision of the city manager's designee in relation to issuance of a gathering permit may appeal the decision to the city manager. Such appeal shall be taken by filing with the city manager, within ten days after the date of the decision, a written statement requesting a hearing before the city manager and fully setting forth the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five days prior to the date set for the hearing. (Prior Code, § 307.400) Sec. 4-244. Permit conditions. The city may attach such reasonable conditions to the gathering permit as are deemed necessary to protect the public health, safety and welfare, including, but not limited to, the following: (1) Location and hours during which the gathering may be held. (2) Sanitation/availability of potable water. (3) Security/crowd management. (4) Parking and traffic issues. (5) Emergency gathering notification and evacuation plan. (6) Cleanup of premises and surrounding area/trash disposal. (7) Lighting. (8) Fire service/safety. (9) Temporary construction, barricades/fencing. (10) Removal of advertising/promotional materials. (11) Noise levels. (12) Alcohol consumption. (13) Notification of surrounding businesses/property owners regarding street closures and gathering-related restrictions. (14) Any other conditions which the city deems necessary. (Prior Code, § 307.500) Sec. 4-245. Additional requirements. (a) Rules and regulations. All gatherings are subject to all applicable federal, state and local laws, rules and regulations. (b) Permits/licenses/approvals. The sponsor shall obtain all permits, licenses or approv- als required by all applicable federal, state and local laws, rules and regulations for the gathering, including, but not limited to, liquor licenses and electrical permits. § 4-243 PRIOR LAKE CODE CD4:52 (c) Maintenance of property. The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the gathering; and provide adequate portable toilets if needed. The sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for collection of recyclables. The sponsor shall be responsible for the repair of any damages to any private or public property resulting from the gathering. (d) Street closures. Street closures must be approved by the city manager or his/her designee in advance. Considerations in determining whether to approve a street closure shall include, but not be limited to, effects on public safety, effects on traffic, duration and frequency of closures, other gatherings already permitted, and effect on city services or work. (e) Noise. In no circumstances shall the gathering exceed a noise level of 65 decibels as measured at any lot line of the property on which the gathering is held (as the terms "lot line" and "property" are defined in section 10-50). (f) Notice. The city may require written notification of neighboring property owners or tenants. If such notice is required, it shall be provided to all properties within 500 feet of each lot line of the property on which the gathering is held (as the terms "lot line" and "property" are defined in section 10-50) and shall include the name of the gathering, the name of the sponsor, the date, time and hours of the gathering, and the name and phone number for a contact person who will be available at the time of the gathering. (Prior Code, § 307.600) Sec. 4-246. Responsibility of sponsor. The sponsor shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the gathering permit or any federal, state or local law, rule or regulation. (Prior Code, § 307.700) Sec. 4-247. Violations or complaints. Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to a gathering may be grounds for denial of future gathering permits. (Prior Code, § 307.800) Sec. 4-248. Permit enforcement. Any violation of this article or of a gathering permit issued pursuant to this article is subject to enforcement by any or all of the following: (1) If it is a violation that affects the public health, safety and welfare, it is declared a public nuisance and is subject to all of the enforcement provisions of chapter 5, article IV. (2) Any violation is grounds for revoking the gathering permit or denying future applications for a gathering permit. § 4-248BUSINESSES CD4:53 (3) Any violation shall constitute a misdemeanor and may be prosecuted as such. (4) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. (Prior Code, § 307.900) Sec. 4-249. Permit revocation. (a) The police chief may revoke a permit by written notice to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and, if the gathering has not completed, it shall immediately cease operations. The notice shall inform the sponsor of the right to appeal the decision to the city manager. (b) Any sponsor aggrieved by the revocation may appeal to the city manager. Such appeal shall be taken by filing with the city manager, within ten days after the date of issuance of the written revocation notice, a written statement requesting a hearing before the city manager and fully setting forth the grounds for the appeal. The city manager may, in his or her sole discretion, stay the revocation of the gathering permit pending the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five days prior to the date set for the hearing. (Prior Code, § 307.1000) Sec. 4-250. Rental permits. (a) Application and issuance. A complete application shall be submitted to the city on a form supplied by the city. The city manager or designee may approve or deny the rental permit. A rental permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare, including, but not limited to, the facts and circumstances identified for the denial of a gathering permit as set forth in section 4-243(c). (b) Fees and costs. (1) The permit holder shall be responsible for payment of all fees imposed in relation to the use of the public property and the rental permit. The fees shall be set forth in the city fee schedule and may include, but are not limited to, an application fee and a facility usage fee. (2) The permit holder shall be responsible for payment of all costs incurred by the city in relation to the gathering, including any damage that may occur as a result of the gathering. The costs may include, but are not limited to, the use of city equipment, repair and restoration for any damage to public or private property, and additional police or fire protection or other city services. The city may require a deposit for costs incurred by the city. If a deposit is required, it shall be administered in the same manner as a deposit for a gathering permit as set forth in section 4-242(4). § 4-248 PRIOR LAKE CODE CD4:54 (c) Denial or revocation. A rental permit may be denied or revoked in the same manner as a gathering permit as set forth in sections 4-243(c) and 4-249. A denial or revocation may be appealed in the same manner as a gathering permit as set forth in subsections 4-243(d) and 4-249. (d) Conditions. A rental permit may be conditioned in the same manner as a gathering permit as set forth in section 4-244. (e) Additional requirements. A rental permit is subject to all additional requirements that a gathering permit is subject to as set forth in section 4-245. (f) Rules and regulations. All gatherings are subject to all applicable federal, state and local laws, rules and regulations. The permit holder shall obtain all permits, licenses or approvals required by all applicable federal, state and local laws, rules and regulations for the gathering, including, but not limited to, liquor licenses and electrical permits. (g) Responsibility of permit holder. The permit holder shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the rental permit or any federal, state or local law, rule or regulation. (h) Enforcement. Any violation of this section or of a rental permit issued pursuant to this section is subject to enforcement by any or all of the following: (1) If it is a violation that affects the public health, safety and welfare, it is declared a public nuisance and is subject to all of the enforcement provisions of chapter 5, article IV. (2) Any violation is grounds for revoking the rental permit or denying future applica- tions for a rental permit. (3) Any violation shall constitute a misdemeanor and may be prosecuted as such. (4) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. (Prior Code, § 307.1100; Ord. No. 002-13, 7-20-2002; Ord. No. 116-24, 12-17-2016) Secs. 4-251—4-278. Reserved. ARTICLE IX. TOBACCO AND OTHER SMOKING-RELATED PRODUCTS Sec. 4-279. Provisions of state law adopted. The provisions of Minn. Stats. ch. 461, relating to the sales of tobacco, tobacco-related and electronic delivery devices; and nicotine and lobelia products, are adopted and made a part of this article as if fully set forth. The provisions of the adopted statute chapter shall govern except where the provisions of this article are more restrictive. (Prior Code, § 308.200) § 4-279BUSINESSES CD4:55 Sec. 4-280. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this article. Compliance checks involve the use of persons under 21 years of age who purchase or attempt to purchase licensed products. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. Electronic delivery device has the meaning provided in Minn. Stats. § 609.685, subd. 1(c). Flavored product means any licensed product that contains a taste or smell, other than the taste or smell of tobacco or menthol, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. Licensed products collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. Moveable place of business means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transac- tions. Nicotine or lobelia delivery product has the meaning provided in Minn. Stats. § 461.12, adopted in section 4-279. Retail establishment means any place of business where licensed products are available for sale to the general public. The term "retail establishment" includes, but is not limited to, grocery stores, tobacco products shops, convenience stores, liquor stores, gasoline service stations, bars, and restaurants. Sale or sell means any transfer of goods for money, trade, barter or other consideration. The term "sale" or "sell" includes, but is not limited to, any keeping or offering for sale, furnishing or dispensing. Self-service display means the open display of licensed products in a retail establishment in any manner where any person has access to the licensed products without the assistance § 4-280 PRIOR LAKE CODE CD4:56 or intervention of the licensee or the licensee's employee and where a physical exchange of the licensed product from the licensee or the licensee's employee to the customer is not required in order to access the licensed products. Tobacco has the meaning provided in Minn. Stats. § 609.685, subd. 1(a). Tobacco-related device has the meaning provided in Minn. Stats. § 609.685, subd. 1(b). Vending machine means any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase the licensed product. (Prior Code, § 308.300) Sec. 4-281. License. (a) Required. No person shall sell or offer to sell any licensed product in the city without first having obtained a license to do so from the city pursuant to this section. (b) Application. An application for a license to sell licensed products must be made on a form provided by the city. The application must contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, the educational materials the applicant intends to use to educate employees and any additional information the city deems necessary. Upon receipt of a completed application and license fee, the city clerk will forward the application to the city council for action. If the city clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. (c) Background check. In order to protect the health, safety and welfare of the public, the city police department is authorized to conduct a criminal history background investigation or driver's license check on all persons who have applied for, or who will sell a licensed product. The results of the criminal history background investigation or driver's license check may be cause for denial of the license at the sole discretion of the city council. (d) Action. The city council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the city council approves the application, the city clerk will issue the license to the applicant. If the city council denies the application, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the decision. (e) Term. All licenses issued are valid for one calendar year from January 1 to December 31. (f) Denial. Any application may be denied pursuant to the grounds set forth in section 4-283. (g) Revocation or suspension. Any license issued may be suspended or revoked following the procedures set forth in section 4-289. § 4-281BUSINESSES CD4:57 (h) Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited without prior written approval of the city council. (i) Display. All licenses must be posted and displayed at all times in plain view of the general public in the retail establishment and shall be exhibited to any person upon request. (j) Renewals. The renewal of a license issued under this article will be handled in the same manner as the original application on a form provided by the city and accompanied by the license fee. The request for a renewal must be made at least 45 days, but no more than 60 days, before the expiration of the current license. A late fee of $50.00 will be imposed on any person who fails to submit a timely renewal application. (k) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the licensee to an automatic renewal of the license. (l) Instructional program. Licensees must complete and ensure that all employees complete a training program on the legal requirements related to the sale of licensed products and the possible consequences of license violations. No person shall be issued a license or renewal license to sell licensed products without a city-approved instructional program and a signed statement attesting that each existing employee of the retail establishment has received the required training. Licensees must maintain documentation demonstrating their compliance and must provide this documentation to the city at the time of renewal, and whenever requested to do so during the license term. (m) Minimum clerk age. Individuals employed by a licensed retail establishment under this article must be at least 18 years of age to sell licensed products. (Prior Code, § 308.400) Sec. 4-282. Fees. No license will be issued or renewed under this article until the appropriate license fees are paid in full. The fees will be established by the city's fee schedule. License fees are not prorated. (Prior Code, § 308.500) Sec. 4-283. Grounds for denial of license. (a) Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. (3) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. § 4-281 PRIOR LAKE CODE CD4:58 (4) The applicant fails to provide any of the information required on the licensing application or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. (6) The applicant has outstanding fines, penalties or property taxes owed to the city. (7) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments are eligible to be licensed. (b) If a license is mistakenly issued or renewed, the city clerk shall revoke the license upon the discovery that the person or retail establishment was ineligible for the license under this article. The city will provide the licensee with notice of the revocation, along with information on the right to appeal. (Prior Code, § 308.600) Sec. 4-284. Prohibited sales. (a) Generally. No person shall sell or offer to sell any licensed product: (1) By means of any type of vending machine. (2) By means of self-service display. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. Any retailer selling licensed products at the time the ordinance from which this section is derived was adopted must comply with this provision within 90 days of the effective date of said ordinance. A licensee who operates an establishment that sells only licensed products is exempt from the self-service display prohibition provided the licensee prohibits anyone under 21 years of age from entering the retail establishment and the licensee conspicuously displays a notice prohibiting persons under 21 years of age from entering the retail establishment. (3) By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation. (b) Legal age. No person shall sell any licensed product to any person under 21 years of age. (1) Age verification. Licensees must verify by means of government-issued photographic identification containing the bearer's date of birth that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30 years. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted prominently and in plain view at all § 4-284BUSINESSES CD4:59 times at each location where licensed products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (c) Flavored electronic delivery device. No person shall sell or offer for sale any electronic delivery device that constitutes a flavored product. (Prior Code, § 308.700) Sec. 4-285. Responsibility. All licensees are responsible for the actions of their employees and agents regarding the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. (Prior Code, § 308.800) Sec. 4-286. Compliance checks and inspections. All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the city will conduct compliance checks. In accordance with state law, the city will conduct a compliance check that involves the participation of a person at least 17 years of age, but under 21 years of age to enter the licensed premises to attempt to purchase licensed products. Prior written consent from a parent or guardian is required for any person under 18 years of age to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. (Prior Code, § 308.900) Sec. 4-287. Exceptions and defenses. (a) Religious, spiritual, or cultural ceremonies or practices. Nothing in this article prevents the provision of tobacco or tobacco-related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. (b) Reasonable reliance. It is an affirmative defense to a violation of this article for a person to have reasonably relied on proof of age as described by state law. (Prior Code, § 308.1000) Sec. 4-288. Violations and penalties. (a) Generally. Any failure to comply with this article or applicable state or federal law constitutes a violation of this article. The penalty imposed shall be as set forth in this section unless a higher penalty is set forth by applicable state or federal law, in which case the higher penalty shall apply. A civil penalty, revocation, or suspension may be pursued and imposed regardless of any criminal adjudication. § 4-284 PRIOR LAKE CODE CD4:60 (b) Penalties for sales and furnishing violations for licensees. If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under 21 years of age, or violates any other provision of this article, the licensee shall be charged an administrative penalty of: (1) $300.00 for the first violation; (2) $600.00 for a second violation at the same location within 36 months after the initial violation; and (3) $1,000.00 for a third and any subsequent violation at the same location within 36 months after the initial violation. In addition: a. The licensee's authority to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location shall be suspended for not less than seven days and may be revoked. b. No suspension, revocation, or other penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. c. A decision that a violation has occurred must be in writing. (c) Penalties for sales and furnishing violations for individuals other than licensees. An individual who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under 21 years of age may be charged an administrative penalty of $50.00. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. (Prior Code, § 308.1100) Sec. 4-289. Process for denial, administrative penalty, suspension and revocation. The following procedures shall apply to imposition of an administrative penalty and to denial, suspension and revocation of a license: (1) Notice. The city manager shall send written notice of a license denial, administrative penalty, suspension or revocation to the licensee. The notice shall identify the basis for the decision, any applicable penalty and the person's right to request a hearing as described in subsection (2) of this section. (2) Hearing request. Upon issuance of a notice, a person denied a license or accused of violating this article may request in writing a hearing on the matter before the city council. Hearing requests must be made within ten business days of the issuance of the notice and delivered to the city clerk or other designated city officer. Failure to properly request a hearing within ten business days of the issuance of the notice will terminate the person's right to a hearing. § 4-289BUSINESSES CD4:61 (3) Hearing. The city clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the person who requested a hearing at least ten business days prior to the hearing. (4) Decision. A decision will be issued by the city council within 15 business days of the hearing. If the city council determines that a license denial is appropriate or that a violation of this article did occur, that decision, along with the city council's reasons for the finding and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the person who requested the hearing by in-person delivery or mail as soon as practicable. If the city council finds that license denial is not appropriate or that no violation occurred or finds grounds for imposing a different penalty or not imposing any penalty, those findings will be recorded and a copy will be provided to the person who requested the hearing by in-person delivery or mail as soon as practicable. The decision of the city council is final subject to appeal to the district court as set forth in subsection (6) of this section. (5) Costs. If the violation is upheld, the city's actual expenses in holding the hearing up to a maximum of $1,000.00 must be paid by the person requesting the hearing. (6) Appeals. Appeals of any decision made by the city council must be filed in county district court within ten business days of the date of the decision. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (Prior Code, § 308.1200; Ord. No. 121-03, 4-5-2021) Secs. 4-290—4-311. Reserved. ARTICLE X. SIDEWALK EATING AREAS Sec. 4-312. Purpose. The purpose of this article is to regulate the conditions under which a merchant in the C-3 (town center) business district may request and receive a permit to vend food or non- alcoholic beverages for consumption at tables placed in a designated area on a public sidewalk. The city council is aware that the public sidewalk is intended for the orderly passage of pedestrians in the downtown area and that any conflict between users of the sidewalk and sidewalk eating areas is undesirable. (Prior Code, § 310.100) Sec. 4-313. Permit required. An establishment which is licensed by the state department of health to sell food on its premises may apply to the city for a special permit, heretofore known as a sidewalk eating permit, to conduct a portion of such licensed business on a sidewalk. A permit shall be valid for one year from the date of issuance. (Prior Code, § 310.200) § 4-289 PRIOR LAKE CODE CD4:62 Sec. 4-314. Restrictions and requirements. (a) A permit issued pursuant to this article shall designate the area where eating will be offered. No sale or service shall be permitted on any portion of the sidewalk not designated in the permit or on any portion of the street designated for vehicular travel. (b) A permit shall not be construed as authorizing the permanent installation of any seating or other articles in the designated area of the sidewalk. (c) No tables, chairs, furnishings or other equipment shall be permitted in the designated area at any time during which the merchant's business is not open and operating. (d) No permit shall be valid in any location where the same is prohibited, now or in the future, by state law or this article. (e) Sidewalks adjacent to the merchant's establishment (building to street) shall be swept and washed daily by the permit holder. Trash shall be disposed of and electricity provided from within the establishment. (f) Permits will define the designated area which will limit tables and chairs to placement immediately adjacent to the eating establishment, provided that a five-foot width of sidewalk remains for pedestrians. (g) No permit will be issued to any establishment holding an on-sale liquor, wine or beer license. (h) The permit for the use of a designated area of a public sidewalk as a sidewalk eating area shall not be an exclusive use. All public improvements, including, but not limited to, trees, light poles, planters, traffic signals, refuse containers, benches or any other public- initiated maintenance procedure shall take precedence over the sidewalk eating area use at all times. A permittee may not use the designated area during any city-sponsored events without permission of the city manager. The city manager shall determine whether the encumbrance of the designated area of the public sidewalk designated by the permit interferes with the city-sponsored function and, if so, the designated area shall not be used by the permittee during the period. (i) No vending machines of any sort may be operated on a public sidewalk. (Prior Code, § 310.300) Sec. 4-315. Permit procedure. (a) An applicant for a permit under this article shall file an application on forms provided by the city. (b) The permit application shall include a scaled diagram, including, but not limited to, the dimension of the sidewalk, eating area, position of tables, fixtures or anything else to be placed upon the sidewalks, including the width of the sidewalk remaining for pedestrian movement to access, egress and walk by the designated area on each public sidewalk face of the building. § 4-315BUSINESSES CD4:63 (c) The application and diagram will be referred to the community development, engineering, police and fire departments for evaluation, recommendation and any conditions to be included in the permit to protect the public health, safety and welfare. (d) The recommendations of the departments specified in subsection (c) of this section, along with consideration of public health and safety issues, egress, ingress and unobstructed sidewalk width, will be considered in determining whether a permit will be issued. (e) The city manager may impose conditions upon the permit which, in the judgment of the city manager, protect and promote the health, safety and welfare of the public or prevent a nuisance from occurring. Such conditions may include, but are not limited to: (1) Restrictions on hours, days and months of operation. (2) Special sanitation and cleanup procedures. (3) Types of furnishings or fixtures to be used. (4) Restrictions upon audio, video or communication equipment. (5) Lighting, plantings or adornments. (6) Signage. (f) Within 30 days' receipt of a completed application, the city manager shall inform the applicant in writing as to the approval or denial of the permit request. (Prior Code, § 310.400) Sec. 4-316. Insurance. No permit issued pursuant to this article shall be effective until the applicant therefor has filed with the city evidence of insurance insuring the proposed permittee against liabilities imposed by law arising out of ownership, maintenance or operation of such sidewalk eating area in the amount of at least $200,000.00 for the injury or death of one person; $500,000.00 for the injury or death of two persons, and $10,000.00 for damage to property. The city shall be named as additional insured in the policy providing, such insurance and such policy shall further provide that it may not be canceled except upon 30 days' written notice to the city. No permit issued pursuant to this article shall be valid at any time during which the insurance required herein is not in effect and evidence of its continuance is on file with the city. (Prior Code, § 310.500) Sec. 4-317. Permit suspension and revocation. (a) Any permit issued pursuant to this article may be revoked at any time by the city manager when, in the judgment of the city manager, such action is required to protect and promote the public health, safety and welfare. (b) Any permit may be suspended for such period of time during which the city manager, in the manager's judgment, determines adequate grounds exist. § 4-315 PRIOR LAKE CODE CD4:64 (c) Permits issued pursuant to this article are nontransferable. (Prior Code, § 310.600) Sec. 4-318. Appeals. An applicant or permittee may appeal the decision of the city manager to deny, revoke or suspend a permit to the city council in writing within five days of receipt of notice. The city council, following a public hearing, shall affirm, overturn or modify the determination of the city manager. (Prior Code, § 310.700) Sec. 4-319. Permit fee. The annual fee for a permit shall be set forth in the city fee schedule. (Prior Code, § 310.800) Sec. 4-320. No right to subsequent year permit. A permit holder does not acquire any right of any nature or kind to receive a permit or renew an existing permit in a subsequent or successive year. Every application to renew a permit shall be reviewed annually based upon the criteria set forth in this article. In addition to the criteria set forth in this article, the city manager may take past performance of the permit holder and current circumstances into consideration when determining whether to approve, deny, suspend or revoke a permit for an applicant who has previously been granted such a permit. (Prior Code, § 310.900) Secs. 4-321—4-343. Reserved. ARTICLE XI. SIDEWALK SALES Sec. 4-344. Purpose. The purpose of this article is to regulate the conditions under which a merchant in the C-3 (town center) business district may request and receive a permit to sell or display merchandise for sale in a designated area on a public sidewalk. The city council is aware that the public sidewalk is intended for the orderly passage of pedestrians in the downtown area and that any conflict between users of the sidewalk and sidewalk sales is undesirable. (Prior Code, § 311.100) Sec. 4-345. Permit required. A retail establishment in the C-3 (town center) business district may apply to the city for a special permit, heretofore known as a sidewalk sales permit, to conduct a portion of such business on a sidewalk. A permit shall be valid for one year from the date of issuance. (Prior Code, § 311.200) § 4-345BUSINESSES CD4:65 Sec. 4-346. Restrictions and requirements. (a) A permit issued pursuant to this article shall designate the area where merchandise display and sales will be offered. No sale or service shall be permitted on any portion of the sidewalk not designated in the permit or on any portion of the street designated for vehicular travel. (b) A permit shall not be construed as authorizing the permanent installation of any articles in the designated area of the sidewalk. (c) No merchandise, tables, chairs, furnishings or other equipment shall be permitted in the designated area at any time during which the merchant's business is not open and operating. (d) No permit shall be valid in any location where the same is prohibited, now or in the future, by state law or this article. (e) Sidewalks adjacent to the merchant's establishment (building to street) shall be swept and washed daily by the permit holder. Trash shall be disposed of and electricity provided from within the establishment. (f) Permits will define the designated area which will limit the merchandise display and sales to placement immediately adjacent to the establishment, provided that a five-foot width of sidewalk remains for pedestrians. (g) The permit for the use of a designated area of a public sidewalk for sidewalk sales shall not be an exclusive use. All public improvements, including, but not limited to, trees, light poles, planters, traffic signals, refuse containers, benches or any other public-initiated maintenance procedure shall take precedence over the sidewalk sales area use at all times. A permittee may not use the designated area during any city-sponsored events without permission of the city manager. The city manager shall determine whether the encumbrance of the designated area of the public sidewalk designated by the permit interferes with the city-sponsored function and, if so, the designated area shall not be used by the permittee during the period. (Prior Code, § 311.300) Sec. 4-347. Permit procedure. (a) An applicant for a permit under this article shall file an application on forms provided by the city. (b) The permit application shall include a scaled diagram, including, but not limited to, the dimension of the sidewalk, sales and display area, position of tables, fixtures or anything else to be placed upon the sidewalks, including the width of the sidewalk remaining for pedestrian movement to access, egress and walk by the designated area on each public sidewalk face of the building. § 4-346 PRIOR LAKE CODE CD4:66 (c) The application and diagram will be referred to the community development, engineering, police and fire departments for evaluation, recommendation and any conditions to be included in the permit to protect the public health, safety and welfare. (d) The recommendations of the departments specified in subsection (c) of this section, along with consideration of public health and safety issues, egress, ingress and unobstructed sidewalk width, will be considered in determining whether a permit will be issued. (e) The city manager may impose conditions upon the permit which, in the judgment of the city manager, protect and promote the health, safety and welfare of the public or prevent a nuisance from occurring. Such conditions may include, but are not limited to: (1) Restrictions on hours, days and months of operation. (2) Special sanitation and cleanup procedures. (3) Types of furnishings or fixtures to be used. (4) Restrictions upon audio, video or communication equipment. (5) Lighting, plantings or adornments. (6) Signage. (f) Within 30 days' receipt of a completed application, the city manager shall inform the applicant in writing as to the approval or denial of the permit request. (Prior Code, § 311.400) Sec. 4-348. Insurance. No permit issued pursuant to this article shall be effective until the applicant therefor has filed with the city evidence of insurance insuring the proposed permittee against liabilities imposed by law arising out of ownership, maintenance or operation of such sidewalk area in the amount of at least $200,000.00 for the injury or death of one person, $500,000.00 for the injury or death of two persons, and $10,000.00 for damage to property. The city shall be named as additional insured in the policy providing such insurance, and such policy shall further provide that it may not be canceled except upon 30 days' written notice to the city. No permit issued pursuant to this article shall be valid at any time during which the insurance required herein is not in effect and evidence of its continuance is on file with the city. (Prior Code, § 311.500) Sec. 4-349. Permit suspension and revocation. (a) Any permit issued pursuant to this article may be revoked at any time by the city manager when, in the judgment of the city manager, such action is required to protect and promote the public health, safety and welfare. § 4-349BUSINESSES CD4:67 (b) Any permit may be suspended for such period of time during which the city manager, in the manager's judgment, determines adequate grounds exist. The city manager shall set forth in writing the basis and rationale for the revocation or suspension of the permit. (Prior Code, § 311.600) Sec. 4-350. Appeals. An applicant or permittee may appeal the decision of the city manager to deny, revoke or suspend a permit to the city council in writing within five days of receipt of notice. The city council, following a public hearing, shall affirm, overturn or modify the determination of the city manager. (Prior Code, § 311.700) Sec. 4-351. Permit fee. The annual fee for a permit shall be set forth in the city fee schedule. (Prior Code, § 311.800) Sec. 4-352. No right to subsequent year permit. A permit holder does not acquire any right of any nature or kind to receive a permit or renew an existing permit in a subsequent or successive year. Every application to renew a permit shall be reviewed annually based upon the criteria set forth in this article. In addition to the criteria set forth in this article, the city manager may take past performance of the permit holder and current circumstances into consideration when determining whether to approve, deny, suspend or revoke a permit for an applicant who has previously been granted such a permit. (Prior Code, § 311.900) Sec. 4-353. No transfer allowed. Permits issued pursuant to this article are not transferable. (Prior Code, § 311.1000; Ord. No. 105-16, 6-25-2006) Secs. 4-354—4-379. Reserved. ARTICLE XII. SHORT-TERM RENTALS Sec. 4-380. Purpose. The purpose of this article is to ensure that the short-term rental of dwelling units in the city's residential use districts is conducted, operated, and maintained so as not to become a nuisance to the surrounding neighborhood or an influence that fosters blight and deteriora- tion or creates a disincentive to reinvest in the community. (Prior Code, § 315.100) § 4-349 PRIOR LAKE CODE CD4:68 Sec. 4-381. Scope. This article applies to the short-term rental of all dwelling units located in the city's residential use districts. (Prior Code, § 315.200) Sec. 4-382. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bedroom means a habitable room within a single-family dwelling which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen, dining room, or living room. Code enforcement officer means an employee of the city designated as such officer, including all city employees authorized by section 2-2 to issue citations. Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Occupant means any person who occupies a dwelling unit or part of the same. Off-street parking space means an area on the permitted premises or within a building on the permitted premises intended for the use of temporary parking of a motor vehicle which has a means of access to a public street. An area on a private street or easement may be considered an off-street parking space for purposes of this article at the discretion of the city manager only in the following circumstances: (1) The area is dedicated solely for the use of the permitted premises; (2) The area is contiguous to the permitted premises; (3) Confirmation of the dedicated parking is provided to the city and is signed by a person with authority over the private street or easement; and (4) Use of the area for parking will not interfere with the use of the private street or easement. Owner means a person having legal or equitable interest in the dwelling unit or its premises. Permitted premises means the platted lot or part of such lot or unplatted parcel of land on which a dwelling unit permitted as a short-term rental is located. Public waters means any waters as defined in Minn. Stats. § 103G.005, subd. 15. Residential use district means the land use districts identified as such in section 10-132. § 4-382BUSINESSES CD4:69 Short-term rental means the rental or lease of a dwelling unit for a period of at least 60 days but no more than 180 days. The rental or lease of a dwelling unit for less than 60 days is prohibited in all residential use districts. Short-term rental permit means the permit issued by the city for the rental or lease of a dwelling unit for short-term rental. Tenant means any person who is occupying a dwelling unit under any agreement, lease, or contract, whether oral or written, which requires the payment of money as rent for the use of the dwelling unit. Watercraft means any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or usable for carrying and transporting persons on public waters. (Prior Code, § 315.300; Ord. No. 116-19, 9-17-2016) Sec. 4-383. Permit. (a) Required. No person shall undertake the short-term rental of any dwelling unit or advertise such dwelling unit for rental to tenants unless properly permitted as herein provided. (b) Application. A person desiring to undertake or allow the short-term rental of a dwelling unit in one of the city's residential use districts shall apply to the code enforcement officer for a short-term rental permit. The application shall be submitted by the owner. The permit application shall be on a form prescribed by the city and include all required information. (c) Permit fee. Each application shall be accompanied by payment in full of the required permit fee. The annual permit fee shall be determined by the city council and set forth in the city fee schedule. The fee shall not be prorated. (d) Issuance of short-term rental permit. (1) If the code enforcement officer determines that an applicant has met the require- ments for issuance of a short-term rental permit, the code enforcement officer shall issue the applicant a short-term rental permit. (2) If the code enforcement officer determines that an applicant has not met the requirements for issuance of a short-term rental permit, the code enforcement officer shall endorse on such application his/her disapproval and his/her reasons for the same and provide the application and recommendation for denial to the city manager. The city manager may either: a. Deny the application and return the endorsed application to the applicant to notify the applicant that his/her application is denied and that no permit will be issued; or b. Direct the code enforcement officer to issue the applicant a short-term rental permit. § 4-382 PRIOR LAKE CODE CD4:70 (e) Expiration of permit. Except as otherwise provided in this article, all short-term rental permits shall expire annually on December 31 of each year unless suspended or revoked earlier. (f) Renewal of permit. Applications for renewal of an existing short-term rental permit shall be made at least 60 days prior to the expiration of the current short-term rental permit. All such applications shall be submitted to the code enforcement officer on forms provided by the city and shall be accompanied by the required fee. (g) Permit not transferable. No short-term rental permit shall be transferable to another person or to another dwelling unit. Every person holding a short-term rental permit shall give notice in writing to the code enforcement officer within five business days after having legally transferred or otherwise disposed of the legal control of any dwelling unit for which a short-term rental permit has been issued. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling unit. (h) Resident agent required. No short-term rental permit shall be issued without the designation of a local agent. The agent must live and work within 30 miles of the dwelling unit. The agent may, but is not required to be, the owner. One person may be the agent for multiple dwelling units. At all times, the agent shall have on file with the code enforcement officer a primary and a secondary phone number as well as a current address. The agent or a representative of the agent shall be available 24 hours a day during all times that the dwelling unit is being rented at the primary or secondary phone number to respond immediately to complaints and contacts relating to the dwelling unit. The code enforcement officer shall be notified in writing within two business days of any change of agent. The agent shall be responsible for the activities of the tenants and maintenance and upkeep of the dwelling unit and shall be authorized and empowered to receive service of notice of violation of the provisions of city ordinances and state law, to receive orders, to institute remedial action to effect such orders, and to accept all service of process pursuant to law. (i) Denial of short-term rental permit. Any applicant aggrieved by the denial of a short-term rental permit or the nonrenewal of an existing permit may appeal to the city council. Such appeal shall be taken by filing with the city manager, within ten days after the date of issuance of the written denial, a written statement requesting a hearing before the city council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant at his/her last known address at least five days prior to the date set for the hearing. (Prior Code, § 315.400) § 4-383BUSINESSES CD4:71 Sec. 4-384. Responsibility of owners. No owner shall undertake or allow the short-term rental of a dwelling unit in a residential use district that does not comply with this Code and state law. It shall be the owner's responsibility to ensure that all tenants, occupants, and guests comply with the following: (1) Maximum overnight occupancy. The number of overnight occupants allowed for a short-term rental shall be limited as set out below. Children under three years of age are not counted toward the limit. a. For lots of one-half acre or more if the livable square footage of the primary building is: 1. Under 1,500 square feet: six occupants. 2. 1,500 square feet to less than 2,000 square feet: eight occupants. 3. 2,000 square feet or more: 12 occupants. b. For lots of less than one-half acre: 1. Under 1,500 square feet: four occupants. 2. 1,500 square feet to less than 2,000 square feet: six occupants. 3. 2,000 square feet or more: eight occupants. (2) Off-street parking. The permitted premises shall contain off-street parking spaces equal in number to the number of bedrooms contained in the dwelling unit. The off-street parking requirement for a short-term rental permit on Twin Island shall be satisfied if: a. The parking requirement in chapter 10 is met for the permitted premises; and b. The number of on-land parking spaces equal in number the number of bedrooms contained in the dwelling unit. (3) Mooring and storage of watercraft. a. No more than two restricted watercraft may be moored at the permitted premises at any one time. Any restricted watercraft moored at the permitted premises must be registered and owned by either the property owner or the current tenant. b. No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises, as prescribed for the relevant zoning district by chapter 10, article III, division 2. (4) Maintenance standards. Every dwelling unit used for short-term rental shall conform to all building and zoning requirements of this Code, conditions of special permits issued by the city, and state law. (5) Rental limit. No dwelling unit shall be rented for a period of less than 60 days. No dwelling unit shall be rented out under more than one lease at a time. § 4-384 PRIOR LAKE CODE CD4:72 (6) Occupants. The agent shall maintain a fully executed lease for all tenants and a list of all current occupants of each dwelling unit. The agent shall make the lease and list available to city staff or law enforcement upon request. In addition, a copy of the fully executed lease shall be kept available at the dwelling unit at all times during the lease term. (Prior Code, § 315.500; Ord. No. 119-10, 11-9-2019; Ord. No. 116-19, 9-17-2016) Sec. 4-385. Disorderly conduct. (a) Prohibited. Disorderly conduct, as defined in section 7-52, is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. (b) Determination of disorderly conduct. (1) A determination that the permitted premises has been used in a disorderly manner as described in subsection (a) of this section shall be made by the code enforcement officer upon evidence to support such a determination. It shall not be necessary that criminal charges are brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse permit action under this article. (2) Upon determination by the code enforcement officer that a permitted premises was used in a disorderly manner as described in subsection (a) of this section, the code enforcement officer shall notify the owner and agent by certified mail of the violation and direct the owner or agent to take appropriate action to prevent further violations. (3) If a second instance of disorderly use of the permitted premises occurs within one year of an incident for which notice in subsection (b)(2) of this section was given, the code enforcement officer shall notify the owner and agent by certified mail of the violation and shall also require the owner and agent to submit within 15 days a written report of the actions taken, and proposed to be taken, by the owner or agent to prevent further disorderly use of the permitted premises. (4) If a third incident of disorderly use of the permitted premises occurs within one year after the second of any two previous instances of disorderly use for which notices were sent to the owner and agent pursuant to this section, the short-term rental permit may be revoked, suspended, or not renewed. An action to revoke, suspend, or not renew a permit under this section shall be initiated by the code enforcement officer in the manner described in section 4-386. (Prior Code, § 315.600) Sec. 4-386. Permit suspension or revocation. (a) Procedure. (1) Every short-term rental permit issued under this article is subject to suspension or revocation by the city manager for any violation of this article or any other ordinance of the city or the law of the state. § 4-386BUSINESSES CD4:73 (2) The code enforcement officer may recommend suspension or revocation of a short-term rental permit to the city manager. The city manager shall review the recommendation and the reasons supporting the recommendation and may suspend or revoke the permit. The city manager shall provide written notice to the owner and agent of the suspension or revocation. The notice shall inform the owner and agent of the right to appeal the decision of the city manager to the city council. (3) Any applicant aggrieved by the suspension or revocation of a short-term rental permit may appeal to the city council. Such appeal shall be taken by filing with the city manager, within ten days after date of issuance of the written suspension or revocation notice, a written statement requesting a hearing before the city council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant at his/her last known address at least five days prior to the date set for the hearing. (b) Effect of suspension or revocation. If a short-term rental permit is suspended or revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling until such time as a valid short-term rental permit is restored by the city. (c) Effect of revocation. No person who has had a permit revoked under this article shall be issued a short-term rental permit for one year from the date of revocation. (Prior Code, § 315.700) Sec. 4-387. Appeal. The decision of the city council to deny, suspend, or revoke a short-term rental permit following a hearing as provided for in section 4-383(i) or 4-386(a) can be appealed by petitioning the state court of appeals by a writ of certiorari. (Prior Code, § 315.800) Sec. 4-388. Posting. (a) Required language. The following language shall be posted at or near the entrance of every short-term rental dwelling unit. The posting shall be printed in a minimum 18-point font. All short term rental of dwelling units shall comply with Chapter 4, Article XII of the Prior Lake Code. These posted regulations are a summary of a portion of the short-term rental regulations and additional posting may be necessary for particular circumstances. For additional information please refer to Chapter 4, Article XII of the Prior Lake Code or contact City Hall. • No person shall undertake the short-term rental of any dwelling unit without a city permit. § 4-386 PRIOR LAKE CODE CD4:74 • A copy of the lease shall be available at the dwelling unit at all times during the lease term. • The property lines of this unit are marked or identified as follows: . • Every permitted premises shall have an agent within 30 miles available during all times the unit is rented, 24 hours a day, at the following phone numbers: or to respond immediately to complaints and contacts relating to the dwelling unit. • The Maximum Overnight Occupancy for this dwelling unit is occupants, not counting children under three years of age. • No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises. • Disorderly conduct is prohibited. All disorderly conduct will be reported to the property's agent and the Prior Lake Police Department. • Increased noise regulations are in place between the hours of 10:00 p.m. and 7:00 a.m. • Littering is prohibited. • Recreational fires are limited. Please check with the city to determine what prohibitions exist for current conditions. • Any violation of Chapter 4, Article XII of the Prior Lake Code shall constitute a misdemeanor. (b) Compliance. If the city has reason to believe that any provisions in this article are not being complied with, the city has the authority to require the submittal of an executed lease or other information needed to establish compliance. (c) Penalty. Any person who undertakes or allows any violation of this article shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or by imprisonment, or both, in accordance with the provisions of state law. (Prior Code, §§ 315.900, 315.1000, 315.1100; Ord. No. 120-01, 5-9-2020) Secs. 4-389—4-419. Reserved. ARTICLE XIII. COMMUNITY EVENTS Sec. 4-420. Findings. (a) The city recognizes the value of community events in building a vibrant and healthy community. The city promotes regular and active use of public property and encourages a wide variety of community events. § 4-420BUSINESSES CD4:75 (b) The purpose of this article is to provide guidance to event organizers, to ensure a safe and successful event, and to ensure that: (1) Approval or denial of community event permits are considered using an open, inclusive, and transparent method based on uniform criteria. (2) Appropriate insurances and licenses are obtained and the city's risk exposure is properly evaluated. (3) Adequate protection of public health, safety and welfare of citizens is provided for. (4) Adequate staffing levels are in place. (c) Community events can often exceed the city's capacity to provide usual city services. Regulations are necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other considerations, the impact of such events on parking and vehicular traffic within the city and expenditure of city funds. All events are subject to all applicable federal, state and local rules and regulations. (Prior Code, § 316.100) Sec. 4-421. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Community event or event means a gathering of at least 25 individuals on city property or in a city facility open to the public, assembled with a common purpose. Community events include, but are not limited to, concerts, fairs, carnivals, circuses, parades, athletic tournaments, flea markets, marathons, walkathons, festivals, races, bicycle events, celebra- tions or any other gathering or events of similar nature. Community events also include the use of any city property or facility for a commercial venture regardless of the number of individuals involved in the project. Premises means the city property or facilities used for the event. Sponsor means the person who finances and is responsible for an event. Vendor means someone who offers or sells goods or services. (Prior Code, § 316.200) Sec. 4-422. Classifications. The city shall assign each event a group number pursuant to the following classifications. If an event qualifies for more than one group, it shall be assigned to the lowest group number for which it qualifies. The classifications are established for purposes of evaluation and issuance of the event permit and for fee and cost applicability. (1) Group I: City Government. Group I includes any event co-sponsored by the city, including, but not limited to, city co-sponsored or hosted programs, events and public meetings. City co-sponsorship or hosting of an event must be approved in advance by the city council. § 4-420 PRIOR LAKE CODE CD4:76 (2) Group II: City Civic/Nonprofit Agencies. Group II includes any event sponsored by a civic or nonprofit agency which is based in or serves the city community. A civic or nonprofit group is considered to be based in or serving the community of city if its mailing address is in the city or in the Prior Lake-Savage School District boundaries. Group II includes, but is not limited to, Prior Lake-Savage School District, city rotary club, city youth athletic associations, city chamber of commerce and city-based religious organizations. (3) Group III: City Residents and Businesses. Group III includes any event sponsored by a resident, commercial organization or business located or residing in the city. (4) Group IV: Other. Group IV includes any event sponsored by any other person, including, but not limited to, League of Women Voters, political meetings, rallies or conventions, etc. (Prior Code, § 316.300) Sec. 4-423. Fees and costs. The sponsor shall be responsible for all fees and costs related to the event. (1) Application fee. An application fee shall be submitted to the city along with the completed application. The application fee shall be in the amount set forth in the city fee schedule for the year in which the application is submitted. The application fee shall be waived for Group I and Group II events. (2) Facility usage fee, athletic tournament fee. For each athletic tournament, an athletic tournament fee in the amount per tournament provided in the city fee schedule shall be submitted to the city after the event permit has been approved but prior to its issuance. (3) City costs. The sponsor shall be responsible for all costs incurred by the city in relation to the event, including any damage that may occur as a result of the event. The costs include, but are not limited to, the following: a. Electricity. b. Water. c. Use of city equipment. d. Staff time for street closures, posting of no parking signs, assistance with crowd control, delivery, setup and teardown of equipment, etc. e. Repair and restoration for any damage to public or private property. f. Additional police or fire protection or other city service co-sponsors of Group I events shall pay a percentage of the costs, as determined by the city manager in his/her sole discretion, proportionate to the level of sponsorship. (4) Deposit. After the event permit has been approved but prior to its issuance, the sponsor shall deposit with the city a cash escrow for the costs incurred by the city in conjunction with the event ("costs"). The city shall deduct from the escrow all costs § 4-423BUSINESSES CD4:77 actually incurred. Any portion of the escrow not retained by the city shall be returned to the sponsor within 60 days of the completion of the event. The amount of the escrow shall set by the city based upon an estimate of the costs to be incurred by the city and the damage that may occur. The estimate is only an estimate and does not limit the responsibility of the sponsor to pay all costs incurred by the city. If the costs exceed the escrow, the city may, at any time, require that additional funds be paid into the escrow. Regardless of whether additional funds are paid into the escrow, if the costs exceed the escrow after the event is complete, the city shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. (Prior Code, § 316.400; Ord. No. 117-04, 4-1-2017) Sec. 4-424. Permit. (a) Required. An event permit is required to hold a community event within the city. (b) Exceptions. An event permit is not required for the following: (1) Community events sponsored by the city. (2) Funerals and funeral processions. (3) Noncommercial, private events held in city facilities or on city property, such as weddings, graduation parties or reunions. Private events requesting public services will be billed for those services. (Prior Code, § 316.500; Ord. No. 116-25, 12-17-2016) Sec. 4-425. Application. (a) Requirements. A complete application shall be submitted to the city at least 45 days but no more than 270 days in advance, except that certain large scale annual events approved in advance by the city council may apply up to 360 days in advance of the event. Application forms are available at the city. The application shall indicate the proposed priority classification, identify the premises used, provide projected revenues and expenses as well as prior year revenues and expenses if applicable, include all other information requested by the city, and shall be accompanied by an application fee. (b) Issuance. The city manager or his/her designee may approve or deny the event permit or the event permit may be referred to the city council for approval or denial. (c) Evaluation criteria. The criteria listed below will be used in evaluating each event permit in relation to costs, waivers, street closures and other conditions or regulations. Please note that not all criteria apply to every event. (1) Event classification as set forth in section 4-422. (2) Event has wider community benefit beyond supporting organization. (3) Event is marketed beyond city with the potential to attract visitors from a broader region that will contribute to the local economy. (4) Event is presented by a proven organization and supported with sufficient volunteers. § 4-423 PRIOR LAKE CODE CD4:78 (5) Prior year and projected revenues and expenses. (6) Event will build/enhance community. (7) Event meets public purpose expenditure guidelines: a. Promotes the health, safety, and welfare of the city; and b. Does not have as its primary objective the benefit of a private interest. (8) Events that have previously received approval will be required to provide a recap of the previous event to include estimated attendance, marketing and economic benefit. (9) Number and type of comments or complaints relating to the event and whether such comments and complaints have been substantiated. (10) Extensiveness of street closures for event. (d) Scheduling. Upon receipt of a complete application, the city will tentatively place the event on the calendar if the requested dates are available. Once placed on the calendar, the event will only be removed if the application is withdrawn or denied. There is no assurance the city will be able to accommodate future recurring events on the same or similar dates. (e) Grounds for denial. An event permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare, including, but not limited to, the following: (1) The type of event is not permitted by zoning or other law, statute, rule or regulation. (2) The location of the community event would cause undue hardship for adjacent businesses or residents. (3) Another community event has already been approved at the same time requested by the sponsor or so close in time as to cause traffic congestion, or to create a situation where the city is unable to meet the needs to provide for law enforcement and other city services for both community events. (4) The community event is of a size or nature that requires the diversion of too many public safety officers to properly police the event site and contiguous areas, or allowing the community event would unreasonably deny public safety protection to the remainder of the city and its residents. (5) The time, route, hours, location or size of the community event could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. (6) The location of the community event will interfere with previously scheduled construction or maintenance work. (7) Failure to provide a completed application and fees or providing false or misleading information. (8) The sponsor fails to comply with liability insurance requirements or the sponsor's insurance lapses or is canceled. § 4-425BUSINESSES CD4:79 (9) The sponsor fails to agree to abide or comply with all of the conditions and terms of the community event permit and this article. (10) The community event would seriously inconvenience the general public's use of public property, services, or facilities. (11) The community event would create or constitute a public nuisance. (12) The community event could cause significant damage to public property or facilities. (13) The event is contrary to the promotion of health, safety, and welfare of the city. (14) The community event would engage in or encourage participants to engage in illegal acts. (15) The sponsor is a minor at the time of the event. (16) The sponsor hosted a previous event that violated this article. (17) The sponsor has delinquent fees, charges or other outstanding financial claims with the city. (f) Appeal of denial. Any sponsor aggrieved by a decision of the city manager or his/her designee in relation to issuance of an event permit may appeal the decision to the city council. Such appeal shall be taken by filing with the city manager, within ten days after date of the decision, a written statement requesting a hearing before the city council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five days prior to the date set for the hearing. (Prior Code, § 316.600; Ord. No. 116-25, 12-17-2016; Ord. No. 119-03, 3-9-2019) Sec. 4-426. Permit conditions. The city may attach such reasonable conditions to the event permit as are deemed necessary to protect the public health, safety and welfare, including, but not limited to, the following: (1) Location and hours during which the event may be held. (2) Sanitation/availability of potable water. (3) Security/crowd management. (4) Parking and traffic issues. (5) Emergency event notification and evacuation plan. (6) Cleanup of premises and surrounding area/trash disposal. (7) Lighting. (8) Fire service/safety. § 4-425 PRIOR LAKE CODE CD4:80 (9) Temporary construction, barricades/fencing. (10) Removal of advertising/promotional materials. (11) Noise levels. (12) Alcohol consumption. (13) Notification of surrounding businesses/property owners regarding street closures and event-related restrictions. (14) Any other conditions which the city deems necessary. (Prior Code, § 316.700) Sec. 4-427. Additional requirements. (a) Rules and regulations. All events are subject to all applicable federal, state and local laws, rules and regulations. (b) Permits/licenses/approvals. The sponsor shall obtain all permits, licenses or approv- als required by all applicable federal, state and local laws, rules and regulations for the event, including, but not limited to, liquor licenses, and electrical permits. (c) Maintenance of public property. The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the event; and provide adequate portable toilets if needed. Sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for collection of recyclables. Sponsor shall be responsible for repair of any damages to any private or public property resulting from the event. (d) Street closures. Street closures must be approved by the city manager or his/her designee in advance. Considerations in determining whether to approve a street closure shall include, but not be limited to, effects on public safety, effects on traffic, duration and frequency of closures, other events already permitted, and effect on city services or work. (e) Insurance. The sponsor and vendors shall maintain the insurance required by the city for the event and shall provide proof of such insurance to the city. (f) Maintenance of animals. The sponsor may be permitted to allow cattle, horses, and other approved animals on the premises if approved with the event permit. The permit may allow animals on the premises for a reasonable period before and after the particular show or event. The animals shall be maintained in a humane and orderly fashion so as to not cause a disturbance to the public. The sponsor shall clean up the premises of any animal waste or feed immediately after the conclusion of the event. (g) Waivers. The city may require waivers from participants in any community event. If such waivers are required, the sponsor shall provide them to the city prior to participation. No person shall be permitted to participate in the event without providing a signed waiver. (h) Noise. In no circumstances shall the event exceed a noise level of 65 decibels as measured at any lot line of the property on which the event is held (as the terms "lot line" and "property" are defined in section 10-50), except that a nonprofit sponsor hosting an § 4-427BUSINESSES CD4:81 annual event which lasts at least two days, benefits the community, expects to host at least 5,000 people and has occurred at least twice may apply for a higher noise level not to exceed 78 decibels measured as set forth above. The request for a higher noise level shall be included in the event permit application and the approval of the higher noise level may be approved or denied in the sole discretion of the city manager, taking into consideration the sponsor's previous events, location of the event and any noise mitigation provided. If a higher noise level is approved in the event permit, noise up to the approved level consistent with the event permit shall not constitute a public nuisance pursuant to chapter 5, article IV. (i) Notice. The city may require written notification of neighboring property owners or tenants. If such notice is required, it shall be provided to all properties within 500 feet of each lot line of the property on which the event is held (as the terms "lot line" and "property" are defined in section 10-50) and shall include the name of the event, the name of the sponsor, the date, time and hours of the event, and the name and phone number for a contact person. (Prior Code, § 316.800; Ord. No. 116-25, 12-17-2016; Ord. No. 118-17, 11-17-2018) Sec. 4-428. Responsibility of sponsor. The sponsor shall be responsible to ensure that the event activities and participants shall not violate the terms of the event permit or any federal, state or local law, rule or regulation. (Prior Code, § 316.900) Sec. 4-429. Violations or complaints. Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to an event may be grounds for denial of future event permits for the sponsor. (Prior Code, § 316.1000) Sec. 4-430. Enforcement. Any violation of this article or of an event permit issued pursuant to this article is subject to enforcement by any or all of the following: (1) If it is a violation that affects the public health, safety and welfare, it is declared a public nuisance and is subject to all of the enforcement provisions of chapter 5, article IV. (2) Any violation is grounds for revoking the event permit or denying future applications for an event permit. (3) Any violation shall constitute a misdemeanor and may be prosecuted as such. (4) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. (Prior Code, § 316.1100) § 4-427 PRIOR LAKE CODE CD4:82 Sec. 4-431. Revocation. (a) The city staff may recommend revocation of an event permit to the city manager. The city manager shall review the recommendation and the reasons supporting the recommenda- tion and may revoke the event permit. The city manager shall provide written notice of the revocation in person or by mail to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and if the event has not completed it shall immediately cease operations. The notice shall inform the sponsor of the right to appeal the decision of the city manager to the city council. (b) Any sponsor aggrieved by the revocation may appeal to the city council. Such appeal shall be taken by filing with the city manager, within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the city council and setting forth fully the grounds for the appeal. The city manager may, in his or her sole discretion, stay the revocation of the event permit pending the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five days prior to the hearing. (Prior Code, § 316.1200; Ord. No. 116-03, 3-19-2016) Secs. 4-432—4-460. Reserved. ARTICLE XIV. SALE OF CERTAIN CANNABINOID PRODUCTS; LICENSING Sec. 4-461. Purpose. (a) The city council finds that current state law regarding certain cannabinoid products legalized under Minn. Stats. § 151.72 creates a rapid introduction of products into our community which can impact health and public safety and there is a need for a licensing or compliance check process. The U.S. Surgeon General has offered guidance that products that contain the cannabinoid tetrahydrocannabinol (THC) present a significant potential threat to public health, safety, and welfare, and particularly to youth and adolescents and their brain development. (b) In 2023, the state legislature passed legislation relating to cannabis and hemp products in 2023 Session Laws chapter 63. This law includes the legalization of production, distribution, sale, possession and use of other cannabis and hemp products under Minn. Stats. ch. 342. This new law also created the office of cannabis management, which will license cannabis and hemp product retailers. However, certain cannabinoid products offered for sale under Minn. Stats. § 151.72 can be sold without a state license until March 1, 2025, when Minn. Stats. § 151.72 is repealed. § 4-461BUSINESSES CD4:83 (c) The council finds that there is a public health necessity for regulation related to the retail sale of these certain cannabinoid products regulated by Minn. Stats. § 151.72 within the city. To balance the interests of effectively regulating such products while not placing an undue burden upon businesses, the city council finds that a licensing model is most appropriate to ensure compliance with the laws and business standards of city and state. (d) This moratorium does not apply to the selling products related to the medical cannabis program as administered by the state department of health, provided that such activity is done in accordance with the regulations and laws of the state regarding medical cannabis. (e) This article does not apply to any product dispensed pursuant to the state's medical cannabis program or products which are licensed by the state office of cannabis manage- ment. (Prior Code, § 317.100; Ord. No. 123-08, § 1(317.100), 7-17-2023) Sec. 4-462. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certain cannabinoid products means products legalized under Minn. Stats. § 151.72. Minor means any natural person who has not yet reached 21 years of age. Movable place of business means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Retail sale means any transfer of goods for money, trade, barter, or other consideration. THC means the chemical compound tetrahydrocannabinol whether derived naturally or synthetically from the cannabis plant. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses certain cannabinoid products upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the certain cannabinoid product. (Prior Code, § 317.200; Ord. No. 123-08, § 1(317.200), 7-17-2023) Sec. 4-463. License required. No person shall keep certain cannabinoid products for retail sale or sell such products at retail in the city without first obtaining a license from the city. No license shall be issued for the sale of certain cannabinoid products: (1) At a movable place of business; (2) From a vending machine; or § 4-461 PRIOR LAKE CODE CD4:84 (3) To a person under 21 years of age. (Prior Code, § 317.300; Ord. No. 123-08, § 1(317.300), 7-17-2023) Sec. 4-464. Application. An application for a license to sell licensed products must be made on a form provided by the city. The application must contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, the educational materials the applicant intends to use to educate employees and any additional information the city deems necessary. Upon receipt of a completed application and license fee, the city clerk will forward the application to the city council for action. If the city clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. (Prior Code, § 317.400; Ord. No. 123-08, § 1(317.400), 7-17-2023) Sec. 4-465. Background check. In order to protect the health, safety and welfare of the public, the police department is authorized to conduct a criminal history background investigation and/or driver's license check on all persons who have applied for or who will sell a licensed product. The results of the criminal history background investigation and/or driver's license check may be cause for denial of the license at the sole discretion of the city council. (Prior Code, § 317.500; Ord. No. 123-08, § 1(317.500), 7-17-2023) Sec. 4-466. Action. The city council may approve or deny the application for a license or it may delay action for a reasonable period of time to complete an investigation of the application or the applicant deemed necessary. If the city council approves the application, the city clerk will issue the license to the applicant. If the city council denies the application, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the decision. (Prior Code, § 317.600; Ord. No. 123-08, § 1(317.600), 7-17-2023) Sec. 4-467. Term of license. Each license issued pursuant to this article shall expire on December 31 of each calendar year. (Prior Code, § 317.700; Ord. No. 123-08, § 1(317.700), 7-17-2023) Sec. 4-468. Licensee violations. It shall be a violation of this article for any person to: (1) Sell or offer to sell any certain cannabinoid products: a. To any person under 21 years of age; § 4-468BUSINESSES CD4:85 b. By means of any type of vending machine; c. From a movable place of business; d. By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the certain cannabinoid products. All such products shall be stored behind a counter or other area not freely accessible to customers; e. Containing any chemical compound or drug that is otherwise a controlled substance under state law; f. By any other means or to any other person prohibited by state or other local laws, ordinances or other regulations; g. That fails to meet the labelling requirements as established in Minn. Stats. § 151.72, subds. 5 and 5a; h. That fails to meet the testing requirements as established in Minn. Stats. § 151.72, subd. 4; or (2) Commit any other violation of Minn. Stats. § 151.72, including, but not limited to, failing to register with the state department of health by October 1, 2023, as required by Minn. Stats. § 151.72, subd. 5b. (Prior Code, § 317.800; Ord. No. 123-08, § 1(317.800), 7-17-2023) Sec. 4-469. Responsibility for sales. The license holder is responsible for all actions occurring on the licensed premises. Actions of employees at the licensed establishment regarding the sale of any certain cannabinoid products shall be considered a sale by the licensed owner. (Prior Code, § 317.900; Ord. No. 123-08, § 1(317.900), 7-17-2023) Sec. 4-470. Sampling and on-site consumption. Sampling or consumption of certain cannabinoid products within a licensed establishment is prohibited. On-site consumption of purchased products is prohibited unless the conditions of Minn. Stats. § 151.72, subd. 3(f) are met. If the conditions of Minn. Stats. § 151.72, subd. 3(f) are not met, then all products must remain sealed while on the licensed premises. (Prior Code, § 317.1000; Ord. No. 123-08, § 1(317.1000), 7-17-2023) Sec. 4-471. Use of false identification. No person under 21 years of age shall attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (Prior Code, § 317.1100; Ord. No. 123-08, § 1(317.1100), 7-17-2023) § 4-468 PRIOR LAKE CODE CD4:86 Sec. 4-472. Compliance checks and inspections. (a) All licensed premises shall be open to inspection by the city and other authorized officials during regular business hours. (b) From time to time, but at least once per year, the city shall conduct compliance checks by engaging with persons over 15 years of age but less than 21 years of age to enter the licensed premises to attempt to purchase certain cannabinoid products. The following shall control how compliance checks are conducted: (1) Prior written parental consent is required for any minor who participates in a compliance check; (2) Persons used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel; (3) Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase nor unlawful possession of certain cannabinoid products when such items are obtained or attempted to be obtained as part of the compliance check; and (4) No person used in the compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age for which he or she is asked. (c) Nothing in this article shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law. (Prior Code, § 317.1200; Ord. No. 123-08, § 1(317.1200), 7-17-2023) Sec. 4-473. Violations. The notification and hearing process set forth in this section will apply to violations of this article. (1) Notice. Upon discovery of a suspected violation, the city manager shall send written notice of a license denial, administrative penalty, suspension and/or revocation to the licensee. The notice shall identify the basis for the decision, any applicable penalty and the person's right to request a hearing as described in subsection (2) of this section. (2) Hearing request. Upon issuance of a notice, a person denied a license or accused of violating this article may request in writing a hearing on the matter before the city council. Hearing requests must be made within ten business days of the issuance of the notice and delivered to the city clerk or other designated city officer. Failure to properly request a hearing within ten business days of the issuance of the notice will terminate the person's right to a hearing. § 4-473BUSINESSES CD4:87 (3) Hearing. The city clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the person who requested a hearing at least ten business days prior to the hearing. (4) Decision. A decision will be issued by the city council within 15 business days of the hearing. If the city council determines that a license denial is appropriate or that a violation of this article did occur, that decision, along with the city council's reasons for the finding and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the person who requested the hearing by in-person delivery or mail as soon as practicable. If the city council finds that license denial is not appropriate or that no violation occurred or finds grounds for imposing a different penalty or not imposing any penalty, those findings will be recorded, and a copy will be provided to the person who requested the hearing by in-person delivery or mail as soon as practicable. The decision of the city council is final subject to appeal to the district court as set forth in subsection (5) of this section. (5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the county district court within ten days of the date of decision. (Prior Code, § 317.1300; Ord. No. 123-08, § 1(317.1300), 7-17-2023) Sec. 4-474. Severability. If any section or provision of this article is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. (Prior Code, § 317.1400; Ord. No. 123-08, § 1(317.1400), 7-17-2023) Sec. 4-475. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (Prior Code, § 317.1500; Ord. No. 123-08, § 1(317.1500), 7-17-2023) Sec. 4-476. Penalties. (a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of: (1) $500.00 for the first violation of this article; (2) $1,000.00 for the second offense at the same licensed premises within a 36-month period; (3) $1,200.00 for a third offense at the same location within a 36-month period, and the license shall be suspended for not less than seven days; and (4) $1,500.00 for a fourth offense at the same location within a 36-month period. In addition, after the fourth offense, the license shall be revoked. § 4-473 PRIOR LAKE CODE CD4:88 (b) Other individuals. Other individuals, other than minors regulated by subsection (c) of this section, found to be in violation of this article shall be charged an administrative fine of $50.00. (c) Underage persons. Persons under 21 years of age who use false identification to purchase or attempt to purchase certain cannabinoid products shall be guilty of a misdemeanor. (d) Misdemeanor and other penalties. Nothing in this article shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. If the city elects to seek misdemeanor prosecution, an administrative penalty may also be imposed. A violation of this article is also subject to the city's general penalty in section 1-15. (e) Denial, revocation, suspension. Any violation of this article shall be grounds to deny, revoke, or suspend a license. (Prior Code, § 317.1600; Ord. No. 123-08, § 1(317.1600), 7-17-2023) § 4-476BUSINESSES CD4:89 Chapter 5 HEALTH AND SANITATION Article I. In General Secs. 5-1—5-18. Reserved. Article II. Garbage and Refuse Sec. 5-19. Definitions. Sec. 5-20. Prohibited acts. Sec. 5-21. Garbage and refuse collectors. Sec. 5-22. Precollection and collection requirements. Sec. 5-23. Container requirements. Sec. 5-24. Disposal of garbage and refuse. Sec. 5-25. Composting. Sec. 5-26. Air pollution control regulations. Sec. 5-27. Burning permit. Sec. 5-28. Enforcement and enforcement penalties. Secs. 5-29—5-59. Reserved. Article III. Hazardous and Diseased Trees Sec. 5-60. Policy and purpose. Sec. 5-61. Authority. Sec. 5-62. Nuisances declared. Sec. 5-63. Abatement. Sec. 5-64. Reporting discovery of nuisance. Sec. 5-65. Registration of tree care firms. Sec. 5-66. Oak tree trimming. Sec. 5-67. Violation; penalties. Secs. 5-68—5-92. Reserved. Article IV. Public Nuisances Sec. 5-93. Public nuisance defined. Sec. 5-94. Specific conditions and activities. Sec. 5-95. Permitting nuisance to exist. Sec. 5-96. Abatement. Sec. 5-97. Posting placard on dangerous building. Sec. 5-98. Abatement by city. Sec. 5-99. Securing vacant buildings. Sec. 5-100. Right of entry. Sec. 5-101. Collection of abatement costs. Sec. 5-102. Noise. Secs. 5-103—5-132. Reserved. CD5:1 Article V. Junk and Junk Vehicles Sec. 5-133. Purpose. Sec. 5-134. Definitions. Sec. 5-135. Storage. Sec. 5-136. Removal. Sec. 5-137. City police to identify. Sec. 5-138. Hearing. Sec. 5-139. Notice to owner. Sec. 5-140. Costs to be assessed. Sec. 5-141. Abatement civil in nature. Sec. 5-142. Penalties. Secs. 5-143—5-167. Reserved. Article VI. Portable Toilets Sec. 5-168. Purpose. Sec. 5-169. Definitions. Sec. 5-170. Allowable use of portable toilets. Sec. 5-171. General regulations. Sec. 5-172. Penalty. Secs. 5-173—5-197. Reserved. Article VII. Property Maintenance Sec. 5-198. Findings and purpose. Sec. 5-199. Definitions. Sec. 5-200. Building and structure appearance and maintenance requirements. Sec. 5-201. Completion of exterior work and demolition projects. Sec. 5-202. Firewood and construction material storage; tree limb removal. Sec. 5-203. Other outdoor storage. Sec. 5-204. Weeds. Sec. 5-205. Penalty. Secs. 5-206—5-233. Reserved. Article VIII. Coal-Tar-Based Sealer Products Sec. 5-234. Purpose. Sec. 5-235. Definitions. Sec. 5-236. Prohibitions. Sec. 5-237. Sale of coal-tar-based sealer restricted. Sec. 5-238. Asphalt-based sealcoat products. Sec. 5-239. Penalty. PRIOR LAKE CODE CD5:2 ARTICLE I. IN GENERAL Secs. 5-1—5-18. Reserved. ARTICLE II. GARBAGE AND REFUSE Sec. 5-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. Composting means the controlled microbial degradation of source separated composting materials to yield a humus-like product or mulch to be used as a soil amendment. Garbage means animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food and shall also include all other animal wastes. Licensed private garbage, rubbish, and refuse collector means any person holding a valid license from the city for the collection of garbage, rubbish, and refuse. Litter means garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited in this article, tends to create a danger to public health, safety and welfare. Park means a park, reservation, playground, beach, recreation center or any other public area in the city owned or used by the city and devoted to active or passive recreation. Public place means all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings. Refuse includes all wastes which normally result from the operation of a household or commercial establishment, except body wastes and garbage, including, but not limited to, rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household or commercial establishment construction material, cement, bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household or commercial establishment appliances and furniture or any other household or commercial establishment refuse or material small enough for one man to handle. The term "refuse" shall not include construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees in excess of six inches in diameter. § 5-19HEALTH AND SANITATION CD5:3 Residential unit means any single building consisting of three or fewer separate dwelling places with individual kitchen facilities for each. The term "residential unit" also includes any boardinghouse in a residential district. Rubbish means old tin and iron cans and containers, old wood, cardboard and paper boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, wood shavings, and all used or cast-off articles or material, including old plaster, brick, cement, glass, old building material, leaves, yard trimmings, weeds, dead weeds, dead trees, dead bushes or dead grasses, whether or not still in the ground at any height, and similar materials. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Prior Code, § 601.100; Ord. No. 114-16, 12-20-2014; Ord. No. 116-18, 9-17-2016) Sec. 5-20. Prohibited acts. (a) Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk, sewer, storm drain, ditch, drainage canal, lake, river, waterway, park, trail, or other public place within the city except in public receptacles or authorized private receptacles for collection. (b) Sweeping litter into gutters. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any private or public sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk/public easement area in front, side or rear of their premises free of litter, weeds, brush, snow ice, or any obstruction. (c) Merchants duty to keep premises free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway or allow litter on their premises to be deposited by the elements upon any street, sidewalk or other public place or upon private property. (d) Litter deposited on public property or, in the case of private property, deposited by a person other than the property owner. When a person deposits litter on public property or on private property where the person is not the owner of such private property, that person shall immediately remove or cause the removal of that litter from the property at such person's own cost. (Prior Code, § 601.200; Ord. No. 114-16, 12-20-2014) § 5-19 PRIOR LAKE CODE CD5:4 Sec. 5-21. Garbage and refuse collectors. (a) Licenses required. Any individual, corporation, partnership or other form of business entity that desires to engage in the business of waste management or refuse hauling is required to first make application to the city clerk for a license, which application shall be on a form provided by the city and shall include, but not be limited to, the following information: (1) License fee as set forth in the city fee schedule. (2) The name of the owner and licensee. (3) A description of each motor vehicle to be used for hauling, including the license number thereof. (4) The manner and kind of services to be provided to customers and the cost of pickups. (5) Certificate of insurance. Any falsification of, or missing information on, the license application shall result in the denial of the license. If any falsification is discovered after the license is issued, the license shall be null and void. (b) Background check. In order to protect the health, safety and welfare of the public, the city police department is authorized to conduct a criminal history background investigation or driver's license check on all persons who have applied for or who will sell, hawk, vend, peddle or solicit under a license issued herein and who have not held a valid garbage and refuse collector's license with the city in the prior year. The results of the criminal history background investigation or driver's license check may be cause for denial of the license at the sole discretion of the city. (c) Persons ineligible for license. No garbage and refuse collector's license shall be issued to an applicant who: (1) Is under 18 years of age; (2) Has had his or her driving privileges suspended, revoked, or canceled within one year of the date of application; provided, however, the city may issue a license to a person who had his or her driving privileges suspended within one year of the date of application if the suspension was based on nonpayment of a fine and the applicant has a currently valid driver's license; (3) The city finds to be a habitually reckless or negligent driver or a habitual violator of the traffic laws; or (4) Provides false or misleading information on his or her license application. (d) Duration and renewal of license. (1) All licenses issued pursuant to this article are issued for one year beginning on July 1 and expiring on June 30. License fees shall not be prorated. § 5-21HEALTH AND SANITATION CD5:5 (2) Not less than 30 days prior to the expiration of the license, the licensee shall submit a renewal application to the city clerk. A renewal application shall be made in the same manner as provided for the original application. (3) Licenses are not transferable. (e) Insurance requirements. No license shall be issued until the applicant provides the city with a current policy of insurance covering all vehicles to be used by the applicant in its business. The minimum limit of coverage for such insurance is a combined style limit for bodily injury and property damage of $500,000.00. (f) Hours of operation. No person engaged in hauling refuse or garbage for hire shall do so after 7:00 p.m. or before 7:00 a.m. of any day. There shall be no garbage or refuse pickup on Sundays except in commercial zones between 9:00 a.m. and noon or in other zoning districts without prior written consent of the city manager following the conclusion of special city-wide events. (g) Vehicles for hauling garbage and refuse. (1) All persons hauling or conveying garbage or refuse over the streets of the city shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped or spilled from the vehicle. Any such vehicles shall be kept clean and as free from offensive odors as possible, and, if customarily used for the hauling of garbage or refuse, shall not be allowed to stand in any street alley or other place longer than is reasonably necessary to collect garbage and refuse. Any vehicle customarily used for such purposes shall be kept in a clean and sanitary condition and shall be thoroughly disinfected at least once each week unless the same has not been used since the last disinfection. (2) Each vehicle for which a license is applied for or which is licensed shall be subject to inspection by the city at all reasonable times. Any such vehicle, while it is used by the licensee in the city, shall have the name of the licensee clearly printed on both sides, and the license for the vehicle shall be kept in the vehicle at all times while it is being so used. (h) Revocation or suspension of license. The license for garbage collection, when issued, may be revoked or suspended by the city council without notice in the case of the conviction in a court of competent jurisdiction of the licensee on a complaint alleging the violation of this article or alleging the violation of the provisions of this Code or state law regarding public health. Further, the license may be revoked or suspended at any time by the city council upon a hearing, provided that the licensee shall be given at least five days' written notice of such hearing and shall have an opportunity to appear in person or by agent or attorney and present evidence relative to the matter under consideration. (i) No vested right. No person licensed pursuant to this article shall gain a vested right in the license. The city may, upon finding that public necessity requires, determine to establish another means of refuse collection. § 5-21 PRIOR LAKE CODE CD5:6 (j) Obligation of licensed collectors. A licensed garbage and refuse collector shall pick up any garbage and refuse of his customers which has been deposited for collection in the manner provided by this article. (Prior Code, § 601.300; Ord. No. 107-13, 7-21-2007; Ord. No. 111-01, 1-1-2011; Ord. No. 119-05, 5-11-2019) Sec. 5-22. Precollection and collection requirements. (a) Generally. Grass clippings, leaves and other similar refuse shall be placed in bags or bundles not exceeding three feet in any dimension and securely fastened to avoid spillage. Household appliances, furniture, Christmas trees, burning barrels and mesh backyard burners falling within the definition of the term "refuse" need not be so packaged. Unless the licensed garbage and refuse collector agrees to pick up such refuse from some other location on the premises, it may be deposited for pickup adjacent to the street or alley from which the pickup is to be made. Refuse deposited adjacent to a street or alley for pickup shall be deposited off the traveled roadway, in one place, at ground level. No refuse shall be deposited next to the traveled roadway of any street or alley before sunset of the day before the day of collection. All refuse, refuse bags, wrappings, cans and disposable containers so deposited shall be picked up by the licensed garbage and refuse hauler so that after pickup no such items are left adjacent to the street or alley. If any such items are not picked up on the day of collection, they shall be removed from their location next to the street or alley on the day of collection. (b) Preparation of garbage and refuse. Except as otherwise provided in subsection (a) of this section, all garbage and refuse as accumulated on any premises shall be placed and maintained in containers, shall have drained from it all free liquids before being deposited for collection, and shall be wrapped or bagged. No explosive or highly inflammable material shall be so deposited. Such material shall be disposed of as directed by the fire chief at the expense of the owner or possessor thereof. (c) Contagious disease refuse. Refuse such as, but not limited to, bedding, wearing apparel or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as required by state law or administrative regulation and this Code at the expense of the owner or possessor thereof. (d) Multiple residence buildings. Multiple residence buildings having more than three family units having garbage and refuse pickup shall either be equipped with refuse containers and refuse pickup service as provided in this section or equipped with a commercial incinerator complying with the requirements of the state pollution control agency and licensed by the city as provided in this article. If refuse containers are provided as an alternative or in addition to incineration and are one cubic yard or larger in capacity, then they shall be conveniently located in relationship to the residence units for which they are provided, shall be watertight and rodentproof with lids, and shall be kept in an enclosing structure concealing them from public view. Such structure shall have a concrete floor with § 5-22HEALTH AND SANITATION CD5:7 an apron that drains which shall not be higher than three inches above the natural grade of the surrounding area. Existing bituminous surfaces may be used as a floor for the enclosing structures until such time that the floor has deteriorated or five years, whichever occurs first, at which time the bituminous floor shall be replaced with a concrete floor. The enclosing structure shall be equipped with a gate large enough for a garbage truck to service the refuse container. The gate in the enclosing structure shall face in the direction which is most convenient for the approach of the garbage truck and shall be constructed with a latch which can secure the gate in an open and shut position. The enclosing structure shall have a minimum opening of 30 inches. Such opening shall be constructed in such a manner so that the view to the interior of the enclosure is blocked when viewed from the outside of the enclosing structure. Such enclosing structures shall be kept in a state of good repair at all times. The refuse container shall be located such that its contents are inaccessible to at least three feet above the base of the enclosing structure. The owner or operator of such multiple residence property shall provide for garbage pickup from such containers. Refuse, debris, garbage and other waste materials shall not be permitted to accumulate in or near the enclosing structure unless placed in the refuse container located within the structure with watertight and rodentproof lids in place, thereby sealing off the container. There shall be daily cleanup in and around each such enclosing structure. (e) Commercial establishments/volume producers of garbage or refuse. The owner or occupant of any commercial establishment shall also comply with the provisions of subsection (d) of this section. The owner or occupant of any other property located in the city producing a volume of garbage or refuse, or both, the accumulation of which exceeds the garbage collection agreement for maximum amounts to be picked up and hauled on a weekly basis pursuant to the agreement in effect between the owner or occupant of the property and the garbage or refuse collector shall comply with the provisions of subsection (d) of this section. (Prior Code, § 601.400) Sec. 5-23. Container requirements. (a) Duty to provide and maintain containers in sanitary conditions. Garbage, rubbish, and refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises and located in such a manner so as to prevent them from being overturned. Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes or other insects. (b) Container specifications. No garbage, rubbish, or refuse container shall exceed 96 gallons in capacity or have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this section shall be promptly replaced upon notice. Containers shall be made of metal, plastic, or other suitable material which is rodentproof, fireproof and waterproof and which will not easily corrode and shall be equipped with suitable handles and tightfitting covers and kept tightly covered when there is garbage, rubbish, or refuse § 5-22 PRIOR LAKE CODE CD5:8 therein. Containers shall be of a kind suitable for collection purposes, shall be of such size and weight that they can be handled by one person, and shall be kept tightly covered when there is garbage, rubbish, or refuse therein. (c) Storage of containers. Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view except on the day of pickup. (Prior Code, § 601.500; Ord. No. 114-16, 12-20-2014; Ord. No. 116-18, 9-17-2016) Sec. 5-24. Disposal of garbage and refuse. (a) Disposal at approved landfill sites. No person shall dispose of garbage or refuse upon any property in the city except at an approved landfill site. An approved landfill site is a site for disposal of garbage and refuse approved and licensed by the county and operated in accordance with the rules and regulations of the state pollution control agency. This subsection does not limit the disposal of garbage or refuse to sites in the county. (b) Compulsory pickup. All properties within the city shall have compulsory garbage and refuse pickup. (c) Agricultural rural area exceptions. Properties in rural or agricultural zoning districts which are five acres or more are not required to have compulsory garbage and refuse pickup. (Prior Code, § 601.600; Ord. No. 116-18, 9-17-2016) Sec. 5-25. Composting. It is prohibited for any person to engage in composting in a public, commercial, office or industrial zoning district without prior written permission from the city. It is prohibited for any person to engage in composting in a residential or agricultural zoning district except when in compliance with all of the following: (1) Container location, design specifications. Composting shall occur only within a fully enclosed container which is no more than 120 gallons in size. The container shall be located and designed so that no seepage occurs. Composting containers shall be located: a. At least five feet from any rear or side property line; b. At least 20 feet from any residential dwelling other than the dwelling on the property on which the container is located; and c. At least 20 feet from any body of water or area designated as a 100-year floodplain or state-protected wetland. (2) Prohibited materials. The following materials shall not be used for composting: uncooked meat, fats, oils, grease, bones, whole eggs, milk or other liquid dairy products, human or pet wastes, pesticides, herbicides, noxious weeds or any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions. § 5-25HEALTH AND SANITATION CD5:9 (3) Nuisance, hazard prohibited. Composting shall not occur in a manner that creates an odor or other public nuisance or in a manner that creates a fire or health hazard. (Prior Code, § 601.700; Ord. No. 116-18, 9-17-2016) Sec. 5-26. Air pollution control regulations. Pursuant to Minn. Stats. § 471.62, the publication "Air Pollution Controls and Regula- tions and Ambient Air Quality Standards, 1-15, inclusive of the Minnesota Pollution Control Agency" is adopted by reference. The city clerk shall mark and keep on file in his office one copy of the regulations, marked as the official copy, for use and examination by the public and shall furnish a copy of this article and the regulations at cost to any person upon request. (Prior Code, § 601.800) Sec. 5-27. Burning permit. (a) No person shall willfully burn or set fire to any grass, weeds or other natural ground cover or any building, fixture or appurtenance of real property unless a permit therefor has been secured from the fire chief. (b) No person shall negligently or carelessly set on fire or cause to be set on fire any woods, prairie, grass or other combustible material, whether on his own land or not, by means whereof the property of another will be endangered, and no person shall willfully allow any fire on his own land, or land occupied by him, to extend beyond the limits thereof. (c) If a permit is required by the terms of this article for any burning, the fire chief may condition the granting of such permit in such a manner as he shall deem appropriate. A violation of such conditions shall be a violation of this article. Permits shall be issued only under such circumstances as may be allowed by the air pollution regulations adopted in section 5-26 and as may be allowed by other provisions of this Code. (Prior Code, § 601.900) Sec. 5-28. Enforcement and enforcement penalties. (a) In enforcing the provisions of this article, the persons identified in section 2-2 shall have the power to issue citations for violation of this article in lieu of arrest or continued detention. (b) The city may abate any violation of this article as a public nuisance. (c) Any violation of this article may be enjoined by the city council through proper legal channels. Any person who violates this article shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. Each day a violation is permitted to exist shall constitute a separate offense. (Prior Code, § 601.1000; Ord. No. 116-18, 9-17-2016) Secs. 5-29—5-59. Reserved. § 5-25 PRIOR LAKE CODE CD5:10 ARTICLE III. HAZARDOUS AND DISEASED TREES Sec. 5-60. Policy and purpose. The presence of forest pests and shade tree pests, the presence of diseases and fungi, the loss or ill health of trees, the existence of hazardous trees, the failure to dispose of downed trees and the existence of limbs over streets and sidewalks substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stats. §§ 89.001, 89.01, and 89.51 through 89.64, the provisions of this article are adopted as an effort to control and prevent the spread of these forest pests and shade tree pests, to prevent the spread of diseases and fungi, and to provide for the removal of hazardous and diseased trees (Prior Code, § 602.100) Sec. 5-61. Authority. (a) City manager. The city manager has the authority to enforce every provision of this article. The city manager has the authority to seek from any court of competent jurisdiction an order directing immediate abatement of any public nuisance, hazardous or diseased tree. If the city manager determines that any nuisance, hazardous or diseased tree is an immediate danger to any person or property, the city manager may cause immediate abatement of the nuisance. (b) Local pest control. The city manager shall develop a program plan in compliance with Minn. Stats § 18G.13, and the regulations issued pursuant thereto, for the identification and control of diseased trees and shall be responsible for the making and maintenance of all records and reports related to the program. The city manager shall act as coordinator between the state commissioner of agriculture and the city in the conduct of this program. (c) Investigation and diagnosis. The city shall employ or retain suitably qualified persons, who shall be certified as tree inspectors by the state commissioner of agriculture. The tree inspectors shall inspect all premises and places within the city as often as practicable to determine whether any nuisance described in this article exists. The tree inspectors shall investigate all reported incidents of nuisance related to trees as set forth in this article. The tree inspectors shall, upon finding indications of pests, disease or fungi, take additional steps for diagnosis as may be appropriate, which may include analysis of twig samples from actively wilting branches, crown dieback, D-shaped exit holes, or other field symptoms as acceptable by the state department of agriculture. (d) Private property. City staff and contractors may enter upon private premises for the purpose of carrying out the duties assigned by this article. (e) Interference. No person shall interfere with any city staff or contractor while engaged in activities authorized by this article. (Prior Code, § 602.200) § 5-61HEALTH AND SANITATION CD5:11 Sec. 5-62. Nuisances declared. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by the person. Such nuisances shall be abated in the manner prescribed by this article. The following are public nuisances, wherever they may be found within the city: (1) Any living or dead tree, whether standing or fallen, or any part thereof which is infected to any degree with any injurious pest, insect, disease or fungi which can infect or harm other trees, shrubs or plants. (2) Any dead elm or oak tree or part thereof, including logs, branches, stumps and firewood or other material from which the bark has not been removed. (3) Any fallen tree or tree limb located on a street, sidewalk or boulevard and any tree which obstructs free passage of pedestrian or vehicle traffic. (4) All limbs of trees which are less than 12 feet above the surface of any street or sidewalk. (5) Any tree or portion of a tree which is determined to be a hazardous tree by the city manager or a tree inspector because it endangers the public health, safety or welfare. (Prior Code, § 602.300) Sec. 5-63. Abatement. (a) Authority of city manager. In abating or ordering the abatement of the nuisances defined in section 5-62, the city manager shall cause or order the nuisance tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the pest or disease, and shall cause or order removal of the hazard. Such abatement procedures shall be carried out in accordance with prescribed methods approved by the state commissioner of agriculture. (b) Standard abatement procedure. Whenever the city manager or a tree inspector determines with reasonable certainty that a public nuisance, as described by section 5-62, is being maintained or exists on premises in the city, the city manager is authorized to abate a public nuisance according to the following procedures: (1) The owner of record or occupant of the premises shall be notified in writing that a public nuisance exists and that the nuisance shall be terminated or abated. The notice must state that if the owner or occupant fails to remedy the nuisance within the time provided in the notice, the city will abate the nuisance at the expense of the owner or occupant. a. If the city manager or a tree inspector has determined that oak wilt is present, the affected trees shall not be trimmed or removed (other than for purposes of diagnosis by a tree inspector certified by the state commissioner of agriculture) except between the dates of November 1 and January 31 unless otherwise ordered by the city manager. § 5-62 PRIOR LAKE CODE CD5:12 b. For all other nuisances, the nuisance shall be abated within 20 days of the date on the notice unless otherwise ordered by the city manager. (2) The notice shall describe the nuisance and specify the measures to be taken to abate the nuisance. (3) The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. (4) If the measures prescribed in the notice of abatement are not complied with, the city manager shall have the authority to obtain permission or an administrative search warrant, enter the property, and carry out abatement in accordance with the notice of abatement. (c) Abatement procedure in event of imminent danger. If the city manager determines danger is imminent and delay in abatement measures may put public health, safety, or welfare in immediate danger, the city manager may provide for abatement without following the abatement procedures set forth in subsection (b) of this section. The city manager must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled city council meeting. (d) Abatement in emergency. Nothing in this article shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (e) Recovery of cost of abatement; liability and assessment. (1) The owner of a premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city finance director shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable to the finance department. (2) On or before September 1 of each year, the city finance director shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this article. The council may then spread the charges or any portion against the property involved as a special assessment under Minn. Stats. § 429.101 and other pertinent statutes for certification to the county auditor and collection in the following year along with current taxes. (Prior Code, § 602.400) Sec. 5-64. Reporting discovery of nuisance. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a public nuisance on such land caused by a tree as defined by this article shall report the same to the city. (Prior Code, § 602.500) § 5-64HEALTH AND SANITATION CD5:13 Sec. 5-65. Registration of tree care firms. Any person who provides tree care, tree trimming, or removal of trees, limbs, branches, brush, or shrubs for hire must be registered with the state commissioner of agriculture under Minn. Stats. § 18G.07. (Prior Code, § 602.600) Sec. 5-66. Oak tree trimming. Trimming of oak trees, other than those determined to be a nuisance pursuant to this article, is: (1) Prohibited from April 1 to June 30 of each year, except for safety or in conjunction with building activity on the site. (2) Permitted but not recommended from July 1 to October 31 of each year. (3) Recommended from November 1 to March 31 of each year. (Prior Code, § 602.700) Sec. 5-67. Violation; penalties. (a) Misdemeanor enforcement. Any person who violates any provision of this article is guilty of a misdemeanor and may be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 90 days. (b) Additional costs. Upon conviction, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (c) City officer or employee. The failure of any officer or employee of the city to perform any official duty imposed by this article shall not subject the officer or employee to the penalty imposed for a violation. (d) Other proceedings. In addition to any penalties provided for in this article, if any person fails to comply with any provision of this article, the city council or any official designated by it may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. (Prior Code, § 602.1000; Ord. No. 113-10, 8-17-2013) Secs. 5-68—5-92. Reserved. § 5-65 PRIOR LAKE CODE CD5:14 ARTICLE IV. PUBLIC NUISANCES Sec. 5-93. Public nuisance defined. Any condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public, or interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way or waters used by the public, is a public nuisance. (Prior Code, § 605.100) Sec. 5-94. Specific conditions and activities. (a) The following conditions are public nuisances whenever they may be found within the city: (1) Any weeds, litter (as that term is defined in section 5-19) (except in authorized containers), dirt, or any offal, ashes, manure, yard cleanings, dead animals, or any other foul or unhealthy material. (2) Fallen trees, fallen tree limbs, dead trees and dead tree limbs which in the opinion of authorized enforcement officers constitute a health, safety or fire hazard or threaten the public welfare. (3) Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage, stagnant water, vegetable matter, rodents or any other substance that is offensive, nauseous, dangerous or uncomfort- able to any person or to the neighborhood. (4) Failure to promptly pay all false alarm penalties as defined in section 7-109. (5) Allowing any soil or other debris to wash or erode from private property or construction sites onto the public street, drainage system, adjacent property, ponds, wetlands or lake system. (6) Failure to take appropriate measures to contain soil or sediment on a property or construction site from eroding as described in subsection (a)(5) of this section. (b) Anyone carrying on or working in any trade or employment which shall be dangerous to the public health, hurtful to the inhabitants of the city or injurious to neighboring property or from which noisome odors arise shall be guilty of a violation of this article if such person fails to cease and desist from such trade or employment within 48 hours from the time the city manager or authorized designee gives notice to such person to cease and desist. (Prior Code, § 605.200; Ord. No. 111-04, 5-7-2011; Ord. No. 114-17, 12-20-2014) Sec. 5-95. Permitting nuisance to exist. It is unlawful for any person to permit any public nuisance to remain on any premises owned or controlled by such person within the city. Such nuisances may be abated by the city in the manner prescribed by this article. (Prior Code, § 605.300) § 5-95HEALTH AND SANITATION CD5:15 Sec. 5-96. Abatement. (a) Removal by authority. In abating or ordering the abatement of the nuisances defined in this article, the city manager or authorized designee shall cause or order the nuisance to be removed. (b) Standard abatement procedure. Whenever the city manager or authorized designee determines with reasonable certainty that a public nuisance, as described by this article, is being maintained or exists on premises in the city, the city manager is authorized to abate a public nuisance according to the following procedures: (1) An owner of record or occupant of the premises shall be notified in writing that a public nuisance exists and that the nuisance shall be terminated or abated. The notice must state that if the owner or occupant fails to remedy the nuisance within the time provided in the notice, the city will abate the nuisance at the expense of the owner or occupant. (2) The nuisance shall be abated no later than the date specified on the notice unless otherwise ordered by the city manager or authorized designee. (3) The notice shall describe the nuisance and specify the measures to be taken to abate the nuisance. (4) The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. (5) If the required actions specified in the notice of abatement are not complied with, the city manager or authorized designee shall have the authority to obtain an administra- tive search warrant to enter the property and inspect the nuisance condition and to obtain a court order permitting the city to abate the nuisance. (c) Abatement procedure in event of imminent danger. If the city manager or authorized designee determines danger is imminent and delay in abatement measures may put public health, safety, or welfare in immediate danger, the city manager or authorized designee may provide for abatement without following the abatement procedures set forth in subsection (b) of this section. The city manager or authorized designee must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled city council meeting. (d) Abatement in emergency. Nothing in this article shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety on public or private property. (e) Recovery of cost of abatement; liability and assessment. (1) The owner of the premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city finance director shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable to the finance department. § 5-96 PRIOR LAKE CODE CD5:16 (2) On or before September 1 of each year, the city finance director shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this article. The council may then levy the charges or any portion against the property involved as a special assessment under Minn. Stats. § 429.101 and other pertinent statutes for certification to the county auditor and collection in the following year along with current taxes. (Prior Code, § 605.400; Ord. No. 114-17, 12-20-2014) Sec. 5-97. Posting placard on dangerous building. When a nuisance shall be such as to render the occupancy of any building or premises within the city dangerous or unhealthy, the city manager or authorized designee shall cause to be placed upon such building or premises a placard warning the public that such building or premises are unhealthy and should not be occupied until placed in a sanitary condition. Such placard shall be placed upon such building in cases where the nuisance is not abated within 36 hours after written notice to the owner or agent of such building or premises to abate such nuisance. (Prior Code, § 605.500) Sec. 5-98. Abatement by city. If, at the end of the period fixed for the abatement or removal of a public nuisance, the nuisance has not been abated or removed by the owner, agent or occupant, the city may cause the same to be abated or removed in any manner deemed appropriate. (Prior Code, § 605.600) Sec. 5-99. Securing vacant buildings. (a) Authority. Minn. Stats. § 463.251 grants cities the authority to secure buildings that are vacant and unoccupied and sets forth procedures for securing vacant buildings in non-emergency and emergency situations. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Secure includes, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting no trespassing signs, installing exterior lighting or motion-detecting lights, fencing the property, and installing a monitored alarm or other security system. Unoccupied building means a building which is not being used for legal occupancy. Unsecured building means a building or portion of a building that is open to entry by unauthorized persons without the use of tools. § 5-99HEALTH AND SANITATION CD5:17 Vacant building means a building or a portion of a building that meets one or more of the following conditions: (1) Vacant or unoccupied and foreclosed upon as identified by the county. (2) Unoccupied and windows or entrances to the premises are boarded up or closed off or multiple window panes are broken and unrepaired. (3) Unoccupied and doors to the premises are smashed through, broken off, unhinged, or continuously unlocked. (4) Unoccupied and gas, electric, or water service to the premises has been terminated. (5) Unoccupied and rubbish, trash, or debris has accumulated on the mortgaged premises. (6) Unoccupied and the police or sheriff's office has received at least two reports of trespassers on the premises or of vandalism or other illegal acts being committed on the premises. (7) Unoccupied and the premises are deteriorating and are either below or are in imminent danger of falling below minimum community standards for public safety and sanitation. (c) Securing vacant buildings, non-emergency situation. In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured, and the building could be made safe by securing the building, the city council may order the building secured and shall cause notice of the order to be served consistent with Minn. Stats. § 463.251, subd. 2. The notice must be served upon the owner of record of the premises or the owner's agent, the taxpayer identified in the property tax records for the parcel, the holder of the mortgage or sheriff's certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice. The notice is served by delivery or mail. Service by mail is complete upon mailing. The notice must be in writing and must include, at a minimum, a statement that: (1) Informs the owner and the holder of any mortgage or sheriff's certificate of the requirements found in Minn. Stats. § 463.251, subd. 3, that the owner or holder of the certificate has six days to comply with the order or provide the council with a reasonable plan and schedule to comply with the order and that costs may be assessed against the property if the person does not secure the building. (2) Informs the owner and the holder of any mortgage or sheriff's certificate that, within six days of the order being served, the person may request a hearing before the city council challenging the council's determination that the property is vacant or unoccupied and hazardous. (3) Notifies the holder of any sheriff's certificate of the holder's duty under Minn. Stats. § 582.031, subd. 1(b), to enter the premises to protect the premises from waste and trespass if the order is not challenged or set aside and there is prima facie evidence of abandonment of the property as described in Minn. Stats. § 582.032, subd. 7. § 5-99 PRIOR LAKE CODE CD5:18 (d) Action required. The owner of the building or the holder of the sheriff's certificate of sale has six days after the order is served to do one of the following: (1) Comply with the order; (2) Provide the council with a reasonable plan and schedule to comply with the order; or (3) Request a hearing before the city council to challenge the council's determination that the property is vacant or unoccupied and hazardous. If the owner or holder of the sheriff's certificate fails to take one of these actions within the allotted time, the city council shall have the building properly secured. (e) Securing vacant buildings, emergency situation. Pursuant to Minn. Stats. § 463.251, subd. 4, when the city manager or authorized designee determines an immediate danger exists with respect to the health or safety of persons in the community because a building is vacant and unoccupied and therefore deemed hazardous and immediate boarding and securing of a building is required, the city manager or authorized designee may waive all notice requirements herein and immediately board or otherwise secure the building, provided that: (1) The conditions the city manager or authorized designee is relying on to determine an immediate danger to the health and safety of persons in the community exist are documented in writing. (2) Notice is mailed immediately by the city manager or authorized designee to the owner of record of the premises, the taxpayer identified in the property tax records for the parcel, the holder of the mortgage or sheriff's certificate, and any neighbor- hood association for the neighborhood in which the building is located that has requested notice. (f) Collection of costs. All costs incurred by the city for securing a vacant building under this section may be charged against the real property as a special assessment pursuant to Minn. Stats. §§ 463.251, 463.21, and 463.151. (Prior Code, § 605.700) Sec. 5-100. Right of entry. The city manager or authorized designee shall enforce the provisions of this article. Where reasonable cause exists to believe a public nuisance as defined in section 5-93 exists, the city manager or authorized designee may enter the property to investigate whether there is a violation of this article. (Prior Code, § 605.800) § 5-100HEALTH AND SANITATION CD5:19 Sec. 5-101. Collection of abatement costs. All costs incurred by the city for the securing of a vacant building and for the abatement and removal of a public nuisance upon privately owned property may be charged against the real property as a special assessment pursuant to Minn. Stats. §§ 463.251, 463.21, and 463.151. (Prior Code, § 605.900; Ord. No. 111-06, 6-25-2011) Sec. 5-102. Noise. (a) Purpose. (1) The purpose of this section is to restrict noise by establishing maximum allowable levels of noise that may occur in the outdoor atmosphere; and to restrict or prevent certain activities that constitute a public nuisance because they emit noise which unreasonably annoys, disturbs, injures or endangers health, peace, safety, order or the general welfare, or which interferes with the enjoyment of public or private property. (2) To accomplish the purpose of this section, the city adopts and incorporates herein Minn. Stats. §§ 116.07 and 412.221, subds. 23, 24 and 32, and Minn. R. 7030.0010 to 7030.0080. These statutes and rules deal with the regulation of sound and the public welfare. (b) City responsibility for noise control. (1) The city is responsible, pursuant to Minn. Stats. § 116.07, subds. 2 and 4, and Minn. R. 7030.0030, for taking reasonable measures to prevent the establishment of land use activities listed in noise area classifications (NAC) 1, 2, or 3 in any location where the standards established in Minn. R. 7030.0040 will be violated immediately upon establishment of the land use. (2) The city may not establish noise standards which are more stringent than those set out in Minn. R. 7030.0040. (c) City authority to define nuisances. In addition to the responsibility of the city pursuant to Minn. Stats. §§ 116.07, subds. 2 and 4, and 412.221, the city council has the power provided for in Minn. Stats. § 412.221, subds. 23, 24 and 32 to adopt ordinances which: (1) Define nuisances and provide for their prevention and abatement; (2) Regulate noise or other disorder; and (3) Protect public and private property and promote health, safety, order, convenience, and the general welfare. (d) Definitions. The definitions provided below, defined elsewhere in this subsection, and defined in Minn. R. 7030.0020, shall apply to the terms used in this section. A-weighted means a specific weighting of sound pressure level for the purpose of determining the human response to sound. § 5-101 PRIOR LAKE CODE CD5:20 Daytime means the hours between 7:00 a.m. to 10:00 p.m. dB(A) means a unit of sound level expressed in decibels (dB) and A-weighted. Decibel means a unit of sound pressure level, abbreviated as dB. Impulsive noise means either a single sound pressure peak (with either a rise time of less than 20 milliseconds or total duration less than 200 milliseconds) or multiple sound peaks (with either rise times less than 200 milliseconds or total durations less than 200 milliseconds) spaced at least by 200 millisecond pauses. L10 means the sound level, expressed in dB(A), which is exceeded ten percent of the time in a one-hour survey. L50 means the sound level, expressed in dB(A), which is exceeded 50 percent of the time in a one-hour survey. Nighttime means the hours between 10:00 p.m. to 7:00 a.m. Noise area classification (NAC) means a matrix that groups land use activities into four categories based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity. Noise standards means the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. The noise standards established in Minn. R. 7030.0040 are consistent with speech, sleep, annoyance, and hearing conversa- tion requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in Minn. R. 7030.0050. Public nuisance has the same meaning in this subsection as it has in section 5-93. (e) Noise level standards and measurement procedures. (1) Noise levels. The noise level standards established in Minn. R. 7030.40 consider the types of noises, the frequency with which noises recur, the time period for which noises continue, the times of day during which noises occur, and such other factors as could affect the extent to which noises may be injurious to human health and welfare, animal or plant life, or property, or could interfere unreasonably with the enjoyment of life or property. The standards are objective rather than subjective. (2) Measurement procedures. The city will use the noise measurement procedure described in Minn. R. 7030.0060 when it conducts a noise test. The procedure sets out criteria for conducting sound measurement tests, including: a. Measurement location; b. Equipment specifications; c. Calibration; d. Measurement procedures; and e. Data documentation. § 5-102HEALTH AND SANITATION CD5:21 (3) Measurement parameters. Sound is measured within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements are made outdoors. (f) Impulsive or intermittent noise. The city will not conduct noise tests on impulsive noises or on non-stationary noise sources (trucks, motorcycles, snowmobiles, and other motorized vehicles) that operate on streets and roads within the city. (g) Nuisance noise. A nuisance or nuisance noise is a noise from a human activity or non-stationary source that occurs at an inappropriate time of day, is loud, raucous, unnecessarily long, or inconsistent with a reasonable person's expectation regarding the use and enjoyment of his or her property. The following activities are a nuisance or create a nuisance noise: (1) Unnecessary noise. a. No person, in any public or private place, may make or assist in making, by any manner or means, any loud, unpleasant, or raucous noise, including, but not limited to, a noise which exceeds 65 decibels as measured at any lot line of the property on which the noise originates (as the terms "lot line" and "property" are defined in section 10-50), disturbing to others, unless the noise is reasonably necessary to the preservation of life, health, safety or property. b. No person may use, operate, or permit the use or operation of any radio, television, musical instrument, musical device, sound-amplifying equipment, or other device for producing or reproducing sound when it creates noise so loud and unnatural in its time, place, use or operation as to annoy, injure, or endanger the safety, health, comfort, or repose of a reasonable person, including, but not limited to, a noise which exceeds 65 decibels as measured at any lot line of the property on which the noise originates (as the terms "lot line" and "property" are defined in section 10-50). (2) Noisy assembly. A noisy assembly is a gathering of two or more persons assembled in a residential or commercial area or building therein between the hours of 10:00 p.m. and 7:00 a.m. that produces or causes noise, regardless of the source, that unreasonably disturbs the peace, quiet, repose or enjoyment of property. An assembly at which noise exceeds 65 decibels as measured at any lot line of the property on which the noise originates (as the terms "lot line" and "property" are defined in section 10-50) shall be deemed a noisy assembly. It is unlawful for a person to: a. Participate in, visit, or remain at a gathering knowing or having reason to know that the gathering is a noisy assembly, except persons who have come to the gathering for the sole purpose of abating the disturbance. b. Knowingly permit real estate under their care or control to be used for a noisy assembly. § 5-102 PRIOR LAKE CODE CD5:22 (3) Excessive vehicle noise. For purposes of this subsection, the term "vehicle" means any motorboat; car, truck or other motor vehicle; motorcycle; all-terrain vehicle (ATV); snowmobile; or personal watercraft. The following uses, which are declared to be nuisances affecting public health, safety, peace, or welfare, are unlawful: a. The discharging of the exhaust or permitting the discharge of the exhaust of any internal combustion engine or of any vehicle, except through a muffler or other device that effectively prevents loud or explosive noise therefrom and complies with all applicable state laws and regulations. b. The use of a vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other excessive noise. c. Any unreasonably loud or excessive noise in the loading, unloading, or unpacking of any vehicle. d. Applying an engine brake or using an exhaust brake system (a practice commonly known as jake braking) when operating a vehicle when that use of brakes results in unreasonably loud or excessive noise. (h) Equipment and construction activity noise regulations. (1) Restricted activities. The following activities are only allowed on public or private property between the hours of 7:00 a.m. and 7:00 p.m., Mondays through Saturdays, and between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and legal holidays: a. Construction activity, including, but not limited to, operation, repair, servicing and engine start-up/warm-up of heavy construction equipment; loading and unloading of heavy equipment; and delivery of supplies; b. The use of any power tools for construction activity, including, but not limited to, saws jackhammers, nail drivers, impact wrenches, and air compressors; and c. Commercial repair and servicing of motor vehicles, recreational vehicles or other vehicles or equipment. (2) Earlier start-time permit. The city manager or manager's designee may grant a permit to allow construction activity to begin before 7:00 a.m., but no earlier than 6:00 a.m., where it is determined that to do so would be in the best interest of the public or city. The application shall include, together with other information requested by the city, a work plan outline, a narrative explaining why an earlier start time is needed to adhere to an accelerated or established project schedule, an assurance that an early start time permit is not being requested for the mere convenience of the contractor, and an explanation of the types of activities that will occur before 7:00 a.m. (3) Exemptions. The following activities are specifically exempted from the prohibitions under this subsection: a. Snow removal activities on public or private property; b. Parking lot maintenance or sweeping; and § 5-102HEALTH AND SANITATION CD5:23 c. Public improvement projects. In order to be exempt, an early start time permit in accordance with subsection (h)(2) of this section must be approved in advance and the city or other municipality responsible for the public improvement project must provide homes within the scope of the project area with notice of the project schedule. (i) Exceptions for residential maintenance. (1) The use of power lawn or landscape maintenance equipment, including, but not limited to, lawn mowers, hedge clippers, grass/weed trimmers, garden tillers, chainsaws, leaf blowers, or woodchippers, by individual homeowners or occupants is permitted between the hours of 7:00 a.m. and 9:00 p.m., Mondays through Saturdays, and between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and legal holidays. (2) The repair and servicing of personal motor vehicles, recreational vehicles or other vehicles or equipment by individual homeowners or occupants, in a manner consistent with the provisions of section 7-59, is permitted between the hours of 7:00 a.m. and 9:00 p.m., Mondays through Saturdays, and between the hours of 8:00 a.m. and 7:00 pm. on Sundays and legal holidays. (j) Emergency exceptions. Emergency situations are exempt from the operational limits of this section when immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from imminent exposure to danger are exempt from operational limits. (k) Complaints and violations. (1) Investigation of noise complaints. The city will investigate noise complaints as follows: a. The city code enforcement officer will have the primary responsibility for investigating complaints pertaining to noise from land uses and stationary sources. b. The city police department will have the primary responsibility for investigat- ing complaints pertaining to nuisance noise. (2) Exception. The police chief or designee shall determine if the police department has available resources to investigate a noise complaint at a given time. The city may not be able to investigate all noise complaints. (l) Noise testing. (1) The following criteria will be used to determine if and under what circumstances the city will conduct a noise study: a. The source of the noise, the number of times the noise has occurred, the day of the week and time of day the noise occurs, the duration of the noise, the number of times the city has received a complaint concerning the noise, the number of individuals that have complained about the noise, whether the city has § 5-102 PRIOR LAKE CODE CD5:24 investigated or conducted a test for the same noise at the same location within the preceding 12 months, whether the city can obtain written permission to enter the property of the complainant, and such other factors as the city manager determines are prudent. b. Based on an analysis of the criteria set out in subsection (l)(1)a of this section, the city may elect to conduct a noise test to determine whether the land use activity at the location of the receiver is within the noise standards allowed by Minn. R. 7030.40 based on the applicable noise area classification. c. Noise tests will comply with the measurement methodology set out in Minn. R. 7030.0060. d. To the extent that it is possible, and insofar as it is consistent with the above provisions, including the methodology set out in Minn. R. 7030.0060, the city will conduct noise tests at the same location and at the same time of day as the complained-of noise, the city will seek to secure the complainants confirmation that the test is being performed at the same location and time of day as the complained-of noise. (2) The results of the city's noise test shall be deemed accurate. If the complainant or the owner or operator of the property emitting the noise disputes the results of the city's noise test, the burden shall be on the complainant, owner or operator to provide the city with a noise test, conducted at their sole cost and expense, by an individual who has the requisite credentials to conduct the test as determined by the city, using the measurement methodology set out in Minn. R. 7030.0060. If the city is provided with the results of a noise test that shows that a violation of the noise standards has occurred when the city's test showed that one had not, or if the city is provided with the results of a noise test that shows that a violation of the noise standards has not occurred when the city's noise showed that one had, the city may cause a third noise test to be performed, at city expense, by an independent third party, which may be a consultant, an official from another city or county in the Greater Twin Cities metropolitan area or the state pollution control agency. The results of the third test shall be conclusive. The city will reimburse a complainant, owner, or operator who provides a test, but only if one of the following circumstances applies: a. The finding of the provided test (that a violation of the noise standards has or has not occurred) is confirmed by the third test; or b. As a result of the provided test, the city reverses its initial determination that a violation of the noise standards has or has not occurred. (3) The city will not offer reimbursement where the findings of the provided test confirm the city's determination, nor will it offer reimbursement where the findings of the third test confirm the city's initial determination. In addition, the city will not offer reimbursement to a complainant, owner, or operator for more than one test. The § 5-102HEALTH AND SANITATION CD5:25 amount of reimbursement offered shall not exceed the actual cost to the complainant, owner, or operator of the provided test, nor shall it exceed the amount that the city would generally pay for such a test and in any case shall not exceed $1,500.00. (4) Abatement plan. a. The owner or operator of the property where the land use activity is exceeding the NAC noise standards must, within 30 days' written notice of the noise standard violation, submit an abatement plan and schedule to the city identifying the remedial actions the property owner or operator will take to bring the noise level of the land use activity into compliance with the applicable noise standard. b. If the property owner fails to submit an abatement plan and schedule acceptable to the city, the city may proceed with enforcement of this section as provided for in section 5-96. (5) The city will not investigate subsequent complaints concerning the same source of a noise at the same location within 12 months of a previous investigation unless the facts and circumstances relating to the subsequent noise complaint demonstrate a significant change in circumstances. (Prior Code, § 605.1000; Ord. No. 112-03, 6-9-2012; Ord. No. 116-26, 12-17-2016) Secs. 5-103—5-132. Reserved. ARTICLE V. JUNK AND JUNK VEHICLES Sec. 5-133. Purpose. The council finds that junk and junk vehicles are an increasing problem in the city. The council finds that quick removal of junk and junk vehicles may assist in preventing encouragement of the deterioration of property and neighborhoods. The council further finds that junk and junk vehicles create a condition of blight which can result in the deterioration of property values and is inconsistent with the city's property maintenance goals and aesthetic standards. In addition, unless junk and junk vehicles are removed, other properties soon become the places for the storage of junk and junk vehicles. The council declares its intention to minimize and to quickly remove junk and junk vehicles to limit the adverse impact on city properties and neighborhoods. Junk and junk vehicles are declared to be public nuisances and public health and safety hazards for purposes of Minn. Stats. § 429.101, subd. 1(c) and Minn. Stats. § 429.021, subd. 1(8). (Prior Code, § 606.100) Sec. 5-134. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junk means any old, used, or secondhand material of any kind, including used motor vehicle parts of any kind, machinery of any kind or parts thereof, household furnishings or § 5-102 PRIOR LAKE CODE CD5:26 appliances, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or metal, or other article which, from its worn condition, is rendered practically useless for the purpose for which it was made and which is commonly classed as junk. Junk vehicle means any unlicensed, unregistered or inoperable motor vehicle, including automobiles, motorcycles, ATVs, snowmobiles, go-carts or any components or parts thereof. With regard to vehicles, the term "junk vehicle" means a vehicle that: (1) Is three years old or older; (2) Is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission; (3) Is apparently inoperable; (4) Does not have a valid, current registration plate; and (5) Has an approximate fair market value equal only to the approximate value of the scrap in it. (Prior Code, § 606.200) Sec. 5-135. Storage. It is unlawful for any person to place or maintain for keeping, storing, or piling, whether temporarily, irregularly, or continually, any junk or junk vehicles on private property unless the same is housed within a lawfully erected building. This section shall not apply to materials or vehicles stored on private property as part of a junkyard or salvage business permitted by city zoning regulations. (Prior Code, § 606.300) Sec. 5-136. Removal. (a) A property owner may ask the city to remove junk or junk vehicles from the owner's property before being ordered to do so following the abatement procedure set forth in this section through section 5-142. If the city agrees to remove the junk or junk vehicles, the city shall have the property owner or designated agent sign a release of liability form and a consent form authorizing the city or its agents to enter onto the property. The property owner shall be liable for any costs which the city incurs in removing the junk or junk vehicles. The city may collect the costs as a special assessment pursuant to Minn. Stats. § 429.101, subd. 1(c), if the property owner fails to reimburse the city upon request. (b) If an owner does not remove junk or junk vehicles and does not ask the city to remove junk or junk vehicles from the owner's property before being ordered to do so, the city may remove the junk or junk vehicles by following the abatement procedure set forth in sections 5-137 through 5-140. (Prior Code, § 606.400) § 5-136HEALTH AND SANITATION CD5:27 Sec. 5-137. City police to identify. (a) Based upon information received from the public or upon police observation, the city police shall investigate and identify junk and junk vehicles. After the police department has verified the existence of junk and junk vehicles, the police chief shall send a letter to the property owner by certified mail informing the property owner about the junk or junk vehicles and requesting the property owner to remove the junk or junk vehicles within a reasonable period of time which shall be less than 30 days, based upon consideration of weather conditions and other relevant factors. The police department shall verify whether the junk or junk vehicles have in fact been removed. (b) If the police department finds that the junk or junk vehicles have not been removed within the time allotted, the department shall contact the city clerk, who shall schedule a public hearing. The city clerk shall notify the affected property owner of the hearing date, the preliminary findings that junk or junk vehicles exist on the owner's property and that the council may after the hearing order the removal of the junk or junk vehicles by the property owner or the city's department of public works, and if the department has to remove the junk or junk vehicles, the costs will be assessed against the owner's property. (Prior Code, § 606.500) Sec. 5-138. Hearing. (a) At a hearing before the council, the council shall receive evidence from the police department and from any other persons with knowledge as to the existence of junk or junk vehicles. The property owner shall be entitled to be heard on all matters relating to junk or junk vehicles and the process of removal. The existence of junk and junk vehicles must be proven by a preponderance of the evidence. (b) If the council finds that junk or junk vehicles exist on private property, the council shall direct its removal in accordance with sections 5-139 and 5-140. The department of public works may authorize private contractors to handle junk and junk vehicle removal. (Prior Code, § 606.600) Sec. 5-139. Notice to owner. (a) Written order. In the event the city council finds that junk or junk vehicles exist upon private property, the city attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: (1) Contain a description of the real estate sufficient for identification. (2) Inform the owner that the city council has found junk or junk vehicles exist on the owner's property. (3) Request that the owner remove the junk or junk vehicles within a reasonable time as determined by the city council. (4) Inform the owner that a motion for summary enforcement of the order will be made to the county district court unless corrective action is taken within the time allotted § 5-137 PRIOR LAKE CODE CD5:28 or unless an answer is filed within 20 days from the date of service of the order. An answer to the order must be served in the manner of an answer in a civil action and must specifically deny such facts in the order as are in dispute. (b) Service of the order. The written order shall be served upon the owner of record or the owner's agent, if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or upon the structure and by four weeks' published notice in the official newspaper of the city or any legal newspaper in the county. If the owner cannot be found and the land is vacant of any structures, the order shall be served by four weeks' published notice in the official newspaper of the city or any legal newspaper in the county. (c) Filing of order. A copy of the order with proof of service shall be filed with the court administrator of the county district court not less than five days prior to the filing of a motion for enforcement of the order. (d) Default. If no answer is served, the city may move the court for the enforcement of the order. If such motion is made, the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the city may proceed with the enforcement of the order and specifically authorizing the city to enter the property to remove or abate the junk or junk vehicles. (e) Contested cases. If an answer is filed and served, further proceedings in the action shall be governed by the rules of civil procedure for the district courts. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the junk or junk vehicles must be removed in compliance with the original order as filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. (f) Enforcement of judgment. If the owner of record fails to comply with the judgment by failing to remove the junk or junk vehicles within the time prescribed, the city may enter the property and remove the junk or junk vehicles as set forth in the judgment. (Prior Code, § 606.700) Sec. 5-140. Costs to be assessed. (a) In the event the city removes the junk or junk vehicles, the costs of the removal may be a lien against the real estate on which the building or structure is located or recovered by obtaining a judgment against the owner of the real estate on which the building or structure is located. A lien may be levied and collected as a special assessment in the manner provided by Minn. Stats. §§ 429.061 to 429.081, but the assessment is payable in a single installment. § 5-140HEALTH AND SANITATION CD5:29 (b) The city shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses incurred in connection with its enforcement, including filing fees, service fees, publication fees, attorney fees, appraiser fees, witness fees, expert witness fees and traveling expenses incurred by the city from the time the order was originally made. The city shall report its action under the order with a statement of expenses incurred to the court for approval and allowance. The court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. (Prior Code, § 606.800) Sec. 5-141. Abatement civil in nature. The abatement of junk and junk vehicles described in section 5-140 shall not be treated as a misdemeanor nor shall it be criminal in nature. (Prior Code, § 606.900) Sec. 5-142. Penalties. In enforcing the provisions of this article, the police chief, the building official, the planning director, the city manager, or their assistants shall have the power to issue citations for violations of this article. In addition, any violation of this article may be enjoined by the city council through proper legal channels. This article may be enforced through the civil or criminal process at the discretion of the city council. Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not to exceed $700.00 for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (Prior Code, § 606.1000; Ord. No. 114-18, 12-20-2014) Secs. 5-143—5-167. Reserved. ARTICLE VI. PORTABLE TOILETS Sec. 5-168. Purpose. The purpose of this article is to preserve and protect the health, safety and general welfare of persons and the property in the city by regulating the location and maintenance of portable toilets and requiring a permit for their use and placement. (Prior Code, § 608.100) Sec. 5-169. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parks/open space means public passive or active recreation areas, including, but not limited to, parks, hiking trails, natural areas, wildlife areas, arboretums, open grass areas § 5-140 PRIOR LAKE CODE CD5:30 and tot lots, baseball diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools, fitness courses and driving ranges. For the purposes of this article, common areas owned and operated by homeowners' associations are also included in this definition. Portable toilet means a freestanding, movable toilet structure equipped with a watertight impervious container which receives waste discharged through a hopper, seat, urinal or similar device and into which container may be placed disinfecting or deodorizing chemicals. For the purposes of this article, the terms "portable toilet" and "chemical toilet" shall have the same meaning. (Prior Code, § 608.200) Sec. 5-170. Allowable use of portable toilets. Portable toilets may only be used to provide temporary bathroom facilities for special events, seasonal bathroom facilities on public and private parks and open recreational spaces, or as part of construction projects. In no case shall portable toilets be used as permanent sanitary facilities for residential or nonresidential uses or as secondary sanitary facilities on existing developed lots. (Prior Code, § 608.300) Sec. 5-171. General regulations. (a) Permit required. No person (hereinafter "individual") shall place or install a portable toilet in the city without first obtaining a permit. The following information shall be provided as part of the permit application forms provided by the city: (1) The owner of the property. (2) The owner of the portable toilets. (3) Dates during which toilets are to be provided. (4) Site plan identifying the proposed location of toilets. (5) Emptying and maintenance schedule and procedures. (6) Current license certificate and license number issued by the Minnesota Pollution Control Agency (MPCA). (b) Permit exemption. No permit shall be required in the following instances: (1) Community events. The placement of portable toilets on public property for com- munity events lasting up to seven calendar days. (2) Public road and utility projects. Portable toilets placed on public or private property in conjunction with public road and utility construction projects, as long as the location is approved by the city engineer. § 5-171HEALTH AND SANITATION CD5:31 (3) Private events. The placement of portable toilets on private property for private outdoor events lasting up to four days, as long as an outdoor events permit has been approved by the city. (4) Private development construction projects. Portable toilets placed on private property in conjunction with private development road and utility construction projects, or individual building projects, as long as the location is approved as part of the permit for the project. (5) Other projects. Any portable toilet placed on a site as part of a project which receives city review and approval. (c) Location and orientation. (1) Setback from residential property. Portable toilets shall be located at least 25 feet from any residential property line. (2) Setback from nonresidential property. Portable toilets shall be located at least ten feet from any nonresidential property line. (3) Setback from lake or stream. Portable toilets shall be set back at least 50 feet from the ordinary high-water elevation of any lake or stream. (4) Setback from wetlands. Portable toilets shall be located at least 30 feet from the edge of any wetland or pond and shall not be located within any required wetland buffer. (5) Orientation. Portable toilets shall be oriented in such a way that the opening or door faces away from any residential dwelling unit unless screened by a solid fence of at least six feet in height equipped with a door or screen wall which completely blocks the view of the portable toilet. (d) Screening. Any portable toilet located within parks and open space as defined herein and located less than 50 feet from a dwelling unit must be screened by a solid fence at least six feet in height. (e) Emptying and maintenance schedule. All portable toilets shall be emptied by a person engaged in the business of cleaning or emptying portable toilets and licensed by MPCA and recharged at a sufficient frequency to prevent the escape of offensive odors or spillage. Every individual engaged in the business of cleaning or emptying portable toilets shall use a suitable vehicle properly provided with watertight, completely closed tanks or boxes designed to prevent leakage onto the streets or highways and further designed to prevent the escape of offensive odors in the atmosphere. (Prior Code, § 608.400) Sec. 5-172. Penalty. Any person or business violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or 90 days in jail, or both. (Prior Code, § 608.500; Ord. No. 107.14, 7-28-2007) § 5-171 PRIOR LAKE CODE CD5:32 Secs. 5-173—5-197. Reserved. ARTICLE VII. PROPERTY MAINTENANCE Sec. 5-198. Findings and purpose. The purpose of this article is to establish standards that define the obligations of property owners to maintain the condition of their property, dwellings and structures on the property and personal property located on the property. The city council finds that property and structures that are not maintained are harmful to the general welfare of the residents in the area and are not conducive to the city's goals as set out in the vision and strategic plan. The city council believes it is necessary to establish property maintenance criteria and standards in order to: (1) Preserve the value of commercial and residential property within the city. (2) Protect the character and stability of neighborhoods within the city. (3) Provide for minimum standards of maintenance for commercial and residential property within the city and ensure compliance. (4) Establish a mechanism to cause correction to conditions on properties that do not comply with the standards of maintenance established herein. (5) Assist in the identification and correction of dangerous or life threatening conditions that may be identified within the city. (6) Provide a mechanism to mitigate potential public health issues identified within the city. (Prior Code, § 609.100) Sec. 5-199. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory structure means a use or a structure subordinate to the principal use or structure on the same land and customarily incidental thereto. Accessory buildings or structures shall include, but are not limited to, decks, porches, detached garages, and sheds. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. Buildings shall include, but are not limited to, dwellings, offices, warehouses, and stores. Firewood means split wood or unsplit wood logs cut into lengths not exceeding three feet for the purpose of burning in a fireplace or as a recreational fire on the property. Property means a legally described parcel of land, including, but not limited to, structures, parking lots, landscaping, lighting, signs and all other physical elements on the site and the § 5-199HEALTH AND SANITATION CD5:33 use, operation and functioning of these elements. The term "property" includes any developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory structures thereon. Structure means anything constructed or erected, the use of which requires a location on the ground. Structures include, but are not limited to, advertising signs, billboards, towers and fences greater than six feet in height, pavilions, gazebos, pergolas, trellises, retaining walls greater than four feet in height, and swimming pools. (Prior Code, § 609.200) Sec. 5-200. Building and structure appearance and maintenance requirements. Any property, building or structure, including an accessory structure, is a violation of this article and a public nuisance if its exterior does not comply with the following requirements: (1) The exterior of all buildings and structures shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the public health, safety or welfare of other property owners in the vicinity. (2) All buildings shall have complete siding. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, or falling or loose stucco or brick to prevent vermin, mold, rot, deterioration and other structural damage, and to protect the value of properties in the vicinity. (3) Graffiti. It shall be the responsibility of the owner to restore any exterior surface of any structure or building surface damaged, mutilated or defaced by any marking, carving or graffiti by removing such exterior markings. Such repair shall be completed within ten days after the defacement. (4) All doors, windows, and gutters shall be operable and maintained in good repair, shall fit within their frames and shall be free of open breaks or holes in order to prevent vermin, mold, rot, deterioration and other structural damage, to maintain energy conservation, and to protect the value of properties in the vicinity. (5) In all districts, fences, retaining walls and landscaping shall be maintained so as to prevent health hazards, or unsafe conditions. Fences, retaining walls and landscap- ing shall be free of open breaks or holes. (Prior Code, § 609.300) Sec. 5-201. Completion of exterior work and demolition projects. (a) Completion of exterior work. In accordance with Minn. R. 1300.0120, subpt. 11, every permit issued shall become invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official may grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing before the expiration date of the permit. The request for an extension shall include the reasons the permit holder was not § 5-199 PRIOR LAKE CODE CD5:34 able to meet the timelines in the permit. In order to grant an extension, the building official must find that an extension of the permit is justified due to circumstances beyond the control of the permit holder. (b) Demolition projects. All demolition projects that are not part of a new construction project shall be completed within 90 days of issuance of the demolition permit. Completion of work requires site cleanup, disposal of all material, and final grading and turf establishments. Prior to the expiration of the initial demolition permit, the permit holder may request in writing an extension to allow completion of the demolition work. The building official may authorize an extension beyond the initial 90-day period, upon a showing by the permit holder that the failure to complete the demotion project was due to circumstance beyond the control of the permit holder. The maximum extension may not exceed 30 days. (Prior Code, § 609.400) Sec. 5-202. Firewood and construction material storage; tree limb removal. (a) No wood or wood product, with the exception of firewood and construction materials, shall be kept or stored on property in a residential use district, except as provided for herein. (1) Construction materials for on-site work may be stored on the residential property if the property owner has a building permit for the on-site work. Construction and landscaping material shall be consumed or used on the property within the next 30 days and kept in a neat, workmanlike fashion. (2) Firewood may be stored in residential use districts solely for use on the premises and not for resale. (b) All firewood located on a residential lot shall be stored as follows: (1) Firewood shall be stored or kept in a neat and secure stack (maximum of two cords, defined as 128 cubic feet per cord) which shall be no higher than five feet. (2) No firewood shall be stored in the front yard. No firewood shall be stored within five feet of any rear or side property line unless the wood is stored in an accessory structure meeting all required structure setbacks. (3) The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin or stacked in a manner that presents a hazard by virtue of collapse. (c) Tree limbs, roots, and other brush shall be promptly removed from the property. (Prior Code, § 609.500) Sec. 5-203. Other outdoor storage. (a) Except as provided for in subsections (b) through (d) of this section or as specifically allowed within a use district established by chapter 10, all materials and equipment shall be stored within a structure. § 5-203HEALTH AND SANITATION CD5:35 (b) Clothesline poles and lines, play equipment, garden equipment, patio furniture, and trampolines shall not be considered outdoor storage. (c) Temporary storage pods used to store items during house remodeling may be kept on the driveway for a period not to exceed 90 days except by conditional use permit (CUP) application for major remodeling. (d) No pallets shall be stored on the property seven days after they are no longer used. (Prior Code, § 609.600) Sec. 5-204. Weeds. (a) Cutting and removal of grass and weeds. (1) It is unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the city to permit or maintain on any such lot or property or along the sidewalk, street or alley adjacent to the same, any growth of plants, grass, brush, or other weeds or vegetation which is horticulturally out of place to a height greater than 12 inches. This requirement does not apply to the following: a. Slopes greater than three feet horizontal to one foot vertical; b. A wetland, wetland buffer or floodplain designated on the official zoning map; c. A drainage pond, raingarden or ditch which stores or conveys stormwater; d. Maintained and weeded gardens, trees and shrub plantings; e. Property being used for agricultural purposes; and f. An area designated as a natural preserve by the city council. (2) The determination of what constitutes a natural preserve shall be made by the city council in its sole discretion. The city council shall consider the following factors in making its determination: a. Whether there are compelling reasons to preserve the property in its natural state; b. The zoning district of the city within which the property is located; and c. Whether any public safety or health problems may result if the area is designated a natural preserve. (b) Duty of owner, lessee or occupant to remove. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, brush or other poisonous or harmful vegetation as often as may be necessary to comply with the provisions of section 5-198. This subsection shall be enforced at all times between the established growing season of April 1 to November 1. § 5-203 PRIOR LAKE CODE CD5:36 (c) Undeveloped property. (1) All undeveloped lots shall maintain a 15-foot strip of trimmed vegetation to a height of not over 12 inches along any adjacent developed lots and any bordering city street. (2) Following the initial grading and seeding of an undeveloped lot, vegetation will be allowed to grow to the height necessary to establish a proper root system. (3) Exceptions: a. In residential use districts, this subsection will not apply to undeveloped property, provided the undeveloped property does not abut a developed lot containing a building or provided the undeveloped property is greater than one acre in size, and provided the lot is in compliance with the provisions of section 5-200(1). b. In commercial and industrial use districts, this subsection will not apply to undeveloped lots which are greater than one acre in size, provided the lot is in compliance with the provisions of section 5-200(1). The code enforcement officer may determine and require a wider strip of trimmed vegetation, depending on any unique conditions of the lot. (d) Work done by city. If the provisions of the foregoing subsections are not complied with, the city shall provide written notice of the violation and the actions required to remedy the violation. The city shall mail the notice to the owner of record of the property, as determined by the records of the county auditor, and shall post the notice on the door of the property (or, if the property is vacant, at another visible location on the property). If the violation is not remedied within the time provided by the notice, the city may enter upon the property and remedy the violation. The city may invoice the owner of record of the property for all of the costs of remedying the violation, including, but not limited to, inspection costs, administra- tion costs, and abatement costs. If the owner of record of the property fails to pay the costs as required by the invoice, the city may specially assess the costs against the property as provided for in Minn. Stats. § 429.101 or any other applicable authority. The assessment shall accrue interest at the rate of the bonding rate for the calendar year in which the assessment is adopted plus two percent beginning from the date of the adoption of the assessment except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof. The assessment and interest thereon shall be a lien against the property which shall be collected and paid in the same manner as other municipal taxes. (Prior Code, § 609.700; Ord. No. 116-17, 9-17-2016) Sec. 5-205. Penalty. Any person violating the terms of this article shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by state law. Each day the offending condition exists or is maintained upon the property shall constitute a separate offense. (Prior Code, § 609.800; Ord. No. 109-12, 9-19-2009) § 5-205HEALTH AND SANITATION CD5:37 Secs. 5-206—5-233. Reserved. ARTICLE VIII. COAL-TAR-BASED SEALER PRODUCTS Sec. 5-234. Purpose. (a) The purpose of this article is to regulate the use of coal-tar-based sealer products within the city in order to protect, restore, and preserve the quality of its waters. The city council has adopted a 2030 vision and strategic plan that places an emphasis on water quality and adopts a goal to preserve, protect and enhance water quality in the lakes, rivers, streams and other bodies of water in the city. The city has undertaken water quality maintenance practices to achieve that goal, including, but not limited to, cleaning and removing sediment from ponds, pioneering snow removal practices that eliminate or significantly reduce the need to apply salt to roadway surfaces, public education and outreach to citizens about managing water runoff as a means of keeping pollutants out of the lakes, banning the use of fertilizers that contain phosphorous, and adopting an infiltration and inflow ordinance to eliminate the direct discharge of residential stormwater into lakes. (b) The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of pavement sealers have demonstrated a relationship between stormwater runoff and certain health and environmental conditions, including the presence of polycyclic aromatic hydrocarbons, a known carcinogen. (c) The state pollution control agency has issued a report indicating that coal-tar-based sealcoat products are a source of polycyclic aromatic hydrocarbons (PAHs) in stormwater sediments. PAH is a known carcinogen. The runoff from parking lots and driveways coated with coal tar sealants can contain PAHs concentrations 65 times higher than uncoated pavements. Stormwater runoff carries the PAHs into stormwater ponds and water bodies, increasing the cost of cleaning the stormwater ponds substantially due to the special requirements for disposal of sediment containing PAHs. (Prior Code, § 610.100) Sec. 5-235. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Asphalt-based sealer means a petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Coal tar means a byproduct of the process used to refine coal. Coal-tar-based sealer means a sealer material containing coal tar and used as a sealer on asphalt and concrete surfaces, including a driveway or parking area. § 5-206 PRIOR LAKE CODE CD5:38 Polycyclic aromatic hydrocarbons (PAHs) means a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances that are present in coal tar and believed harmful to humans, fish, and other aquatic life. (Prior Code, § 610.200) Sec. 5-236. Prohibitions. (a) No person shall apply any coal-tar-based sealer to any driveway, parking lot, or other impervious surface within the city. (b) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal-tar-based sealer to any driveway, parking lot, or other impervious surface within the city. (c) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization, shall direct any employee, independent contractor, volunteer, or other person to apply any coal-tar-based sealer to any driveway, parking lot, or other impervious surface within the city. A person who owns property on which a coal-tar-based sealer is used is presumed to have used a coal-tar-based sealer in violation of this section. (Prior Code, § 610.300) Sec. 5-237. Sale of coal-tar-based sealer restricted. A person may not sell a coal-tar-based sealer product within the city. (Prior Code, § 610.400) Sec. 5-238. Asphalt-based sealcoat products. The provisions of this article shall only apply to use of coal-tar-based sealer in the city and shall not affect the use or sale of asphalt-based sealer products within the city. (Prior Code, § 610.500) Sec. 5-239. Penalty. Any person convicted of violating any provision of this article is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case. (Prior Code, § 610.600; Ord. No. 4-18-2011, 4-23-2011) § 5-239HEALTH AND SANITATION CD5:39 Chapter 6 MOTOR VEHICLES AND TRAFFIC Article I. In General Sec. 6-1. Statutes adopted by reference. Sec. 6-2. Unnecessary exhibition of speed. Sec. 6-3. Traffic signal preemption system (TSPS). Secs. 6-4—6-24. Reserved. Article II. Standing, Stopping and Parking Sec. 6-25. General parking regulations and restrictions. Secs. 6-26—6-55. Reserved. Article III. Snowmobiles Sec. 6-56. Definitions. Sec. 6-57. Traffic law applicable; authority of city council to restrict operation. Sec. 6-58. Time, manner and place of operation restricted. Sec. 6-59. Method of crossing streets and highways. Sec. 6-60. Equipment required. Sec. 6-61. Operation by underaged persons. Sec. 6-62. Signal from officer to stop. Sec. 6-63. Leaving snowmobile unattended. Sec. 6-64. Chasing animals forbidden. Sec. 6-65. Operation of snowmobiles while under the influence of alcohol or controlled substance. Sec. 6-66. Exemptions. Sec. 6-67. Enforcement. Sec. 6-68. Penalty. Secs. 6-69—6-94. Reserved. Article IV. Off-Road Vehicles and Combustion Engines Sec. 6-95. Definitions. Sec. 6-96. Operation of combustion engines; equipment. Sec. 6-97. Operation of off-road vehicles. Sec. 6-98. Competition motorcycles. Sec. 6-99. Applicability of provisions. Sec. 6-100. Prohibited operations. Sec. 6-101. Violation; penalty. Secs. 6-102—6-130. Reserved. Article V. Golf Carts, Utility Vehicles, and All-Terrain Vehicles Sec. 6-131. Purpose. Sec. 6-132. Definitions. Sec. 6-133. Permit. CD6:1 Sec. 6-134. Operating conditions. Sec. 6-135. Suspension or revocation of permit. Sec. 6-136. Exemption. Sec. 6-137. Violation; penalty. PRIOR LAKE CODE CD6:2 ARTICLE I. IN GENERAL Sec. 6-1. Statutes adopted by reference. (a) Incorporated provisions. The following regulatory provisions and definitions, except those provisions which by their nature have no application, are adopted by the city and incorporated in and made a part of this chapter as completely as if set out in full herein for the purpose of regulating the use of highways, streets and alleys within the city: (1) State traffic regulations, Minn. Stats. ch. 169. (2) Driver's license regulations, Minn. Stats. ch. 171. (3) Additional vehicle-related definitions, Minn. Stats. § 168.002. (4) Minn. Stats. §§ 84.81 through 84.89 and Minn. Stats. ch. 169. (b) Variance. A variance for any provision of this section may be granted by the police chief for a one-day period with advance notification from any individual residing within the city. (c) Penalty. Any violation of the statutes adopted by reference is a violation of this chapter if it occurs within the city. Any person violating any provision of this chapter shall, upon conviction thereof, be guilty of a misdemeanor. (Prior Code, § 901.100) Sec. 6-2. Unnecessary exhibition of speed. (a) It is unlawful for any person to start or accelerate any vehicle with an unnecessary exhibition of speed on any public or private way, road or parking lot within the corporate limits of the city. (b) Prima facie evidence of such unnecessary exhibition of speed shall be fishtailing or unreasonable squealing or screeching sounds emitted by the tires of the vehicle. With respect to two- or three-wheeled motorized vehicles, prima facie evidence of violation of this section shall include the unnecessary removal of the front tire with ground or road contact by the operator of the vehicle. (c) Any person violating the terms of this section shall, upon conviction thereof, be guilty of a misdemeanor. (Prior Code, § 901.400) Sec. 6-3. Traffic signal preemption system (TSPS). (a) Defined. For the purpose of this section, the term "TSPS" means traffic signal preemption system, a traffic control system designed to aid emergency vehicles by controlling traffic movements through signalized intersections. The TSPS uses pulsating light to control traffic signals. When activated, the TSPS either holds a green light for the approaching emergency vehicle or changes the lights to provide a green light to the emergency vehicle. § 6-3MOTOR VEHICLES AND TRAFFIC CD6:3 (b) Operation generally. Except as otherwise specifically permitted and authorized, no person may operate or attempt to operate a TSPS by any means whatsoever. No person as owner or operator of a vehicle shall permit the installation or possession of any TSPS equipment or equipment capable of operating the TSPS in or upon a vehicle. (c) Permitted operation. Operation of the TSPS is permitted by emergency vehicles while responding to emergencies and by state, county, and city maintenance workers while repairing or testing the TSPS. All repairs and tests shall be coordinated and pre-approved by the police chief. (d) Penalty. Any person who violates the terms of this section shall, upon conviction thereof, be guilty of a misdemeanor. (Prior Code, § 901.500; Ord. No. 01-14, 12-15-2001) Secs. 6-4—6-24. Reserved. ARTICLE II. STANDING, STOPPING AND PARKING Sec. 6-25. General parking regulations and restrictions. (a) Angle parking. Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs, with the right front tire within 12 inches of the curb or curbline. There shall be no parallel parking in any area marked or signed for angle parking. (b) Prohibited parking. No vehicle, except authorized emergency vehicles or vehicles parked temporarily for the delivery of merchandise, shall stop, stand, or park at any place where prohibited by permanent or temporary signs placed by the city police department or city public works department or where the curbing adjacent to the roadway is painted yellow. (c) Public parking lots. It is unlawful to park or leave a vehicle within a public parking lot except at a designated parking area or contrary to the restrictions or regulations imposed for parking on such property. (d) Display for sale. No person shall stop, stand or park a vehicle on any public property, street or within a public right-of-way for the purpose of displaying it for sale or exchange. A vehicle shall be deemed to be in violation of this section when found stopped, standing or parked on a street bearing a sign indicating that it is for sale or exchange. (e) General time limit for parking. No person shall park a vehicle or permit it to stand upon any street in any one place for a longer continuous period than 48 hours. (f) Washing, greasing, repairing. No person shall wash, grease or repair a vehicle upon a street, except such repairs that are necessitated by an emergency. § 6-3 PRIOR LAKE CODE CD6:4 (g) Winter parking restrictions. In order to expedite the prompt and efficient removal of snow from city streets, the following vehicle parking restrictions apply: (1) It is unlawful for any person to stand or park any vehicle or permit any vehicle to stand on any public street any time after a continuous or intermittent snowfall, wind or weather condition has resulted in an accumulation of snow of two inches or more in depth on any public street within the city until the street is plowed to the full width of the street. (2) It is unlawful for any person to stand or park any vehicle or permit any vehicle to stand on any public street within the city between the hours of 2:00 a.m. and 6:00 a.m. from November 1 until March 31 of the following year. (3) The city manager may declare a snow emergency. If the city manager has issued a snow emergency, it is unlawful for any person to stand or park any vehicle or to permit any vehicle to stand on any public street until the snow has been plowed or removed to the full width of the street. Snow emergencies will be communicated through the city website, local radio, local television news, and cable television. (4) Any vehicle parked in violation of this section may be towed pursuant to Minn. Stats. § 168B.035. (h) Winter shoreline parking restrictions. In order to prevent damage to shoreline or beach and damage to water quality resulting from shoreline erosion, it is unlawful for any person to stop, stand or park any vehicle or permit it to stand on land that is shoreward 20 feet from the point where the ice begins on any lake. This restriction will remain in effect from November 1 until March 31 of the following year. (i) Parking of commercial motor vehicles on residential street. It is unlawful for any person to park any commercial motor vehicle or trailer on any residential street or within any right-of-way in the city, except temporarily while loading, unloading or rendering a service. Any person violating the terms of this subsection shall, upon conviction, be found guilty of a misdemeanor. (j) Parking of unattached trailers, house trailers prohibited. No person shall stop, stand or park a trailer which is not attached to a properly licensed and insured vehicle on any street or highway except as otherwise specifically exempted by this chapter or state law. For the purposes of this section, the phrase "not attached" means a trailer that is not attached to a vehicle in such a manner that the vehicle and trailer can immediately be operated in a safe and legal manner without further attachment. (k) Parking of recreational vehicles. No person shall, for camping purposes, leave, park, occupy or otherwise reside in a recreational vehicle or travel trailer on any public property, street or the right-of-way thereof. (l) Duty to lock ignition, remove key. Every person parking a passenger automobile on a street in the city shall lock the ignition, remove the key and take the same with him/her. § 6-25MOTOR VEHICLES AND TRAFFIC CD6:5 (m) Rule of evidence. The presence of any vehicle on any street or other public area when standing, stopping or parking is in violation of the section is prima facie evidence that the owner of the vehicle committed or authorized the commission of the violation. (n) Violation; penalty. Any person who violates this section, except as otherwise specified herein, shall be guilty of a petty misdemeanor. (Prior Code, § 901.200; Ord. No. 107-09, 4-25-2007; Ord. No. 110-07, 12-11-2010) Secs. 6-26—6-55. Reserved. ARTICLE III. SNOWMOBILES Sec. 6-56. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Operate means to ride in or on and control the operation of a snowmobile. Operator means every person who operates or is in actual physical control of a snowmobile. Owner means a person, other than a lienholder, having the property in or title to a snowmobile entitled to the use or possession thereof. Right-of-way means the entire strip of land traversed by a street or highway in which the public owns the fee or an easement for roadway purposes. Roadway means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. Safety or deadman throttle means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Snowmobile means a self-propelled vehicle originally manufactured and designed for travel on snow or ice steered by skis or runners. The term "snowmobile" does not include the following vehicles equipped with aftermarket ski and track configurations: (1) An all-terrain vehicle defined in Minn. Stats. § 84.92; (2) An off-highway motorcycle defined in Minn. Stats. § 84.787; (3) An off-road vehicle defined in Minn. Stats. § 84.797; (4) A mini truck defined in Minn. Stats. § 169.011; (5) A utility task vehicle described in Minn. Stats. § 169.045; or (6) Any other vehicle being operated off road. § 6-25 PRIOR LAKE CODE CD6:6 Street or highway means the entire width between boundary lines or any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. (Prior Code, § 902.100) Sec. 6-57. Traffic law applicable; authority of city council to restrict operation. Traffic regulations in this Code apply to the operation of snowmobiles upon streets and highways. In addition, the city council may, by resolution, following a published notice, prohibit the operation of snowmobiles within the right-of-way of the public roads or streets or other areas within the city when, in the opinion of the city council, the public safety and welfare so require. (Prior Code, § 902.200) Sec. 6-58. Time, manner and place of operation restricted. (a) Applicability. Except as otherwise specifically permitted and authorized, no person may operate a snowmobile within the limits of the city in the manner, in the places, or under the circumstances provided in this section. (b) County Highway 13. Snowmobiles may be operated in the ditch along the outside bank but may not be operated on the roadway surface except to cross at right angles. (c) Other county roads. Snowmobiles may be operated in the ditch along the outside bank but may not be operated not the roadway surface except to cross at right angles. Where curbs or sidewalks exist and no ditch exists, travel is not allowed on the roadway surface. (d) Main Avenue. Snowmobiles may not be operated on Main Avenue except to cross at right angles. (e) Other city streets. Snowmobiles may be operated on city streets, except Main Avenue, in single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. When using city streets, a snowmobile may travel at a speed not greater than ten miles per hour. (f) Sidewalks and pedestrian trails. Snowmobiles may not be operated on any sidewalk or pedestrian trail unless specifically designated for snowmobiling within the city. (g) School, church and cemetery property. Snowmobiles may not be operated on any school property, church property or within a cemetery. (h) City parks and recreation areas. Snowmobiles may not be operated within the boundaries of Lakefront or Sand Point Community Park other than on trails, roadways or in parking areas designated within the park for snowmobile traffic. (i) Public bike paths. Snowmobiles may not be operated on a public bike path, unless it is posted with signs authorizing the use of snowmobiles. § 6-58MOTOR VEHICLES AND TRAFFIC CD6:7 (j) Private property. Snowmobiles may not be operated on property not owned by the operator without the written or oral permission of the owner, occupant, or lessee of such lands. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed such as by reading "snowmobiles allowed," or other words substantially similar. (k) Damage to trees or other plantings. Snowmobiles may not be operated in any tree nursery or planting in a manner which damages or destroys growing stock. (l) Towing persons or vehicles. Except in a health-related emergency, snowmobiles may not be used to tow any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rest of the snowmobile. (m) Speed-restricted areas. Snowmobiles may not be operated at a speed greater than ten miles per hour on city streets and when within 100 feet of any lakeshore, person, ice houses or skating rinks; nor shall operation be permitted within 100 feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. (n) Excessive noise. Snowmobiles may not be operated in a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (o) Reckless operation. Snowmobiles may not be operated at any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. (p) Restricted hours. There shall be no snowmobiling between the hours of 11:00 p.m. through 7:00 a.m., except that on Friday and Saturday evenings and New Year's Eve evening, snowmobiling shall be allowed until 2:00 a.m. of the following day. (q) Exception for emergencies. Notwithstanding any prohibition in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (Prior Code, §§ 902.300, 902.400; Ord. No. 109-13, 10-31-2009) Sec. 6-59. Method of crossing streets and highways. A snowmobile may make a direct crossing of a street or highway if: (1) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; (3) The operator yields the right-of-way to all oncoming traffic and pedestrians which constitute an immediate hazard; § 6-58 PRIOR LAKE CODE CD6:8 (4) In crossing a divided highway, the crossing is made only at an intersection or such highway with another public street or highway; and (5) The snowmobile has both front and rear lights on. (Prior Code, § 902.400) Sec. 6-60. Equipment required. No person may operate a snowmobile any place within the city unless it is equipped with the following: (1) Standard muffler which is in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise as set forth in Minn. R. 6100.5700, subpt. 5. No person shall use a muffler cutout, bypass, straight pipe or similar device on the snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. This requirement shall not apply in the case of an organized race or similar competitive event as provided under Minn. Stats. § 84.871. (2) Brakes adequate to control the movement of and to stop and hold the snowmobile track under any conditions of operation. (3) At least one headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. The light must be turned on and operating when the vehicle is operated. (4) At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions. (5) Reflector material of a minimum area of 16 square inches mounted on each side forward of the handlebars. Reflector material shall have at least the minimum intensity values as prescribed in Table II of Federal Specifications L-S-300A, dated January 1, 1970. Registration numbers, the manufacturer's trade name, or other decorative material, if meeting minimum reflectorization standards, may be included in computing the required 16-square-inch area. (6) A safety or so-called deadman throttle in operating condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. (7) Any sled, trailer, or other device being towed by a snowmobile during the hours of darkness under normal atmospheric conditions must be equipped with unobstructed and visible reflective materials mounted on each side and at the rear of the sled, trailer, or device which has at least the minimum intensity values set forth in Minn. R. 6100.5700, subpt. 2(B). (Prior Code, § 902.500) § 6-60MOTOR VEHICLES AND TRAFFIC CD6:9 Sec. 6-61. Operation by underaged persons. (a) No person under 14 years of age may operate a snowmobile on streets or highways or make a direct crossing of a street or highway within the city. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this article. (b) A person 14 years of age or older but less than 18 years of age may operate a snowmobile on streets or highways as permitted under this article and make a direct crossing of a street or highway only if the operator has in immediate possession a valid snowmobile safety certificate issued by the commissioner of natural resources or a valid motor vehicle operator's license issued by the commissioner of public safety or the driver's license authority of another state. (Prior Code, § 902.600) Sec. 6-62. Signal from officer to stop. No person may operate a snowmobile in the city, after having received a visual or audible signal from any law enforcement officer to come to a stop, to: (1) Operate a snowmobile in willful or wanton disregard of such signal; (2) Interfere with or endanger the law enforcement officer or any other person or vehicle; or (3) Increase speed or attempt to flee or elude the officer. (Prior Code, § 902.700) Sec. 6-63. Leaving snowmobile unattended. No person may leave a snowmobile in a public place without first locking the ignition, removing the key and taking the same with them. (Prior Code, § 902.800) Sec. 6-64. Chasing animals forbidden. No person may intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. (Prior Code, § 902.900) Sec. 6-65. Operation of snowmobiles while under the influence of alcohol or controlled substance. It is a violation of state law for any person to operate or to be in physical control of any snowmobile in the city while under the influence of alcohol or a controlled substance or under the influence of a combination of alcohol and a controlled substance. The definition and regulatory provisions of Minn. Stats. chs. 169 and 84 are incorporated herein and adopted by reference, including the penalty provisions thereof. (Prior Code, § 902.1000) § 6-61 PRIOR LAKE CODE CD6:10 Sec. 6-66. Exemptions. Licensed peace officers shall be exempt from the restrictions of this article while operating a snowmobile in the proper performance of their duties. (Prior Code, § 902.1100) Sec. 6-67. Enforcement. The county sheriff's department and persons selected and trained by the police depart- ment shall be responsible for the enforcement of this article. (Prior Code, § 902.1200) Sec. 6-68. Penalty. Any person who violates the terms of this article shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished in accordance with the penalties established by state laws. (Prior Code, § 902.1300; Ord. No. 109-13, 10-31-2009) Secs. 6-69—6-94. Reserved. ARTICLE IV. OFF-ROAD VEHICLES AND COMBUSTION ENGINES Sec. 6-95. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Combustion engine means any engine burning or consuming fuel for its source of power, to include, by way of example, but not by limitation, such engines as the internal combustion piston engine, gas and diesel, two or four cycles, the Wankel rotary engine and gas and diesel turbine engines. Off-road vehicle means any vehicle which is capable of and is being operated off the public roadway, to include, by way of example, but not by limitation, motorcycles, dirt bikes, all-terrain vehicles, tractors, and four-wheel drive jeep-type vehicles. It is further specified that an off-road vehicle shall not include a snowmobile. (Prior Code, § 903.100) Sec. 6-96. Operation of combustion engines; equipment. (a) No combustion engine, except a chainsaw, shall be operated within the city without a muffler to effectively muffle the exhaust noise of the engines. The engines must have standard mufflers securely attached and not readily disconnected and must remain in constant operation and must reduce the noise of the operation of the motor to the minimum § 6-96MOTOR VEHICLES AND TRAFFIC CD6:11 necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or tuned exhaust, and the exhaust system shall not emit or produce a sharp popping or cracking sound. (b) No chainsaw shall be operated within any plat or residential area except to trim, fell or cut up trees or wood on the premises intended to be used personally by the property owner. The importation of trees, wood or logs into such a platted residential area for chainsawing for commercial purposes is prohibited. (Prior Code, § 903.200) Sec. 6-97. Operation of off-road vehicles. (a) No off-road vehicle shall be operated within 300 feet of any residence, dwelling, farmstead, barn or cattle lot unless it is on a public roadway, properly equipped, licensed and operated by a duly licensed operator in accordance with Minn. Stats. ch. 169. (b) No off-road vehicle may be operated on public property other than a public roadway or on private property without the written permission of the owner or possessor of land on which it is being operated. A recognized motorcycle club may, by prearrangement with the city council, receive a written permit from the city council to operate their vehicles off road. (c) No motorcycle races or races between off-road vehicles will be permitted anywhere in the city without a written permit from the city council. (Prior Code, § 903.300) Sec. 6-98. Competition motorcycles. (a) Purpose. The unrestricted use of 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. (b) Definition. The term "competition motorcycle" means any motorcycle that is designed and marketed solely for use in closed course competition events and is subject to the labeling requirements of 40 CFR 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." (c) Operation of competition motorcycles. No 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. (Prior Code, § 1160.100) Sec. 6-99. Applicability of provisions. (a) Operation of a gasoline or combustion engine any time other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays and between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and legal holidays shall be illegal without a written permit from the city. § 6-96 PRIOR LAKE CODE CD6:12 (b) Nothing in this article shall be intended as a prohibition against the operation of legitimate farm machinery, snow removal equipment, construction equipment, lawn mowers, garden tractors, gasoline-powered cement mixers, air compressors or similar equipment; provided, however, that such operation is consistent with the provisions of sections 5-102 and 7-59. Further, nothing in this article shall be intended as a prohibition against the operation of legitimate on-road motor vehicles, motorcycles, or other modes of transportation or conveyance. (Prior Code, § 903.400) Sec. 6-100. Prohibited operations. (a) The operation of any combustion engine for purposes of harassment of any resident of the city is prohibited, and no such engine shall be operated so as to create load and excessive noise or in any way to unduly disturb the peace and privacy of the residents of the city in such a manner as to create a public nuisance thereby. (b) It is illegal to operate any combustion engine or off-road vehicle in a careless, reckless or negligent manner so as to endanger any person or property of another or to cause injury or damage thereto. (c) It is illegal to operate any off-road vehicle while under the influence of intoxicating liquor, narcotics or habit-forming drugs. (d) No person shall permit the use of their premises or property for the operation of any off-road vehicle or combustion engine in violation of the provision of this article or state law. The owner or person in possession of the premises shall be deemed to have permitted the use, as specified in this section, if he or she has granted written permission to the operator or a minor child is operating a combustion engine or off-road vehicle on private property in violation of this article. (Prior Code, § 903.500) Sec. 6-101. Violation; penalty. Any person violating the terms of this article shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by state law. (Prior Code, § 903.600) Secs. 6-102—6-130. Reserved. § 6-130MOTOR VEHICLES AND TRAFFIC CD6:13 ARTICLE V. GOLF CARTS, UTILITY VEHICLES, AND ALL-TERRAIN VEHICLES Sec. 6-131. Purpose. Pursuant to its authority under Minn. Stats. § 169.045, the city authorizes the operation of motorized golf carts, all-terrain vehicles, utility task vehicles and mini trucks on designated roadways as permitted under this article. (Prior Code, § 904.100) Sec. 6-132. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: All-terrain vehicle means a motorized vehicle with: (1) Not fewer than three but not more than six low-pressure or non-pneumatic tires; (2) A total dry weight of 2,000 pounds or less; and (3) A total width from outside of tire rim to outside of tire rim that is 65 inches or less. The term "all-terrain vehicle" includes a Class 1 all-terrain vehicle and Class 2 all-terrain vehicle. The term "all-terrain vehicle" does not include a golf cart, mini truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes. Designated roadways means the roadways on which the off-road vehicle may operate which, for purposes of this article, are all public streets under city jurisdiction with speed limits of 35 miles per hour or less. Mini truck means a motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in 49 CFR 571.101 to 571.404 and successor requirements. The term "mini truck" does not include: (1) A neighborhood electric vehicle or a medium-speed electric vehicle; or (2) A motor vehicle that meets or exceeds the regulations in 49 CFR 571.500 and successor requirements. Motorized golf cart means a self-propelled vehicle of the type and style designated for and commonly used by patrons of golf courses, including three- or four-wheeled vehicles § 6-131 PRIOR LAKE CODE CD6:14 specifically designed for disability mobility equipped with the proper slow-moving vehicle signage and rearview mirrors. The term "motorized golf cart" specifically excludes vehicles commonly known as all-terrain vehicles or ATVs. Off-road vehicle means motorized golf carts, all-terrain vehicles, utility task vehicles and mini trucks. Utility task vehicle means a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds. (Prior Code, § 904.200) Sec. 6-133. Permit. (a) Required. No off-road vehicle may be operated on designated roadways or any public right-of-way or public property without first obtaining a permit from the city. (b) Application. Every application for an off-road vehicle permit must be made on a form supplied by the city. (c) Fees. The city council may establish a fee for a permit which fee shall be specified in the city fee schedule. (d) Term of permit. Permits are effective for three calendar years beginning January 1 and ending December 31 and may be renewed. (e) Insurance required. The applicant must provide evidence of insurance complying with the provisions of Minn. Stats. § 65B.48 with the permit application. (Prior Code, § 904.300) Sec. 6-134. Operating conditions. (a) Designated roadways. Off-road vehicles may only be operated on designated roadways. (b) Prohibited operation. The operation of off-road vehicles is expressly prohibited on all public bike trails, walking trails and sidewalks except in the case of the signed ADA access from Kop Parkway to Watzl's Beach. (c) Time of operation. Off-road vehicles may only be operated on the designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. (d) Slow-moving emblem and rearview mirrors. (1) Off-road vehicles must display the slow-moving emblem as described in Minn. Stats. § 169.522 when operated on designated roadways. (2) Off-road vehicles must be equipped with a rearview mirror. § 6-134MOTOR VEHICLES AND TRAFFIC CD6:15 (e) Crossing intersecting highways. Off-road vehicles may cross any street or highway at signalized intersections. (f) Application of traffic laws. Every person operating an off-road vehicle on designated roadways has all the rights and duties applicable to the driver of any other vehicle under Minn. Stats. ch. 169 except when those provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in Minn. Stats. § 169.045, subd. 7. (g) Insurance required. Every off-road vehicle operator shall have proof of insurance in possession while operating the off-road vehicle on designated streets and shall produce such proof of insurance on demand of a police officer as specified in Minn. Stats. § 169.791. (Prior Code, § 904.400) Sec. 6-135. Suspension or revocation of permit. (a) Generally. A permit may be suspended or revoked at any time by the city manager or designee if the permittee has violated any of the provisions of this article or of Minn. Stats. ch. 169 or if there is evidence the permittee cannot safely operate the off-road vehicle on the designated roadways. The city manager or designee will determine if the permit should be suspended or revoked after providing the permittee with five days' written notice and considering any information provided by the permittee. Any police officer may temporarily suspend a permit prior to the hearing if, in the police officer's professional judgment, public safety would otherwise be endangered. (b) Appeal of permit revocation. A permittee may appeal the decision of the city manager or designee to revoke or suspend a permit to the city council. Such an appeal must be filed in writing within five business days of the city manager's decision. The city council will conduct an appeal hearing to determine if the revocation or suspension should be sustained. (Prior Code, § 904.500) Sec. 6-136. Exemption. The city manager or designee may waive the requirements of this article for the operation of off-road vehicles as part of a community event, as defined in chapter 4, article XIII. (Prior Code, § 904.500) Sec. 6-137. Violation; penalty. Any person violating the terms of this article may have his/her permit to operate an off-road vehicle in the city suspended or revoked as set forth in section 6-135. In addition, any person violating the terms of this article shall, upon conviction of any such violation, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by state law. (Prior Code, § 904.700; Ord. No. 121-04, 5-1-2021) § 6-134 PRIOR LAKE CODE CD6:16 Chapter 7 PUBLIC SAFETY Article I. In General Secs. 7-1—7-18. Reserved. Article II. Animals Sec. 7-19. Purpose. Sec. 7-20. State statutes adopted. Sec. 7-21. Definitions. Sec. 7-22. Limitations on keeping of animals generally. Sec. 7-23. Keeping farm animals. Sec. 7-24. Keeping traditional pets. Sec. 7-25. Interference with officer; breaking into animal control facility. Sec. 7-26. Bites and rabies. Sec. 7-27. Nuisance. Sec. 7-28. Impoundment. Sec. 7-29. Potentially dangerous and dangerous dogs. Sec. 7-30. Animals on public lands. Sec. 7-31. Enforcement and penalty. Secs. 7-32—7-50. Reserved. Article III. General Offenses Sec. 7-51. Criminal code adopted. Sec. 7-52. Disorderly conduct. Sec. 7-53. Obscenity. Sec. 7-54. Prostitution. Sec. 7-55. Disorderly houses. Sec. 7-56. Use and possession of racing, stock and junk cars. Sec. 7-57. Curfew. Sec. 7-58. Injury to city property. Sec. 7-59. Social hosting. Sec. 7-60. Abandoning motor vehicle. Sec. 7-61. Penalty. Sec. 7-62. Possession of catalytic converters. Sec. 7-63. Use of cannabis products in public. Secs. 7-64—7-84. Reserved. Article IV. Dangerous Weapons Sec. 7-85. Declaration of policy. Sec. 7-86. Definitions. Sec. 7-87. State law adopted. Sec. 7-88. Discharge of a dangerous weapon. Sec. 7-89. Penalty. Secs. 7-90—7-106. Reserved. CD7:1 Article V. False Alarms Sec. 7-107. Purpose. Sec. 7-108. Definitions. Sec. 7-109. Fees; determination; collection. Sec. 7-110. Suspension of police/fire response. Secs. 7-111—7-133. Reserved. Article VI. Fire Code Sec. 7-134. State fire code adopted; definitions. Sec. 7-135. Open burning permit. Sec. 7-136. Penalty. PRIOR LAKE CODE CD7:2 ARTICLE I. IN GENERAL Secs. 7-1—7-18. Reserved. ARTICLE II. ANIMALS Sec. 7-19. Purpose. The city recognizes that animals are an important part of many families. The health, safety, and welfare of the citizens of the city and animals living in the city requires the city to regulate the ownership and keeping of animals. (Prior Code, § 801.100) Sec. 7-20. State statutes adopted. The provisions of Minn. Stats. §§ 35.67, 35.68, and 35.69 (relating to rabies) and Minn. Stats. ch. 343 (relating to cruelty to animals) and any rules or regulations related to these statutes are adopted by reference and incorporated in and made part of this article as if fully set forth herein. (Prior Code, § 801.200) Sec. 7-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Acre means an undivided parcel of land with an area of 43,560 square feet. Animal means all farm animals, traditional pets, and exotic animals. Apiary means the assembly of one or more colonies of bees on a single parcel. Apiary site means the parcel upon which an apiary is located. Bee means all life stages of the common domestic honey bees of the Apis mellifera species. The term "bee" does not include wasps, hornets, African subspecies or Africanized hybrids. Beekeeper means a person who owns or has charge of one or more colonies of bees or who owns or resides on a parcel on which a colony is located. Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Brooding means the period of growth when supplemental heat is provided due to the chickens' inability to generate adequate body heat due to age. Chicken means a female fowl of any age of the genus, species and subspecies Gallus gallus domesticus. § 7-21PUBLIC SAFETY CD7:3 Colony means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Contiguous acreage means commonly owned or rented parcels of land which abut each other at some point. Coop means an enclosed and covered accessory structure in which chickens are housed. Exercise yard means a large fenced-in area that provides space for exercise and foraging. Exotic animal means any animal which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics is not appropriate for keeping in residential areas. The term "exotic animal" includes, but is not limited to, regulated animals as defined by Minn. Stats. § 346.155. Farm animal means any animal that, by tradition, is customarily kept as part of a farm or for agricultural purposes. The term "farm animal" includes, but is not limited to, bees, cattle, horses, ponies, mules, donkeys, llamas, sheep, goats, swine, ducks, geese, turkeys and chickens. Flyway barrier means a barrier that raises the flight path of bees as they come and go from a hive. Hive means the receptacle inhabited by a colony. Keeping means the feeding, housing or sheltering of animals. Owner means any person possessing, owning, controlling, harboring, keeping, having an interest in, or having care, custody or control of any animal. Parcel means a legally described piece of land, whether platted lot/outlot or land described by metes and bounds, along with everything on the land, including, but not limited to, structures, parking lots, landscaping, lighting, and signs. Rooster means a male fowl of any age of the genus, species and subspecies Gallus gallus domesticus. Run means an enclosed and covered area attached to a coop in which chickens are allowed to roam freely. Slaughtering means the killing of an animal within the city, excluding animals euthanized by a veterinarian. Swarming means the process where a queen bee leaves a colony with a large group of worker bees. Traditional pet means any animal that by tradition is customarily kept as a pet in the owner's house, including, but not limited to, dogs, cats, ferrets, guinea pigs, rabbits, hamsters, mice/rats, turtles, small lizards, small nonvenomous snakes, fish, parrots, cockatoos, cockatiels and budgerigars. § 7-21 PRIOR LAKE CODE CD7:4 Unusual aggressive behavior means any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. (Prior Code, § 801.300) Sec. 7-22. Limitations on keeping of animals generally. (a) Traditional pets. The following limitations pertain to the keeping of traditional pets: (1) In the C-1, C-2, C-3 and I-1 zoning districts, no traditional pets shall be kept on any parcel unless the traditional pets are part of a commercial use allowed under chapter 10. (2) In the TC, R-1, R-2 and R-3 zoning districts, no more than three traditional pets, in any combination, shall be kept on any parcel. (3) In the A and R-S zoning districts, no more than three traditional pets, in any combination, shall be kept on any parcel unless the traditional pets are part of a commercial use allowed under chapter 10. (b) Exotic animals. The following limitations pertain to the keeping of exotic animals: (1) Prohibited. It is unlawful for any person to keep any exotic animal anywhere within the city. (2) Exceptions. This prohibition does not apply to the keeping of exotic animals pursuant to a special permit from the commissioner of natural resources for scientific, educational, rehabilitative, wildlife disease prevention and control, and exhibition purposes pursuant to Minn. Stats. ch. 97A or to the keeping of regulated animals as regulated by the Federal Department of Agriculture pursuant to Minn. Stats. § 346.155. (c) Farm animals. The following limitations pertain to the keeping of farm animals: (1) In the C-1, C-2, C-3 and I-1 zoning districts, no farm animals shall be kept on any parcel. (2) In the TC, R-1, R-2 and R-3 zoning districts, no farm animals shall be kept on any parcel, except that four chickens or two colonies of bees may be kept on an R-1 parcel if kept in compliance with the applicable regulations set forth in subsection (c)(4) of this section. (3) In the A and R-S zoning districts, no farm animals shall be kept on any parcel that is less than ten acres in size, except that 12 chickens or eight colonies of bees may be kept on a parcel that is less than ten acres if kept in compliance with the applicable regulations set forth in subsection (c)(4) of this section. (4) In the A and R-S zoning districts, farm animals may be kept on a parcel that is ten acres or more in size only as follows: a. Bees. The number of bees is not specifically restricted as long as the bees are kept in compliance with applicable regulations in section 7-23. § 7-22PUBLIC SAFETY CD7:5 b. Horses, mules, donkeys, cattle, hogs, llamas and similar. One horse, mule, donkey, cow, hog, llama, or similar animal is allowed for the first ten contiguous acres and one additional animal is allowed for each additional contiguous acre. c. Sheep, goats and similar. One sheep, goat, or similar animal is allowed for the first ten contiguous acres and one additional animal is allowed for each additional contiguous half of an acre. d. Poultry, fowl, birds (including, but not limited to, chickens) and similar. Twenty-five birds such as, but not limited to, chickens are allowed for the first ten contiguous acres and 25 additional birds are allowed for each additional contiguous acre. (Prior Code, § 801.400) Sec. 7-23. Keeping farm animals. (a) Stables and barns. No stable, barn or other structure in which farm animals are kept may be located within 50 feet of a dwelling unit as defined in chapter 10 or within ten feet of any property line. No part of a stable, barn or other structure in which farm animals are kept may be located within 15 feet of any lake, pond, river, creek, stream or wetland. Any stable, barn or other structure in which farm animals are kept shall be kept clean. (b) Running at large. No farm animal shall be permitted to run at large within the limits of the city. The term "run at large" means going on or about the public streets, alleys, public parks, public beaches, school grounds or other public places or on any private premises without the owner's permission, unless the animal is effectively restrained by a leash, fence or enclosure. (c) Manure. Manure shall be removed from the parcel with sufficient frequency to avoid nuisance from odors or breeding of flies. At least once per month from October 1 to May 1 and once every two weeks from May 1 to October 1 of each year, manure shall be disposed of so as not to create a nuisance from odors or breeding of flies. If manure is used as fertilizer, it shall be turned under immediately if possible, or as soon as the frost leaves the ground. (d) Chickens. The keeping of chickens shall be permitted with conditions identified in this subsection (d). (1) No roosters shall be permitted. The raising of chickens for breeding purposes is prohibited. (2) Chickens shall always be confined in a coop, run or exercise yard. Chickens shall not be kept inside of a dwelling except for brooding. (3) Chickens shall be properly protected from the weather and predators in a coop and have access to the outdoors in a run or exercise yard. The coop, run and exercise yard shall meet the following requirements: a. One coop, run and exercise yard allowed per parcel with a principal residence occupied by the owner of the chickens. § 7-22 PRIOR LAKE CODE CD7:6 b. Each coop, run and exercise yard shall be located in the rear yard of the parcel. c. Each coop, run and exercise yard shall be set back a minimum of 50 feet from any residential structure on an adjacent parcel and a minimum of ten feet from any parcel line. Each coop, run or exercise yard must be screened from view with a solid fence or landscaped buffer with a minimum height of five feet. No part of a coop, run or exercise yard shall be located within 15 feet of any lake, pond, river, creek, stream or wetland. d. A coop can be no larger than 25 square feet and cannot exceed six feet in height. A coop shall be elevated a minimum of 12 inches and maximum of 24 inches to ensure circulation beneath the coop. The coop shall contain a solid roof, and construction shall be done in a workmanlike manner utilizing durable materi- als that offer adequate insulation, ventilation and protection from all natural weather elements, predators, rodents and other pests. e. No run or exercise yard can exceed 40 square feet and cannot exceed six feet in height. A run or exercise yard may be enclosed with wood or woven wire materials and may allow chickens to contact the ground. Each run and exercise yard must have a protective overhead netting to keep the chickens separated from other animals. f. Coops, runs and exercise yards shall be maintained in a reasonably clean and sanitary condition, including the timely removal of feces, urine, and food scraps. Chicken owners shall not allow odors associated with the chickens to emit outside the boundary of the parcel. g. Each coop, run and exercise yard must comply with all applicable building and zoning codes and regulations. h. Chickens shall not be slaughtered on the parcel or elsewhere within the city other than a commercial establishment that employs a butcher. i. Deceased chickens shall be removed as soon as possible but no later than 48 hours after death and shall be disposed of in a manner consistent with chapter 5, article IV. (4) Chickens shall be kept in a humane manner that complies with Minn. Stats. ch. 343, and owners shall prevent nuisance conditions by ensuring the following conditions are met: a. Chicken grains and feed must be stored in rodentproof containers. b. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. c. Chickens shall not be allowed to run at large. Any chicken running at large may be impounded by the city and, after being impounded for three days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming an impounded chicken must pay the costs of impounding and keeping the same. § 7-23PUBLIC SAFETY CD7:7 (e) Bees. The keeping of bees shall be permitted with conditions identified in this subsection. (1) Colony location shall be as follows: a. Each hive shall be located in the rear yard of the parcel. Hives shall be set back a minimum of 50 feet from any residential structure on an adjacent parcel and a minimum of ten feet from any parcel line. b. If any part of a hive is kept within 25 feet of a parcel line of the apiary site, the beekeeper shall establish and maintain along the parcel line screening consist- ing of a flyway barrier of six feet in height or greater meeting the following criteria: 1. The flyway barrier may consist of a wall, fence, dense vegetation, or a combination thereof, such that bees will fly over rather than through the material to reach the colony. 2. If a wall or fence flyway barrier is used, the materials must be decay- resistant and maintained in good condition. 3. If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation reaches a height of six feet or higher within two years of installation. 4. The flyway barrier must continue parallel to the parcel line of the apiary site for ten feet in both directions from the hive or contain the hive in an enclosure. c. Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site. Every effort should be made to ensure that the water source is free of chemicals typically found in tap water. (2) Bee colonies shall be kept in hives with removable frames, which frames shall be kept in a sound and usable condition. Beekeeping equipment shall be maintained in good condition, including keeping the hives painted if they have been painted but are peeling or flaking and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarming bees. (3) Hives shall be continuously managed to provide adequate living space for their resident bees to prevent swarming. (4) Materials from a hive or colony which might encourage the presence of bees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other beeproof enclosure. (5) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If re-queening the colony is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. § 7-23 PRIOR LAKE CODE CD7:8 (6) Fruit and other flowering trees which are located on an apiary site shall not be sprayed, while in full bloom, with any substance which is injurious to bees. (Prior Code, § 801.500) Sec. 7-24. Keeping traditional pets. (a) Animal control facility. The city manager or designee shall designate an animal control officer. The city may contract for animal control services with a qualified animal control facility. Additionally, the city manager or other authorized city official may make arrangements with local veterinarians, kennels or humane societies for the care and custody of traditional pets as may be deemed necessary. (b) Vaccination. Every dog and cat shall be vaccinated against rabies. All other traditional pets shall be vaccinated against rabies if appropriate as determined by the owner's veterinarian. (c) Leashing. It is unlawful for any person to walk a traditional pet without a leash and under control of the person walking the traditional pet. (d) Running at large. No traditional pet shall be permitted to run at large within the limits of the city. The term "run at large" means going on or about the public streets, alleys, public parks, public beaches, school grounds or other public places, or on any private premises without the owner's permission, unless the pet is effectively restrained by a leash, fence or enclosure. (e) Waste removal. It is unlawful for any owner to allow solid wastes of a traditional pet to accumulate on the owner's premises for more than 24 hours. Solid waste from a traditional pet shall be immediately removed from public property or private property of another and disposed of in the owner's or a public trash container. (Prior Code, § 801.600) Sec. 7-25. Interference with officer; breaking into animal control facility. It is unlawful for any unauthorized person to break open the city animal control facility, or attempt to do so, or to take or let out any animals therefrom or to take or attempt to take from any officer or other designated city official any animal taken up by him/her in compliance with this article, or in any manner to interfere with or hinder such officer in the discharge of his/her duties under this article. (Prior Code, § 801.700) Sec. 7-26. Bites and rabies. (a) Bites. It shall be the duty of every person having knowledge of a bite by any animal which occurred within the city to report the same to the city police department as soon as practical after the bite occurs. This report shall include a description of the animal, the address of the owner of the animal, if known, and the name, address and age of any person injured if known. § 7-26PUBLIC SAFETY CD7:9 (b) Quarantine. Any animal which is suspected of having rabies shall be quarantined for a period of at least ten days. The quarantine may occur in any location approved for impoundment as set forth in section 7-28 unless no current rabies vaccination of the animal can be proven upon written demand, in which case the animal shall be impounded at the city animal control facility. (Prior Code, § 801.800) Sec. 7-27. Nuisance. (a) Owner responsibility. It shall be the responsibility of the owner of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. It shall be considered a nuisance for any owner of an animal to allow the animal to habitually or frequently bark, cry, meow or whimper; to frequent school grounds, parks or other public areas while unrestrained; to chase vehicles; to fight with other animals; to chase and kill birds; to molest, defile, destroy any public or private property; or to leave excrement on any property, public or private; except that excrement that is immediately removed and disposed of in a trash container shall not constitute a public nuisance. (b) Common law nuisance. Nothing in this article is intended to limit the city or any individual from proceeding under any common law nuisance theory. (Prior Code, § 801.900) Sec. 7-28. Impoundment. (a) Applicability. This section shall apply to impoundment of an animal except for impoundment of a potentially dangerous or dangerous dog. (b) Grounds for animal seizure. The animal control officer or designee, member of the city police department, or member of city staff may seize and impound an animal due to any of the following: (1) Bite or rabies; (2) Running at large; (3) Dangerous animal; (4) Nuisance; (5) Inhumane treatment; or (6) Any other reason authorized by law. (c) Costs and fees. The owner of an impounded animal shall be responsible for paying a fee for the impoundment as set by the city fee schedule or the animal control officer. The owner shall also be responsible for all costs of the impoundment, including, but not limited to, food, housing and veterinary bills. § 7-26 PRIOR LAKE CODE CD7:10 (d) Deceased. Any animal that dies during seizure or impoundment will be disposed of according to law. Disposal expenses shall be paid by the owner of the deceased animal. (e) Exceptions to impoundment. Animals may be immediately euthanized if a licensed veterinarian determines the animal is diseased, vicious, rabid or exposed to rabies and cannot be impounded after a reasonable effort or without serious risk to the person attempting to impound or others, or upon determination that the animal is suffering and is beyond cure through reasonable care and treatment. The city may have a necropsy performed on any animal that is euthanized or dies while impounded to determine if it was diseased. (f) Notice. As soon as reasonably practical after impounding an animal, the animal control officer shall notify the animal's owner of the impoundment. The animal control officer may use any reasonable methods for determining ownership, including, but not limited to, microchips, statements by persons with knowledge, tags, veterinary records or the events related to the impoundment. The notice shall be provided by posting at the property of the owner, U.S. mail or personal service. At a minimum, the notice shall include a description of the animal, the reason and circumstances of impoundment, contact information for questions about the impoundment, process for reclaiming the animal, and the owner's responsibility for costs and fees. (g) Treatment. Any animal which is impounded in the city animal control facility shall be kept with kind treatment and sufficient food, water and shelter for the animal's comfort, in accordance with state law. (h) Time of impoundment. An animal that is impounded shall be held for redemption for ten days if impounded to quarantine for rabies or for five days if impounded for any other reason. If, after the impoundment time has expired, the animal has not been claimed, the animal shall be disposed of as allowed by law. (i) Location. Impoundment may occur at the city animal control facility, a local kennel/ veterinarian's office approved by the animal control officer or the owner's property if approved by the animal control officer. Where no current rabies vaccination of the animal can be proven upon written demand, the animal shall be impounded at the city animal control facility. (j) Claiming of impounded animals. (1) Any person seeking the return of an impounded animal shall show proof of ownership satisfactory to the animal control officer. Prior to release of an animal, the owner shall pay all fees and costs due and shall present a valid driver's license or other acceptable form of identification and sign for the animal. (2) In addition, if the animal was impounded due to suspicion of rabies, the animal shall only be released after the required ten-day quarantine and if a veterinarian has determined that the animal does not have any symptoms of rabies. § 7-28PUBLIC SAFETY CD7:11 (3) In addition, if the animal was impounded for inhumane treatment, the animal shall only be returned to the owner if the animal control officer reasonably believes the animal will not be treated cruelly or inhumanely. Prior to returning the animal to its owner, the animal may be treated by a veterinarian or permitted to regain its strength. The owner shall be responsible for any cost incurred for such treatment. (k) Records. The city animal control facility shall retain impoundment records as required by Minn. Stats. § 346.47. (Prior Code, § 801.1000) Sec. 7-29. Potentially dangerous and dangerous dogs. (a) Applicable state statutes. In addition to the provisions set forth in this section, Minn. Stats. §§ 347.50 through 347.565 are incorporated herein by reference. To the extent these state statutes are inconsistent with the provisions of this section, the provisions of this section shall apply. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Dangerous dog means any dog that has: (1) Without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) Killed a domestic animal without provocation while off the owner's property; or (3) Been found to be potentially dangerous, and, after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Great bodily harm has the meaning given it under Minn. Stats. § 609.02, subd. 8. Potentially dangerous dog means any dog that: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety or humans or domestic animals. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a § 7-28 PRIOR LAKE CODE CD7:12 house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Substantial bodily harm has the meaning given under Minn. Stats. § 609.02, subd. 7a. (c) Determination. The animal control officer or designee, or a member of the city police department, may declare a dog to be potentially dangerous or dangerous if he/she believes, based upon their professional judgment, that the dog meets the applicable definition in subsection (b) of this section. (1) Notice of determination. Upon a determination that a dog is potentially dangerous or dangerous, the city shall provide notice to the owner of the dog. The city may use any reasonable methods for determining ownership, including, but not limited to, microchip, statements by persons with knowledge, tags, veterinary records or the events related to the seizure and determination. The notice shall be provided by posting at the property of the owner, U.S. mail or personal service. At a minimum, the notice shall include the following: a. A description of the dog. b. The basis for the determination. c. A description of the potentially dangerous or dangerous dog requirements. d. The criminal penalties for violation of the potentially dangerous or dangerous dog requirements. e. A statement of the owner's right to request a hearing regarding the determina- tion. (2) Appeal hearing. The owner of a dog that has been declared potentially dangerous or dangerous may request a hearing to challenge the determination. The hearing shall be held before a hearing officer appointed by the city manager. The request for an appeal hearing must be made in writing and submitted to the city clerk within ten days of the notice of determination. The city must hold the appeal hearing no more than 14 days after the city receives the request for a hearing. The hearing officer shall make a determination based upon his/her judgment as to whether or not the dog is potentially dangerous or dangerous. The city shall issue a written decision within ten days of the hearing. The owner must continue to meet all potentially dangerous or dangerous dog requirements during the appeal hearing process. (d) Impoundment. Any dog declared potentially dangerous or dangerous may be seized and impounded by the animal control officer or designee, member of the city police department, or member of city staff if the owner is not in compliance with the applicable requirements below or the dog is running at large. The owner of the dog shall be responsible for paying a fee for the impoundment as set by the city fee schedule or the animal control § 7-29PUBLIC SAFETY CD7:13 officer. The owner shall also be responsible for all costs of the impoundment, including, but not limited to, food, housing and veterinary bills. The city shall not release a dog that has been declared potentially dangerous or dangerous until one of the following has occurred: the dog has been deemed not potentially dangerous or dangerous after an appeal hearing; or the owner provides evidence that he/she has complied with the applicable requirements set forth in subsection (i) of this section for a potentially dangerous or dangerous dog. Any impoundment shall be consistent with the requirements for impoundment set forth above unless this section provides alternative requirements. (e) Claiming. Any person seeking return of a dog that has been declared potentially dangerous or dangerous shall comply with the following before the dog will be released: (1) Provide proof of ownership; (2) Pay all applicable fees and costs; (3) Present a valid driver's license or other acceptable form of identification; (4) Provide evidence that he/she has complied with the applicable requirements set forth in subsections (i) and (j) of this section for a potentially dangerous or dangerous dog; and (5) Sign for the dog. (f) Exemptions. Dogs may not be declared potentially dangerous or dangerous if the threat, injury or damage was sustained as provided in Minn. Stats. § 347.51, subds. 4 and 5. (g) Review. Beginning six months after a dog is declared potentially dangerous or dangerous, an owner may request, every two years, that the city review the designation. (h) Registration. No person may own a potentially dangerous or dangerous dog in the city unless the dog is registered. The owner shall submit an application to the city to register a potentially dangerous or dangerous dog within 24 hours of the dog being declared potentially dangerous or dangerous or being brought into the city, whichever occurs earlier. The application shall be submitted to the city clerk along with evidence that the owner has complied with all applicable potentially dangerous or dangerous dog requirements set forth in subsections (i) and (j) of this section. The application shall be accompanied by a fee as set forth in the city fee schedule. (i) Potentially dangerous dog; requirements. The owner of a dog that has been declared potentially dangerous shall comply with all of the requirements for a dog that has been declared dangerous as set forth in subsection (j) of this section, except the owner of a dog that has been declared potentially dangerous need not comply with the insurance requirement. (j) Dangerous dog; requirements. The owner of a dog that has been declared dangerous shall comply with all of the following: (1) Microchip. A microchip shall be implanted in the dog for identification. Evidence that the microchip has been implanted, including the name of the manufacturer and identification number, must be submitted to the city within 30 days of the determination. § 7-29 PRIOR LAKE CODE CD7:14 (2) Tag. A standardized, easily identifiable tag that identifies the dog as dangerous shall be affixed to the dog's collar at all times. The city may provide the tag or require that the owner obtain it privately. If the city provides the tag, it may charge the owner for the cost of the tag. (3) Warning sign. A clearly visible warning symbol that there is a dangerous dog on the property, including a warning symbol to inform children, shall be posted on the owner's property. A similar sign is required to be posted on the proper enclosure of the dog. (4) Proper enclosure. The owner must keep the dog in a proper enclosure while on the owner's property. (5) Leash and muzzle. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a leash and under the physical restraint of a responsible person. (6) Insurance. The owner must obtain and maintain a surety bond or a policy of liability insurance issued by a company authorized to conduct business in the state in a form acceptable to the city in the sum of at least $300,000.00. (7) Sterilization. The dog must be sterilized at the owner's expense within 30 days and submit proof of sterilization within 30 days to the city. If the owner does not sterilize the dog, the animal control officer shall seize the dog and have it sterilized at the owner's expense. (8) Annual registration. The owner of the dog must register the dog annually as required in subsection (h) of this section. If the dog is removed from the city, the owner must register the dog in its new jurisdiction. (9) Death or transfer of dangerous dog. The owner of the dog must notify the animal control officer in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer. A person who transfers ownership of a dangerous dog must notify the new owner that the dog has been declared dangerous. The owner must also notify the animal control officer in writing of the sale and provide the new owner's name, address and telephone number. (10) Notice to landlords. A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. (k) Destruction of dog in certain circumstances. A dog may be destroyed in a proper and humane manner by the animal control officer or designee if the dog: (1) Inflicted substantial or great bodily harm on a human on public or private property without provocation. (2) Inflicted multiple bites on a human on public or private property without provoca- tion. § 7-29PUBLIC SAFETY CD7:15 (3) Bit multiple human victims on public or private property in the same attack without provocation. (4) Bit a human on public or private property without provocation in an attack where more than one dog participates in the attack. (5) Kills a domesticated animal without provocation. (Prior Code, § 801.1100) Sec. 7-30. Animals on public lands. (a) Prohibited areas. (1) No person shall be permitted to take any animal, except for a service animal, into any public property or park where the area is clearly marked by a sign bearing the words "animals not permitted in this area." In no case shall any person allow or bring any animal, except for a service animal, upon any beach or bathing area or upon any skating rink or into any park or public building. (2) The area identified in Jeffers Pond Park Exhibit 2, dated August 24, 2010, shall be a prohibited area for domestic animals, skateboards, skates, rollerblades, bicycles and motorized vehicles (except authorized vehicles) and signage shall be prominently erected and maintained to confirm this status to users and visitors. § 7-29 PRIOR LAKE CODE CD7:16 (b) Horses. (1) The term "horse," as used in this section, means any breed of horse, pony, mule, ass or similar animal. It is unlawful for any person to ride or drive a horse in any public park, beach, golf course or other public property, except within the right-of-way of public streets and highways and in areas duly designated as allowing the riding or driving of horses. (2) It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflective clothing. Every person riding a horse or driving a horse-drawn vehicle upon a public street shall be subject to those provisions of this Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. (c) Traditional pets under control. Traditional pets shall be permitted on public lands, except as specified elsewhere in this article, only when they are under control of the owner or custodian and such custodian shall have the responsibility of cleaning up any feces of the animal and shall dispose of such in a sanitary manner. (Prior Code, § 801.1200) Sec. 7-31. Enforcement and penalty. (a) Enforcement. The city, in its sole discretion, may enforce any provision of this article by fines, revocation/suspension of a permit, license or approval, mandamus, injunction, criminal prosecution, civil suit/penalties, or any other equitable or legal remedy available. Any costs incurred by the city in enforcing any provision of this article shall constitute damages incurred by the city and may be recovered through a judicial proceeding or by assessing the damages against the property. Each day that a violation occurs shall be considered a separate violation. (b) Penalty. Any person who violates any provision of this article or any regulation adopted hereunder relating to acts, omission or conduct, other than official acts of city officers and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. A separate offense shall be deemed committed for each day such violation is permitted to exist. A person under 18 years of age found to be in violation of this article may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in Minn. Stats. ch. 260B. (Prior Code, § 801.1300) Secs. 7-32—7-50. Reserved. § 7-50PUBLIC SAFETY CD7:17 ARTICLE III. GENERAL OFFENSES Sec. 7-51. Criminal code adopted. The city adopts by reference the state criminal code, Minn. Stats. ch. 609, except that all offenses shall be considered misdemeanors. (Prior Code, § 803.100) Sec. 7-52. Disorderly conduct. (a) Any person who does any of the following in a public or private place, including on a school bus, knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct: (1) Engages in brawling or fighting; (2) Disturbs an assembly or meeting, not unlawful in its character; or (3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others. Any owner or person in lawful possession or control of such private lands who has knowledge of a disturbance constituting disorderly conduct and fails to immediately abate the disturbance shall be guilty of a violation of this section. (b) For purposes of this section, the term "disorderly conduct" includes, but is not limited to, a violation of any of the following statutes or ordinances: (1) Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling. (2) Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution and acts relating thereto. (3) Minn. Stats. §§ 152.01 through 152.027, which prohibit the unlawful sale or possession of controlled substances. (4) Minn. Stats. § 340A.401, which prohibits the unlawful sale of alcoholic beverages. (5) Minn. Stats. § 340A.503, which prohibits the underage consumption of alcoholic beverages. (6) Minn. Stats. § 609.595, which prohibits damage to property. (7) Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67, and 624.712 through 624.716, and article IV of this chapter, which prohibit the unlawful possession, transportation, sale, or use of a weapon. (8) Minn. Stats. § 609.72, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the other occupants of the permitted premises or other surrounding premises. § 7-51 PRIOR LAKE CODE CD7:18 (9) Minn. Stats. § 152.027, subd. 4, which prohibits the unlawful sale or possession of small amounts of marijuana. (10) Minn. Stats. § 152.092, which prohibits the unlawful possession or use of drug paraphernalia. (11) State fire code sections 302 and 307 through 307.5, which limit recreational fires to no larger than three feet by three feet, natural wood only, attended until extinguished, conditions permitting. (12) Minn. Stats. §§ 624.20 through 624.21, which prohibit exploding fireworks. (13) Chapter 5, article IV of this Code, which prohibits public nuisances. (14) This section and section 7-53, which prohibit public drunkenness and disturbing the peace. (15) Sections 5-20(a) and 5-24, which prohibit littering on private or public property. (16) Section 7-24(d) and (e), which prohibit pets from running at large and require immediate waste removal. (17) Prohibitions in this Code regarding parking vehicles on required yard or landscape areas. (18) Section 5-102(g), which prohibits nuisance noise, including additional restrictions between the hours of 10:00 p.m. and 7:00 a.m. (Prior Code, § 803.200) Sec. 7-53. Obscenity. (a) Generally. (1) Except as otherwise provided in chapter 4, article V, the conduct set forth in this section is prohibited when performed or allowed in or on any property wherein any member of the general public is or may be present as a matter of right or by explicit or implicit invitation, and is prohibited in any private place where entrance or access thereto is gained upon the payment of remuneration of any kind, whether directly or indirectly, or when the conduct is performed at any location upon the payment of remuneration of any kind, whether directly or indirectly. (2) Except as otherwise provided in chapter 4, article V, no person shall do or cause, permit, procure, counsel or assist the conduct specified in this section, which acts and conduct are deemed to be unlawful and shall subject the person to the criminal penalties available for violation of this Code and shall subject a licensee or permittee to possible revocation or suspension of any license or permit granted by the city. (b) Prohibited conduct. The following conduct is prohibited: (1) To employ, use, or be any person unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of a person's pubic hair, anus, cleft of the buttocks, vulva or genitals. § 7-53PUBLIC SAFETY CD7:19 (2) To encourage or permit any person to touch, caress or fondle the breast, buttocks, anus or genitals of oneself or any other person. (3) To permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof, or to wear or use such device or covering oneself. (4) To permit any person to perform or to perform oneself any act of or act which simulates: a. With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. Masturbation or bestiality. c. With or upon another person, the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. The displaying of the pubic hair, anus, vulva, genitals, or female breast below the top of the areola. (5) To permit any person to use or to use oneself any artificial device or inanimate object to depict any of the prohibited activities described in this section. (6) To permit any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus, or to expose to public view any portion of one's genitals or anus. (7) To show or display or permit the showing or display of any film, still picture, electronic reproduction, or other visual reproduction depicting: a. Any act or simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. Scenes wherein a person displays the vulva or the anus or the genitals. d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described in this section. e. Any of the conduct prohibited in this section. (8) To disseminate, sell or loan for monetary consideration to any person under 18 years of age any depictions of the conduct prohibited in this section. (c) Affirmative defenses. (1) The provisions of this section shall not apply to persons who may possess or distribute obscene matter or participate in conduct otherwise prescribed by this section when such possession, participation, distribution or conduct occurs in the course of law enforcement activities, or in the course of bona fide scientific, § 7-53 PRIOR LAKE CODE CD7:20 educational or comparable researcher study, or like circumstances of justification. Bona fide research or study shall not include showings of obscene matter to the public or to audiences or participants not regularly enrolled or engaged in such research or study. The fact that a fee is charged directly or indirectly for admission shall be, by itself, evidence of lack of bona fide research or study. (2) In the prosecution for disseminating indecent material to persons under 18 years of age, it is an affirmative defense that the defendant has reasonable cause to believe that the minor involved had reached his 18th birthday, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such a minor had reached his 18th birthday. (3) The following are exempt from prosecution for disseminating indecent material to persons under 18 years of age: individuals in a parental relationship with the minor; and recognized and established schools, churches, museums, medical clinics and physicians, hospitals, public libraries, governmental agencies or quasi-governmental sponsored organizations, and persons acting in their capacity as employees or agents of such organization. For the purpose of this section, the term "recognized and established" means an organization or agency having a full-time faculty and diversified curriculum in the case of a school; a church affiliated with a national or regional denomination; a licensed physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax-exempted organizations which are supported in whole or in part by tax funds or which receive at least one-third of their support from publicly donated funds. (Prior Code, § 803.300) Sec. 7-54. Prostitution. (a) It is unlawful for any person to: (1) Be supported in whole or in part by the earnings of a prostitute; (2) Solicit for a prostitute, direct, take or transport another to a prostitute or place of prostitution, or bring a prostitute to him for the purpose of sexual penetration with a prostitute; or (3) Hire or offer or agree to hire another person to engage in sexual penetration. (b) Minn. Stats. § 609.32 regarding prostitution shall govern this section in regard to interpretation and definition and shall take precedence where an accused person is charged with the violation of both state law and this section. (Prior Code, § 803.400) § 7-54PUBLIC SAFETY CD7:21 Sec. 7-55. Disorderly houses. No person shall own, lease, operate, maintain, reside in, visit or entice or attempt to entice another to reside in or visit any building or place with knowledge that unlawful sexual intercourse, prostitution, lewd, lascivious or indecent acts, gambling or the unlawful sale of intoxicating liquor or nonintoxicating malt liquor, or that the unlawful use, sale or keeping for sale of any drug or of any controlled substance, as defined in Minn. Stats. § 152.01, subd. 4, occurs therein. Evidence of the general reputation of such a building or place being one where any of the foregoing occurs shall be prima facie evidence of such knowledge. Minn. Stats. § 609.33, regarding disorderly houses, shall govern this section in regard to interpretation and definition, and shall take precedence where an accused person is charged with the violation of both state law and this section. (Prior Code, § 803.500) Sec. 7-56. Use and possession of racing, stock and junk cars. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Junk car means any motor vehicle which is in such an unsafe condition so as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required by Minn. Stats. ch. 169, or which is equipped in any manner in violation of Minn. Stats. ch. 169, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed by the state for operation within the state. Racing car means any motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between two or more vehicles or for timing of speed. Stock car means any motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high-speed contests between two or more vehicles or for timing of speed. (b) Parking and storage. No person shall park, keep, place, or store or permit the parking or storage of a stock car, racing car, or junk car on a public street or alley, or on any private lands or premises which the person owns, occupies, or controls unless it shall be within a lawfully erected building on such private lands or premises. (c) Repair, service or maintaining. No person shall service, repair, or replace parts or do maintenance work on a stock car, racing car, or junk car on a public street nor on any private lands or premises unless it shall be within a building on such private lands or premises. § 7-55 PRIOR LAKE CODE CD7:22 (d) Operation. No person shall drive or operate a stock car or racing car upon the streets and alleys within the limits of the city. (Prior Code, § 803.600) Sec. 7-57. Curfew. (a) Purpose. The curfew for minors established by this section is maintained for four primary reasons: (1) To protect the public from illegal acts of minors committed during the curfew hours; (2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs; (3) To protect minors from criminal activity that occurs during the curfew hours; and (4) To help parents control their minor children. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Emergency errand means a task that if not completed promptly threatens the health, safety, or comfort of the minor or a member of the minor's household. The term "emergency errand" includes, but is not limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity. Official city time means the time of day as determined by reference to the master clock located at the county dispatch center. Places of amusement, entertainment or refreshment means those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants and pool halls. Primary care or primary custody means the person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor. School activity means an event which has been placed on a school calendar by public or parochial school authorities as a school-sanctioned event. (c) Hours. (1) Minors under 12 years of age. No minor under 12 years of age shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the following hours: a. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; § 7-57PUBLIC SAFETY CD7:23 b. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (2) Minors 12, 13 or 14 years of age. No minor 12, 13 or 14 years of age shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the following hours: a. Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; b. Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (3) Minors 15, 16 or 17 years of age. No minor 15, 16 or 17 years of age shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the following hours: a. Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; b. Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday, official city time. (d) Effect on control by adult responsible for minor. Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor, nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor. (e) Exceptions. The provisions of this section shall not apply in the following situations: (1) To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor; (2) To a minor who is upon an emergency errand; (3) To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of such business trade, profession, or occupation and the minor's residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor's presence at work; (4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authori- ties; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious § 7-57 PRIOR LAKE CODE CD7:24 institution, or similar entity that takes responsibility for the minor and with the permission of the minor's parent, guardian, or other adult person having the primary care and custody of the minor; (5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew; (6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion; (7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence; (8) To a minor who is married or has been married or is otherwise legally emancipated; or (9) To a minor who is on an errand at the direction of a parent or guardian. (f) Duties of person legally responsible for minor. No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor. (g) Duties of other persons. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section apply. (h) Defense. It shall be a defense to prosecution under this section that: (1) The owner, operator, or employee of an establishment promptly notified the city's designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours; or (2) The owner, operator or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stats. § 340A.503, subd. 6 or other verifiable means, including, but not limited to, school identification cards and birth certificates. (Prior Code, § 803.700) Sec. 7-58. Injury to city property. (a) The city property referred to herein shall include the city water tower, all city buildings, and all other city equipment or structures (including motor equipment or park structures). § 7-58PUBLIC SAFETY CD7:25 (b) It is unlawful for anyone to climb or scale or go upon city property unless duly authorized by the city, and it is unlawful for anyone to tamper with or open any fire hydrant unless duly authorized by the city, and anyone so opening a fire hydrant shall make restitution for the value of any water lost or used as the result of the opening in addition to the penalties provided herein. (Prior Code, § 803.800) Sec. 7-59. Social hosting. (a) Purpose. The city council desires to protect the health, safety and welfare of all persons living in and visiting the city. The use of alcohol by persons under 21 years of age is prohibited by state law. This section prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons under 21 years of age. (b) Declaration of policy. The city council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The city council finds that: (1) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under 21 years of age constitute a threat to public health requiring prevention or abatement. (2) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose, loud, lewd and lascivious behavior that disrupts the use and enjoyment of real property or alcohol-related traffic collisions. (3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. (4) Events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parents are present and condone the activity and, in some circumstances, provide the alcohol. (5) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. (6) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. § 7-58 PRIOR LAKE CODE CD7:26 (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Alcohol-related product means as defined in section 4-20. Event or gathering means any group of three or more persons who have assembled or gathered together for a social occasion or other activity. Host means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event. Parent means any person having legal custody of a juvenile: (1) As natural parent, adoptive parent, or stepparent; (2) As a legal guardian; or (3) As a person to whom legal custody has been given by order of the court. Residence or premises means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. Underage person means any individual under 21 years of age. (d) Prohibited acts. (1) It is unlawful for any person to host an event or gathering at any residence or premises where alcohol-related products are present and underage persons may also be present if: a. The person hosting the event or gathering knows or reasonably should know that the underage persons: 1. May or do consume alcohol-related products; or 2. Possess alcohol-related products with the intent to consume them; and b. The person fails to take reasonable steps to prevent the possession or consumption by the underage persons. (2) A person is criminally responsible for violating this section if the person intention- ally aids, advises, hires, counsels, or conspires or otherwise procures another to commit the prohibited act. (3) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. (e) Exceptions. (1) This section does not apply to conduct solely between an underage person and his or her parents while present in the parent's household. § 7-59PUBLIC SAFETY CD7:27 (2) This section does not apply to legally protected religious observances. (3) This section does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stats. § 340A.503, subd. 1(a)(1). (4) This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employ- ment. (Prior Code, § 803.900) Sec. 7-60. Abandoning motor vehicle. It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this section, the term "abandoned motor vehicle" means as defined in Minn. Stats. § 168B.011 and the term "abandon" means to permit to remain thereon for a continuous period in excess of 48 hours, as provided in section 2-236. (Prior Code, § 803.1000) Sec. 7-61. Penalty. Any person who violates any provision of this article or any regulation adopted hereunder relating to acts, omission or conduct, other than official acts of city officers and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. A separate offense shall be deemed committed for each day such violation is permitted to exist. A person under 18 years of age found to be in violation of this article may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in Minn. Stats. ch. 260B. (Prior Code, § 803.1100) Sec. 7-62. Possession of catalytic converters. No person shall be in possession of a catalytic converter that is not attached to a motor vehicle unless the individual can provide verification of legal receipt of the catalytic converter or proof of compliance with the requirements in Minn. Stats. § 325E.21, subd. 1b. (Prior Code, § 803.2000; Ord. No. 122-06, 8-13-2022) Sec. 7-63. Use of cannabis products in public. (a) Definitions. The definitions in Minn. Stats. § 342.01 apply to this section. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Cannabis flower means the harvested flower, bud, leaves, and stems of a cannabis plant. The term "cannabis flower" includes adult-use cannabis flower and medical cannabis flower. The term "cannabis flower" does not include cannabis seed, hemp plant parts, or hemp- derived consumer products. § 7-59 PRIOR LAKE CODE CD7:28 Cannabis product means any of the following: (1) Cannabis concentrate; (2) A product infused with cannabinoids, including, but not limited to, tetrahydrocan- nabinol, extracted or derived from cannabis plants or cannabis flower; or (3) Any other product that contains cannabis concentrate. The term "cannabis product" includes adult-use cannabis products, including, but not limited to, edible cannabis products and medical cannabinoid products. Certain cannabinoid products means any product legalized under Minn. Stats. § 151.72. Hemp-derived consumer product means a product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and: (1) Contains or consists of hemp plant parts; or (2) Contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients. Lower-potency hemp edible means any product that: (1) Is intended to be eaten or consumed as a beverage by humans; (2) Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) Is not a drug; (4) Consists of servings that contain no more than five milligrams of delta-9 tetrahydrocan- nabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) Does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; (6) Does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocan- nabinol; (7) Does not contain a cannabinoid derived from cannabis plants or cannabis flower; and (8) Is a type of product approved for sale by the office of cannabis management or is substantially similar to a product approved by that office, including, but not limited to, products that resemble nonalcoholic beverages, candy, and baked goods. Public place means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include a person's dwelling house or premises, including the person's curtilage or yard; private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency § 7-63PUBLIC SAFETY CD7:29 hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or the premises of an establishment or event licensed to permit on-site consump- tion. (b) Prohibited activity. No person shall use cannabis flower, cannabis products, lower- potency hemp edibles, hemp-derived consumer products, or certain cannabinoid products in a public place. (c) Penalty. Violation of this section shall be a petty misdemeanor punishable to the maximum extent authorized in Minn. Stats. §§ 412.231 and 609.0332. (Prior Code, § 803.3000; Ord. No. 123-09, § 1(803.3000), 7-17-2023) Secs. 7-64—7-84. Reserved. ARTICLE IV. DANGEROUS WEAPONS Sec. 7-85. Declaration of policy. It is found and declared that the city is a developing community wherein the land uses are becoming more intense, thus reducing the amount of open land available for the discharge of dangerous weapons, and that discharge of dangerous weapons in such a community is inconsistent with promoting and protecting the health, safety and welfare of persons and property within the city; therefore, it is necessary to prohibit the discharge of dangerous weapons except as authorized in this article. (Prior Code, § 804.100) Sec. 7-86. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous weapon means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing great bodily harm or death, or any other device which, in the manner in which it is used or intended to be used, is calculated or likely to produce great bodily harm or death. Discharge of a dangerous weapon means any firing or shooting of a dangerous weapon, whether for hunting game, target practice or otherwise. Shotgun shotshell means a shell fired in a shotgun containing multiple shot. Shotgun slug means a shell fired in a shotgun containing one slug, ball or other single projectile. (Prior Code, § 804.200) § 7-63 PRIOR LAKE CODE CD7:30 Sec. 7-87. State law adopted. The city adopts Minn. Stats. ch. 97A pertaining to game and fish and Minn. Stats. ch. 97B pertaining to hunting. (Prior Code, § 804.300) Sec. 7-88. Discharge of a dangerous weapon. (a) Except as provided in this article, no person shall discharge a dangerous weapon within the corporate limits of the city; provided, however, that nothing in this article shall be construed to prohibit the possession of a dangerous weapon or the discharge of the same when done in lawful defense of personal property or family. (b) No person shall at any time handle or discharge a dangerous weapon in a careless, reckless or unlawful manner or in any way create a nuisance or endanger the life, property or safety of any other person. (c) Exceptions. (1) The use of bow and arrow at the permanent archery range located in Ponds Park and during archery programs conducted by the city are not subject to the prohibition of discharging a dangerous weapon within the corporate limits of the city. (2) Bow fishing, as defined by Minn. Stats. § 97A.015, is not subject to the prohibition of discharging a dangerous weapon within the corporate limits of the city, provided the required permits and licenses have been obtained pursuant to Minn. Stats. ch. 97A and the state department of natural resources and all federal, state and local regulations are complied with. (3) A special hunt authorized by the county on county property is not subject to the prohibition of discharging a dangerous weapon within the corporate limits of the city. (Prior Code, § 804.400) Sec. 7-89. Penalty. Any person who violates any provision of this article or any regulation adopted hereunder relating to acts, omission or conduct, other than official acts of city officers and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. A separate offense shall be deemed committed for each day such violation is permitted to exist. (Prior Code, § 804.600) Secs. 7-90—7-106. Reserved. ARTICLE V. FALSE ALARMS Sec. 7-107. Purpose. The purpose and intent of this article is to protect the health, safety and welfare of the residents of the city. The city operates a combination fire department. As a combination fire § 7-107PUBLIC SAFETY CD7:31 department, the city has a staffed fire station 24 hours per day, seven days a week. The full-time fire department staff is supplemented by part-time fire department staff that are called in for large-scale emergencies or when staffing levels fall below minimum standards. (Prior Code, § 805.100) Sec. 7-108. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm company means the business by any individual, firm, partnership, association, corporation, company or other entity of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, monitored, services, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility. Alarm system means any instrument or other device that, as one of its purposes, is used to protect buildings, premises or persons from criminal acts, unauthorized entries or acts of nature by warning persons of crime, unauthorized entry and acts of nature through the emission or transmission of a sound or signal. Alarm user means any person, employee, firm, partnership, association, corporation, company or organization of any kind which uses or is in control of an alarm system, regardless of whether it owns or leases the system. False alarm means any activation of an alarm not caused by or as a result of a fire, criminal act, unauthorized entry or an act of nature that is received by the fire or police department. (Prior Code, § 805.200) Sec. 7-109. Fees; determination; collection. (a) Fees. The city will impose a fee in the amount provided in the city fee schedule on an alarm user for each false alarm in excess of three per calendar year. (b) Determination. If the responding police officer or firefighter determines that a false alarm was caused by the actions of the alarm company, the fee shall be assessed against the alarm company with no corresponding penalty assessed against the alarm user. (c) Collection of false alarm fees; penalties. If an alarm user fails to make payments prescribed herein, the city may, after notice, specially assess the penalties against the property pursuant to state law and this Code. (Prior Code, § 805.300) § 7-107 PRIOR LAKE CODE CD7:32 Sec. 7-110. Suspension of police/fire response. (a) Policy. If an alarm user generates more than four false alarms within a calendar year; or when an alarm user is more than 120 days overdue in payment of a penalty described in this article, the city manager, upon consultation with the police chief or fire chief, may suspend police or fire response to alarm users by notice to the alarm user as provided in this section. However, the police or fire department will respond if independent information is received by the police or fire department that verifies the need for immediate police/fire response. (b) Notice. The city manager may serve, in person or by U.S. mail, the alarm user with written notification that, effective 14 days from the date of the notice, the city fire or police department will not respond to alarm dispatch requests received from that alarm system for the remainder of the calendar year. (c) Reinstatement. To prevent the suspension of services, the alarm user may elect to pay a penalty of $500.00. The first false alarm after the payment of this $500.00 penalty will be considered the first false alarm in the calendar year for purposes of assessing further penalties under this article. (Prior Code, § 805.400) Secs. 7-111—7-133. Reserved. ARTICLE VI. FIRE CODE Sec. 7-134. State fire code adopted; definitions. (a) Adopted. The Minnesota State Fire Code (MSFC) as adopted by Minn. Stats. ch. 299F and Minn. R. ch. 7511 is adopted by reference. Except for deletions, modifications or amendments set forth in this article, every provision contained in the MSFC, specifically including Appendix P related to emergency responder radio coverage but excluding Appendix O related to open flame and fuel storage, is adopted and made a part of this article. This article shall automatically include the most current edition of the MSFC, whether amended in part or readopted in whole by the state, with the exception of the optional appendix chapters. Additional optional appendix chapters beyond those identified in this article shall not apply unless specifically adopted by the city. In the event that the MSFC is amended in whole or in part after a permit has been issued, and unless specifically stated otherwise in the MSFC, the edition of this article current at the time of permit application shall remain in effect throughout the work authorized by the permit. (b) Definitions. When used in the MSFC, the term "jurisdiction" means the city and the term "this code" means the MSFC as adopted in this article. (Prior Code, §§ 806.100, 806.200) § 7-134PUBLIC SAFETY CD7:33 Sec. 7-135. Open burning permit. (a) Recreational fires (no larger than three feet in diameter and three feet in height) are regulated by the MSFC. Any fire exceeding this size is considered open burning and is prohibited within the city unless a burning permit from the city's fire marshal has been obtained in advance. (b) Any person requesting a burning permit shall apply in writing to the fire marshal stating when, where and why the open burning is proposed to occur as well as identifying all safety measures that will be taken. The application shall be accompanied by a permit fee as set forth in the city fee schedule. (c) If the fire marshal determines that the proposed open burning can be accomplished in a safe manner which will not cause a nuisance, the fire marshal shall issue a permit, which permit shall include any conditions the fire marshal deems appropriate. In all other cases, the fire marshal shall deny the permit. (d) The fire marshal shall deny or issue the permit within five days of the receipt of the application. (Prior Code, § 806.300) Sec. 7-136. Penalty. Any person who violates any provision of this article or any regulation adopted hereunder relating to acts, omission or conduct, other than official acts of city officers and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by state law. A separate offense shall be deemed committed for each day such violation is permitted to exist. (Prior Code, § 806.400) § 7-135 PRIOR LAKE CODE CD7:34 Chapter 8 PUBLIC WAYS AND PROPERTY Article I. In General Secs. 8-1—8-18. Reserved. Article II. Streets and Sidewalks Sec. 8-19. Snow removal. Sec. 8-20. Collections by special assessment. Sec. 8-21. Removal of building materials; deposit required. Sec. 8-22. Numbering system adopted. Sec. 8-23. Street reconstruction assessment policy. Sec. 8-24. Private streets. Secs. 8-25—8-51. Reserved. Article III. City Parks Sec. 8-52. Purpose. Sec. 8-53. Authority. Sec. 8-54. Definitions. Sec. 8-55. Park hours and access. Sec. 8-56. Park permits and licenses. Sec. 8-57. General prohibitions within city parks. Sec. 8-58. Boating restrictions. Sec. 8-59. Fishing restrictions. Sec. 8-60. Hammocking, slacklining, and other line-related activities. Sec. 8-61. Domesticated animals. Sec. 8-62. Vehicles. Sec. 8-63. Mobility and electric-powered devices. Sec. 8-64. Alcohol within parks. Sec. 8-65. Special use. Sec. 8-66. Liability. Sec. 8-67. Restitution, enforcement and penalties. Secs. 8-68—8-90. Reserved. Article IV. Public Waters Sec. 8-91. Purpose, intent and application. Sec. 8-92. Definitions. Sec. 8-93. Speed limitations. Sec. 8-94. Towing restrictions. Sec. 8-95. Additional restrictions. Sec. 8-96. Exemptions. Sec. 8-97. Notification. Sec. 8-98. Enforcement. Sec. 8-99. Penalties. Secs. 8-100—8-126. Reserved. CD8:1 Article V. Utility Rates, Charges and Fees Sec. 8-127. Purpose; use and availability charges; annual fee schedule. Sec. 8-128. Connection and availability charges due upon development. Sec. 8-129. Connection and availability charges due with permit or work. Sec. 8-130. Water and sanitary sewer charges and rates. Sec. 8-131. Storm sewer charges and rates. Sec. 8-132. Other charges. Sec. 8-133. Accounts responsibility of owner. Sec. 8-134. Bills for service. Sec. 8-135. Certification. Sec. 8-136. Penalty. Secs. 8-137—8-155. Reserved. Article VI. Water and Sanitary Sewer System Sec. 8-156. General provisions. Sec. 8-157. Connection to city utility facilities. Sec. 8-158. Permits. Sec. 8-159. Responsibility and maintenance. Sec. 8-160. Water meters. Sec. 8-161. Bulk water and bulk water meters. Sec. 8-162. Water use restrictions. Sec. 8-163. Failure of facilities and discontinuance. Sec. 8-164. Draining of pools. Sec. 8-165. Wastes prohibited. Sec. 8-166. Tampering prohibited. Sec. 8-167. Right of entry. Sec. 8-168. Contract. Sec. 8-169. Penalty. Secs. 8-170—8-190. Reserved. Article VII. Excavating and Grading Sec. 8-191. Purpose. Sec. 8-192. Definitions. Sec. 8-193. Permit required. Sec. 8-194. Application requirements. Sec. 8-195. Permit issuance requirements. Sec. 8-196. Security requirements. Sec. 8-197. Nuisance prohibited. Sec. 8-198. Completion. Sec. 8-199. Civil penalties for violations. Secs. 8-200—8-221. Reserved. Article VIII. Right-of-Way Management Sec. 8-222. Election to manage the rights-of-way. Sec. 8-223. Administration. Sec. 8-224. Definitions. Sec. 8-225. Application and scope. PRIOR LAKE CODE CD8:2 Sec. 8-226. Right-of-way vacation. Sec. 8-227. Abandoned facilities. Sec. 8-228. Right-of-way permits. Sec. 8-229. Registration of telecommunications users. Sec. 8-230. Siting of new structures. PUBLIC WAYS AND PROPERTY CD8:3 ARTICLE I. IN GENERAL Secs. 8-1—8-18. Reserved. ARTICLE II. STREETS AND SIDEWALKS Sec. 8-19. Snow removal. Removal of snow and ice from trails and sidewalks in the city shall be the responsibility of the abutting property owners or occupants. Snow and ice shall be removed within 48 hours after the snow or ice has accumulated. On trails and sidewalks specified in the city's winter maintenance policy, and on trails and sidewalks where the city is the abutting property owner, snow and ice shall be removed by the city in accordance with the city's winter maintenance policy. (Prior Code, § 701.100) Sec. 8-20. Collections by special assessment. Pursuant to Minn. Stats. § 429.101(1), the city council may, if the charges are not paid when due, collect by special assessment any unpaid special charges for all or any part of the cost of performing the work enumerated in section 8-19, provided that notice by certified mail with return receipt addressed to the owner or occupant is mailed by regular U.S. mail at least seven days before the work is undertaken. (Prior Code, § 701.300) Sec. 8-21. Removal of building materials; deposit required. (a) Any person engaging in building, construction, excavation or other work within the city who causes mud or soil to be deposited on the streets or easements of the city shall clean the streets or easements to the satisfaction of the city engineer. (b) Any person engaging in building, construction, excavation or other work within the city who causes damage to the curb, gutter, street or sidewalks of the city shall repair the damages to the satisfaction of the city engineer. (c) Any applicant for a building permit shall deposit with the city clerk a fee, determined annually by the city council, as security to ensure compliance with this section. (d) Should the person fail to comply with this section, the city engineer shall notify the person in violation, who shall then have 24 hours to comply. Any person not in compliance after 24 hours have elapsed shall forfeit his deposit and shall be billed for all cleanup or corrective work to rectify the problem. (e) Upon proper compliance, the city clerk shall refund in full the deposit required in this section. (Prior Code, § 701.400) § 8-21PUBLIC WAYS AND PROPERTY CD8:5 Sec. 8-22. Numbering system adopted. In accordance with the statutory authority set forth in Minn. Stats. § 412.221, the names and numbers of streets under the city's jurisdiction shall be determined by the city by and through city personnel as directed by the city manager. (Prior Code, § 701.500) Sec. 8-23. Street reconstruction assessment policy. The council may, by resolution, adopt, from time to time amend, or repeal a special assessment policy. (Prior Code, § 701.600; Ord. No. 02-05, 4-13-2002) Sec. 8-24. Private streets. (a) Identification and maintenance purpose; street determination. (1) All streets identified as private on the city's official street map shall be considered private for maintenance purposes. (2) The following streets shall be considered private: a. Streets contained within outlots or lots under private ownership as detailed in development contracts with the city. b. Streets contained within outlots or lots under private ownership without a public right-of-way or roadway easement. c. Streets or driveways constructed within public rights-of-way under a private use of public property permit. d. Streets platted as a drive, driveway or road without reference to city or public dedication on the plat unless currently maintained or formally accepted by city council resolution. (b) City maintenance of private streets. City maintenance on private streets shall be limited to the following: (1) Repair of damage directly due to the city's routine maintenance and operation of trail, water, sanitary sewer and stormwater systems. (2) Maintenance as detailed in written agreements that demonstrate they were approved by resolution by the city council. (3) Snow removal for access of utilities shall be limited to emergency situations only. (4) Application of winter maintenance ice control and snow removal measures shall not be done on private streets unless requested by the fire chief or police chief for emergency vehicle access. (Prior Code, § 701.800; Ord. No. 001-09, 9-8-2001; Ord. No. 109-14, 12-12-2009; Ord. No. 117-05, 4-1-2017; Ord. No. 118-19, 12-15-2018) § 8-22 PRIOR LAKE CODE CD8:6 Secs. 8-25—8-51. Reserved. ARTICLE III. CITY PARKS Sec. 8-52. Purpose. City residents value recreation and open space, and the city has provided parks throughout the city. City parks are intended for the use and enjoyment of all residents and park visitors. To ensure all residents and park visitors are able to enjoy the city parks, it is necessary to regulate activities and conduct within the parks. This article regulates the use of city parks to promote, protect and provide for the health, welfare, safety and comfort of residents and park visitors within the city. The regulations in this article are also intended to protect the environment and the natural resources entrusted to the city's care. (Prior Code, § 702.100) Sec. 8-53. Authority. (a) The city manager shall administer the parks and recreation policies of the city. The city manager may delegate or assign any or all of the duties and responsibilities of this article to other city personnel. The actions of the other city personnel shall have the same force and effect as if taken by the city manager. The city manager shall have the right to issue administrative rules and regulations governing the operation of city parks and recreation. (b) The city manager may declare any park or portion thereof closed to the public at any time and for any interval of time or for certain uses, as the city manager shall determine appropriate. (Prior Code, § 702.200; Ord. No. 105-09, 4-23-2005) Sec. 8-54. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Domesticated animal means a dog or cat. Nude means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the female breast with less than a full covering or any portion thereof below the top of the nipple. Park means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area or recreation center under the control of the city. The term "park" also means any other property owned, leased, used or controlled, wholly or in part, by the city for park or recreational use. Parks shall include facilities, roadways and parking areas within the parks. § 8-54PUBLIC WAYS AND PROPERTY CD8:7 Park visitor means any person within a park. Service animal means any service animal as defined by the state Human Rights Act, Minn. Stats. § 363A.01 et seq. or the federal Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 USC 12101 et seq. Vehicle means any motorized, propelled, animal-drawn or human-powered machine used to convey people, animals or property, including, but not limited to, trucks, cars, motorcycles, dune buggies, trailers, motorhomes, recreational vehicles, and snowmobiles. The term "vehicle" does not include electric personal assistive mobility devices. Watercraft means any contrivance used or designated for navigation on water, except a waterfowl boat during the waterfowl-hunting seasons, a rice boat during the harvest season, or a seaplane. Wildlife means all living creatures, not human, wild by nature, endowed by sensation and power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. (Prior Code, § 702.300; Ord. No. 105-09, 4-23-2005) Sec. 8-55. Park hours and access. (a) Hours; exceptions. With the exception of Memorial Park, Ponds Park and Thomas Ryan Memorial Park, all parks will close at 10:00 p.m. each day and shall remain closed until 5:00 a.m. on the following day. (1) Memorial Park and Ponds Park will close at 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. (2) Thomas Ryan Memorial Park will close no later than 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. No inning shall start after 10:30 p.m. (b) Activities permitted after closing. The following activities may continue in parks before or after the park's normal closing hours: (1) City-sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. (2) From November 15 to March 15, during the hours of 10:00 p.m. and 5:00 a.m., individuals may drive on designated and posted roadways within a park for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. (3) City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. (4) Use or presence in a park pursuant to written authorization from the city manager. (5) Overnight mooring of watercraft in city-owned slips with required city permit. (Prior Code, § 702.400; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 107-08, 4-21-2007) § 8-54 PRIOR LAKE CODE CD8:8 Sec. 8-56. Park permits and licenses. A permit or license shall be obtained from the city before any of the following activities occur in a city park: (1) Sale of liquor. The sale, barter, keeping for sale, charging for possession or otherwise disposing of any alcohol-related products pursuant to chapter 4, article II. (2) Peddling/soliciting. The activities of a peddler, solicitor or transient merchant pursuant to chapter 4, article III. (3) Public and private gatherings. The outdoor gathering of at least 50 individuals where sound amplification is used pursuant to chapter 4, article VIII. (4) Community events. The gathering of at least 25 individuals assembled with a common purpose in an event open to the public pursuant to chapter 4, article XIII. (5) Watercraft. The mooring of a watercraft in a city-owned slip if designated as a reserved slip. (Prior Code, § 702.500; Ord. No. 107-08, 4-21-2007) Sec. 8-57. General prohibitions within city parks. It is unlawful for any park visitor to: (1) Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent, lascivious or improper manner, commit any nuisance, appear nude or semi-nude, or to do any act which constitutes a breach of the public peace. (2) Deface, vandalize or otherwise cause the destruction of park property. (3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or any other material, except in receptacles provided for such purpose. (4) Attach or affix any handbill or poster to any property or object except with prior written authorization of the city manager. (5) Cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material. Introduce any form of vegetation, except with prior written authorization from the city manager. (6) Dig trenches or make other excavations, including, but not limited to, removal of soil, rock, minerals, debris or organic substances. (7) Kill, trap, hunt, pursue or in any manner disturb or interfere with any species of wildlife, or release any insect, fish or animal except with prior written authorization from the city manager, or remove any animal, living or dead (except for a domesticated animal owned by the person), from a park. Any animal removed from a park or taken contrary to the provisions of this article or state law shall be considered contraband and subject to seizure and confiscation. (8) Disturb, harass or interfere with any park visitor or park visitor's property. § 8-57PUBLIC WAYS AND PROPERTY CD8:9 (9) Enter a park with glass beverage bottles or glass containers. (10) Drop, throw or otherwise leave unattended lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible materials. Ignite a fire, except in a grill. (11) Use or operate a grill without removing all grill related equipment and all waste and garbage after use and operation. (12) Use any tobacco-related products, including electronic cigarettes, in any city park. (13) Discharge or display any firearms, air guns, shotguns, rifles, pistols, revolvers, air rifles or BB guns. Use a slingshot, bow and arrows, except in designated areas. (14) Use any loudspeaker or other amplifying system or device without a public and private gathering permit pursuant to chapter 4, article VIII. (15) Gamble or participate in any game of chance unless it is part of an organized city-sponsored event. (16) Use or operate metal detecting equipment in a manner that causes or may cause damage to persons or property. (17) Sell, solicit or carry on any business or commercial enterprise or service in a park except with prior written authorization from the city manager. (18) Play the game of golf, engage in putting, practice swinging, or strike any golf balls. (19) Skateboard or rollerblade except on designated trails and equipment. (20) Use the skate park contrary to the rules and policies promulgated and posted from time to time by the city. (21) Construct or erect any building or structure of any kind, whether permanent or temporary in character, or run or string any public utility service into upon or across any park except with prior written authorization from the city manager. (22) Camp except with prior written authorization from the city manager. (23) Bring any animal into a park except for domesticated animals subject to section 8-61. (24) Ride a horse or other animal except as part of a community event under a permit pursuant to chapter 4, article XIII. (25) Wade or swim except at beaches designated for that purpose, and then only during such hours as may be designated by the city. (26) Take bottles or glass of any kind, except eyeglasses, into a designated beach area, or use air mattresses, inner tubes or other inflatable devices, and provided that bottles and glass items are permitted within 150 feet of shore, or beyond 150 feet if accompanied by a watercraft. (27) Use any land or body of water for a starting or landing field for aircraft, hot air balloons or parachutes, without prior written authorization from the city manager. § 8-57 PRIOR LAKE CODE CD8:10 (28) Operate a remote-controlled airplane, drone or watercraft, except at sites designated by the city. Operate such a device in any manner that endangers or is likely to endanger any person or property. (29) Operate a bicycle except on designated trails, bikeways and roadways, and except as close to the right-hand side thereof as conditions will permit. (Prior Code, § 702.600; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 105-22, 9-17-2005; Ord. No. 107-08, 4-21-2007) Sec. 8-58. Boating restrictions. It is unlawful for any park visitor to: (1) Launch or land any watercraft upon any water, lagoon, lake, pond or wetland except at locations and times designated for that purpose by the city. (2) Operate any watercraft in a designated swimming area or other prohibited area. (3) Operate any watercraft in violation of Minn. Stats. ch. 86B, water safety and watercraft, or article IV of this chapter. (4) Moor a watercraft at any time in a slip reserved exclusively for lake enforcement personnel. (5) Fish, water ski, innertube, swim or dive from, or within 50 feet of, a city-owned dock. (6) Beach any watercraft at Lakefront Park or Sand Point Beach. (7) Obstruct or interfere with another who is using a city-owned dock in accordance with this article and city policies. (8) Obstruct or fail to follow the direction of a city employee or agent in the administration of city-owned slips in accordance with this article and city policies. (Prior Code, § 702.600; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 105-22, 9-17-2005; Ord. No. 107-08, 4-21-2007) Sec. 8-59. Fishing restrictions. It is unlawful for any park visitor to: (1) Fish in a park in violation of any provision of state law. (2) Fish in a designated swimming area. (3) Leave any structure or shelter designed for ice fishing in any park for more than 48 hours. (Prior Code, § 702.600; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 105-22, 9-17-2005; Ord. No. 107-08, 4-21-2007) § 8-59PUBLIC WAYS AND PROPERTY CD8:11 Sec. 8-60. Hammocking, slacklining, and other line-related activities. (a) Hammocking, slacklining, and other line-related activities are allowed on city park property in designated areas only. All hammocks, slacklines, and other line-related activities must adhere to the following conditions: (1) The affixed point of a hammock or line must not exceed six feet off the ground; (2) All hammocks and lines must be affixed to trees or designated hammocking posts/stations (not building structures or other park furniture, amenities, and facilities) at least 12 inches in diameter; (3) All straps and lines must be at least one inch in diameter; (4) No straps, lines, or hammocks can cross trails or pedestrian access points; (5) No straps, lines, or hammocks can be stacked on top of each other or creating wheel spokes; and (6) No straps, lines, or hammocks can be left unattended at any point. (b) The city reserves the right to close areas to hammocks, slacklines, and other line-related activities. The city may also for any purpose require a user to remove a strap, line, or hammock. Sec. 8-61. Domesticated animals. (a) It is unlawful for any park visitor to bring a domesticated animal into a park unless: (1) The domesticated animal has received all recommended vaccinations. (2) The domesticated animal is attended at all times. (3) The domesticated animal is restrained at all times on an adequate leash not longer than six feet. The owner of the domesticated animal is liable for any action taken or damage caused by the domesticated animal. (b) Park visitors who bring domesticated animals into a park must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove all fecal material deposited by a domesticated animal under their control and care. Park visitors removing animal wastes from park surfaces shall dispose of it in a sanitary manner, which may include depositing it in any designated waste receptacle located in the park. (c) Park visitors bringing a domesticated animal into a park shall not permit the animal to disturb, harass or interfere with any park visitor, any park visitor's property, or wildlife. (d) No domesticated animal, with the exception of service animals and police dogs, shall be permitted in/on beach areas, park buildings, skating rinks, athletic fields, athletic complexes, or any area clearly marked with a sign prohibiting domesticated animals. (Prior Code, § 702.700; Ord. No. 119-13, 11-23-2019) § 8-60 PRIOR LAKE CODE CD8:12 Sec. 8-62. Vehicles. Chapter 6 of this Code and state law relating to the operation of vehicles upon streets and highways shall apply within all parks and upon all park property. It is unlawful for any park visitor to: (1) Operate any vehicle within a park except upon designated roadways and parking areas or to operate a snowmobile within a park other than on designated trails within the park for snowmobile traffic. (2) Operate a vehicle in a park at a speed in excess of posted speed limits. (3) Park or leave a vehicle standing within a park except at a designated parking area during regular park hours. (4) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke or other polluting matter. (5) Operate a vehicle in a reckless or careless manner in a park. (6) Wash, polish, grease, change oil or repair any vehicle in a park. (Prior Code, § 702.800) Sec. 8-63. Mobility and electric-powered devices. (a) The use of electric-powered devices and all ADA-approved mobility devices is allowed in city parks if they are operated in a safe manner. (b) The following electric-powered devices are specifically allowed on all paved surfaces within city parks: (1) Bikes. (2) Freestanding devices such as Segways, hover boards, stand-up scooters, skateboards, longboards, etc. (3) Kid-powered ride-ons. (4) Scooters. (c) All devices authorized by this section must: (1) Be powered by electricity/battery; (2) Be operated in a safe manner, not exceeding speeds above 15 miles per hour; (3) Yield to non-motorized vehicles and devices; and (4) Yield to pedestrians. § 8-63PUBLIC WAYS AND PROPERTY CD8:13 Sec. 8-64. Alcohol within parks. (a) Consumption, possession and display of alcohol-related products. Alcohol-related products, as defined in section 4-20, may only be consumed or displayed in a park, subject to the following provisions: (1) Intoxicating liquors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, as defined in section 4-20, except beer, cider or wine in plastic bottles, plastic cups, cans or boxes for individual consumption. (2) Quantities. No park visitor shall have in their possession or bring into a park any alcohol-related products in kegs, barrels or other large quantities without prior written authorization from the city manager. (3) Roadways and parking lots. No park visitor shall display or consume alcohol-related products within 30 feet of any roadway or parking lot. (4) Prohibited areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the city has designated that such possession, display or consumption is prohibited. (5) Sale. No park visitor shall sell, barter, keep for sale, charge for possession or otherwise dispose of any alcohol-related products without a license pursuant to chapter 4, article II and without prior written authorization from the city manager. (6) Glass. No park visitor shall bring glass containers into a park. (b) Alcohol-free parks. The following parks shall be alcohol-free, including intoxicating and non-intoxicating liquors in any form or container: (1) Thomas Ryan Memorial Park. (2) Jeffers Pond Elementary School Park. (Prior Code, § 702.900; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 105-22, 9-17-2005; Ord. No. 118-16, 9-15-2018) Sec. 8-65. Special use. No park visitor or group shall have special use of all or any portion of a park unless they have first reserved the property with the city. Unless a reservation is made, use of park property will be on a first-come, first-served basis. (Prior Code, § 702.00; Ord. No. 105-09, 4-23-2005) Sec. 8-66. Liability. The city shall not be liable for any loss, damage or injury sustained by a park visitor. Any person using a park shall do so at their own risk. (Prior Code, § 702.1100) § 8-64 PRIOR LAKE CODE CD8:14 Sec. 8-67. Restitution, enforcement and penalties. (a) In addition to any other penalties provided by this article, any park visitor violating the provisions of this article shall make restitution to the city for the full value of the damage caused, including, but not limited to, the cost of repairs, replacement and any fees the city may have incurred, including legal, in enforcing the provisions of this article. (b) A park visitor guilty of violating any provision of this article shall be guilty of a misdemeanor, which is punishable in accordance with the penalties established by state law. (c) The police chief shall have the principal responsibility of enforcing the provisions of this article. In addition, city parks employees may, in connection with their duties imposed by law, diligently enforce the provisions of this article and eject from parks, park visitors acting in violation of this article. (d) The city manager shall have the authority to revoke for good cause any permit or reservation issued by the city. Nothing in this article shall prevent city employees or agents from performing their assigned duties. No person shall impersonate any employee of the city parks nor interfere with, harass nor hinder any employee in the discharge of his duties. Nothing in this article is intended to waive the application of state law within parks. (Prior Code, § 702.1200; Ord. No. 99-09, 8-7-1999; Ord. No. 105-09, 4-23-2005; Ord. No. 118-08, 6-9-2018) Secs. 8-68—8-90. Reserved. ARTICLE IV. PUBLIC WATERS Sec. 8-91. Purpose, intent and application. Consistent with the authority provided to the city pursuant to Minn. Stats. §§ 86B.201, 86B.205, and 459.20, and Minn. R. 6110.3000—6110.3800, the purpose of this article is to control and regulate the use of the waters of Upper and Lower Prior Lake in the city, to promote to the fullest extent possible the public's use and enjoyment of the of Upper and Lower Prior Lake, to promote and protect the safety of persons and property in connection with the use of the waters of Prior Lake, to harmonize and integrate the varying uses of the waters, and to promote the public health, safety and welfare. (Prior Code, § 703.200) Sec. 8-92. Definitions. For the purposes of this article, the definitions in Minn. Stats. § 86B.005 are incorporated herein and made part of this section. Terms not defined by the statute shall have the following meanings: High-water level means: (1) Prior Lake: A lake level of 903.9 feet or greater above mean sea level on Prior Lake, as determined by the Prior Lake-Spring Lake Watershed District gauge. § 8-92PUBLIC WAYS AND PROPERTY CD8:15 (2) Spring Lake: A lake level of 912.8 feet or greater above mean sea level on Spring Lake, as determined by the Prior Lake-Spring Lake Watershed District gauge. Personal watercraft means a watercraft less than 14 feet in length which uses a motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside, the watercraft. Prior Lake means the body of water given that name and assigned the lake numbers 70-2 and 70-72 by the state department of natural resources. Shore means the line separating land and water which shifts as lake levels increase and decrease. Slow no-wake means the operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five miles per hour or such lesser speed so as not to cause a wake. Towable means any water toy that is pulled or towed by a watercraft, including, but not limited to, inflated devices, kneeboards, wake boards, and water skis. Watercraft means any contrivance used or designed for navigation on water, except a waterfowl boat during the waterfowl hunting season, a rice boat during the harvest season, or a seaplane. (Prior Code, § 703.300) Sec. 8-93. Speed limitations. (a) Daytime speed limit. During the hours of sunrise to one hour after sunset, no person shall operate a watercraft at greater than 40 miles per hour. (b) Nighttime speed limit. During the hours from one hour after sunset to sunrise the next day, no person shall operate a watercraft at greater than 20 miles per hour. (c) General speed limits. No person shall operate a watercraft at any time at greater than slow no-wake speed within 150 feet from shore. (d) High-water level slow no-wake. No person shall operate a watercraft at greater than slow-no wake speed 24 hours per day when the lake level on Prior Lake exceeds 904.0 feet as measured at the gauge located on the northwest support on the County Road 21/Eagle Creek Avenue Bridge. When the water level reaches 904.0 feet above mean sea level, the city manager shall declare that no-wake restrictions are in effect. The city manager or designee shall arrange to have notice of the no-wake restriction televised on the city's cable channel. The slow no-wake restriction shall become effective as of the first televised notification. All public water accesses shall be posted prior to and during the time the restrictions are in place. In addition, notice of no-wake restrictions shall be posted at the city hall. When high-water levels have subsided and have remained below an elevation of 904.0 feet above mean sea level for three consecutive days, the restrictions shall be promptly removed. § 8-92 PRIOR LAKE CODE CD8:16 (e) Marked slow no-wake zones. No person shall, at any time, operate a watercraft at greater than slow no-wake speed in any marked no-wake zone. The city and county shall erect or cause to be erected buoys marking navigable channels or no-wake zones. These channels and zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and shore landowners. The channels/zones shall be posted at the following locations: (1) The channel located directly north and south of the County Road 21/Eagle Creek Avenue Bridge starting and ending at the navigational red and green channel markers placed at both ends. (2) The navigational channel marked by red and green navigational channel markers and no-wake buoys to the east of Reed's Island. (3) The navigation channel marked by slow no-wake buoys at both ends north and south of the Lords Street Bridge. (4) The navigational channel marked by slow no-wake buoys entering and exiting from Boudin's Bay, including the entire surface area of Boudin's Bay. (5) The entire surface area of Candy Cove, starting and ending at the no-wake buoy placed approximately 150 feet west of the entrance point to Candy Cove. (6) The channel located at the entrance/exit point to Mud Bay, marked by slow no-wake buoys at either end of the navigable channel at the entrance/exit point. (Prior Code, § 703.400) Sec. 8-94. Towing restrictions. No watercraft towing a person on any towable shall be operated at any time within 150 feet of shore; provided, however, that any watercraft launching or landing a person on the towable by the most direct and safe route to open water or shore shall be exempt from this provision. (Prior Code, § 703.500) Sec. 8-95. Additional restrictions. No person shall use an inflatable water toy, air mattress or innertube more than 150 feet from shore unless accompanied by a watercraft. No person shall swim more than 150 feet from shore unless accompanied by a watercraft. (Prior Code, § 703.600) Sec. 8-96. Exemptions. (a) All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this article. § 8-96PUBLIC WAYS AND PROPERTY CD8:17 (b) A temporary exemption from the restrictions set forth in section 8-94 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the county sheriff's department. (Prior Code, § 703.700) Sec. 8-97. Notification. The city shall notify the public of this article, which shall include, but not be limited to, placing a sign at each public water access outlining the essential elements of this article, as well as placing other necessary buoys and signs. (Prior Code, § 703.800) Sec. 8-98. Enforcement. The enforcement of this article shall be the primary responsibility of the county sheriff's department. Other licensed peace officers, including conservation officers of the state department of natural resources, are also authorized to enforce the provisions of this article. (Prior Code, § 703.900) Sec. 8-99. Penalties. Any person violating the terms of this article shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by state law. (Prior Code, § 703.1000; Ord. No. 109-04, 5-9-2009) Secs. 8-100—8-126. Reserved. ARTICLE V. UTILITY RATES, CHARGES AND FEES Sec. 8-127. Purpose; use and availability charges; annual fee schedule. (a) Purpose. The rates, charges and fees established by this article are for the purpose of paying: (1) The operation, construction, reconstruction, maintenance, repair, enlargement, improvement, use and administrative expenses of the city water, storm sewer and sanitary sewer facilities; and (2) The city's share, as allocated by the metropolitan council, for the operation and maintenance costs of the metropolitan disposal system and as defined in Minn. Stats. § 473.121, subd. 24. § 8-96 PRIOR LAKE CODE CD8:18 (b) Use and availability charges. The city council may, as authorized by statute, impose just and equitable charges for the use and for the availability of the city facilities and for connection with them. Fee justification studies shall be prepared to support changes in use and availability fee, except where the fees are established by the metropolitan council. (c) Annual fee schedule. Usage charges, connection charges, storm sewer, sanitary sewer and water availability charges, permit fees and penalty fees, except those imposed by special assessments, shall be set forth in the city's fee schedule, adopted annually by the city council. (Prior Code, § 704.100) Sec. 8-128. Connection and availability charges due upon development. The city may impose utility connection and availability charges due upon development. All such fees shall be set forth in the city fee schedule and shall be in addition to any connection and availability charges imposed by the metropolitan council. (Prior Code, § 704.200) Sec. 8-129. Connection and availability charges due with permit or work. (a) City connection charges. (1) All city sanitary sewer and water connection charges shall be paid before a permit to connect to the public sanitary sewer or water facilities will be issued unless payment is deferred pursuant to the city's deferral policy. The amount of the connection charge shall be determined by the number of units that will occupy the property as defined by the metropolitan council and based on the type of land use that will be conducted on the property multiplied by the unit charge set forth in the city fee schedule. (2) Upon any change in use of the property, the charges shall be recalculated and any additional charge resulting from the change in use or additional units shall be paid prior to the issuance of building or connection permits. (b) Metropolitan council. In addition to the city charges, the sanitary sewer availability charge, as determined by the metropolitan council, shall be paid prior to the issuance of any building or connection permits. (Prior Code, § 704.300) Sec. 8-130. Water and sanitary sewer charges and rates. (a) Minimum charges. Minimum charges for the availability of public water or sanitary sewer shall be imposed on properties where water or sanitary sewer facilities are available, regardless of the volume of water used or sewage discharged or whether the property is connected to the facilities. For purposes of this section, the definition of "available" in section 8-157 shall apply. For properties where water or sanitary sewer become available, the § 8-130PUBLIC WAYS AND PROPERTY CD8:19 minimum charges will be imposed beginning on the date of connection or one year from the date such facilities become available, whichever occurs sooner. The minimum charges shall be set forth in the city fee schedule and shall be imposed per billing period per account. (b) Rates. Rates and charges for the collection and treatment of sewage and for the treatment and distribution of water shall be established by the council and set forth in the city fee schedule. The rates may not exceed an amount reasonably calculated to cover the cost of the proper maintenance and operation of the facilities, including the cost of amortization of any indebtedness and a reserve for capital replacement. For properties served by another entity the rates for sewer and water are set forth in the intergovernmental agreement with that entity. (c) Users not connected to public water. Rates and charges for the collection and treatment of sewage for those properties not connected to public water shall be set in the city fee schedule. (d) Sanitary sewer rate cap. The charge for sanitary sewer usage for each billing cycle for bills issued in August and October (actual usage May 21 through September 20) shall not exceed 150 percent of the average charge for sanitary sewer usage for the bills issued in February and April (actual usage November 21 through March 20). The purpose for this sanitary sewer cap is to provide consideration for lawn and garden sprinkling and other related outside water usage, which does not flow into the sanitary sewer system. (e) Metropolitan council. In addition to the city charges, the sanitary sewer use rates, as determined by the metropolitan council, shall be imposed per billing cycle. (f) Bulk water rate. Charges for bulk water shall be set forth in the city fee schedule. (Prior Code, § 704.400; Ord. No. 117-20, 12-9-2017; Ord. No. 118-21, 12-15-2018) Sec. 8-131. Storm sewer charges and rates. (a) Stormwater management fee. The stormwater management fee is based on residential equivalency (RE) factors for various land uses. The residential equivalency factor is the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches, for a one-third acre residential lot, assuming 4.2 inches rainfall and USDA Hydrologic Soil Group B. The factors for various land uses are as follows: Class Land Use Zoning Use Districts RE Factor 1 Single-family residential R-S, R-1, R-2 1.00 2 Multiple-dwelling units (residential) R-3 1.65 3 Business/commercial C-1, C-2, C-3 2.07 4 Industrial I-1 1.82 5 Institutional (schools, churches and government buildings) Any 1.38 § 8-130 PRIOR LAKE CODE CD8:20 (b) Special circumstances. (1) Agricultural and rural residential zoned areas which have a residential or com- mercial building on the property will be considered a single-family residential classification and be charged the single-family residential parcel rate. (2) Property that has been platted or subdivided and has a structure on it will be charged the single-family residential parcel rate. (3) PUD and TC zoning and parcels owned by government agencies other than the city will be charged at the rate deemed most appropriate for each individual parcel. (c) Determination. The stormwater management fee shall be determined by the following steps: (1) The stormwater management fee rates will be periodically set by the city council as part of the city fee schedule. (2) The stormwater management fee for all single-family residential parcels shall be the product of the stormwater management fee rate, the RE factor, and one-third of an acre. (3) The stormwater management fee for all individual parcels other than single-family residential parcels shall be defined as the product of the stormwater management fee rate, the RE factor, and the total acreage of the parcel. (4) A minimum parcel size of one-third acre shall be used to determine the stormwater management fee for commercial site locations within agricultural zoned areas. (d) Credits. The city council, in its discretion, may adopt policies for adjustment of the stormwater management fee. Information to justify a fee adjustment must be supplied by the property owner. (e) Exemptions. The following land uses are exempt from the stormwater management fee: (1) Public right-of-way. (2) Lakes. (3) Wetland (with easements dedicated to the city). (4) City-owned property. (5) Cemeteries and golf courses. (6) Property which has been platted or subdivided but does not have a structure on it. (7) Property which has not been platted or subdivided and which does not have a structure on it, such as agricultural and conservation zoned land. (Prior Code, § 704.500) § 8-131PUBLIC WAYS AND PROPERTY CD8:21 Sec. 8-132. Other charges. (a) Capital facility charge. A capital facility charge may be imposed for the purpose of paying for the operation, construction, reconstruction, maintenance, repair, enlargement, improvement, use and administrative expenses of the city's capital facilities. (b) Industrial user extra strength charges. Each user receiving waste treatment services within or served by the city for industrial strength waste shall be charged an industrial strength charge in order to pay the charges allocated to the city by the metropolitan council. The strength charge shall either be billed directly by the metropolitan council to the user or shall be billed by the metropolitan council to the city and by the city to the user. (c) Water meter charges. Prior to issuance of a water meter for initial installation or for replacement or repair due to damage caused by the owner, occupant or tenant, a water meter charge, and if appropriate a pressure reducer charge or a frost plate charge, shall be imposed in the amount set forth in the city fee schedule. (d) Meter testing. Charges for testing of water meters shall be set forth in the city fee schedule. (e) Water shutoff and door hanger. Charges for shutting off or restoring water services and for door hangers shall be set forth in the city fee schedule. (f) Metropolitan council. In addition to the city charges, fees and charges as determined by the metropolitan council shall be imposed. (Prior Code, § 704.600; Ord. No. 117-20, 12-9-2017) Sec. 8-133. Accounts responsibility of owner. All charges, rates, fines and penalties relating to city utilities are the responsibility of the property owner regardless of whether the property is subject to a lease or occupied by a person other than the owner. (Prior Code, § 704.700) Sec. 8-134. Bills for service. (a) Billing and delinquency. Utilities, including water, sanitary sewer, stormwater, and any other utility services billable by the city shall be billed in the form and at intervals determined by the city. All charges shall be delinquent if they are unpaid by the bill due date. Each bill not paid by the due date shall be charged a late payment penalty of 1.5 percent per month until paid or until certified to taxes. Utility charges are a lien against the property, and the property owner remains responsible, at all times, for the payment of the charges in a timely manner. (b) Faulty meters. If a meter fails to register or accurately measure the water usage, the water and sanitary sewer charges shall be paid for at the established rate based upon past average billings as determined by the city. (Prior Code, § 704.800) § 8-132 PRIOR LAKE CODE CD8:22 Sec. 8-135. Certification. All charges and payments provided for herein are the primary responsibility of the owner of the premises served and all such charges and payments shall be a lien upon the property. Delinquent charges, including late payment penalties, shall be certified to the county auditor to be paid with property taxes. The finance director shall determine the certification amounts for each property, including the applicable interest rate as set forth in the special assessment policy, and the delinquent assessment administrative charge set by the city fee schedule. The owner of the property shall be given written notice stating the amount due, the date by which payment shall be made to avoid certification, the time, date, and location of the hearing where the city council will consider certification, and the interest rate on the certification. The amounts shall be certified to the county auditor for collection, in accordance with Minn. Stats. § 444.075, along with property taxes. (Prior Code, § 704.900) Sec. 8-136. Penalty. (a) Civil penalties for violations of this article shall be set forth in the city fee schedule. Any violation of this article which does not have a fee associated with it shall be charged to the violator at the cost incurred by the city in relation to the violation. (b) In addition to the penalties set forth in subsection (a) of this section, any person violating any provision of this article shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in accordance with the penalties established by Minn. Stats. § 609.02. A separate offense shall be deemed committed for each day the violation shall continue. Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage incurred by the city by reason of such violation. (Prior Code, § 704.1000; Ord. No. 115-17, 6-13-2015) Secs. 8-137—8-155. Reserved. ARTICLE VI. WATER AND SANITARY SEWER SYSTEM Sec. 8-156. General provisions. (a) Purpose. The purpose of this article is to establish regulations for the construction, management, operation and maintenance of water and sanitary sewer facilities inside and outside the corporate limits of the city. (b) Authority. In accordance with Minn. Stats. § 444.075, as may be amended from time to time, the city may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain facilities, and maintain and operate the facilities inside or outside its corporate limits, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose. The authority hereby granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of the state. § 8-156PUBLIC WAYS AND PROPERTY CD8:23 (c) Policies and procedures. The city manager, in consultation with appropriate city officials, may develop and maintain policies and procedures to implement the various provisions of this article. (d) Definitions. The definitions in Minn. Stats. § 444.075 apply to this article unless specifically stated otherwise. If the statute does not provide a definition, the plain and customary definition of the word applies. For purposes of this article, the term "facilities" means and includes any and all portions of the city's water and sanitary sewer systems. (Prior Code, § 705.100; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-157. Connection to city utility facilities. (a) Mandatory connection to public facilities. Every building, every separately owned space within a commercial building, every separately owned dwelling unit within a residential building, and every townhome unit shall have a separately metered water connection to the public water facilities and a separate sanitary sewer connection to the public sanitary sewer facilities if such facilities are available, except as provided in this section. For purposes of this section, the term "available" means that the primary structure on the property is within 200 feet of the facility; provided, however, that the facility shall not be considered available if the city public works director or city engineer determines that the connection is not feasible due to system capacity, topography, financial considerations or unique engineering circumstances. (b) Public facilities unavailable. The unavailability of public water and/or sanitary sewer facilities may support the denial of building permit and/or certificate of occupancy or a determination by the city that the subdivision is premature. When making such a determination the city shall consider the size of the proposed development, existing public or private facilities, and the expected timing of public facilities becoming available. (c) Public facilities available. (1) Connections shall be made to the public water and sanitary sewer facilities within one year of such facilities becoming available, unless the city public works director or city engineer determines that an extension is appropriate due to site conditions. (2) Connections to the public water and sanitary sewer facilities may be delayed for a period of three years if the existing sewer system is compliant with all current state, county and city regulations as evidenced by the property owner providing to the city proof of compliance from the county. Connection can be further delayed if the sewer system is re-certified every three years from the original date of certification. If the sewer system is not compliant or the property owner fails to re-certify the system prior to the expiration of the three-year period, connection to the public facilities shall be made immediately. (d) Health hazard. Notwithstanding anything else set forth in this section, owners, occupants and users shall comply with any order issued in regards to the public water facilities, the public sanitary sewer facilities, a private well and/or a private sewer system by § 8-156 PRIOR LAKE CODE CD8:24 an appropriate city, state or county official with jurisdiction, including, but not limited to, an order to connect to public facilities immediately if the private well and/or sewer system creates a nuisance or health hazard. (Prior Code, § 705.200; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-158. Permits. (a) Connection and repair permits required. (1) No person may make any connection, repair, or alteration to a public sanitary sewer or water facility, any part thereof, or any facility connected to a public sanitary sewer or water facility without first receiving a permit from the city. Applications for permits shall be made on forms provided by the city. a. Any person tapping into a city watermain, sanitary sewer or storm sewer shall obtain a right-of-way permit from the city pursuant to section 8-228. b. Any person connecting to a curb stop shall obtain a sewer/water permit from the city. All applications to connect to a curb stop shall be made, and all work related to connection to a curb stop shall be performed, by a master plumber or pipe layer, who shall be licensed by the state. c. Any person performing work on a water meter shall obtain a permit as required by section 8-160(d). d. Any person, including property owners, performing plumbing work on private property, which work does not involve tapping into a main, connecting to a curb stop, or work on a water meter, shall obtain a plumbing permit from the city. Work includes, but is not limited to, water softener installation, water heater installation, water filter, general piping and fixture installation, etc. (2) Applicable connection and permit fees shall be paid prior to the issuance of a permit. (3) Issuance of a permit may be conditioned on the city's review of the subject property. (4) The permit holder shall notify the city upon completion of the work to allow the city to inspect the work. It is unlawful to cover any work until the city has inspected and approved the work. (5) The city may deny a permit if there are unpaid charges, fees, taxes or delinquent special assessments on the property. (6) All work under a permit shall comply with all applicable federal, state and local regulations, including, but not limited to, the state plumbing code and the city's public works design manual. (b) Private water and sewer systems, city certificate and county permit required. No person may install a private water system or a private sewer system without first obtaining confirmation in writing from the city stating city facilities are not available and written § 8-158PUBLIC WAYS AND PROPERTY CD8:25 approval from the county. The applicant shall provide the city with a copy of the approval from the county prior to beginning installation. All work shall comply with all applicable federal, state and local regulations. (Prior Code, § 705.300; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-159. Responsibility and maintenance. (a) Service lateral liability. (1) Water service. Except as otherwise provided by written agreement with the city, after the initial connection of a water line to a property has been made, the owner, occupant, or user of the property shall be responsible for the maintenance of the service pipe from the building to the curb stop, excluding the curb stop. The owner, occupant, or user shall notify the city if a curb stop needs repair or adjustment. The city shall perform all repairs and adjustments on curb stops unless the city public works director determines that the damage was caused directly by the owner, occupant or user, or their agent or contractor, in which case the owner, occupant or user is responsible for the repair. The city shall not be responsible for any damage to persons or property due to the condition or height of the curb stop. (2) City repairs. Upon completion of work, the city shall restore the property back to grade and shall restore public infrastructure. The city shall replace impacted portion of driveway with either standard concrete or asphalt only. (3) Sanitary sewer service. Except as otherwise provided by written agreement with the city, after the initial connection of a sanitary sewer line to a property has been made, the owner, occupant, or user of the property shall be responsible for the cleaning, maintenance, repair and replacement of the service line from the building to the sanitary sewer main, including the wye. (4) Location. It is the responsibility of the owner, occupant or tenant to ensure that the water and sanitary sewer service laterals can be located in accordance with the public works design manual. If the service laterals cannot be located, any damage to the service laterals is the responsibility of the owner, occupant or tenant. (5) Frozen pipes. The owner, occupant, or user of the property shall be responsible for the repair of all frozen pipes except for the main. The city may assist with the thawing of frozen pipes pursuant to the city's frozen water service policy. (b) Notice of service leaks or failures. Any owner, occupant or user of a premises who shall discover a leak or failure in a service line shall notify the city within 24 hours. Any water wasted due to failure of a person to comply with this regulation may be estimated by the city and be charged to that person at the current rate. (c) Private water not permitted in public systems. A complete physical separation shall be maintained between the public water supply and any private water supply system so that it is impossible for any water produced by a private system to be introduced into the public system. § 8-158 PRIOR LAKE CODE CD8:26 (d) Excavation and repair work in the right-of-way. No digging may occur in the street right-of-way without first obtaining a right-of-way permit from the city pursuant to section 8-228 pertaining to right-of-way management and complying with all requirements of said section. (Prior Code, § 705.400; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-160. Water meters. (a) Meter reading system. The city has implemented an automatic meter reading system (AMRS) to measure water usage. The system consists of a water meter connected to the premises that measures the amount of water consumed on the premises, meter transmission units also connected on the premises that convey the value of water measured, and data collection units that compile the usage data from individual premises for use by the utility billing department. (b) Water meter definition. As used in this section, the term "water meter" means the components necessary to meter and transmit water usage data from the premises to the city. The components include, but are not limited to, the meter horn or yoke, meter bowl, register, pressure reducing valve, meter interface unit (MIU) or meter transmitting unit (MTU). (c) Water meter required. No person may use water conveyed through the public water system without first installing a water meter specified by the city. Any unmetered water use shall be estimated by the city and billed to the account at the current rate. (d) Water meter regulations. (1) Water meters shall be installed only by master plumbers, who shall be licensed by the state. The master plumber shall obtain the water meter from the city and pay the fee set forth in the city fee schedule prior to obtaining a water meter. (2) Every water meter connected to the public water facilities shall be installed and sealed by or under the direction of the city. No person shall break the seal on a water meter except at the direction of the city. (3) The city shall be responsible for the maintenance, repair and/or replacement of water meters and the related costs, unless the owner, occupant or user is directly responsible for the damage to the water meter due to freezing, hot water, neglect or other similar causes, in which case the owner, occupant or user shall be responsible for the costs. The owner, occupant or user shall notify the city of the need for any such work. (4) Whenever any seal attached to a water meter is found broken, the broken seal shall be considered prima facie evidence that the seal was broken in violation of this article. (5) All water meters connected to the water system shall be accessible to the city, its employees or agents for inspection and repair upon ten days' notice at any reasonable hour of any business day. Failure to permit the city access to the premises to inspect or repair the meter constitutes a violation of this article. § 8-160PUBLIC WAYS AND PROPERTY CD8:27 (6) It is a violation of this article for any person to physically obstruct a meter or otherwise interfere or make it difficult to read or repair a meter. (e) Testing of meters. Whenever any person questions the accuracy of a meter and desires that the meter be tested, the city, its employee or agent shall test the meter. If the meter is found to be accurate, the person who requested the test shall pay a fee to cover the cost of the test, any related work and any administrative costs. Such fee shall be set by the city council in the city fee schedule. (Prior Code, § 705.500; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-161. Bulk water and bulk water meters. (a) Bulk water fees. Bulk water may be obtained from the city upon payment of the applicable fees and charges. (b) Bulk water from hydrants. No person except an employee or authorized agent of the city or member of the fire department may operate a fire hydrant without a permit. A contractor or individual may apply to the city for a permit to obtain a bulk water meter. The application shall be on a form provided by the city and be accompanied by the fee set forth in the city fee schedule. The city may issue the permit if, in its discretion, the requested use will not interfere with or negatively affect the city's water system. If the permit is issued, a hydrant meter shall be issued to the permittee. The permittee shall be responsible for any damage caused to the hydrant or the hydrant meter. The contractor or individual shall be responsible for paying for the water usage at the current rate at the time the meter is returned. (Prior Code, § 705.600; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-162. Water use restrictions. (a) Annual water use restrictions. The following limitations shall be imposed on the use of the public water supply to conserve water resources and provide flexibility to meet peak demands. All use of city water for the purpose of irrigating lawns or landscaping is restricted to odd/even days before 10:00 a.m. and after 5:00 p.m. from May 1 to October 1 each year. (1) Properties with odd-numbered addresses may water on odd-numbered calendar days before 10:00 a.m. and after 5:00 p.m. Properties with even-numbered addresses may water on even-numbered calendar days before 10:00 a.m. and after 5:00 p.m. (2) Homeowners' associations and apartments north of 160th Street may water on odd-numbered calendar days before 10:00 a.m. and after 5:00 p.m. Homeowners' associations and apartments south of 160th Street may water on even-numbered calendar days before 10:00 a.m. and after 5:00 p.m. (b) Exceptions to annual water use restrictions. The following activities are exempt from the water use restrictions of this section to the extent stated: (1) City athletic field complexes are exempt from the odd/even watering restrictions but must comply with the midday restrictions. § 8-160 PRIOR LAKE CODE CD8:28 (2) The following activities are exempt from the odd/even and midday watering restrictions: a. Limited hand watering of gardens and plants using a hose. b. Watering of areas with new sod or seed within 30 days of installation. A permit must be obtained from public works to receive this exemption. (c) Water emergency. The city manager or designee may impose emergency regulations pertaining to public water use when in the manager's discretion such restrictions are necessary to protect the public health, safety, and general welfare. When determining if there is a water emergency, the city manager or designee shall consider whether production of water cannot meet the demand; water in storage is expected to be depleted within 24 hours; and/or there is a serious malfunction of equipment or facilities. (1) The restrictions on water use may include, but are not limited to, a total prohibition of watering, sprinkling, or irrigation of lawn, grass, turf, or plantings. (2) Restrictions imposed during an emergency shall continue in effect until the end of the emergency and/or they are removed by the city manager or his/her designee. (3) Notification of restrictions may be made using local media, social media, the city website, and any other means available to publicize the water emergency and to inform the citizens of the water restrictions. (Prior Code, § 705.700; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-163. Failure of facilities and discontinuance. (a) Failure of facilities. The city shall not be held liable at any time for any deficiency or failure in the water or sanitary sewer facilities, including, but not limited to, supply of water, water shutoffs and sanitary sewer backups. (b) Discontinuance. (1) Water service may be shut off or discontinued whenever the city public works director or city engineer determines that: a. The owner or occupant of the premises served or any person working on any connection for the premises served by public water and sanitary sewer facilities has violated any requirement of this Code relative thereto, or any connection therewith; b. Any charge or any other financial obligation imposed by this article on the present owner or occupant of the premises served is unpaid after due notice thereof; c. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges; d. There is a health or safety concern related to the water or sanitary sewer facilities; or § 8-163PUBLIC WAYS AND PROPERTY CD8:29 e. The owner or occupant of the premises served by the city's municipal water service fails: 1. Within three days after written request by the city to the owner or occupant to provide a time, within seven days of the written request, to permit entry into the premises by the city, its employees or contractors, during normal working hours, for the purpose of repairing, replacing, modifying or equipping the premises' water meter or the equipment for the reading of the meter; or 2. Fails to permit entry into the premises by the city, its employees or contractors to repair, replace, modify or equip the water meter or the equipment for the reading of the meter at and during the time provided by the owner or occupant. (2) Water service shall be shut off at the curb stop. The city shall give the occupant of the premises written notice, delivered by mail, stating the reason for the shutoff, the required cure, and that if the cure is not completed before the day stated in the notice, but not less than five days after the date on which the notice is given, the water to the premises will be shut off. If water service is terminated by the city for any reason, the water shall not be turned on until the city has inspected and approved the work and/or all applicable fees have been paid. (c) Emergency discontinuance. When reasonably necessary to protect the public health, safety or welfare of the public water supply or private property, the city public works director or city engineer may discontinue water service to a property immediately. When determining if an emergency exists, the city public works director or city engineer shall consider the following: (1) If the property is vacant; (2) If the property is unsecured; (3) If the property is determined to be uninhabitable or unsuitable for occupancy; (4) If other utilities to the property providing heat or light have been shut off; (5) If the property has plumbing that is failing or unsafe; (6) If water service to the property creates or contributes to an unsanitary or unsafe condition for anyone who enters the property; (7) If water service to the property has the potential to adversely affect the city's water system; or (8) If the property owner or occupant has refused access to a city representative as authorized by this Code. (Prior Code, § 705.800; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) § 8-163 PRIOR LAKE CODE CD8:30 Sec. 8-164. Draining of pools. (a) System limitations; permit required. The sanitary sewer system is not designed to handle the draining of pools and may not have the capacity to accept such drainage. The draining of pools into the sanitary sewer system has the potential to create backups which may damage the system and properties connected to the system. Therefore, any person draining any pool into the sanitary sewer system shall first obtain a permit from the city. (b) Application. The application for a permit shall be on a form provided by the city, shall include all requested information, shall be truthful in all respects and shall be accompanied by an application fee as set forth in the city fee schedule. (c) Review. Upon receipt of a complete application, the city public works director shall review the application and either issue or deny the permit in writing. The public works director may issue a permit if, in the public works director's discretion, the pool can be safely drained into the sanitary sewer system without any negative effects on the sanitary sewer system or any other public or private property. The public works director may include any conditions on the permit that he/she deems appropriate, including, but not limited to, timing of drainage, flow rates, and maintenance of insurance. The public works director may deny a permit if, in the public works director's discretion, the pool cannot be safely drained into the sanitary sewer system without negative effects on the sanitary sewer system or any other public or private property. (d) Revocation. A permit issued under this section is subject to revocation by the city public works director for any failure to comply with the permit, any violation of this article, any damage or risk of damage to the sanitary sewer system or any other public or private property, or violation of any other ordinance of the city or the law of the state. Notice of the revocation shall be provided to the permit holder in writing. Upon receipt of the notice of revocation, the permit holder shall immediately cease draining the pool into the sanitary sewer system. (e) Violation and penalty. Any failure to obtain and comply with the required permit, in addition to being a violation of this article, may result in the person being held responsible for any damage which may occur to public or private property as a result of the pool drainage. (Prior Code, § 705.900; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-165. Wastes prohibited. It is a violation of this article for any person to direct into or allow any stormwater, surface water, water from air conditioning systems, oil or other similar material, including, but not limited to, all materials prohibited by the metropolitan council environmental services, to drain into the sanitary sewer system. (Prior Code, § 705.1000; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) § 8-165PUBLIC WAYS AND PROPERTY CD8:31 Sec. 8-166. Tampering prohibited. No person may install, modify, alter, bypass, tamper or in any manner interfere with the public water or sanitary sewer facilities, including, but not limited to, hydrants, water meters and related components, unless permitted by this article. (Prior Code, § 705.1100; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-167. Right of entry. The city's employees and agents shall have the right, after obtaining a search warrant if a warrant is demanded, to enter any lands, property, or buildings in the city for the purpose of inspection, maintenance and repair of its water meters and inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water or sanitary sewer facilities. (Prior Code, § 705.1200; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-168. Contract. The provisions of this article relating to water and sanitary sewer facilities shall constitute portions of the contract between the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. All contracts between public utilities and consumers of utility services other than municipal shall be in strict accord with the provisions of this article. (Prior Code, § 705.1300; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Sec. 8-169. Penalty. (a) Any person violating any provision of this article shall, upon conviction thereof, be guilty of a misdemeanor and be punishable in accordance with the penalties established by Minn. Stats. § 609.02 as may be amended. A separate offense shall be deemed committed for each day the violation shall continue. Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage incurred by the city by reason of such violation. (b) Civil penalties for violations of this article shall be set forth in the city fee schedule. Any violation of this article which does not have a fee associated with it shall be charged to the violator at the cost incurred by the city in relation to the violation. (Prior Code, § 705.1400; Ord. No. 115-17, 6-13-2015; Ord. No. 118-18, 12-15-2018) Secs. 8-170—8-190. Reserved. § 8-166 PRIOR LAKE CODE CD8:32 ARTICLE VII. EXCAVATING AND GRADING Sec. 8-191. Purpose. This article is intended to conserve, protect, and manage the city's surface water resources consistent with the provisions of the city's local surface water management plan, the public works design manual, zoning regulations, subdivision regulations, building regulations, and regulations for the management of shoreland areas within the city. (Prior Code, § 706.100) Sec. 8-192. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Construction activity means activities, including clearing, grading, and excavating, that result in land disturbance. This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and nonvegetative), or the existing soil topography that may result in accelerated stormwater runoff that may lead to soil erosion and movement of sediment. Stormwater means precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage, as defined in Minn. R. ch. 7090. Surface water means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private, except that surface waters do not include stormwater treatment systems constructed from upland, as defined in Minn. R. ch. 7090. Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, as defined in Minn. R. 7050.0186, subpt. 1a(B). (Prior Code, § 706.200) Sec. 8-193. Permit required. An excavating and grading permit is required for construction activity that results in land disturbance equal to or greater than 500 square feet of surface area. (Prior Code, § 706.300) Sec. 8-194. Application requirements. A complete permit application must be reviewed and approved before any qualifying construction activity occurs. Permit requirements are enumerated on the permit form, § 8-194PUBLIC WAYS AND PROPERTY CD8:33 available electronically on the city website or hard copy at city hall. Excavating and grading permit applications must include supporting documentation that complies with the city's local surface water management plan and the public works design manual. (Prior Code, § 706.400) Sec. 8-195. Permit issuance requirements. The city may require the following prior to permit issuance: (1) General design standards. The project shall comply with the city local surface water management plan and public works design manual. (2) Setback requirements. Setbacks shall meet the requirements of city zoning regula- tions. (3) Elevation. All building and structure elevations shall meet city zoning requirements. (4) Roads and parking areas. Roads and parking areas shall meet all structure setback requirements. Roads and parking areas shall consist of asphalt, concrete, pavers, or other surfaces approved by the city. Roads and parking areas shall not be gravel. (5) Unsuitable lands. No permit shall be issued for lands the city determines to be unsuitable for the proposed use because of flooding, inadequate drainage, soil or rock formations, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, noncompliance with the city local surface water management plan or the public works design manual, or any other feature likely to be harmful to the health, safety or welfare of city residents. (6) Other approvals. The applicant shall contact the Prior Lake Spring Lake Watershed District, Scott Watershed Management Organization, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and the U.S. Army Corps of Engineers for any necessary approval by any of these agencies before applying for a city grading and excavating permit. The permit applicant shall provide documenta- tion of all other required approvals. (7) Utilities. Permit applicants are responsible for notifying all utilities in advance of any proposed construction activity and shall provide documentation of this notifica- tion. (8) Barricades. Permit applicants may be required to install a fence, guard, or barricade to prevent access to the proposed construction activity. The permittee shall have his/her contract information plainly and legibly printed upon or attached to all required barricades. (9) Site restoration. After permitted construction activity is completed, or when ordered by the city, the permittee shall restore the site to the approved final condition in accordance with a timeline established by the city. (10) Inspections. Permit sites will be inspected for compliance with permit terms on a regular basis. Permit site inspection frequency is at the discretion of the city. § 8-194 PRIOR LAKE CODE CD8:34 (11) Wetlands. All sites must be evaluated for the potential presence of wetlands. All requirements of the state Wetland Conservation Act, Minn. Stats. ch. 354, must be satisfied. U.S. Army Corps of Engineers' wetland requirements may also apply. (Prior Code, § 706.600) Sec. 8-196. Security requirements. All permit applications required by this article shall be made in writing and accompanied by the following: (1) Fees as set forth in the rules and regulations promulgated by the city council, which rules and regulations shall be on file in the office of the city engineer. (2) A public liability insurance policy in which the city is named as co-insured in such amounts and with such coverage as may be determined by the city engineer or the city council on advice from the city engineer to protect the city from all claims or damages which might be assessed against the city by reason of the application for the permit. (3) For applicants who will be doing more than one project in the city, a certificate of insurance may be left on file with the city clerk without filing of a separate certificate for each permit. In such cases, one blanket bond indemnifying the city for completion and complying with the city ordinances may be filed in the aggregate amount of the total current jobs that the applicant will be undertaking at a rate and with the coverage as determined by the city manager or the city council. (4) Any applicant to whom such permit is granted, or the owner of any premises upon which the activity the subject of the permit occurs, who shall refuse, neglect or fail to fence, guard, properly drain or fill in, any excavation when ordered or required by the city engineer to so do, as promptly as the same can reasonably be done, shall be guilty of a violation of this article. Any filling or excavating in violation of this article shall be evidence of negligence in any action by any person thereafter injured or damages incurred to the person or property thereby. (5) The city manager or the city council may, for failure of any person to comply with any requirement made of him under the provisions of this article, after notice given to the applicant or owner, order that the applicant or owner promptly and within reasonable time comply with the requirements of the order and proceed to cause compliance as specified in the order, and if such applicant or owner does not, promptly and within reasonable time, comply with the requirements of the order, proceed to cause the required work to be accomplished, the cost of which work shall be assessed against the property whereon such excavation or filling is situated; or the city may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued and his/her sureties or security, if such bond, irrevocable letter of credit or monies or security exists. (Prior Code, § 706.600) § 8-196PUBLIC WAYS AND PROPERTY CD8:35 Sec. 8-197. Nuisance prohibited. All permitted sites shall be in compliance with city nuisance regulations. The city may cancel or deny any permit that is deemed a nuisance. (Prior Code, § 706.700) Sec. 8-198. Completion. Upon completion of the operations authorized hereunder, the person to whom the permit has been issued shall submit to the city a certificate from a registered land surveyor or registered professional engineer duly licensed by the state that the work has been completed in accordance with this article. A survey and two-foot topographical contour map shall be included to show the depth of the area from which material has been removed or in which it has been deposited and the slopes from which the material has been removed or which it has been deposited connecting with adjoining lands. (Prior Code, § 706.800) Sec. 8-199. Civil penalties for violations. Civil penalties for violations of this article shall be set forth in the city fee schedule. Any violation of this article which does not have a fee associated with it shall be charged to the violator at the cost incurred by the city in relation to the violation. (Prior Code, § 706.900) Secs. 8-200—8-221. Reserved. ARTICLE VIII. RIGHT-OF-WAY MANAGEMENT Sec. 8-222. Election to manage the rights-of-way. Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, including, but not limited to, Minn. Stats. § 237.163, subd. 2(b), the city elects to manage rights-of-way within its jurisdiction. This article shall be interpreted consistently with Minn. Stats. ch. 237, Minn. R. ch. 7819, and other laws governing applicable rights of the city and users of the right-of-way. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (Prior Code, § 707.100) Sec. 8-223. Administration. The city public works director is the principal city official responsible for the administra- tion of the right-of-way, right-of-way permits, and other ordinances related thereto. The public works director may delegate any or all of the duties hereunder. (Prior Code, § 707.200) § 8-197 PRIOR LAKE CODE CD8:36 Sec. 8-224. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person applying for a right-of-way permit or registration under this article. Emergency means a condition that poses a clear and immediate danger to life or health, may result in a significant loss of property, or requires immediate repair or replacement in order to restore service. Excavate means to dig into or in any way remove, physically disturb, or penetrate any part of a right-of-way. Facility means a tangible asset for use in connection with the storage or conveyance of water; sewage; lighting; electronic, telephone or telegraphic communications; fiber optics; cable television; electric energy; oil; natural gas; or hazardous liquids. The term "facility" includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, telecommunications facility, manholes, and attachments. Obstruct means to place any tangible object upon a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Permit holder means any person to whom a right-of-way permit has been issued by the city. Registrant means any person for whom a registration has been confirmed by the city. Right-of-way means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, trail, and public sidewalk in which the city has an interest, including, but not limited to, dedicated or deeded rights-of-way for travel and utility purposes. Right-of-way user means a person owning or controlling or desiring to own or control a facility in the right-of-way. The term "right-of-way user" includes a telecommunications user. Structure means any ground- or building-mounted pole, spire, tower, building or combination thereof used to support or convey any facility within the right-of-way. Telecommunications facility means a tangible asset used to provide wireless telecom- munications services, including all antennas, support devices, and telecommunications mechanical equipment, including ground-mounted equipment, associated cables, and attach- ments. Telecommunications user means a person owning or controlling or desiring to own or control a telecommunications facility in the right-of-way. (Prior Code, § 707.300) § 8-224PUBLIC WAYS AND PROPERTY CD8:37 Sec. 8-225. Application and scope. Except as otherwise stated herein, the provisions of this article are applicable to all public and private right-of-way users, including, but not limited to, those rights-of-way owned or operated by private entities, the United States, the state, or any county, town, city, district, or other political subdivision located wholly or partially within the corporate limits of the city. All right-of-way users shall comply with all applicable provisions of this article. (Prior Code, § 707.400) Sec. 8-226. Right-of-way vacation. If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minn. R. 7819.3200. (Prior Code, § 707.500) Sec. 8-227. Abandoned facilities. A right-of-way user shall notify the city when facilities are to be abandoned. A right-of-way user who has abandoned facilities in a right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the city public works director waives this requirement. (Prior Code, § 707.600) Sec. 8-228. Right-of-way permits. (a) Findings, purpose and intent. To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the city has enacted this section relating to right-of-way permits. This section imposes reasonable regulations on the placement and maintenance of facilities and equipment currently within the city's rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this section, persons excavating and obstructing the rights-of- way will bear financial responsibility for their work. Finally, this section provides for recovery of out-of-pocket and projected costs from persons using the rights-of-way. (b) Permit required. (1) Generally. In addition to all other requirements in this article, including, but not limited to, the requirement for a telecommunications user to register each facility pursuant to section 8-229 and the requirements relating to siting of new structures in section 8-230, and except as otherwise provided in this Code, no person shall install, construct, repair, remove or relocate a facility or temporarily or permanently obstruct or excavate any right-of-way without first having obtained a right-of-way permit from the city. § 8-225 PRIOR LAKE CODE CD8:38 (2) Exceptions. A right-of-way permit is not required for the following activities. These exceptions do not relieve the person from fully complying with all applicable provisions of this Code: a. No right-of-way permit is required of the property owner for gardening or sodding otherwise allowed in the boulevard area adjacent to the paved portion of the public streets, or for gardening or sodding in boulevard areas where a public easement exists for underground purposes. Trees, shrubbery, gardening and sodding in the boulevard by the property owner are allowed only by permission of the city public works director and shall be removed and the right-of-way restored to its condition prior to the placement promptly by the owner at the owner's expense upon a finding by the city public works director that the existence of such encroachment upon the boulevard interferes with maintenance of the boulevard, interferes with maintenance or replacement of a utility or right-of-way improvement, or constitutes a safety hazard. b. No right-of-way permit is required of the property owner for driveway replace- ment or repair that does not involve any of the following in the boulevard area: 1. Enlargement or reduction of the driveway area. 2. Relocation of the driveway from its existing location. 3. Change to the driveway grade. 4. Repair to or change of the driveway curb, gutter, or apron. c. No right-of-way permit is required of city employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the city. d. No right-of-way permit is required of persons who install mailboxes in the right-of-way in accordance with requirements of the U.S. Postal Service. e. No right-of-way permit is required of persons who temporarily place residential household refuse containers in the right-of-way for the collection of solid waste or recyclables. (c) Application. (1) A written application for a right-of-way permit shall be submitted to the engineering and inspections department at least two weeks prior to the anticipated project start date. The application shall be made on a form provided by the city. (2) If the city has suffered any undisputed loss, damage, or expense because of the applicant's prior excavations, obstructions, or other work in the right-of-way or any emergency actions relating thereto, the city public works director may require the applicant to reimburse the city for such expense before considering a new permit application for approval. § 8-228PUBLIC WAYS AND PROPERTY CD8:39 (d) Fees. (1) The city shall establish a right-of-way permit fee in an amount sufficient to recover city costs. The city shall impose the permit fee at the time an application for a right-of-way permit is submitted. An application shall not be reviewed or a permit issued unless the permit fee has been paid. Permit fees paid for a permit that is denied or revoked are not refundable. Unless otherwise agreed to in a franchise agreement, permit fees may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. (2) In accordance with Minn. R. 7819.1000, subpt. 3, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, or restoration. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including, without limitation, inclement weather, acts of God, or civil strife. (3) The permit fee and delay penalty shall be established from time to time by the city council and set forth in the city fee schedule. (e) Issuance, conditions, and insurance. (1) Issuance. Upon the city public works director's determination that the applicant has satisfied the requirements of this article, the city public works director shall issue the right-of-way permit subject to the terms and conditions of this article. (2) Conditions. The city public works director may impose reasonable conditions upon the issuance of the right-of-way permit and the performance of the permit holder to protect the public health, safety, and welfare or to protect the right-of-way and its current use. In addition, a permit holder shall comply with all local, state and federal laws, rules, and regulations, including, but not limited to, Minn. Stats. ch. 216D, Minn. R. ch. 7560 (Gopher One Call Excavation Notice System), and provision of mapping information in accordance with Minn. R. 7819.4000 and 7819.4100. (3) Insurance. The permit holder shall obtain and maintain, throughout the term of the right-of-way permit and all work performed under the permit, a commercial general liability insurance policy which provides coverage for damage to the personal property of others or injury to persons. The city shall be named as an additional insured on the insurance policy. The policy shall contain a clause which provides language stating that the company that issues the policy shall not change, nonrenew, or materially change the policy without first providing the city 30 days' prior written notice. (f) Display. Right-of-way permits shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city public works director. § 8-228 PRIOR LAKE CODE CD8:40 (g) Validity and extensions. A right-of-way permit is valid only for the area of the right-of-way specified in the permit and for the dates specified in the permit. No permit holder may do any work outside of the area specified in the permit or begin its work before the permit start date or continue working after the permit end date. Any permit holder desiring to obstruct, excavate, or perform other work in an area greater than that specified in the permit or desiring to perform work on dates not specified in the permit shall apply for a new or extended right-of-way permit and pay any additional fees required by the city. The permit holder shall obtain the new or extended permit before performing any work not allowed by the original permit. (h) Financial security. Before a right-of-way permit is issued, the applicant shall deposit cash or submit an irrevocable letter of credit or a corporate bond in favor of the city in an amount determined by the city public works director to be sufficient to cover expenses of restoration and permit administration; properly safeguard persons or property exposed to the work or activity; protect the city and its employees from any suit, action or cause of action arising by reason of such work or activity; and cover costs of enforcement. The city public works director may require additional security in the amount necessary to assure the city that the street and base are restored to a condition comparable to that in existence when the work commenced. The city shall deduct from the financial security all costs actually incurred by the city. Any portion of the financial security not retained by the city shall be returned to the person who submitted the financial security within 60 days of the completion of the work. If the costs exceed the financial security, the city may, at any time, require that additional funds be deposited. Regardless of whether additional funds are deposited, if the costs exceed the financial security after the work is complete, the city shall invoice the permit holder for the difference. The invoice shall be paid within 30 days of receipt. The required financial security must be: (1) Satisfactory to the city attorney in form and substance. (2) Conditioned on the permit holder's faithful compliance with all the terms and conditions of this article and all rules, regulations and requirements pursuant thereto, including payment of all charges and fees. (3) Conditioned on the permit holder's agreement to indemnify and hold the city, its elected and appointed officials, employees and agents, and its officers harmless against all claims, judgments, or other costs arising from the right-of-way permit or for which the city, its elected and appointed officials, employees, and agents may be made liable by reason of any accident or injury to persons or property through the fault of the applicant or permit holder. (i) Denial of permit. The city public works director may deny a right-of-way permit for failure to meet the requirements and conditions of this article or if the city public works director determines that the denial is necessary to protect the health, safety, and welfare of the public or to protect the right-of-way and its current use. § 8-228PUBLIC WAYS AND PROPERTY CD8:41 (j) Standards for construction or installation. (1) General standards. Excavation, backfilling, patching, restoration, installation or maintenance of fixtures and structures and all other work performed in the right-of-way must be done in conformance with all applicable state law and rules, including without limitation Minn. R. 7819.5000 and 7819.5100, all requirements of this Code, and all local laws, rules and regulations. The permit holder shall comply with the following additional standards when performing the work authorized under the right-of-way permit: a. Take such precautions as are necessary to avoid creating unsanitary conditions. b. Conduct the operations and perform the work in a manner that ensures the least obstruction to and interference with traffic. c. Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. d. Notify in writing property owners within 75 feet of the work to be performed at least three days prior to any work being performed. The written notice shall include contact information for the permit holder, the nature of the work being done, possible planned service interruptions, anticipated construction dates, including duration of the work, and a map or graphic showing the location of the work relative to the properties. e. Comply with the state manual of uniform traffic control devices at all times during construction or installation. f. Exercise caution at all times for the protection of persons, including employees, and property. g. Protect and identify excavations and work operations with barricade flags and, if required, by a flag person in the daytime and by warning lights at night. h. Provide proper trench protection as required by the occupational safety and health administration to prevent cave-ins endangering life. i. Protect the root growth of trees and shrubbery. j. If possible, provide for space in the installation area for other right-of-way users. k. Maintain access to all properties and cross streets whenever possible during construction and installation and maintain emergency vehicle access at all times. l. Maintain alignment and grade unless otherwise authorized by the city public works director. Changes not approved by the city public works director will require removal and reconstruction. m. Other reasonable standards and requirements of the city public works director. § 8-228 PRIOR LAKE CODE CD8:42 (2) Additional standards. a. During plowing or trenching of facilities, a warning tape must be placed at a depth of 12 inches above copper cables with over 200 pairs and above fiber facilities. b. Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit. c. The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stats. § 326B.35. d. At the direction of the city public works director, facilities being installed or relocated shall be placed in a common conduit system or share other common arrangements. e. A state-licensed surveyor shall be used to locate property lines, install property pins, and replace any destroyed property pins at corners. f. Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the city public works director. g. Excavations, trenches, and jacking pits shall be protected when unattended to prevent entrance of surface drainage. h. All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 95 percent of standard proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating compac- tors as appropriate. i. Backfill material shall be subject to the approval of the city public works director. The director may permit backfilling with the material from the excavation, provided such material is acceptable to the city public works director. j. Compacted backfill shall be brought to bottom of the aggregate base of the approved street section. k. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. l. No lugs damaging to roadway surfaces may be used. m. Dirt or debris must be removed from the adjacent roadway during construction, which may require the use of a mechanical sweeper. n. Above-ground utility markers may not be installed except as authorized by the city public works director. o. All disturbed soil shall be restored to a stable condition using sod or seed and approved temporary erosion control measures. § 8-228PUBLIC WAYS AND PROPERTY CD8:43 p. All utilities within public right-of-way shall be buried. No overhead utilities shall be permitted. This includes all city project areas, developments and utilities within city limits. q. All unused utilities shall be removed from the right-of-way. Abandoning utilities is not allowed. (3) Standards for installation of underground utilities. The permit holder shall comply with the following standards when installing facilities underground: a. Buried fiber facilities shall be at a minimum depth of three feet and a maximum depth of four feet unless an alternate location is approved in advance by the city public works director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at a minimum depth of three feet and a maximum depth of four feet. Other buried copper facilities must be placed at a minimum depth of 30 inches and a maximum depth of four feet. b. Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the city public works director. c. If construction is open cut, the permit holder must install the visual tracers within 12 inches and over buried facilities. If other construction methods are used, substitute location methods may be considered by the city public works director. d. The permit holder shall register with Gopher State One Call and comply with the requirements of that system. e. Compaction in a trench shall be 95 percent of standard proctor and copies of test results must be submitted to the city public works director. Tests will be required at the discretion of the city public works director. Tests must be conducted by an independent testing firm at locations approved by the city public works director. The city public works director may require recompaction and new tests if densities are not met. f. The facilities shall be located so as to avoid traffic signals and signs, which are generally placed a minimum of three feet behind the curb. g. When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the city public works director, the permit holder shall excavate an observation hole over the utility to ensure that the utility is not damaged. h. All junction boxes or access points shall be located at least ten feet from city hydrants, valves, manholes, lift stations, or catchbasins unless an alternate location is approved by the city public works director. i. Underground facilities shall not be installed between a hydrant and an auxiliary valve. § 8-228 PRIOR LAKE CODE CD8:44 j. Buried telecommunications facilities must have a locating wire or conductive shield, except for di-electric cables. k. Buried fiber facilities must be placed in a conduit unless the permit holder obtains a waiver from the city public works director. (4) Trenchless excavation. A permit holder employing trenchless excavation methods, including, but not limited to, horizontal directional drilling, shall follow all require- ments set forth in Minn. Stats. ch. 216D and Minn. R. ch. 7560 and shall employ potholing or open cutting over existing underground utilities before excavating as determined by the city public works director. The term "potholing" means excavating the area above an underground facility to determine the precise location of the underground facility without damage to it before excavating within two feet of the marked location of the underground facility. (5) Location of facilities. a. Location. Placement, location, and relocation of facilities must comply with local regulations and other applicable laws and with Minn. R. 7819.3100, 7819.5000, and 7819.5100. b. Corridors. The city public works director may assign specific corridors within the right-of-way, or any particular segment thereof, for each type of facility that is or, pursuant to current technology, the city public works director expects will someday be located within the right-of-way. All right-of-way permits involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Facilities shall be placed in a common conduit system or share other common arrangements at the direction of the city public works director. c. Limitation of space. To protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use, the city public works director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. The city public works director shall strive to accommodate all existing and potential users of the right-of-way but shall be guided primarily by considerations of the public interest, the public's needs for the particular service, the condition of the right-of-way, the time of year with respect to essential services, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects. (k) Restoration of right-of-way. The permit holder shall restore the right-of-way to the satisfaction of the city public works director. (1) Timing. All work to be done under the right-of-way permit and all required restoration of the right-of-way must be completed within the dates specified in the right-of-way permit. § 8-228PUBLIC WAYS AND PROPERTY CD8:45 (2) Duty to correct defects. Upon notification from the city public works director, the permit holder shall correct all defects in restoration as required by the city public works director. Correction work shall be completed within seven days, not including days during which work cannot be done because of circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife. (3) Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the city public works director or fails to satisfactorily and timely complete all restoration required by the city public works director, the city may complete the restoration. The permit holder shall reimburse the city for its reasonable costs incurred in completing the restoration and shall pay any delay penalty or degradation fee imposed by the city within 30 days of invoice from the city. If a permit holder fails to pay as required, the city may deny future right-of-way permit applications. (l) Inspection and authority of director. (1) Notice of completion and as-builts. When the work under any right-of-way permit is completed, the permit holder shall furnish a completion certificate and as-built drawings in accordance with Minn. R. 7819.1300 and the public works design manual. (2) Site inspection. The permit holder shall make the work site available at all times during the execution of and upon completion of the work for inspection by the city public works director or other city personnel and to all others authorized by law. (3) Authority of director. a. The city public works director may order the immediate cessation of any work which the city public works director determines, in the city public works director's sole discretion, poses a serious threat to the life, health, safety, or well-being of the public. b. The city public works director may issue an order to the permit holder requiring the correction of any work that does not conform to the terms of the right-of-way permit or other applicable laws, standards, conditions, or codes. The order shall inform the permit holder that failure to correct the violation may result in revocation of the right-of-way permit. (m) Work done without a permit. Except in an emergency situation as set forth in this section, any person who installs, constructs, repairs, removes or relocates a facility temporarily or permanently or obstructs or excavates any right-of-way without a right-of- way permit issued by the city shall be guilty of a misdemeanor. (1) Emergency situations, right-of-way user. A right-of-way user shall immediately notify the city of any event concerning its facilities that it considers to be an emergency and may take any actions reasonable and necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the right-of-way user shall § 8-228 PRIOR LAKE CODE CD8:46 apply to the city for the necessary right-of-way permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this article for the actions it took in response to the emergency. (2) Emergency situation, city. If the city becomes aware of an emergency concerning facilities in the right-of-way, the city will make reasonable attempts to contact the owner of each facility affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency. If the emergency was caused by a facility, the owner thereof shall reimburse the city for its costs in responding to the emergency. (3) Non-emergency situations. Except in an emergency, any person who obstructs or excavates a right-of-way without first having obtained a right-of-way permit must subsequently obtain a right-of-way permit. The fee for a subsequently issued right-of-way permit shall be established from time to time by the city council and set forth in the city fee schedule. The permit holder shall also pay all the other fees required by this Code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all other requirements of this article. (n) Damage to other facilities. (1) When the city performs work in the right-of-way that requires the alteration or relocation of an existing facility, the city public works director shall notify the facility owner as soon as is reasonably possible. The facility owner shall reimburse the city for the city's costs incurred in such alteration or relocation within 30 days from the date of billing. (2) Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the city's response to an emergency caused by that owner's facilities. (o) Revocation of permits. (1) Substantial breach. The city public works director may revoke any right-of-way permit if the permit holder substantially breaches any of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the right-of-way permit. A substantial breach includes, but is not limited to, the following: a. The violation of any material provision of the right-of-way permit or this article; b. The attempt to evade any material provision of the right-of-way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; c. Any material misrepresentation of fact in the permit application; § 8-228PUBLIC WAYS AND PROPERTY CD8:47 d. The failure to complete the work in a timely manner unless a permit extension has been obtained or unless the failure to complete work is due to reasons beyond the permit holder's control; or e. The failure to timely comply with an order of the city public works director. (2) Written notice of breach. If the city public works director determines that the permit holder has committed a substantial breach, the city public works director shall notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right-of-way permit. In the notice and demand, the city public works director may also impose additional or revised conditions on the right-of-way permit to mitigate and remedy the breach. (3) Response to notice of breach. Within two business days of receiving the written notice and demand, the permit holder shall provide the city with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the right-of-way permit. (4) Reimbursement of city costs. Upon revocation of a right-of-way permit, the permit holder shall reimburse the city for its reasonable costs incurred because of the revocation, including, but not limited to, restoration costs, collection costs, and attorney fees. (p) Noncompletion or abandonment of work. Work shall progress expeditiously to completion in accordance with any time limitation specified in the right-of-way permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right-of-way permit or ceases or abandons the work without due cause, in addition to any other remedy provided in this article, the city may, after six hours' notice in writing to the permit holder of its intention to do so, correct the work, fill the excavation and repair the right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The city shall make or contract for all temporary and permanent repairs, including, but not limited to, backfilling, compacting, and resurfacing, and the permit holder shall reimburse the city for all costs incurred for such work. If the permit holder fails to reimburse the city within 30 days of billing, the city may do any or all of the following: (1) Reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; (2) Deny the permit holder any future right-of-way permits; and (3) Impose a delay penalty. (q) Indemnification and liability. By applying for and accepting a right-of-way permit the applicant and permit holder agree to indemnify, defend and hold the city and its employees, contractors, agents, representatives, elected and appointed officials, and consultants harm- § 8-228 PRIOR LAKE CODE CD8:48 less from all claims, damages, losses, costs and expenses, including attorney fees, arising from, based on, or related to the right-of-way permit or the applicant's or permit holder's work within the right-of-way or on the facility all subject to Minn. R. 7819.1250. (r) Appeal. An applicant that has been denied a right-of-way permit or a right-of-way user that has had a right-of-way permit revoked may appeal the denial or revocation to the city manager. Such appeal shall be taken by filing with the city clerk within ten days after the denial or revocation, a written statement requesting a hearing before the city manager and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or permit holder at his/her/its last known address at least five days prior to the date set for the hearing. (Prior Code, § 707.700) Sec. 8-229. Registration of telecommunications users. (a) Findings, purpose and intent. (1) The city desires high quality wireless telecommunications services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that telecommunications facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the right-of- way. The purpose of this section is to regulate the installation of telecommunications facilities within the right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns. (2) Rights-of-way are appropriate locations for telecommunications facilities that pres- ent minimal impacts. The city recognizes that, as wireless technology advances, some areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. (b) Registration required. In addition to all other requirements in this article, including, but not limited to, the requirement to obtain a right-of-way permit pursuant to section 8-228 and the requirements relating to siting of structures in section 8-230, a telecommunications user who desires to place telecommunications facilities in the right-of-way shall register each facility with the city. (c) Application. A written application for registration shall be submitted to the public works department at least two weeks prior to installation of the facility. The application shall be made on a form provided by the city and shall include all required information and attachments. All such applications shall be consistent with the provisions of this article and good engineering, safety, and maintenance practices shall be followed. § 8-229PUBLIC WAYS AND PROPERTY CD8:49 (d) Fee. The city shall establish a registration fee in an amount sufficient to recover city costs. The fee shall be imposed on each registered facility both at the time of application and annual thereafter on January 1 of each year until the facility is removed from the right-of-way. The registration fee is nonrefundable. The registration fee shall be established from time to time by the city council and set forth in the city fee schedule. Failure to pay the registration fee shall be grounds for revocation of the registration. (e) Indemnification and insurance. (1) Indemnification. By applying for and accepting a registration, the applicant and registrant agree to indemnify, defend and hold the city and its employees, contrac- tors, agents, representatives, elected and appointed officials, and consultants harmless from all claims, damages, losses, costs and expenses, including attorney fees, arising from, based on, or related to the facility, including, but not limited to, the facility's registration, design, location, installation, maintenance or other matters arising out of or related to the facility within the right-of-way all subject to Minn. R. 7819.1250. (2) Insurance. The registrant shall obtain and maintain, throughout the term of the registration, a commercial general liability insurance policy which provides coverage for damage to the personal property of others or injury to persons. The city shall be named as an additional insured on the insurance policy. The policy shall contain a clause which provides language stating that the company that issues the policy shall not change, nonrenew, or materially change the policy without first providing the city 30 days' prior written notice. (f) Confirmation. Upon the city public works director's determination that the applicant has satisfied the requirements of this article, the city public works director shall confirm the registration subject to the terms and conditions of this article. The city public works director may impose reasonable conditions upon the registration to protect the health, safety, and welfare or to protect the right-of-way and its current use. In addition, a registrant shall comply with all local, state and federal laws, including, but not limited to, Minn. Stats. ch. 216D and Minn. R. ch. 7560 (Gopher One Call Excavation Notice System). (g) Denial. The city public works director may deny a registration for failure to meet the requirements and conditions of this article or if the city public works director determines that the denial is necessary to protect the health, safety, and welfare of the public or the right-of-way and its current use. (h) Update. The registrant shall inform the city of any change in the registration information within 15 days of the change. (i) Inspection by and authority of director. (1) Site inspection. The registrant shall make the site of each facility available at all times for inspection by the city public works director or other city personnel and to all others authorized by law. § 8-229 PRIOR LAKE CODE CD8:50 (2) Authority of director. The city public works director may order the immediate repair or removal of any facility which the director determines, in the city public works director's sole discretion, poses a serious threat to the life, health, safety, or well-being of the public or fails to comply with any federal, state or local law, rule or regulation. The order shall inform the registrant that failure to correct the violation may result in revocation of the registration. (j) Revocation of registration. (1) Substantial breach. The city public works director may revoke any registration if the registrant substantially breaches any of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the registration. A substantial breach includes, but is not limited to, the following: a. The violation of any material provision of the registration or this article; b. The attempt to evade any material provision of the registration or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; c. Any material misrepresentation of fact in the registration application; and d. The failure to timely comply with an order of the city public works director. (2) Written notice of breach. If the city public works director determines that the registrant has committed a substantial breach, the city public works director shall notify the registrant of the breach in writing and demand that the registrant remedy the violation. The notice and demand shall inform the registrant that continued violations may result in revocation of the registration. In the notice and demand, the director may also impose additional or revised conditions on the registration to mitigate and remedy the breach. (3) Response to notice of breach. Within two business days of receiving the written notice and demand, the registrant shall provide the city with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the registration. (4) Reimbursement of city costs. Upon revocation of a registration, the registrant shall reimburse the city for its reasonable costs incurred because of the revocation, including, but not limited to, collection costs and attorney fees. (k) Location of facilities. (1) Ownership. No telecommunications facility shall be placed on any structure without written permission from the owner of the structure. If the structure is owned by the city, a co-location or lease agreement shall be required. (2) New structures. New structures may be installed in the right-of-way only permitted by section 8-230. § 8-229PUBLIC WAYS AND PROPERTY CD8:51 (3) Attachments to existing structures. Telecommunications facilities that comply with the following requirements may be attached to existing structures within the right-of-way: a. The extension to the existing structure, including lightning rods and all other attachments, shall not exceed the height of the existing structure by more than ten feet. Once the height of a structure has been increased under the provisions of this subsection, the height shall not be further increased. b. If the structure must be replaced to structurally accommodate the telecom- munications facility, the height of the replacement structure shall not exceed the height of the existing structure and the diameter of the replacement structure shall not exceed the diameter of the existing structure by more than 50 percent. Once the diameter of a replacement structure has been increased under the provisions of this subsection, the diameter shall not be further increased. c. Excluding electrical meter and mounting hardware, the telecommunications facility shall not have an aggregate volume greater than six cubic feet. d. The telecommunications facility shall not have any individual surface area face greater than three square feet except that an individual face of a cylindrical device shall not exceed ten square feet. e. The telecommunications facility shall not extend outward from the existing structure or arm thereof by more than 18 inches, except that an antenna one-half inch or less in diameter may extend an additional six inches. f. The telecommunications facility shall have limited exposed cabling and mount- ing hardware. It shall also match the structure it is attached to in color and, as close as practicable, in material and design. g. The telecommunications facility shall not interfere with public safety or with the use of a public safety structure. h. The telecommunications facility shall not interfere with other existing telecom- munications facilities. i. Telecommunications facilities in the right-of-way shall be removed and relocated at the city's request and at no cost to the city when the city public works director determines that removal and relocation is necessary to prevent interference with: 1. Present or future city use of the right-of-way for a public project; 2. The public health or safety; or 3. The safety and convenience of travel over the right-of-way. j. In the case of telecommunications facilities mounted on water storage towers, the telecommunications facilities shall be removed/relocated at owner's expense during any painting operation on the tower and subsequently painted the same color as that portion of the water tower upon which they are reattached. § 8-229 PRIOR LAKE CODE CD8:52 (4) Ground-mounted equipment. Ground-mounted equipment related to telecommunica- tions facilities may be erected in the right-of-way only when in compliance with the following provisions: a. The ground-mounted equipment will not disrupt traffic or pedestrian circula- tion; b. The ground-mounted equipment will not interfere with vehicle and pedestrian intersection sight lines; c. The ground-mounted equipment will not create a safety hazard; d. The location of the ground-mounted equipment minimizes impacts on adjacent property; e. The ground-mounted equipment will not adversely impact the health, safety, or welfare of the community; f. The ground-mounted equipment shall be separated from the nearest ground- mounted equipment installation on the same block face by a minimum of 300 feet unless the equipment is placed underground, or unless waived by the city public works director; g. If located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height above grade and 28 cubic feet in cumulative size; h. If located adjacent to nonresidential uses, ground-mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size; i. The ground-mounted equipment shall have limited exposed cabling and mounting hardware. It shall also match the structure it is attached to in color and, as close as practicable, in material and design; and j. The ground-mounted equipment shall be removed and relocated at the city's request and at no cost to the city when the city public works director determines that removal and relocation is necessary to prevent interference with: 1. Present or future city use of the right-of-way for a public project; 2. The public health or safety; or 3. The safety and convenience of travel over the right-of-way. (l) Failure to register. Any telecommunications user who fails to register shall be guilty of a misdemeanor. The telecommunications user shall subsequently register. The fee for a subsequent registration shall be established from time to time by the city council and set forth in the city fee schedule. The registrant shall also pay all the other fees required by this Code, deposit with the city the costs necessary to correct any damage to the right-of-way, and comply with all other requirements of this article. (m) Appeal. A telecommunications user that has had a registration denied or revoked may appeal the denial or revocation to the city manager. Such appeal shall be taken by filing with the city clerk, within ten days after the denial or revocation, a written statement requesting a hearing before the city manager and setting forth fully the grounds for the § 8-229PUBLIC WAYS AND PROPERTY CD8:53 appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the city clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or registrant at his/her/its last known address at least five days prior to the date set for the hearing. (Prior Code, § 707.800) Sec. 8-230. Siting of new structures. (a) Findings, purpose and intent. In order to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the community, the city council finds these regulations are necessary to maximize the use of existing and approved structures in the right-of-way in order to minimize the number of new structures necessary in the right-of-way to serve the community. (b) Scope and application. In addition to all other requirements in this article, including, but not limited to, the requirement to obtain a right-of-way permit pursuant to section 8-228 and the requirement of a telecommunications user to register each facility pursuant to section 8-229, installation or construction of structures shall be subject to the requirements of this section 8-230. (c) Requirements. The installation or construction in the right-of-way of a new structure shall be allowed only under the following circumstances: (1) New structures in the right-of-way shall be permitted uses subject to this article, except that new structures in right-of-way abutting the rural subdivision residential, low density residential, medium density residential, town center, and transitional town center zoning districts shall be uses permitted by condition subject to this article and chapter 10, article II, division 1. (2) The maximum height of the structure, including all attachments, shall not exceed 50 feet. The height of structures shall be determined by measuring the vertical distance from the structure's point of contact with the ground to the highest point of the tower, including all facilities. (3) Structures shall comply with the following setbacks: a. Structures shall be located at least ten feet from the curb or if there is no curb from the traveled right-of-way. b. Structures shall be located at least two feet from pedestrian trails or sidewalks. c. Structures shall be located at least five feet from a residential lot line. d. Structures shall be located at least two feet from a commercial or industrial lot line. e. Structures shall be located at least 300 feet in any direction from the nearest existing structure. § 8-229 PRIOR LAKE CODE CD8:54 If a proposed new structure cannot meet all of the setback requirements, the proposed new structure shall not be permitted except by written exception granted by the city public works director. (4) Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the city public works director. (5) Structures shall not include any lighting except as specifically required by federal, state or local laws, rules or regulations. (6) Structures shall not contain any signs or advertising except for applicable warning and equipment information required by the manufacturer or federal, state, or local laws, rules or regulations. (7) Structures shall be designed to blend into the surrounding environment to the maximum extent possible, including through the use of building materials, color, texture, and screening. (8) Structure design shall be subject to approval by the city public works director, taking into consideration safety, interference with the right-of-way and aesthetics. (9) Structures shall not interfere with the right-of-way. (10) Structures shall not endanger the public health, safety or welfare. (d) Exceptions. The siting requirements in subsection (c) of this section shall not apply to the installation of public safety structures or by written exception granted by the city public works director. (Prior Code, § 707.900; Ord. No. 117-05, 4-1-2017; Ord. No. 117-14, 7-29-2017) § 8-230PUBLIC WAYS AND PROPERTY CD8:55 Chapter 9 SUBDIVISIONS Article I. In General Sec. 9-1. Purpose. Sec. 9-2. Approvals necessary for acceptance of subdivision plats. Sec. 9-3. Conditions for recording. Sec. 9-4. Building permits. Sec. 9-5. Exceptions. Sec. 9-6. Definitions. Secs. 9-7—9-30. Reserved. Article II. Procedures for Filing and Review of Subdivisions Sec. 9-31. Concept plan. Sec. 9-32. Preliminary plat. Sec. 9-33. Final plat. Sec. 9-34. Combination of preliminary and final plat approval. Sec. 9-35. CIC plats. Sec. 9-36. Effect of subdivision approval. Sec. 9-37. Premature subdivisions. Sec. 9-38. Regional system service inadequacies. Secs. 9-39—9-64. Reserved. Article III. Plat and Data Requirements Sec. 9-65. Concept plan. Sec. 9-66. Preliminary plat. Sec. 9-67. Final plat. Sec. 9-68. Certification required. Sec. 9-69. Modifications to approved final plans. Secs. 9-70—9-96. Reserved. Article IV. Design Standards Sec. 9-97. Public works design manual. Sec. 9-98. Blocks. Sec. 9-99. Lots. Sec. 9-100. Streets and alleys. Sec. 9-101. Sidewalks and trails. Sec. 9-102. Easements. Sec. 9-103. Erosion and sediment control. Sec. 9-104. Storm drainage. Sec. 9-105. Protected areas. Sec. 9-106. Parkland dedication requirements. Sec. 9-107. Minimum design features. Sec. 9-108. Zoning consistency. Secs. 9-109—9-129. Reserved. CD9:1 Article V. Required Improvements and Charges Sec. 9-130. General provisions. Sec. 9-131. Monuments. Sec. 9-132. Street improvements. Sec. 9-133. Future street improvements and charges. Sec. 9-134. Sanitary sewer and water improvements and charges. Sec. 9-135. Stormwater improvements and charges. Sec. 9-136. Exceptions. Sec. 9-137. Public utilities. Sec. 9-138. Election by city to install improvements. Sec. 9-139. Trees required for new subdivisions. Sec. 9-140. Topsoil and sodding. Sec. 9-141. Cable installation. Secs. 9-142—9-165. Reserved. Article VI. Administration and Enforcement Sec. 9-166. Nonplatted subdivisions. Sec. 9-167. Exceptions, planning commission recommendations, standards. Sec. 9-168. Procedures. Sec. 9-169. Appeal to district court. Sec. 9-170. Violations and penalties. PRIOR LAKE CODE CD9:2 ARTICLE I. IN GENERAL Sec. 9-1. Purpose. In order to safeguard the best interests of the city and to assist in balancing and harmonizing the interests of the subdivider with those of the city at large, the following regulations are adopted so that the adherence to same will bring results beneficial to both parties. It is the purpose of this chapter to make certain regulations and requirements for the subdivision and platting of land within the city, pursuant to the authority contained in state law which regulations the city council deems necessary to promote and protect the health, safety and general welfare of this community; to provide for the orderly, economic, and safe development of land; to preserve agricultural lands; to promote the availability of housing affordable to persons and families of all income levels; and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. (Prior Code, § 1001.200) Sec. 9-2. Approvals necessary for acceptance of subdivision plats. Before any plat shall be recorded or be of any validity, it shall be referred to the planning commission and be approved by the city council as having fulfilled the requirements of this chapter. (Prior Code, § 1001.300) Sec. 9-3. Conditions for recording. No plat of any subdivision shall be entitled to recording in the county recorder's or registrar's office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this chapter. (Prior Code, § 1001.400) Sec. 9-4. Building permits. No building permits shall be considered for issuance by the city for the construction of any building, structure or improvement to any land or lot that has been or is to be combined or subdivided, until all requirements of this chapter have been fully complied with. (Prior Code, § 1001.500) Sec. 9-5. Exceptions. The following land subdivisions and combinations are exempted from the provisions of this chapter and within 15 business days of such a request, the city shall certify that this chapter does not apply to such land subdivisions or combinations: (1) The subdivision of land where the purpose is to permit the adding of a piece of property to an abutting lot (lot line adjustment) when the newly created property line will not cause the land or any structure to be in violation of the provisions of this chapter or chapter 10. § 9-5SUBDIVISIONS CD9:3 (2) Two or more lots, or combination of lots and portions of lots, with continuous frontage, in single ownership, and of record, which are considered to be an individual lot according to section 10-346(e)(3). (3) The combination of two or more nonconforming lots of record separated by a private street as permitted under section 10-346(e)(4). (4) The subdivision of a lot upon which a two-family dwelling, townhouse or a quadrominium has been constructed that is already a part of a recorded plat where the purpose of the subdivision is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the units, lots or the structure to be in violation of this chapter or chapter 10. (Prior Code, § 1001.600) Sec. 9-6. Definitions. For the purpose of this chapter, certain words and terms are defined as set forth in section 10-50. Additionally, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: NURP means the Nationwide Urban Runoff Program. PWDM means public works design manual. (Prior Code, § 1001.700; Ord. No. 118-13, 8-11-2018) Secs. 9-7—9-30. Reserved. ARTICLE II. PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS Sec. 9-31. Concept plan. (a) A subdivider may choose to submit a concept plan to the community development department prior to submission of a preliminary plat. The purpose of such a concept plan is to inform the subdivider of the procedural requirements and minimum standards of this chapter, and the requirements or limitations imposed by this Code or city plans or policies. The community development staff, along with other city staff, will review the concept plan and discuss any foreseeable problems or issues with the subdivider. These discussions of the concept plan shall be advisory and are not binding in regard to any subsequent plat review. The community development department, notably in the case of multi-phased plats, shall have the authority to refer the concept plan to the planning commission or city council for informal, nonbinding review and comment. § 9-5 PRIOR LAKE CODE CD9:4 (b) An application for review of a concept plan shall include, but not be limited to, the following: (1) A completed application on the form provided by the city which shall include the name, address and telephone number of the subdivider and the property owner, the location of the property, a description of the proposed subdivision and a working name for the proposed subdivision. (2) The required filing fees as established by the city council and set forth in the city fee schedule. (3) Three copies of the concept plan at a scale not less than one inch equals 100 feet. (4) One digital copy of the concept plan. (5) The information required in section 9-65. (Prior Code, § 1002.100) Sec. 9-32. Preliminary plat. (a) Filing. An application for a preliminary plat, signed by the subdivider and the property owner, shall be submitted to the community development department. This application shall be accompanied by the following: (1) Three full-scale copies and one digital copy of the preliminary plat. (2) All of the information required in section 9-66. (3) A radius map and a list and labels of the names and addresses of owners of property located within 500 feet of the subject property. These shall be obtained from and certified by an abstract company or the county auditor's office. (4) The required filing fees as established by the city council and set forth in the city fee schedule. (5) Applications for any necessary variances from the provisions of this chapter shall be submitted with the required fee. (b) City review. In accordance with Minn. Stats. § 15.99, the city shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The preliminary plat application shall not be officially submitted and considered complete until all the information requirements are complied with. (c) Hearing. The community development department, upon receipt of a complete application, shall set a public hearing date before the planning commission for public review of the preliminary plat. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of the location, and description of the preliminary plat request and where and when information pertaining to the preliminary plat may be obtained. The hearing notice shall be published in the official newspaper at least ten days prior to the hearing. Notice of the proposed subdivision shall also be posted on the city's website at least § 9-32SUBDIVISIONS CD9:5 ten days prior to the scheduled public hearing date. Written notification of the hearing shall be mailed to all owners of land within 500 feet of the boundary of the property in question at least ten days prior to the hearing. Any omission or defect, which has not impaired the ability of a surrounding property owner to participate in the proceedings, shall in no way impair the validity of the proceedings on the proposed application. In addition, the city may install development signage at the property stating that there is a proposed subdivision and providing a phone number to call for additional information. Failure to provide development signage on the site does not invalidate a public hearing notice. (d) Review by other commissions or jurisdictions. The community development staff shall refer copies of the preliminary plat to county, metropolitan, state or other public entities for their review and comment, where appropriate. (e) Planning commission action. The planning commission shall conduct the public hearing in accordance with section 10-23 and state law. The planning commission may continue the public hearing as appropriate. The planning commission shall report its findings and make a recommendation to the city council within 90 days of the date a complete application was received by the city. If the planning commission has not acted upon the preliminary plat within 90 days following delivery of a complete application, the council may act on the preliminary plat without the planning commission's recommendation. (f) City council action. (1) Pursuant to Minn. Stats. § 15.99, the city council shall approve, approve with conditions, or deny the preliminary plat within 120 days following delivery of a complete application unless the subdivider has agreed, in writing, to an extension of the statutory review period. (2) In considering a preliminary plat application, the city council may impose reasonable conditions and restrictions as part of the preliminary plat approval that are deemed necessary and appropriate to protect the public health, safety, and general welfare of the city. (3) If the preliminary plat is not approved by the city council, the city council shall adopt written findings regarding the basis and rationale for denying the application. The reasons for such action shall be recorded in the minutes of the city council proceedings. (4) If the preliminary plat is approved, such approval shall not constitute final acceptance of the plat. Final plat approval will be required for the engineering proposals and other features and requirements as specified by this chapter. The city council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, and general welfare of the city. (5) Once a preliminary plat is approved by the city council, the subdivider must submit a complete application for a final plat within 12 months after approval of the preliminary plat. If a subdivider fails to submit a complete application for a final plat within the specified 12-month period, the preliminary plat shall be considered void, § 9-32 PRIOR LAKE CODE CD9:6 unless a request for time extension is submitted in writing at least 30 days prior to the expiration of the existing time period and the request is approved by the city council. Each such extension of time shall not exceed six months. (Prior Code, § 1002.200) Sec. 9-33. Final plat. (a) Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. A final plat application, signed by the subdivider and the property owner, shall be submitted to the community development department accompanied by the following information: (1) Three full-scale copies and one digital copy of the final plat. (2) All information required in section 9-67. (3) The required filing fees as established by the city council. (b) City review. In accordance with Minn. Stats. § 15.99, the city shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The final plat application shall not be officially submitted and considered complete until all the information requirements are complied with. (c) City council action. The final plat and a signed development agreement shall be submitted to the city council for review. If the city council approves the final plat, the city council shall adopt a resolution approving the final plat and development agreement. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the city council. If the city council denies the final plat, the city council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any denial of a plat shall be set forth in the minutes of the city council proceedings and reported in writing to the subdivider. (d) Special assessments. When there are any existing special assessments which have been levied against property described in the final plat, the special assessments shall either be paid in full before the final plat is released or shall be divided and allocated to the respective lots in the final plat. If the subdivider elects to divide the special assessments, the city finance director shall distribute the remaining assessment balance on a per-unit basis, prepare a revised assessment roll and file the same with the county auditor. If the per unit assessment is less than $1,000.00, the entire assessment balance shall be paid before the final plat is released. (e) Recording final plat and development agreement. If the final plat and development agreement are approved by the city council, the subdivider shall record both documents with the county recorder or registrar within 90 days after the approval. The subdivider shall, immediately upon recording, furnish the city with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded final plat in an electronic format as prescribed by the city. No building permits shall be approved for construction of any structure on any lot in the plat until the city has received § 9-33SUBDIVISIONS CD9:7 evidence the final plat and development agreement have been recorded with the county. The final plat shall be considered void if not recorded within the 90 days provided for herein unless a request for a time extension is submitted in writing prior to the expiration of the 90-day period and approved by the city council. (f) Recording final plats of multi-phased plats. If a subdivider plans to develop a subdivision in stages over a period of time, the city council must approve a staging plan for the development of the subdivision. The staging plan must be submitted as part of the final plat application. The approved staging plan will be incorporated into the development agreement. Future phases of the subdivision must be platted as outlots on the final plat. If a subdivision is final platted in stages, all stages must be final platted into lots and blocks, not outlots, within two years after the approval of the preliminary plat unless otherwise provided in the development agreement. Failure to obtain final plat approval for all phases of the subdivision within the two-year period or within the timelines of the approved staging plan shall render the remaining stages of the preliminary plat void. (Prior Code, § 1002.300) Sec. 9-34. Combination of preliminary and final plat approval. (a) Conditions for combined process. In some instances, due to the simplicity of the proposed subdivision, the city staff may agree to combine the preliminary and final plat process. The process may be combined only when a proposed subdivision meets all of the following requirements: (1) The resulting subdivision contains no more than five lots. (2) The proposed subdivision is located in an area where streets and utilities are in place and capable of serving the subdivision. (3) The proposed subdivision does not require the dedication or construction of future streets and will not interfere with the development of adjacent properties. (4) The resulting lots shall conform with all provisions of chapter 10 unless a variance has been granted. (b) Filing. An application for a combined preliminary and final plat, signed by the subdivider and the property owner, shall be submitted to the community development department. This application shall be accompanied by the following: (1) Three full-scale copies, and one digital copy of the preliminary plat. (2) All of the information required in sections 9-66 and 9-67. (3) A radius map and a list and labels of the names and addresses of owners of property located within 500 feet of the subject property. These shall be obtained from and certified by an abstract company or the county auditor's office. (4) The required filing fees as established by the city council and set forth in the city fee schedule. § 9-33 PRIOR LAKE CODE CD9:8 (c) City review. In accordance with Minn. Stats. § 15.99, the city shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The plat application shall not be officially submitted and considered complete until all the information requirements are complied with. (d) Hearing. The community development department, upon receipt of a complete application, shall set a public hearing date before the planning commission for public review of the combined preliminary and final plat. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of the location, and description of the plat request and where and when information pertaining to the plat may be obtained. The hearing notice shall be published in the official newspaper at least ten days prior to the hearing. Notice of the proposed subdivision shall also be posted on the city's website at least ten days prior to the scheduled public hearing date. Written notification of the hearing shall be mailed to all owners of land within 500 feet of the boundary of the property in question at least ten days prior to the hearing. Any omission or defect which has not impaired the ability of a surrounding property owner to participate in the proceedings shall in no way impair the validity of the proceedings on the proposed application. In addition, the city may install development signage at the property stating that there is a proposed subdivision and providing a phone number to call for additional information. Failure to provide development signage on the site does not invalidate a public hearing notice. (e) Review by other commissions or jurisdictions. The community development staff shall refer copies of the combined preliminary and final plat to county, metropolitan, state or other public entities for their review and comment, where appropriate. (f) Planning commission action. The planning commission shall conduct the public hearing in accordance with section 10-23 and state law. The planning commission may continue the public hearing as appropriate. The planning commission shall report its findings and make a recommendation to the city council within 90 days of the date a complete application was received by the city. If the planning commission has not acted upon the combined preliminary and final plat within 90 days following delivery of a complete application, the council may act on the preliminary plat without the planning commission's recommendation. (g) City council action. The combined preliminary and final plat and a signed develop- ment agreement shall be submitted to the city council for review. If the city council approves the plat, the city council shall adopt a resolution approving the plat and development agreement within 120 days following delivery of a complete application unless the subdivider has agreed, in writing, to an extension of the statutory review period. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the city council. If the city council denies the plat, the city council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any denial of a plat shall be set forth in the minutes of the city council proceedings and reported in writing to the subdivider. § 9-34SUBDIVISIONS CD9:9 (h) Special assessments. When any existing special assessments which have been levied against property described in the plat, the special assessments shall either be paid in full before the plat is released or shall be divided and allocated to the respective lots in the plat. If the subdivider elects to divide the special assessments, the city finance director shall distribute the remaining assessment balance on a per unit basis, prepare a revised assessment roll, and file the same with the county auditor. If the per unit assessment is less than $1,000.00, the entire assessment balance shall be paid before the final plat is released. (i) Recording plat and development agreement. If the plat and development agreement are approved by the city council, the subdivider shall record both documents with the county recorder or registrar within 90 days after the approval. The subdivider shall, immediately upon recording, furnish the city with a print and reproducible tracing of the plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded plat in an electronic format as prescribed by the city. No building permits shall be approved for construction of any structure on any lot in the plat until the city has received evidence the plat and development agreement have been recorded with the county. The plat shall be considered void if not recorded within the 90 days provided for herein unless a request for time extension is submitted in writing prior to the expiration of the 90-day period and approved by the city council. (Prior Code, § 1002.400) Sec. 9-35. CIC plats. Common interest community (CIC) plats shall be considered a final plat and shall be processed according to the procedures listed in section 9-33. (Prior Code, § 1002.500) Sec. 9-36. Effect of subdivision approval. For one year following preliminary plat approval and for two years following final plat approval, unless the subdivider and the city agree otherwise, no amendment to the city's comprehensive plan, zoning provisions in chapter 10, or this chapter shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved plat. Thereafter, upon resolution of the city council, the city may extend the period by agreement with the subdivider, or it may require submission of a new plat unless substantial physical activity and investment has occurred in reasonable reliance on the approved plat and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new plat. (Prior Code, § 1002.600) § 9-34 PRIOR LAKE CODE CD9:10 Sec. 9-37. Premature subdivisions. (a) Determination of prematurity. Any preliminary plat/final plat or subdivision may be determined to be premature should any of the provisions which follow exist: (1) Lack of adequate drainage. A condition of inadequate drainage exists if any of the following provisions exist: a. Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural integrity of the proposed structures. b. The proposed site grading and subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. c. Storm trunk facilities or regional ponding facilities that will serve the proposed plat have not yet been constructed. d. Factors to be considered in making the determinations regarding subsections (a)(1)a, b and c of this section may include, but are not limited to, average rainfall for the area; the relation of the land to floodplains; and the nature of soils and subsoils and their ability to adequately support surface water runoff. (2) Lack of adequate water supply. A proposed subdivision lacks an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision when developed to its maximum permissible density without causing an unreasonable depletion of existing water supplies for surround- ing areas. (3) Lack of adequate roads or highways to serve the subdivision. A proposed subdivision lacks adequate roads or highways to serve the subdivision when any of the following provisions exist: a. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that the increase in traffic volume generated by the proposed subdivision would be detrimental to the city's interest in promoting and protecting the public safety and general welfare, or seriously aggravate an already dangerous or hazardous condition, or when, with due regard to the advice of the county or the state department of transportation, the roads are inadequate for the intended increased use. b. The traffic volume generated by the proposed subdivision would decrease the level of service on highways existing at the time of the application or proposed for completion within the next two years. Level of service is a description of traffic conditions along a given roadway or at a particular intersection. The level of service ranges from A (free flow of traffic with minimum intersection delays) to F (forced flow, jammed intersections, long delays). It generally reflects factors such as speed, travel time, freedom to maneuver, traffic interruptions and delays. § 9-37SUBDIVISIONS CD9:11 (4) Lack of adequate waste disposal systems. A proposed subdivision lacks adequate waste disposal systems if, in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the existing system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years. (5) Inconsistency with comprehensive plan. A proposed subdivision is inconsistent with the city's comprehensive plan when the subdivision is inconsistent with the purposes, objectives and recommendations of the adopted city comprehensive plan. Subdivisions that are not proposed in areas consistent with the criteria for allocation of Metropolitan Urban Service Areas (MUSA) reserve shall be deemed inconsistent. (6) Public service capacity. A proposed subdivision lacks necessary public service capacity when services such as recreational facilities, schools, police and fire protection and other public facilities, which must be provided at public expense, cannot reasonably be provided for within the next two years. (7) Inconsistency with capital improvement plans. A proposed subdivision is inconsistent with capital improvement plans when improvements or services necessary to accommodate the proposed subdivision have not been programmed in the city, county or regional capital improvement plans. The city council may waive these criteria when it can be demonstrated that a revision to the city capital improvement plan can be accommodated. (b) Burden of establishing. The burden shall be upon the subdivider to show that the proposed subdivision is not premature. (c) Process used to define a premature subdivision. (1) Application. Upon receipt of an application for a preliminary plat or a final plat, the city staff will review the application based on the criteria listed in subsection (a) of this section to determine if the proposed subdivision is premature. (2) Notification. If the staff finds a subdivision premature under the criteria listed in this section, the subdivider will be notified of the staff's findings in writing within 15 business days of receipt of a complete application. This notification shall constitute denial of the application. (3) Appeal. Any owner of affected property or any subdivider may appeal the staff finding of a premature subdivision to the city council. The appeal must be in writing and must be filed with the community development department within five calendar days after the date of the written notification of the decision. The required fee, as set by the city council in the city fee schedule, shall be paid when the appeal request is filed. The community development department shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten days prior to the hearing, and individual property notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property within 500 § 9-37 PRIOR LAKE CODE CD9:12 feet of the property included in the request. Failure of a property owner to receive the notice shall not invalidate any such proceedings. The city council shall hear the appeal within 30 days of the filing of the appeal unless that period is extended with consent of the appellant. The city council shall render a decision within 30 days of the conclusion of the appeal hearing. (Prior Code, § 1002.700) Sec. 9-38. Regional system service inadequacies. (a) Existing conditions. An approved preliminary plat or building permit within an approved final plat may be deemed as premature development if any of the following conditions set forth are found to exist: (1) The regionally controlled metropolitan sanitary sewer interceptors or wastewater treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. (2) Responsible metropolitan units of government prohibit the city from issuing building permits. (3) Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. (4) Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the state department of natural resources, or other such responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety. (b) City liability exemption. All preliminary and final plat approvals and related formal development agreements shall stipulate and shall exempt the city from any liability associated with platting or building permit denial based upon factors and conditions related to regional governmental agency and unit jurisdictions and related service inadequacies. (Prior Code, § 1002.800; Ord. No. 118-13, 8-11-2018) Secs. 9-39—9-64. Reserved. ARTICLE III. PLAT AND DATA REQUIREMENTS Sec. 9-65. Concept plan. Concept plans shall contain, at a minimum, the following information: (1) Plat boundary. (2) North arrow. (3) Scale. (4) Street layout on and adjacent to plat. § 9-65SUBDIVISIONS CD9:13 (5) Designation of land use and current or proposed zoning. (6) Significant topographical or physical features. (7) General lot locations and layout. (8) Preliminary evaluation by the subdivider that the subdivision is not classified as premature based upon criteria established in section 9-37. (9) The city may request any other information deemed necessary to determine the impact of the proposed subdivision on the health, safety and welfare of the property in the city and city residents. (Prior Code, § 1003.100) Sec. 9-66. Preliminary plat. The subdivider shall prepare and submit a preliminary plat application and a preliminary grading, street and utility plans together with any necessary supplementary information required by the city. The plans shall contain the information set forth in the following subsections: (1) General requirements. a. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. b. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property. c. Names and addresses of all persons having an interest in the property, the developer, designer, engineer, or surveyor together with his/her registration number. d. Graphic scale of plat at a scale not less than one inch to 100 feet. e. Date and north arrow. f. Identify portions of property that are registered. (2) Existing conditions. a. Boundary line and total acreage of proposed plat, clearly indicated. b. Existing comprehensive plan designations and zoning classifications for land within and abutting the subdivision, including shoreland district boundaries. c. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the plat and to a distance of 200 feet beyond the plat. d. Boundary lines of adjoining unsubdivided or subdivided land within 200 feet identified by name and ownership, including all contiguous land owned or controlled by the subdivider. § 9-65 PRIOR LAKE CODE CD9:14 e. Any other information the city finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the city and city residents. (3) Proposed design features. a. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical street sections, and proposed names of streets. The name of any street currently used in the city or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. b. Locations and widths of proposed alleys and pedestrian ways. c. Location, dimension and purpose of all easements. d. Layout, numbers, lot areas and preliminary dimensions of lots and blocks. e. Net lot area, exclusive of road right-of-way and wetland and drainage ease- ments. f. Minimum front and side street building setback lines. When lots are located on a curve, the width of the lot at the required front yard setback must be identified. g. Areas, other than streets, alleys, pedestrian ways, and utility easements, intended to be dedicated or reserved for public use, including the size of such areas in acres. h. Any other information the city finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the city and city residents. (4) Supplementary information. Supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city staff, city attorney, consultants to the city, advisory bodies of the city or city council. a. Proposed restrictive covenants which relate to a matter of interest to the city such as private streets or trail maintenance. b. A geotechnical report of the land within the subdivision prepared by a professional engineer registered in the state. c. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the subdivision on traffic, fire hazards and congestion of population. d. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for informational purposes only and shall not vest any right in the subdivider or property owner. § 9-66SUBDIVISIONS CD9:15 e. A concept plan of adjacent properties so as to show the possible relationships between the proposed subdivision and potential future subdivisions. All subdivisions shall be required to relate well with existing and potential adjacent subdivisions. f. Where structures are to be placed on lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. g. Where irregular-shaped lots have been proposed, house plans shall be submit- ted which demonstrate such lots are buildable with the resulting structure being compatible in size and character to the surrounding area. h. A comprehensive screening plan which identifies all proposed buffering and screening in both plan and sectional view. i. A traffic study indicating both existing and proposed traffic conditions for roadways within the subdivision and surrounding area. j. Any other information the city finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the city and city residents. (5) Preliminary grading plan. The subdivider shall submit a preliminary grading, drainage and erosion control plan, prepared by a registered professional in accordance with state administrative rules, including the following information: a. North arrow, scale (not less than one inch equals 100 feet) and legend. b. Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. c. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend a minimum of 200 feet outside of the plat or outside of the contributing drainage area, whichever is greater. d. Location of all natural features on the property. Natural features include, but are not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. e. Location of all existing storm sewer facilities, including pipes, manholes, catchbasins, ponds, swales, and drainage channels within 200 feet of the plat. Existing and proposed pipe grades, rim and invert elevations, and normal and high water elevations must be included. f. If the plat is located within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown on the plan. g. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. § 9-66 PRIOR LAKE CODE CD9:16 h. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds, proposed to serve the plat. i. Locations and elevations of all street high and low points. j. Street grades, with a maximum permissible grade of eight percent and a minimum of one percent unless otherwise provided by the city. k. Phasing of grading, if applicable. l. The location of all easements and rights-of-way. m. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan. n. All revegetation measures proposed for the property, including seed and mulch types and application rates, must be included on the plan. o. A tree preservation plan as required by section 10-728. p. Any other information the city finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the city and city residents. (6) Preliminary utility plan. The subdivider shall submit a preliminary utility plan containing the location and size of all existing and proposed easements, plus all existing and proposed overhead and underground facilities within the property and to a minimum distance of 200 feet beyond the property boundaries, including the following: a. Easements. Location, dimension and purpose of all easements. b. Underground facilities. c. Water. All mains, hydrants, valves and services. d. Sanitary sewer. All facilities, including mains, manholes, lift stations, and services with invert and top of casting elevations. e. Storm drainage. All facilities, including all piping, culverts, catchbasins, manholes, lift stations and ponds with invert and top of casting elevations, and hydrologic calculations in accordance with the PWDM. f. Private utilities. All gas, electric, cable, telephone, and telecommunications facilities. g. Wells and septic systems. h. Any other information the city finds necessary to determine the impact the proposed subdivision will have on the health, safety and welfare of property in the city and its residents. (Prior Code, § 1003.200) § 9-66SUBDIVISIONS CD9:17 Sec. 9-67. Final plat. The subdivider shall submit a final plat, final grading and erosion control plans, and final street and utility plans, together with any necessary supplementary information required by the city. The final construction plans shall be prepared by a professional engineer registered in the state. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and such final plat shall contain the following information: (1) Name of the subdivision. (2) Location by section, township, range, county and state, including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must be mathematically close. (3) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. (4) Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. (5) Lots and outlots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. (6) The exact locations, widths and names of all streets to be dedicated. (7) Location and width of all easements to be dedicated. (8) Name and address of the registered land surveyor preparing the plat. (9) Scale of the plat shall be one inch to 100 feet scale with the scale shown graphically on a bar scale along with the date and north arrow. (10) A statement dedicating all easements as follows: "Easements for installation and maintenance of utilities and drainage facilities are dedicated to the public over, under and along the areas marked drainage and utility easement." (11) A statement dedicating all streets, alleys and other public areas not previously dedicated as follows: "Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are so dedicated." (12) The final grading, erosion control and street and utility plans must be prepared in accordance with the current PWDM and section 9-66. (13) A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered. (Prior Code, § 1003.300) § 9-67 PRIOR LAKE CODE CD9:18 Sec. 9-68. Certification required. The final plat shall include each of the following signatures and certifications: (1) Certification by a registered surveyor in the form required by Minn. Stats. § 505.03. (2) Execution by all owners of any interest in the land, any holders of a mortgage thereon, and all certificates required by Minn. Stats. § 505.03, which certificates shall include a dedication of the utility easements and other public areas in such form as approved by the city. (3) Space for certificates of approval and review to be filled in by the signatures of the mayor and city manager. (Prior Code, § 1003.400) Sec. 9-69. Modifications to approved final plans. Any modifications to approved final plans must be reviewed and approved by the city. Changes may be classified as minor or major modifications and shall be approved according to the following procedures: (1) Minor modifications. Minor modifications are changes that do not substantially affect the design of the subdivision. Minor modifications include changes to the grading plans that do not affect adjacent properties, changes to tree preservation plans that do not increase the number of trees to be removed, changes to the landscaping plan, and engineering design changes to streets or utilities required as a result of previously unknown field conditions. Requests for minor modifications must be submitted to city staff for review and approval prior to the commencement of any work. (2) Major modifications. Major modifications are changes substantially affecting the design of the subdivision. Major modifications include increase in the number of approved lots, realignment of roads outside of the dedicated right-of-way, placement of utilities outside of dedicated easements, and changes in parkland dedication. Major modifications shall require approval of the city council. The city council may choose to refer major modifications to the planning commission for a public hearing prior to making a decision. (Prior Code, § 1003.500; Ord. No. 118-13, 8-11-2018) Secs. 9-70—9-96. Reserved. ARTICLE IV. DESIGN STANDARDS Sec. 9-97. Public works design manual. The design standards and requirements set forth in the city public works design manual (PWDM) are adopted and incorporated into this article by reference as if fully set forth. If § 9-97SUBDIVISIONS CD9:19 there is a conflict between this article and the PWDM, this article shall govern; provided that two provisions addressing the same matter that are more or less restrictive are not a conflict and the more restrictive provision shall apply. (Prior Code, § 1004.100) Sec. 9-98. Blocks. (a) Length. In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing plats control, the blocks in residential subdivisions should not exceed 1,325 feet nor be less than 400 feet in length, except where topography or other conditions justify a departure from these dimensions. In blocks longer than 800 feet, the city may require pedestrian ways or easements through the block near the center of the block. (b) Width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. (Prior Code, § 1004.200) Sec. 9-99. Lots. (a) Area. The minimum lot area, width and depth shall not be less than that established by chapter 10 in effect at the time. (b) Corner lots. Corner lots for residential use shall exceed the minimum width and area requirements in the zoning district by 20 percent to permit appropriate building setback from both streets as required in chapter 10. (c) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (d) Frontage. Every lot must have frontage on an approved street (not an alley), unless an alternative access easement is approved by the city with the subdivision application in the sole discretion of the city. All lots, with the exception of townhouse lots, must meet the minimum lot width requirements of the use district as required in chapter 10. (e) Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by chapter 10. (f) Features. In the subdividing of any land, due regard shall be shown for all-natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed subdivision. (g) Lot remnants. All remnants of lots below minimum lot size left over after subdividing of a larger property must be added to adjacent lots, rather than allowed to remain as unusable property unless a plan is provided showing the future use of the lot remnant. § 9-97 PRIOR LAKE CODE CD9:20 (h) Political boundaries. No singular plat shall extend over a political boundary or school district line without written notification to and approval by the affected units of government. (i) Frontage on two streets. Double frontage or lots with frontage on two parallel streets shall not be permitted except where lots back on collector or arterial streets, county or state highways, or where topographic or other conditions render subdividing otherwise unreason- able. Such double frontage lots shall adhere to, the following requirements: (1) Lot depth. Double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen plantings or buffering along the back lot line. To ensure adequate depth for such buffering, the following minimum depth require- ments shall be required for double frontage lots: District Minimum Lot Depth R-1 160 feet R-2 120 feet (2) Buffering/screening. All bufferyard requirements as regulated by chapter 10 must be satisfactorily met. (j) Buffer side yards. In the case of side yards involving single-family residential lots abutting arterial streets, lot widths shall be increased at least ten feet above the minimum lot width for the purpose of establishing buffers along the lot line bordering such streets. Buffering or side yards bordering major collector or arterial streets shall comply with the requirements as established by chapter 10. (k) Irregularly shaped lots. On single-family residential lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures upon the site that are compatible in size and character to the surrounding area. (Prior Code, § 1004.300) Sec. 9-100. Streets and alleys. (a) Continuous streets. Except for culs-de-sac, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided land, or shall be a reasonable projection of streets in the nearest subdivided land. The arrangement of thoroughfares and collector streets shall be provided in a manner consistent with the comprehensive plan. Dedicated streets shall be constructed to the property boundary of the subdivision. (b) Local streets. Local streets should be designed so as to discourage their use by non-local traffic. (c) Street plans for future subdivisions. Where the plat to be submitted includes only part of the property owned or intended for subdivision by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. § 9-100SUBDIVISIONS CD9:21 (d) Temporary cul-de-sac. In those instances where a street is terminated pending future extension in conjunction with a future subdivision, a temporary turnaround facility shall be provided at the closed end. This temporary cul-de-sac must be designed as approved by the city engineer and must be placed inside a temporary roadway easement if located outside a street right-of-way. The subdivider shall be required to provide an irrevocable letter of credit in a form acceptable to the city attorney for removal or restoration of the temporary cul-de-sac as determined by the city. The subdivider shall install a sign at the end of the temporary cul-de-sac stating that the cul-de-sac is a future through street. (e) Resubdivision of large lots. When a property is subdivided into larger than normal building lots, such lots shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. (f) Street intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be 80 degrees. Local street intersections must have a centerline offset of at least 280 feet. Local streets intersecting with a collector or higher order street must have a centerline offset of at least 660 feet unless topographic or other conditions render the requirements of this provision unreasonable. (g) Subdivisions abutting major rights-of-way. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a state highway or thoroughfare, provision may be made for a marginal access street (i.e., frontage road) approximately parallel and adjacent to the boundary of such right-of-way, provided that appropriate consideration is given to circulation design, or provision may be made for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined by the city with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. (h) Half-streets. Dedication of half-streets shall not be allowed unless they are essential to the reasonable subdivision of the property or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. The construction of half-streets shall conform with the requirements of these regulations. (i) Reserve strips. Reserve strips controlling access to streets are prohibited. (j) Street right-of-way and surface widths. Street right-of-way and surface widths shall conform to the following standards: STREET DESIGN Classifications Right-of-Way (ROW) Street Widths in Feet (measured face of curb to face of curb) Principal or minor arterial As required by state or county As required by state or county § 9-100 PRIOR LAKE CODE CD9:22 Classifications Right-of-Way (ROW) Street Widths in Feet (measured face of curb to face of curb) Collector 80—100 feet 36—52 Local 50—60 feet 28-32 Right-of-way dedications, excluding turnaround areas, may be reduced from 60 to 50 feet, and street widths may be reduced from 32 feet to not less than 28 feet in areas determined by the city to be environmentally sensitive due to topography, forestation, wetlands or proximity to the shoreland district. The reduction in width shall be made at the sole discretion of the city, per subsection (n) of this section. (k) Street sections. The street sections shall comply with design standards as set forth in the PWDM. All street designs are subject to the review and approval of the city. (l) Dead-end streets prohibited. Dead-end streets (temporary or permanent) without cul-de-sac turnarounds are prohibited unless otherwise provided for in this chapter. (m) Culs-de-sac. (1) Criteria for construction. Permanent culs-de-sac are allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a cul-de-sac. b. A through street is not physically feasible or desirable due to environmental considerations. (2) Requirements. Permanent culs-de-sac shall not be longer than 500 feet measured to the centerline of the intersection and including a terminal turnaround which shall be provided at the closed end, with a right-of-way radius not less than 60 feet. (n) Environmentally sensitive area exceptions. In areas determined by the city to be environmentally sensitive due to topography, forestation or wetlands, deviations to the design standards outlined in this article may be allowed, provided that such deviations are limited to the following: (1) All lots shall meet or exceed the minimum standards for the applicable zoning district. (2) The curb cut opening on the street shall meet established standards. (3) Street widths may be reduced from 32 feet to no less than 28 feet. (o) Private streets. Private streets shall only be permitted in planned unit developments, which have homeowner associations approved by the city. Private streets shall be platted as outlots and shall be designed and constructed in the same manner as public streets, provided the street pavement may be contained within the outlot and the balance of the street right-of-way may be contained within adjacent easements, provided that the combined width of outlots and easements shall not be less than the right-of-way, pavement width and easement requirements for public streets. § 9-100SUBDIVISIONS CD9:23 (p) Functional classification. Streets within the city shall be dedicated in accordance with their functional classification as designated within the city's comprehensive plan. (Prior Code, § 1004.400) Sec. 9-101. Sidewalks and trails. (a) Required sidewalks/trails. (1) Sidewalks or trails shall be required for all new subdivisions where a means of pedestrian access from the subdivision to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks is necessary in order to meet the purpose and objectives of the comprehensive plan and of this section. Subsection (c) of this section contains the guidelines for the location, installation and maintenance of sidewalks and trails within the city. The city council shall make the final determination of the type and location of sidewalks and trails to be installed. (2) Paved or concrete sidewalks or trails that may not strictly follow the street may be permitted by the city council. (3) Sidewalks or trails in common areas or other locations away from streets which are typically found in planned unit developments or cluster developments generally should be integrated into the detailed area plan or layout permitting visual surveillance of the path from the street or nearby houses. (b) Standards. (1) Sidewalks shall be constructed of concrete, five feet wide. An eight-foot concrete sidewalk will be required in high density areas where safety is a concern, including, but not limited to, commercial and industrial areas, multifamily areas and school zones. (2) Sidewalks shall be located at least one foot inside a public right-of-way, public easement, or common area. A border area or grass strip located between the street edge of the sidewalk and curb face shall be installed to provide a visual break between the paved surface of the street and sidewalk, a suitable location for snow storage, and to provide pedestrian safety by further moving the sidewalk from the road surface in accordance with the PWDM. (3) A continuous sidewalk, without a grass strip, will be required where the city determines that turf maintenance will likely be a problem and pedestrian traffic is considerable. (4) Sidewalk street crossings shall be located at a point along the road that offers adequate sight distance as determined by the city. (5) Barrier curbs (vertical curbs) six inches high shall be provided along collector streets or streets located in commercial or industrial areas adjacent to sidewalks to help § 9-100 PRIOR LAKE CODE CD9:24 prevent vehicles from leaving the roadway, control drainage, protect pavements edges and protect sidewalks, lawns, utilities signs and street trees from encroach- ment by vehicles, unless otherwise required by federal, state or county guidelines. (6) Curb cuts and ramps shall be installed in accordance with the PWDM. (7) When sidewalks cross streets, a treatment such as striping, landscaping medians, colored or stamped concrete or signs to identify the crosswalk as approved by the city shall be installed by the subdivider. (8) In subdivisions that contain hills or steep topography, the sidewalk pattern shall conform as closely as possible to the standards found herein and to connecting sidewalks and trails. (9) Where possible, new sidewalks shall be a logical extension of the existing sidewalks in adjacent subdivisions. (c) Guidelines for location, construction and maintenance of sidewalks/trails in new developments. Street Type Number of Sidewalks/Trails Installation Paid by Dev./City/1 Maintained by Owner/City None or 1 1 or 2 Sides Both Sides Local X Developer Owner/city Minor collector X Developer Owner/city Major collector X Developer/city/1 Owner/city Minor arterial X Developer/city/1 Owner/city Major arterial X Developer/city/1 Owner/city Principal arterial X Developer/city/1 Owner/city 1Other jurisdictions such as MnDOT or Scott County (d) Additional guidelines. If a public improvement is not listed in the city's capital improvement program (CIP), the subdivider will be responsible for cost and installation of sidewalk system. The city may require that sidewalks be installed on local streets or on one side of a minor collector when a trail also serves the street or where topographical or traffic conditions warrant. (Prior Code, § 1004.500) Sec. 9-102. Easements. (a) Width and location. An easement for utilities at least ten feet wide shall be provided along all front and rear lot lines and an easement for utilities at least five feet wide shall be provided along all side lot lines. If necessary for the extension of water main, sewer lines, stormwater sewer lines, drainage, and other utilities, easements of greater width may be required along lot lines or across lots. § 9-102SUBDIVISIONS CD9:25 (b) Continuous utility easement locations. The design and location of utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the written approval of the city council after a public hearing. (c) Exclusion from minimum lot area. Easements established over major drainageways, wetlands, water bodies, road rights-of-way, and regional utility/pipeline easements shall be excluded from the calculation of minimum lot areas as defined by this chapter and by the provisions of chapter 10. (d) Outlot alternative. The city may require outlots rather than easements for wetlands, water mains, sewer lines, storm sewer lines, drainage areas, temporary culs-de-sac and other features when these features will be owned and maintained by the city. The subdivider is responsible for providing the city with a recorded warranty deed, in a form approved by the city attorney, for the outlot and for payment of all taxes on the outlot. A recorded copy of this deed shall be delivered to the city immediately upon recording of the final plat. (Prior Code, § 1004.600) Sec. 9-103. Erosion and sediment control. The design of erosion and sediment control structures and procedures shall be in conformance with the provisions of the PWDM and in accordance with other state regulations. (Prior Code, § 1004.700) Sec. 9-104. Storm drainage. All subdivision design shall incorporate provisions for stormwater runoff consistent with the PWDM and the city's comprehensive stormwater management plan. (Prior Code, § 1004.800) Sec. 9-105. Protected areas. (a) Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of features, including, but not limited to, wetlands, drainageways, watercourses, areas subject to flooding, significant trees, steep slopes or wooded areas, the design of the subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. (b) Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether the protection will be accomplished through lot enlargement and redesign or dedication to the city of those sensitive areas in the form of outlots. (c) Measures intended to protect the areas designated as environmentally sensitive shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements or outlots over wetlands, drainageways and watercourses. § 9-102 PRIOR LAKE CODE CD9:26 (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The utilization of appropriate erosion control measures subject to approval by the city. (5) Soil testing to determine the ability of the proposed subdivision to support development. (6) The limitation of development on slopes steeper than 30 percent. (7) Structures that conform to the natural limitations presented by the topography and soil so as to minimize to the greatest extent feasible the potential for soil erosion. (8) The implementation of slope stabilization measures. (9) The establishment of a buffer zone around wetlands as outlined in subsection (d) of this section. (d) Buffer strip requirement. For any lot created on or after January 1, 2000, a buffer strip shall be maintained around the perimeter of all wetlands. The buffer strips shall meet the following requirements: (1) Buffer strips shall be sized as set forth in the PWDM. (2) Buffer strips shall be required whether or not the wetland is on the same property as the proposed subdivision or on an adjacent property. (3) Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is required unless the subdivider receives approval to replace such vegetation. (4) In the event the buffer strip area is graded, it shall be seeded or planted with native wetland vegetation where possible or in accordance with the standards for buffer strip vegetation in the PWDM. (5) Monumentation. A monument shall be required at each property line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the buffer strip. A monument shall consist of a post and a buffer strip sign. The signs shall have a brown field with white lettering and shall be securely mounted on a post to a minimum height of four feet above grade. The signs shall include prohibitions against disturbing or developing the buffer strip. The signs shall be installed prior to the issuance of a building permit. (e) Buffer strip alterations. (1) Alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application are prohibited § 9-105SUBDIVISIONS CD9:27 within any buffer strip. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the buffer strip is maintained to the standards required by this section. (2) The following activities shall be permitted within any buffer strip and shall not constitute prohibited alterations under subsection (e)(1) of this section: a. Plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards; b. Use and maintenance of an unimproved access strip through the buffer, not more than 20 feet in width, for recreational access to the wetland; c. Placement, maintenance, repair or replacement of utility and drainage systems that existed before creation of the buffer strip or are required to comply with any subdivision approval or building permit, as long as any adverse impacts of utility or drainage systems on the function of the buffer strip have been avoided or minimized to the extent possible; and d. Construction, maintenance, repair, reconstruction or replacement of existing and future public roads crossing the buffer strip, as long as any adverse impacts of the road on the function of the buffer strip have been avoided or minimized to the extent possible. (f) Alternate buffer strips. (1) Because of unique physical characteristics of a specific property, narrower buffer strips may be necessary to allow a reasonable use of the property. The use of alternate buffer strips will be based on an assessment of the following: a. The size of the property; b. Existing roads and utilities on the property; c. The percentage of the property covered by wetlands; d. The configuration of the wetlands on the property; e. The quality of the affected wetlands; f. Any undue hardship that would arise from not allowing the alternative buffer strip. (2) The use of alternative buffer strips will be evaluated as part of the review of a preliminary plat. (3) Where alternative buffer strip standards are approved, the width of the buffer strips shall be established by the city and include a minimum width of ten feet. Alternative buffer strips must be in keeping with the spirit and intent of this section. (g) Additional setback requirements. In any residential zoning districts, the subdivision grading plan shall indicate a minimum setback of 30 feet measured from the 100-year flood elevation of any wetland or detention pond to the building pad or house location. (Prior Code, § 1004.900) § 9-105 PRIOR LAKE CODE CD9:28 Sec. 9-106. Parkland dedication requirements. (a) The property owners of any land being subdivided for residential, commercial, industrial or other uses, or as a planned unit development shall dedicate a reasonable portion of the subdivided land to the public for public use as parks, playgrounds, trails or public open space. The city has determined the land dedication requirement to be equivalent to ten percent of the net area of a subdivision. Net area is defined as the gross area of land within the proposed subdivision less any stormwater ponding or wetland easements conveyed to the city. For the purpose of parkland calculation, local street right-of-way is included in net area, but road right-of-way necessary for county or state highways or excess collector street right-of-way shall be excluded from net area. The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule: Dedication Schedule Land Characteristic Dedication Credit Wooded areas or dry upland with undisturbed topsoil and slopes not exceeding 10% 100% Land on which the subdivider has provided a minimum of 4 inches of topsoil, graded to meet public use needs and does not exceed 10% slopes 100% Wetlands, NURP ponds, water retention areas and other lands, which are not usable for public recreation purposes 0% (b) At the city council's discretion, the city may accept other properties for public use which do not meet the criteria set forth in subsection (a) of this section when they meet public purposes or are contiguous to acceptable park, trail and open space land. No credit for the nonqualifying land will be given toward the satisfaction of park dedication requirements. (c) Land preparation. (1) Dedicated land shall be made suitable by the subdivider for its intended use as parks and playgrounds, trails, or public open space. The city shall determine the final condition of the land that is to be dedicated and the subdivider shall be responsible for grading, topsoil, turf establishment, and construction of any trails unless otherwise directed by the city. (2) The city further reserves the right not to accept land that in its discretion is not usable for the above-described purposes, does not provide park facilities in the locations set forth in the city's comprehensive plan, or would require extensive expenditures on the part of the city to make them usable. (d) At the city's option, the subdivider shall contribute an equivalent amount in cash, or in cash and land, in lieu of all or a portion of the land that the city may require such owner to dedicate pursuant to this section. The cash amount shall be based on an amount determined annually by the city council as part of the adoption of the city fee schedule. § 9-106SUBDIVISIONS CD9:29 (e) Whenever the term "dedicate" is used in this section, it shall mean a dedication to the city of land or cash, or some combination thereof, whichever the city, at its option, shall require. The dedication shall be made prior to the city's release of the final plat for filing. (f) In instances where cash is required in lieu of land, payments as required by this section shall be made prior to the release of the final plat to the subdivider. (g) Unless otherwise provided by the city, all land to be dedicated for park purposes shall be conveyed to the city by warranty deed. (h) Prior to the dedication of such land for public use, the subdivider shall deliver to the city a title opinion addressed to the city, and in a form acceptable to the city attorney, as to the condition of the title of such property, or in lieu of a title opinion, a title insurance policy from a title company acceptable to the city insuring the required public interest in the dedication therein. (i) In those cases where the city has agreed to allow the conveyance of parkland by a deed rather than dedication on the plat, the subdivider shall, immediately upon filing of the final plat or other appropriate subdivision documents, file for recording all easements, deeds or other conveyances of property required as a condition to the subdivision plat approval and provide evidence to the city. No building permits shall be issued to any lot in the plat until all such documents have been executed and filed. (Prior Code, § 1004.1000; Ord. No. 03-09, 6-28-2003) Sec. 9-107. Minimum design features. The design features set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. (Prior Code, § 1004.1100) Sec. 9-108. Zoning consistency. Preliminary and final plats shall only be approved if they are consistent with chapter 10. Preliminary plats shall not be approved prior to adoption of any pending rezoning application, any pending rezoning initiated by the city or any other zoning changes necessary for final plat approval. (Prior Code, § 1004.1200; Ord. No. 118-13, 8-11-2018) Secs. 9-109—9-129. Reserved. ARTICLE V. REQUIRED IMPROVEMENTS AND CHARGES Sec. 9-130. General provisions. (a) Assessment policy. The city assessment policy is adopted and incorporated into this article by reference as if fully set forth. § 9-106 PRIOR LAKE CODE CD9:30 (b) Development agreement. Before a final plat is signed by the city, the subdivider shall pay all applicable fees and enter into the city's standardized development agreement setting forth the conditions under which the plat is approved. (c) Security. Before a final plat is signed by the city, the subdivider shall also furnish the city financial security in the form of an irrevocable letter of credit or other form of security as approved by the city. The security shall be in a form and substance approved by the city attorney. If the subdivider fails to perform any obligations under the development agreement, the city may apply the security to cure the default. (d) Developer installed improvements. If the subdivider is going to install any public improvements, the required security shall be 125 percent of the sum of the following fixed or estimated costs: developer installed public improvements, including streets and utilities; grading, drainage, wetland and erosion control plans; landscape plan; and monumentation, and as-built/record drawings. (e) Grading improvements. Subdivision grading will be allowed upon the city council approval of the preliminary plat. Prior to any grading, the subdivider shall obtain a grading permit from the city. The grading permit application must be submitted along with a grading plan meeting the requirements outlined in the PWDM and the requirements for grading, filling and excavation as provided in section 10-568. (f) City installed improvements. If the city is going to install the public improvements, the required security shall be 125 percent of the sum of the following fixed or estimated costs: (1) Principal amount of special assessments for public improvements to be installed. (2) Streetlights. (3) Erosion control. (4) Landscaping. (5) Monumentation. (g) Warranty/maintenance bond. The city shall require the subdivider to submit a warranty bond in the amount equal to the original cost of the public improvements. The required warranty period for materials and workmanship for public utilities and streets shall be two years from the date of final acceptance. The required warranty period for sod, trees and landscaping is one year following acceptance of the landscaping. (h) Reproducible drawings. Reproducible as-built drawings of all required public improve- ments shall be furnished to the city by the subdivider. Such as-built drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. The subdivider shall also furnish such plans in an electronic format acceptable to the city. The size and format for reproducible drawings shall be in accordance with the standards in the PWDM. § 9-130SUBDIVISIONS CD9:31 (i) Improvements. All of the required public improvements to be installed under the provisions of this article shall be approved by and subject to inspection by the city. All of the city's expenses incurred in connection with the installation of the required public improve- ments shall be paid either directly to the city's consultants or by reimbursement to the city by the subdivider. (Prior Code, § 1005.100) Sec. 9-131. Monuments. (a) Official monuments. Official monuments, as designated and adopted by the county surveyor's office and approved by the county district court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the city. The boundary line of the property to be included in the plat shall be fully dimensioned, all angles of the boundary excepting the closing angle shall be indicated and all monuments and surveyor's irons shall be indicated. Each angle point of the boundary perimeter shall be so monumented. (b) Placement. Survey monuments shall be placed at all block and lot corners, angle points, points of curves in streets or at intermediate points as shall be required by the city. The monuments shall be of such material, size and length as required by the city. It shall be the subdivider's responsibility to ensure the survey monuments are maintained in good order during construction. Proof of the monumentation shall be in the form of a surveyor's certificate and this requirement shall be a condition of a certificate of occupancy as provided for in chapter 10. (Prior Code, § 1005.200) Sec. 9-132. Street improvements. All streets shall be improved in accordance with the standards and specifications for street construction as required by the PWDM. (Prior Code, § 1005.300) Sec. 9-133. Future street improvements and charges. (a) Dedication. As a condition of plat approval, when property being platted is adjacent to an existing collector street, highway, or substandard streets which need improvement, the subdivider shall dedicate land for the widening or improvement of the collector street, highway or substandard street. (b) Collector street charge. In accordance with the city's special assessment policy, an acreage fee for the collector street system is to be collected as part of the development agreement on all new subdivisions. The fees are dedicated to the collector street fund and are to be used for the purpose of paying for collector street improvements and pedestrian trail improvements associated with collector streets and the city share of county road related trail improvements. The charge shall be based upon the gross acreage of the subdivision less the area to be dedicated to the city for ponding, parks, wetlands, and road rights-of-way § 9-130 PRIOR LAKE CODE CD9:32 necessary for county or state highways or excess collector street right-of-way. The fee shall be set annually by the city council in the city fee schedule and paid to the city prior to the release of the final plat. (Prior Code, § 1005.400) Sec. 9-134. Sanitary sewer and water improvements and charges. (a) Improvements. Sanitary sewer and water facilities shall be installed in accordance with the standards and specifications as required by the city council and subject to the approval of the city. (b) Charges. In accordance with the city's special assessment policy, an acreage charge, dedicated to the trunk system reserve fund, will be collected as part of the development agreement on all new subdivisions. The purpose of this fund is to pay for central system improvements essential for the functional operation of the entire municipal sewer and water system. The charge shall be based upon the gross acreage of the subdivision less the acreage to be dedicated to the city for ponding, parks, wetlands, and road rights-of-way necessary for county or state highways or excess collector street rights-of-way. The fee shall be set annually by the city council in the city fee schedule and paid to the city prior to the release of the final plat. (Prior Code, § 1005.500) Sec. 9-135. Stormwater improvements and charges. (a) Stormwater facilities shall be installed in accordance with the standards and specifications as required by the city council and subject to the approval of the city. (b) In accordance with the city's special assessment policy, a charge for trunk stormwater improvements, either constructed or to be constructed for trunk facilities serving the subject property, will be collected as part of the development agreement for all new subdivisions. The charge shall be based upon the gross acreage of the subdivision less the acreage to be dedicated to the city for ponding, parks, wetlands, and road rights-of-way necessary for county or state highways or excess collector street rights-of-way. The fee shall be set annually by the city council in the city fee schedule and paid to the city prior to the release of the final plat. The subdivision will be given a credit for any on-site stormwater improvement that has been oversized to serve property outside the subdivision. (Prior Code, § 1005.600) Sec. 9-136. Exceptions. Property being replatted shall be exempt from paying the street, sewer, water and stormwater charges set forth in sections 9-133(b), 9-134(b) and 9-135(b) if the stated charges were paid or assessed in conjunction with the initial platting of the property or paid or assessed by other means. (Prior Code, § 1005.700) § 9-136SUBDIVISIONS CD9:33 Sec. 9-137. Public utilities. All public utilities, including, but not limited to, telephone, electric, cable or gas service lines shall be placed underground in accordance with all applicable provisions of this Code. (Prior Code, § 1005.800) Sec. 9-138. Election by city to install improvements. It is the subdivider's responsibility to install all required public improvements except that the city reserves the right to design or install all or any part of the public improvements, including trunk facilities, required under the provisions of this article pursuant to Minn. Stats. ch. 429. If the city elects to install the improvements, the city shall require the subdivider to post an irrevocable letter of credit or other security guaranteeing payment of the assessments. (Prior Code, § 1005.900) Sec. 9-139. Trees required for new subdivisions. In new subdivisions, trees shall be planted on each lot. Permitted tree species shall be in accordance with section 10-728. All required trees shall be planted by the builder prior to issuance of certificate of occupancy. The following tree specifications shall apply to each platted lot in the proposed subdivision. (1) Required. One balled and burlapped street tree will be required per lot frontage and one balled and burlapped front yard tree will be required per front yard. (2) Caliper. Each tree must be a minimum of 2 inches in trunk diameter measured at ground level. (3) Location. Trees shall be planted inside the front property line at a distance of at least 15 feet from the back edge of the curb. (4) Clear view triangle. No required subdivision tree shall be planted inside of any drainage or utility easement or within a 40-foot clear view triangle on corner lots. The clear view triangle is the area established for visibility clearance at intersec- tions. The area of the clear view triangle is defined as beginning at the intersection of the projected lot lines of the corner lot, thence 40 feet along one lot line, thence diagonally to a point 40 feet from the point of beginning on the opposite line. (Prior Code, § 1005.1000) Sec. 9-140. Topsoil and sodding. The builder shall spread a minimum of four inches of topsoil over the boulevard, front and side yards. All boulevard, front and side yard areas shall be sodded except those areas that are landscaped. Such topsoil and sodding shall be installed by the builder prior to the issuance of a certificate of occupancy. (Prior Code, § 1005.1100) § 9-137 PRIOR LAKE CODE CD9:34 Sec. 9-141. Cable installation. In new residential subdivisions in which all the electric power and telephone utilities are underground, the city may, in its sole discretion, require that the following procedure apply with respect to access to and utilization of underground easements: (1) The subdivider shall be responsible for contacting all cable franchise grantees ("grantees") to ascertain which grantees desire (or, pursuant to the terms and provisions of any franchise agreement, may be required) to provide cable service to that subdivision. The subdivider may establish a reasonable deadline to receive responses from grantees. The final subdivision map shall indicate the grantees that have agreed to serve the subdivision. (2) If one or more grantees wish to provide service within all or part of the subdivision, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two grantees indicate interest, the subdivider shall provide conduit to accommodate a minimum of two sets of cable television cables and dedicate to the city any initially unoccupied conduit. (3) The subdivider shall provide at least ten business days' notice of the date that utility trenches will be open to the grantees that have agreed to serve the subdivision. When the trenches are open, such grantees shall have two business days to begin the installation of their cables and five business days after beginning installation to complete installation. (4) The final subdivision map shall not be approved until the subdivider submits evidence that: a. It has notified each grantee that underground utility trenches are to open as of an estimated date and that each grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and b. It has received a written notification from each grantee that the grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the subdivider and grantee, or has received no reply from a grantee within ten days after its notification to such grantee, in which case the grantee will be deemed to have waived its opportunity to install its facilities during the open trench period. (5) Sharing the joint utilities trench shall be subject to compliance with state regulatory agency and utility standards. If such compliance is not possible, the subdivider shall provide a separate trench for the cable television cables, with the entire cost shared among the participating grantees. With the concurrence of the subdivider, the affected utilities and the grantees, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the requirements of federal, state and local laws, regulations, ordinances, and policies. § 9-141SUBDIVISIONS CD9:35 (6) Any grantee wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching. (Prior Code, § 1005.1200; Ord. No. 118-13, 8-11-2018) Secs. 9-142—9-165. Reserved. ARTICLE VI. ADMINISTRATION AND ENFORCEMENT Sec. 9-166. Nonplatted subdivisions. (a) Administrative land subdivisions/combinations. The city may administratively approve a subdivision or combination of an existing platted property when it meets the following criteria: (1) The division/combination will not result in more than three lots. (2) All newly created lots must meet the minimum standards of the zoning district in which they are located, and the resulting lots must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. (3) The division/combination will not cause any structure on the land to be in violation of chapter 10. (4) Any easements that may be required by the city must be granted. (b) Administrative land subdivision/combination procedure. (1) An application for an administrative land subdivision/combination, signed by the applicant and the property owner, shall be submitted to the community development department. The application shall be accompanied by the following: a. Three full-scale copies and one 11-inch by 17-inch reduction of a certificate of survey identifying the existing and proposed lot lines, as well as any existing structures on the lots and the setbacks from the current and proposed lot lines. The certificate of survey shall also be submitted by electronic copy. b. The required filing fee as established by the city council in the city fee schedule. (2) Following receipt of a complete application, the city staff will review the application for conformance with the provision of chapter 10, this article and all other applicable city ordinances. (3) The zoning administrator shall take action to either approve or deny an administra- tive subdivision/combination and notify the applicant in writing of this decision within 15 business days of receipt of a completed application. (4) The decision of the zoning administrator to approve or deny an administrative land subdivision/combination may be appealed by an affected party within five days of the decision. An appeal shall be processed according to the provisions of section 10-958. § 9-141 PRIOR LAKE CODE CD9:36 (c) Registered land surveys. All registered land surveys in the city shall be processed in the same manner as a combined preliminary and final plat application. In accordance with the standards set forth in this chapter for combined preliminary plat and final plat applications, the planning commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so indicated. Unless a recommendation and approval have been obtained from the planning commission and city council respectively, in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. (d) Conveyance by metes and bounds. No subdivision of property in which the land conveyed is described by metes and bounds shall be recorded. Building permits will be withheld for buildings or land that have been subdivided and conveyed by this method without city approval and the city may refuse to take over land as streets or roads or to improve, repair or maintain any such land. (e) Exceptions. The provisions of subsection (d) of this section do not apply where all the resulting lots or interests will be 20 acres or larger in size and either at least 500 feet in width for residential uses or at least five acres or larger in size for commercial and industrial uses. (f) Council resolution waiving requirements. In any case in which compliance with the restrictions in subsection (d) of this section will create an unnecessary hardship and failure to comply will not interfere with the purpose of this section, the council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. (g) Charges for development of vacant property. The owner of any vacant property, which was or is conveyed by metes and bounds, shall be responsible to make any required dedications and pay any applicable development charges as set forth in sections 9-133 through 9-135 prior to development of the property. The property shall be exempt from paying the street, sewer, water and stormwater charges if the subdivider can establish that the stated charges were paid or assessed by other means. (Prior Code, § 1006.100) Sec. 9-167. Exceptions, planning commission recommendations, standards. (a) Findings. The planning commission may recommend an exception to the minimum standards of this chapter (not the procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any exception, the planning commission shall prescribe any conditions that it deems necessary or desirable to protect and preserve the health, welfare and safety of the public and property values. In making its recommendations, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to § 9-167SUBDIVISIONS CD9:37 reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. An exception shall only be recommended when the planning commission finds: (1) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the subdivider of the reasonable use of his/her land; (2) That the granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which the property is situated; and (3) That the exception is to correct inequities resulting from a physical hardship such as topography. After considerations of the planning commission recommendations, the city council may grant exceptions, subject to subsection (a) of this section. (b) Application. The provisions of subsection (a) of this section apply only to exceptions to the provisions of this chapter. Variances to the provisions of chapter 10, including, but not limited to, setbacks, lot area and lot width, must be processed according to the provisions of chapter 10, article VI, division 4. (Prior Code, § 1006.200) Sec. 9-168. Procedures. (a) Requests for an exception shall be filed with the community development department on an official application form provided by the city. Such application shall be accompanied by a fee as established by the city council in the city fee schedule. Such application shall also be accompanied by three copies of detailed written and graphic materials necessary for the explanation of the request. (b) Upon receiving the application, the application, along with all related information, shall be referred to the planning commission for a report and recommendation to the city council. (c) The community development department shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten days prior to the hearing, and individual property notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property within 500 feet of the property included in the request. (d) Failure of a property owner to receive the notice shall not invalidate any such proceedings. (e) The planning commission shall make a finding of fact and recommend such actions or conditions to the city council relating to the request as it deems necessary to carry out the intent and purpose of this chapter. § 9-167 PRIOR LAKE CODE CD9:38 (f) The city council shall not grant an exception until it has received a report and recommendation from the planning commission and the city staff or until 60 days after the first regular planning commission meeting at which the request was considered, whichever occurs sooner. (g) Upon receiving the report and recommendation of the planning commission, the city council shall make findings of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. (h) The city council shall decide whether to approve or deny a request for an exception within 30 days after the public hearing on the request. (i) An exception to this chapter shall be by majority vote of the full city council. (Prior Code, § 1006.300) Sec. 9-169. Appeal to district court. Any person aggrieved by an ordinance, rule, regulation, decision, or order of the city council may appeal to court as provided by law. (Prior Code, § 1006.400) Sec. 9-170. Violations and penalties. (a) Penalty. A violation of any provision of this chapter is a misdemeanor. Each day during which compliance is delayed shall constitute a separate offense. (b) Sale of lots from unrecorded plats. It shall be a misdemeanor to sell, trade, or otherwise convey any lot or piece of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of this chapter unless the plan, plat or replat shall have first been approved pursuant to this chapter and recorded in the office of the recorder or registrar of the county. (c) Receiving or recording unapproved plats. It shall be a misdemeanor for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this chapter, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. (d) Misrepresentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys or avenues of the addition or subdivision or any sewer, water and storm sewer utility in the addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised or inspected. (Prior Code, § 1006.500; Ord. No. 118-13, 8-11-2018) § 9-170SUBDIVISIONS CD9:39 Chapter 10 ZONING Article I. In General Secs. 10-1—10-18. Reserved. Article II. Administration Division 1. Generally Sec. 10-19. Purpose and intent. Sec. 10-20. Chapter overview. Sec. 10-21. Interpretation. Sec. 10-22. Rules of construction. Sec. 10-23. Public hearings. Secs. 10-24—10-49. Reserved. Division 2. Definitions Sec. 10-50. Terms defined. Secs. 10-51—10-73. Reserved. Division 3. Official Maps Sec. 10-74. Purpose. Sec. 10-75. Official map defined. Sec. 10-76. Proceedings. Sec. 10-77. Preparation and filing of maps. Sec. 10-78. Effect; appeals. Secs. 10-79—10-99. Reserved. Division 4. Signage for Facilities of Regional Significance Sec. 10-100. Purpose. Sec. 10-101. Findings. Sec. 10-102. Definitions. Sec. 10-103. Performance standards. Sec. 10-104. Sign permit requirements. Sec. 10-105. Sign plan requirements. Sec. 10-106. Maintenance. Sec. 10-107. Lapse of sign permit. Sec. 10-108. Cancellation. Sec. 10-109. Removal of signs. Secs. 10-110—10-131. Reserved. CD10:1 Article III. Use Districts Division 1. Generally Secs. 10-132—10-160. Reserved. Division 2. Districts and Maps Sec. 10-161. Districts established. Sec. 10-162. Zoning map. Sec. 10-163. Official maps. Sec. 10-164. Zoning district boundaries. Sec. 10-165. Designation of annexed property. Secs. 10-166—10-184. Reserved. Division 3. Land Use Generally Sec. 10-185. Land use table. Sec. 10-186. General provisions. Sec. 10-187. Restrictions. Secs. 10-188—10-212. Reserved. Division 4. Land Use Definitions and Conditions Sec. 10-213. Defined terms and requisites applicable to division. Sec. 10-214. Accessory apartment. Sec. 10-215. Accessory structure. Sec. 10-216. Adult uses. Sec. 10-217. Agriculture and forestry. Sec. 10-218. Animal handling. Sec. 10-219. Appliance and small engine repair. Sec. 10-220. Auto body/painting. Sec. 10-221. Bank. Sec. 10-222. Bed and breakfast establishment. Sec. 10-223. Bicycle sales and repair. Sec. 10-224. Boarders, keeping of. Sec. 10-225. Boat slips, city. Sec. 10-226. Boat slips, personal. Sec. 10-227. Brewpub. Sec. 10-228. Brewer taproom. Sec. 10-229. Building improvement trades. Sec. 10-230. Business services. Sec. 10-231. Car wash. Sec. 10-232. Cemeteries. Sec. 10-233. Cluster housing. Sec. 10-234. Cocktail room. Sec. 10-235. Community centers. Sec. 10-236. Contractor yard. Sec. 10-237. Controlled access lot. Sec. 10-238. Convention and exhibition center. Sec. 10-239. Data center. PRIOR LAKE CODE CD10:2 Sec. 10-240. Day care, commercial (includes child care programs as defined by state statute). Sec. 10-241. Day care, family (includes family day care and group family day care as defined by state statute). Sec. 10-242. Dedicated waterfront. Sec. 10-243. Dry cleaning. Sec. 10-244. Dwelling, multifamily. Sec. 10-245. Dwelling, single-family attached—Rowhome. Sec. 10-246. Dwelling, single-family attached—Twinhome. Sec. 10-247. Dwelling, single-family detached. Sec. 10-248. Electrical utility substations. Sec. 10-249. Exclusive liquor store. Sec. 10-250. Expansion of nonconforming use in town center. Sec. 10-251. Freight terminal. Sec. 10-252. Funeral home. Sec. 10-253. Golf course. Sec. 10-254. Gun range, indoor. Sec. 10-255. Heavy equipment and specialized vehicle sale, rental and service. Sec. 10-256. Home occupations. Sec. 10-257. Hospital. Sec. 10-258. Hotel/motel. Sec. 10-259. Library. Sec. 10-260. Manufacturing/processing. Sec. 10-261. Marina, commercial. Sec. 10-262. Marina, recreational. Sec. 10-263. Medical/dental laboratories. Sec. 10-264. Medical/dental office. Sec. 10-265. Microdistillery. Sec. 10-266. Mining. Sec. 10-267. Motor fuel stations. Sec. 10-268. Motor vehicle sales. Sec. 10-269. Motor vehicle service and repair. Sec. 10-270. Nurseries and greenhouses. Sec. 10-271. Nursing home. Sec. 10-272. Office. Sec. 10-273. Outdoor sales/display. Sec. 10-274. Outdoor seating. Sec. 10-275. Outdoor storage, Class I. Sec. 10-276. Outdoor storage, Class II. Sec. 10-277. Parking lot, freestanding. Sec. 10-278. Parking lot, on-site. Sec. 10-279. Parking ramp. Sec. 10-280. Parks/open space. Sec. 10-281. Park/recreation. Sec. 10-282. Place of assembly. Sec. 10-283. Pole building. Sec. 10-284. Police/fire station/ambulance. Sec. 10-285. Printing process. Sec. 10-286. Private entertainment, indoor. Sec. 10-287. Private entertainment, outdoor. ZONING CD10:3 Sec. 10-288. Public service structure. Sec. 10-289. Radio transmitters, microwave and communication towers. Sec. 10-290. Recreational dome. Sec. 10-291. Recycling center. Sec. 10-292. Research and testing laboratories. Sec. 10-293. Restaurants and clubs/lodges. Sec. 10-294. Retail. Sec. 10-295. School, pre-K—12. Sec. 10-296. School, business/trade. Sec. 10-297. Self-service storage facility. Sec. 10-298. Senior housing. Sec. 10-299. Senior housing with services establishment. Sec. 10-300. Service. Sec. 10-301. Shopping center. Sec. 10-302. Showroom. Sec. 10-303. Small brewer. Sec. 10-304. Stable, commercial. Sec. 10-305. Stable, private. Sec. 10-306. State-licensed residential facility. Sec. 10-307. State-licensed nonresidential facility. Sec. 10-308. Studio. Sec. 10-309. Temporary agricultural commodities. Sec. 10-310. Temporary construction structure. Sec. 10-311. Temporary on-site equipment and material storage. Sec. 10-312. Temporary outdoor sales. Sec. 10-313. Temporary pollution abatement structures and equipment. Sec. 10-314. Temporary sales trailers. Sec. 10-315. Temporary seasonal structures or temporary seasonal cabins. Sec. 10-316. Transportation facility. Sec. 10-317. Warehouse/storage/distribution. Sec. 10-318. Waste hauler. Sec. 10-319. Wholesale. Sec. 10-320. Wind generators. Secs. 10-321—10-343. Reserved. Division 5. Nonconformities Sec. 10-344. Purpose. Sec. 10-345. Applicable state statutes; general requirements. Sec. 10-346. Nonconforming property. Sec. 10-347. Nonconforming uses. Sec. 10-348. Nonconforming structure. Sec. 10-349. Expansion of a nonconforming restaurant use. Secs. 10-350—10-369. Reserved. Division 6. Communication Towers Sec. 10-370. Purpose and intent. Sec. 10-371. Definitions. § 10-349 PRIOR LAKE CODE CD10:4 Sec. 10-372. Application and scope. Sec. 10-373. Building permit required. Sec. 10-374. Zoning districts. Sec. 10-375. Height restrictions. Sec. 10-376. Setbacks and siting. Sec. 10-377. Lighting. Sec. 10-378. Signs and advertising. Sec. 10-379. Design. Sec. 10-380. Accessory equipment shelters. Sec. 10-381. Abandoned or unused towers or portions of towers. Sec. 10-382. Co-location. Sec. 10-383. Exceptions. Secs. 10-384—10-409. Reserved. Article IV. Overlay Districts Division 1. Generally Secs. 10-410—10-431. Reserved. Division 2. Shoreland Regulations Sec. 10-432. Overlay. Sec. 10-433. General provisions. Sec. 10-434. Designation of types of land use. Sec. 10-435. Zoning provisions. Sec. 10-436. Shoreland alterations. Sec. 10-437. Special provisions for commercial, industrial, public/semi-public, agricultural and forestry. Sec. 10-438. Water supply and sewage treatment. Sec. 10-439. Planned unit developments (PUDs). Secs. 10-440—10-461. Reserved. Division 3. Floodplains Sec. 10-462. Statutory authorization, findings of fact, and purpose. Sec. 10-463. General provisions. Sec. 10-464. Floodplain districts. Sec. 10-465. Floodway District (FW). Sec. 10-466. Flood Fringe District (FF). Sec. 10-467. General Floodplain District (GF). Sec. 10-468. Subdivision standards. Sec. 10-469. Utilities, railroads, roads, and bridges. Sec. 10-470. Manufactured homes and recreational vehicles. Sec. 10-471. Administration. Sec. 10-472. Continuance of nonconformities. Sec. 10-473. Violations and penalties. Sec. 10-474. Amendments. Secs. 10-475—10-501. Reserved. § 10-349ZONING CD10:5 Division 4. Planned Unit Developments Sec. 10-502. Overlay. Sec. 10-503. Definition. Sec. 10-504. Purpose. Sec. 10-505. Findings. Sec. 10-506. Flexibility. Sec. 10-507. Allowed uses. Sec. 10-508. Review standards. Sec. 10-509. Minimum PUD eligibility requirements. Sec. 10-510. PUD submission requirements and procedures. Sec. 10-511. Concept plan. Sec. 10-512. Preliminary PUD plan. Sec. 10-513. Final PUD plan. Sec. 10-514. Amendments. Sec. 10-515. Vote approving PUD. Sec. 10-516. Fees and reimbursements for city costs. Sec. 10-517. Treatment of former PUD districts. Secs. 10-518—10-542. Reserved. Article V. Performance Standards Division 1. Generally Secs. 10-543—10-562. Reserved. Division 2. General Performance Standards Sec. 10-563. Compliance required. Sec. 10-564. Lot provisions. Sec. 10-565. No sewer and water. Sec. 10-566. Height limitations. Sec. 10-567. Pedestrian access. Sec. 10-568. Grading, filling, land reclamation, excavation. Secs. 10-569—10-599. Reserved. Division 3. Agricultural and Residential Performance Standards Sec. 10-600. Introduction. Sec. 10-601. Residential performance standards. Sec. 10-602. A Agricultural dimensional standards. Sec. 10-603. R-S Rural Subdivision dimensional standards. Sec. 10-604. R-1 Low Density Residential dimensional standards. Sec. 10-605. R-2 Medium Density Residential dimensional standards. Sec. 10-606. R-3 High Density Residential dimensional standards. Sec. 10-607. Required yards/open space; yard encroachments. Sec. 10-608. Lighting. Secs. 10-609—10-634. Reserved. § 10-349 PRIOR LAKE CODE CD10:6 Division 4. Commercial and Town Center Performance Standards Sec. 10-635. Introduction. Sec. 10-636. C Commercial restrictions and performance standards. Sec. 10-637. TC Town Center dimensional and design standards. Sec. 10-638. TC-T Transitional Town Center purpose, permitted uses, standards. Sec. 10-639. C-1 Neighborhood Business dimensional standards. Sec. 10-640. C-2 General Business dimensional standards. Sec. 10-641. C-3 Business Park dimensional standards. Sec. 10-642. Yard encroachments. Sec. 10-643. Lighting. Secs. 10-644—10-674. Reserved. Division 5. Industrial Performance Standards Sec. 10-675. Compliance. Sec. 10-676. I-1 Industrial performance standards. Sec. 10-677. Industrial dimensional standards. Sec. 10-678. Yard encroachments. Sec. 10-679. Lighting. Secs. 10-680—10-701. Reserved. Division 6. Architectural Design Sec. 10-702. Purpose. Sec. 10-703. Multifamily design standards. Sec. 10-704. Commercial, business park and industrial design standards. Sec. 10-705. Town Center design standards. Secs. 10-706—10-723. Reserved. Division 7. Landscaping, Bufferyards, Trees, and Fences Sec. 10-724. Compliance. Sec. 10-725. Required yards/open space. Sec. 10-726. Landscaping and screening. Sec. 10-727. Bufferyards. Sec. 10-728. Tree preservation and restoration. Sec. 10-729. Fences and walls. Sec. 10-730. Traffic visibility. Secs. 10-731—10-758. Reserved. Division 8. Parking, Loading Spaces and Driveways Sec. 10-759. Purpose and intent. Sec. 10-760. Off-street parking areas. Sec. 10-761. Design and maintenance of off-street parking areas. Sec. 10-762. Number of required off-street parking spaces. Sec. 10-763. Proof of parking. Sec. 10-764. Parking bonuses. Sec. 10-765. Off-street loading facilities. Sec. 10-766. Driveways. Secs. 10-767—10-785. Reserved. § 10-349ZONING CD10:7 Division 9. Signs Sec. 10-786. Findings and purpose. Sec. 10-787. Definitions. Sec. 10-788. Exempt signs. Sec. 10-789. Allowed signs; no sign permit required. Sec. 10-790. Allowed signs; permit required. Sec. 10-791. Wall signs; permit required. Sec. 10-792. Freestanding signs; permit required. Sec. 10-793. Annual signs; permit required. Sec. 10-794. Temporary signs; permit required. Sec. 10-795. Prohibited signs. Sec. 10-796. Calculating sign area. Sec. 10-797. General sign regulations. Sec. 10-798. Sign permit requirements. Sec. 10-799. Sign plan requirements. Sec. 10-800. Maintenance. Sec. 10-801. Lapse of sign permit. Sec. 10-802. Removal of signs. Secs. 10-803—10-827. Reserved. Article VI. Procedures Division 1. Generally Secs. 10-828—10-847. Reserved. Division 2. Site Plan Review Sec. 10-848. Purpose and intent; uses subject to review procedure; application; site plan approval, building permit. Secs. 10-849—10-874. Reserved. Division 3. Conditional and Interim Use Permits Sec. 10-875. Standards and procedures governing conditional and interim use permits. Sec. 10-876. Conditional use permits. Sec. 10-877. Continuation of certain conditional use permits. Sec. 10-878. Interim use permits. Secs. 10-879—10-904. Reserved. Division 4. Variances Sec. 10-905. Standards and procedures governing variances. Sec. 10-906. Variances to the provisions of the chapter. Secs. 10-907—10-930. Reserved. Division 5. Amendments Sec. 10-931. Standards and procedures governing amendments. Sec. 10-932. Amendments to this chapter or zoning map. Sec. 10-933. Amendments to the comprehensive plan and land use map. § 10-349 PRIOR LAKE CODE CD10:8 Sec. 10-934. Amendments to official maps. Secs. 10-935—10-956. Reserved. Division 6. Appeals Sec. 10-957. Procedure or method to appeal. Sec. 10-958. Appeal from a decision of the planning commission/board of adjustment and appeals. Sec. 10-959. Appeal from a decision of the zoning administrator. Sec. 10-960. Appeal from a decision of the city council. Sec. 10-961. Standard of review. Sec. 10-962. Effect of appeal. Secs. 10-963—10-982. Reserved. Division 7. Enforcement, Penalty and Fees Sec. 10-983. Enforcement. Sec. 10-984. Fees. Secs. 10-985—10-1011. Reserved. Division 8. Building Permits and Certificates of Occupancy Sec. 10-1012. Building permits. Sec. 10-1013. Certificates of surveys as part of building permit applications. Sec. 10-1014. Certificate of occupancy. § 10-349ZONING CD10:9 ARTICLE I. IN GENERAL Secs. 10-1—10-18. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 10-19. Purpose and intent. (a) Findings and purpose. The city council finds it necessary to accomplish the following: (1) Protect the residential, business, industrial and public areas of the city and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, and public land and areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights-of-way. (5) Prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and structures and the bulk of structures in relation to the land surrounding them. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the city's comprehensive plan. (8) Maintain a tax base necessary to promote the economic welfare of the city by ensuring optimum values for property in the city. (9) Enhance the aesthetic character and appearance of the city. (10) Conserve natural resources and environmental assets of the city. (11) Provide adequate off-street parking and loading facilities. (12) Provide effective administration of this chapter and any future amendments to this chapter and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this chapter to ensure it will be amended to meet changing needs of the city and advances in science and technology. § 10-19ZONING CD10:11 (b) Implementation. To implement these findings, the city council, through this chapter, establishes minimum requirements to protect the public health, safety, morals, comfort, convenience, and general welfare of the people. This chapter shall divide the city into zoning districts and establish regulations which control the location, erection, construction, reconstruction, alteration and use of structures and land. (Prior Code, § 1110.100) Sec. 10-20. Chapter overview. (a) This chapter provides for the classification and regulation of uses, land and structures within the city. The classifications and regulations are intended to effectuate the goals and policies of the city's comprehensive plan, to ensure the orderly and efficient growth within the city and promote the general health, welfare, and safety of the city and its residents. Every person owning property, living, or involved in a business in the city is presumed to know the provisions of this chapter. (b) This chapter is divided into various subsections, many of which interrelate with other subsections of this chapter. This article provides for rules governing how the various provisions are to be interpreted and how to reconcile what may appear to be conflicts between sections. (c) This chapter establishes zoning districts and land uses; conditions, performance standards and dimensional standards; and procedures, process and appeals. (d) The city council shall annually establish by ordinance or resolution fees for land use applications, reviews and processes. (e) The planning commission shall serve as the board of adjustment and appeals. (f) The community development director shall serve as the zoning administrator. (Prior Code, § 1110.200) Sec. 10-21. Interpretation. The provisions of this article are intended to establish guidelines to follow in clarifying ambiguities that may arise regarding the meaning of text in this chapter, the interpretation of the zoning map, or the application of rules and regulations adopted pursuant to this chapter. (Prior Code, § 1110.300) Sec. 10-22. Rules of construction. The following rules of construction govern the interpretation of the language of this chapter: (1) Definitions. Words or terms not defined in this chapter shall have their ordinary and usual meaning at the time the word or term is being applied to a zoning question or situation. General words are construed to be restricted in their meaning by preceding particular words. § 10-19 PRIOR LAKE CODE CD10:12 (2) Effect. This chapter shall be construed, if possible, to give effect to all provisions in this chapter. When the words of this chapter in their application to an existing situation are clear and free from ambiguity, the letter of this chapter shall not be disregarded under the pretext of pursuing the spirit. The zoning administrator shall render interpretations of any provision of this chapter or any rule or regulation issued pursuant to this chapter. When the words of this chapter are not clear and free from ambiguity, the following factors may be considered: a. The purpose and necessity for the section or specific provision. b. The circumstance under which it was enacted. c. The mischief to be remedied. d. The object to be attained. e. The former chapter. f. The consequences of a particular interpretation. g. Administrative interpretations of this chapter and interpretations by the board of adjustment and appeals and the city council. (3) Presumptions. In interpreting this chapter, the following presumptions apply: a. The city council did not intend a result that is absurd, impossible of execution, or unreasonable. b. The city council intended the entire chapter to be effective and certain. c. The city council did not intend to violate the federal or state constitution. d. The city council intended to favor the public interest as against any private interest. (4) Grammar. Grammatical errors shall not destroy the application of this chapter. A transposition of words and clauses may be resorted to when a sentence, as it stands, is without meaning. Words and phrases which may be necessary to the proper interpretation of this chapter and which do not conflict with its obvious purpose and intent nor in any way affect its scope in operation may be added in the construction thereof. (5) Conflicts. When a general provision of this chapter conflicts with a specific provision in this chapter, the two shall be construed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the specific provisions shall prevail and shall be construed as an exception to the general provision unless the general provision was enacted subsequent to the specific provision. When several clauses are irreconcilable, the clause last in order of date shall prevail. (6) Reference. a. When any specific section is referenced in this chapter, the reference shall include and incorporate any changes, revisions or amendments as may from § 10-22ZONING CD10:13 time to time be enacted. When a section or provision of this chapter is amended, the amendment shall be construed as merging into this chapter, becoming a part thereof, and replacing the part amended, and the remainder of the original chapter and the amendment shall be read together and viewed as one chapter passed at one time. The portions of this chapter which were not altered by the amendment shall be construed as effective from the date of the first enactment of the ordinance from which it is derived, and the new provision shall be construed as effective only from the date when the amendment became effective. b. When this chapter adopts the provisions of state statute by reference, it also adopts by reference any subsequent amendments of that statute. c. If two or more amendments to the same provision of this chapter are enacted at the same or at different times, one amendment overlooking and making no reference to the other or others, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail. d. Where a provision of this chapter references another provision of this chapter which is renumbered, the reference shall continue to refer to the amended section as it is renumbered. The referencing provision shall be assumed to have been updated to reference the new numbering. (7) Diagrams. Diagrams, where provided, are intended to aid written text and may not be drawn to scale. Where a conflict exists between a diagram and text, the text shall prevail. (8) Separability. Provisions in this chapter are separable if the following events occur: a. If a court of competent jurisdiction finds any provision of this chapter to be invalid, that judgment shall not affect any other provision of this chapter not specifically included in the judgment. b. If a court of competent jurisdiction finds the application of any portion of this chapter to a particular land or structure invalid, that judgment shall not affect the application of the provision to any other land or structure not specifically included in the judgment. c. If a court of competent jurisdiction finds any individual condition of a conditional use permit invalid, that judgment shall not invalidate any other condition of the same conditional use permit not specifically included in such judgment nor shall it invalidate the application of the same condition in any other conditional use permit. (9) Jurisdiction and authority. This chapter is enacted under the authority granted to the city by state statutes. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be deemed to be incorporated § 10-22 PRIOR LAKE CODE CD10:14 into this chapter. This chapter governs the use of all land and structures in the city unless such regulation is specifically preempted by state or federal statutes or regulations. (10) Application. a. Minimum requirements. The provisions of this chapter are the minimum requirements for the promotion of the public health, safety, morals and general welfare. b. More restrictive applications. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other applicable law, ordinance, rule or statute of any kind, the law, the conditions which are most restrictive or which impose the higher or more restrictive standards or requirements shall control. (11) Mixed use. All regulations applicable to each use in a mixed use development shall be applicable, unless specifically stated otherwise in the approval. (12) Measurement. a. All measured distance expressed in feet shall be to the nearest tenth of a foot. The measurement of distances when required by this chapter shall be done in a straight line in the plane located at a point one foot above the highest point in the surface of the ground along the path of measurement, from the most exterior wall of a building containing the use to the property line of the adjacent street, district, or lot or other boundary line. If the use is not within a building, the measurement shall be the shortest distance from the location of the use to the property line of the adjacent street, district, or lot or other boundary line. b. For lots of record existing on the effective date of the ordinance from which this chapter is derived, if the parcel dimensions shown on the recorded plat are smaller than the dimensions shown on a current survey, the dimensions shown on the plat shall be accepted as correct for the purpose of determining lot width, lot depth, lot area and setbacks, provided that the dimensions on the survey have values equal to or greater than 99 percent of the dimensions shown on the plat. (Prior Code, § 1110.400) Sec. 10-23. Public hearings. (a) Public hearings shall be noticed, scheduled, held, and decided pursuant to applicable state statute, this chapter and city bylaws or if no such regulations apply as determined appropriate by the zoning administrator. If the public hearing is related to a specific application (CUP, variance, subdivision, vacation, etc.) the decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator. § 10-23ZONING CD10:15 (b) For applications within the shoreland and floodplain district, a notice of the decision must be sent to the commissioner of the department of natural resources within ten days of the date of the decision. (Prior Code, § 1110.500) Secs. 10-24—10-49. Reserved. DIVISION 2. DEFINITIONS Sec. 10-50. Terms defined. When the following words or terms are used in this chapter or chapter 9, they shall have such meanings herein ascribed to them, unless the term is defined more specifically in an applicable section or unless the context makes such meaning repugnant thereto: Abutting or adjoining means having a common border with or being separated from such a common border by an alley. Aisle or access aisle means the traveled way by which vehicles enter and depart parking spaces. Alley means a public right-of-way, with a width not exceeding 24 feet nor less than 12 feet, which affords a secondary means of access to property abutting the alley. Alteration means any change, addition, or modification in construction or occupancy of an existing structure or modification to the surface of the ground. Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, communication towers and equipment, satellite dishes, and omni- directional antennas, such as whip antennas. Automobile means a motor vehicle designed for use on the road, typically with four wheels, powered by an internal combustion engine or electric motor and able to carry a small number of people. Berm means a land alteration where fill is added to the surface of the ground in order to create an earthen mound or hill generally used in conjunction with walls, fences, or plant materials to screen or insulate one parcel of land from another or from a street. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or by a combination of the above with a river or lake. Block front means the distance between intersections along one side of a street. § 10-23 PRIOR LAKE CODE CD10:16 Bluff. (1) The term "bluff" means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics: a. Part or all of the feature is located in a shoreland area; b. The slope rises at least 25 feet above the ordinary high-water level of the water body; c. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-water level averages 30 percent or more; and d. The slope must drain toward the water body. (2) An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff. (3) Parts of a bluff include the following: Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff setback means the required setback from the top of bluff which is determined as follows: as measured from the top of bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18 percent. § 10-50ZONING CD10:17 Bluff, toe of, the means the lower point of a 50-foot segment with an average slope exceeding 18 percent. Bluff, top of the, means the highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30 percent. Boat house means a structure used solely for the storage of watercraft or watercraft equipment. Boat lift means a structure or device, with or without a boat lift canopy but without walls, that is designed to lift watercraft above the level of the public water or ground elevation when not in use. The term "boat lift" also includes rail systems or track systems extending from the land bed to the shore. Boat lift canopy means a structure or device no larger than 240 square feet in area with a fabric-covered roof that extends no more than 12 inches below the roofline and without walls or a floor that is attached to or an integral part of the boat lift or track system and is designed to shelter watercraft. Boat slip means an area of water adjacent to a dock or slip structure which is used for storage of one watercraft. Boulevard means that portion of a street right-of-way between the curbline and property line. Buffer means an area of natural, noninvasive, permanently undisturbed, vegetative ground cover adjoining and surrounding a wetland measured from the delineated edge of the wetland. Bufferyard means an area of land established to protect and screen one type of land use from another land use that is incompatible. Normally, the area is landscaped and kept in open space use. Screening techniques include the addition of vertical elements such as fences, walls, hedges, berms, or other features to mitigate the effects of incompatible land uses. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When separated by a party wall without openings, each portion so separated shall be deemed a separate building. The following parts and descriptions are used to describe buildings: Building basement or basement means that portion of the building having more than one-half of the ground floor-to-ceiling height below the average grade of the adjoining ground. Building façade or façade means the exterior wall of a building exposed to public view. Building face means that portion of the exterior wall of a structure which shall lie in a vertical plane. Any break in a building face shall be defined by an exterior angle of at least 210 degrees or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more. § 10-50 PRIOR LAKE CODE CD10:18 Building height means a distance to be measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public right-of-way to the top of the roofline of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. Building roofline or roofline means the lowest plane at which the external upper covering of a building begins. Building story or story means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. Building, accessory. See Structure, accessory. Building, principal, means the primary building on the lot as distinguished from an accessory structure. Carport means space for the housing or storage of motor vehicles and enclosed on not more than two sides. Channel means the natural or artificial depression of perceptible extent along a stream or drainageway with a definite bed and bank to confine and conduct flowing water either continuously or periodically. Civil engineer means a person licensed to practice civil engineering under Minn. Stats. §§ 326.02 to 326.15. Comprehensive plan means the group of maps, charts and texts that make up the comprehensive long-range plan of the city, including, but not limited to, the text of the comprehensive plan, the land use map, transportation plan and the capital improvements program. Concept plan means a concept plan or informal map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion with the city staff and classification within this chapter. § 10-50ZONING CD10:19 Curb level means the grade elevation as established by the city at the curb in front of the center of the building. Where no curb level has been established, the public works director shall determine a curb level or its equivalent for the purpose of this chapter. Deck means 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 extending 30 inches or more above ground at any point. Density means the number of dwelling units per net acre of land. Design standards means the specifications for the preparation of plats, both preliminary and final, indicating among other things the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. Developer means any person who undertakes to improve a parcel of land by platting, grading, installing utilities or constructing any building thereon. Development means all structures, land uses, and other modifications of the existing landscape above and below ground or water, on a single parcel, or on more than one parcel if covered by a single PUD or conditional use permit. Dimensional standards means numerical standards relating to spatial relationships, including, but not limited to, setback, lot area, frontage, and height. Discontinue or discontinuance means to cease a use or activity or to remove or fail to restore or replace a structure for any reason, usually for a set period of time, but excluding any time during routine seasonal closure and excluding remodeling where a valid building permit has been issued. Driveway means a private roadway providing access to a street. Dwelling or dwelling unit means a building or portion of a building occupied or intended to be occupied for residential accommodation which includes permanent cooking, sleeping and bathroom facilities arranged for use as living quarters for one family. The term "dwelling" does not include uses such as hotels, motels, hospitals, nursing homes, and bed and breakfasts. Easement means the grant of one or more of the property rights by the owner to, or for the use by, the public, a public utility, corporation, or another person or entity. Excavation means removal of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land. Family means one of the following: (1) Any group of people living together as a single housekeeping unit, all of whom are related by blood, marriage, or adoption, plus children who are under foster care. (2) Up to four unrelated people living together as a single housekeeping unit. § 10-50 PRIOR LAKE CODE CD10:20 (3) Any group of people living together as a single housekeeping unit, if no more than two adult members function as the heads of the household group and the remaining members are dependent upon them for care and direction due to age, physical disability, a mental incompetency or for other reasons. (4) Any individual who is the owner, living and maintaining a common household and using a common cooking and kitchen facility. Feedlot means 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 animals shall not be considered animal feedlots. Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Filling means the placement of sand, gravel, earth or other materials of any composition on a parcel of land. Filling is also referred to as land reclamation. Floor area means the sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines, basements, attics, penthouses and attached accessory buildings. Measurements shall be made from the inside of exterior walls and to the center of interior walls. For the purposes of determining off-street parking requirements, inside off-street parking or loading space is excluded from floor area. Parts of a floor area include: Floor area, customer, means that part of the floor area of a commercial establishment used by and accessible to the public, except public restrooms. Floor area, ground, means the part of the floor area of a building or buildings measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 12 feet in height. Floor area ratio (FAR) means the numerical value obtained by dividing the total floor area of a building, excluding the basement, by the lot area on which such building is located. § 10-50ZONING CD10:21 Forester means a person holding at least a bachelor of science degree in forestry from an accredited four-year college of forestry. Grade means the average elevation of the finished ground level at the midpoint of all walls of a building, or in, the case of signs, the average elevation of the finished ground level at the base of a sign. The term "grade" includes finished grade and mean ground level. Grading means excavating, filling or other changes in the earth's natural topography, including stockpiling of earth or land. Ground cover means plants, other than turfgrass, normally reaching an average maximum height of not more than 18 inches at maturity. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Holiday lights or décor means decorations, lights and displays which are clearly incidental to and customary and commonly associated with any national, local, or religious holiday. Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. For purposes of this chapter, impervious surfaces shall include, but not be limited to, rooftops; covered decks; decks or platforms with open joints with less than one-fourth-inch spacing; decks or platforms with an impervious surface beneath, including, but not limited to, under deck sheeting, concrete, asphalt, pavers, compressed or packed material, or more than one layer of landscape fabric or plastic; sidewalks greater than three feet in width; sidewalks three feet in width or less with less than three feet of pervious surface on both sides; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; areas beneath overhangs greater than two feet in width; bridges over surface waters and other similar surfaces as § 10-50 PRIOR LAKE CODE CD10:22 determined by the zoning administrator. The impervious surface of a lot shall be documented by a certificate of survey unless exempted from this requirement by the zoning administra- tor. Individual sewage treatment system means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Land means all solid ground. Land alteration means any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling, or other earth change which may result in: (1) Any alteration of land of more than one foot from the natural contour of the ground on any contiguous 450 square feet of ground where significant trees are present; or (2) Any cutting, removal or killing of more than 20 percent of the significant trees on any land within a period of five years. Land reclamation. See Filling. Land surveyor means a person licensed to practice land surveying under Minn. Stats. §§ 326.02 to 326.15. Land use or use means the purpose or activity maintained on the property or for which the property is designed, arranged or intended. Land uses include permitted uses (P), permitted accessory uses (AC), permitted uses with conditions (PWC), conditional uses (CU) and interim uses (IU). Land uses include the following types: Land use, accessory, means a land use on the lot which is subordinate to the principal use on the property. There must be a principal use on the lot in order for an accessory use to be allowed. § 10-50ZONING CD10:23 Land use, principal, means the primary land use on the lot as distinguished from an accessory use. Landing means an intermediate platform on a flight of stairs, the dimensions of which are dictated by the building code. Landscape architect means a person licensed by the state as a landscape architect. Level of service means the traffic capacity of an intersection or roadway based upon criteria established and published by the Institute of Traffic Engineers, as amended periodically. Lot means property or a parcel which meets the minimum lot width, depth, area and yard requirements of the zoning district in which it is located; which abuts a public street; and which is occupied, used or intended for occupancy or use as permitted by this chapter. The term "lot" also includes a lot of record. Lots include the following types: Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets, or a lot at a point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot, flag, means a large lot not meeting minimum lot width requirements and where access to the public road is by a narrow, private right-of-way or driveway. Lot, interior, means a lot other than a corner lot. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. Lot Types § 10-50 PRIOR LAKE CODE CD10:24 Lot area means the area of a lot in a horizontal plane bounded by the lot lines excluding major drainageways, wetlands, water bodies, and road rights-of-way. In the shoreland overlay district only land above the ordinary high-water level of a public water or above the 100-year water elevation of a wetland or pond may be used to meet the minimum lot area requirements. Lot area measurements include the following: Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot width means the horizontal distance between the side lot lines measured at the required front yard line. Lot line means the property line bounding a lot except that where any portion of a lot extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the lot line for applying the subdivision regulations and this chapter. Lot line, front, means that boundary of a lot which abuts a street. In the case of a corner lot, it shall be the shortest frontage on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the zoning administrator. If a lot has multiple sides on more than two street frontages, the front lot line shall be determined by the zoning administrator. Lot line, rear, means a lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. For a lot bounded by only three lot lines, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side, means a lot line which intersects with a front lot line. Lot of record means property or a parcel whether subdivided or described by metes and bounds for which a deed, auditor's subdivision, or registered land survey has been recorded in the office of the register of deeds or registrar of titles for the county prior to June 1, 2009. Manufactured home means as defined in Minn. Stats. § 327B.01. Model home means a dwelling constructed on a lot within a development used for sales and marketing of the development. Mooring facility means any area for the containment of watercraft that provides a fixed fastening for the craft, which is located in, on, above, or adjacent to the water intended for seven or more watercraft by docks, mooring buoys, or other means. Mulch means nonliving organic, synthetic and rock materials customarily used in landscape design to retard erosion and retain moisture. Native vegetation means any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by man are not native vegetation. § 10-50ZONING CD10:25 New construction means any construction of a new structure; or any total structural improvements to the exterior or interior of an existing structure that may require an electrical, plumbing, HVAC, or other zoning or building permit which exceed 50 percent of the fair market value of all the structures on the property. Nonconformity or nonconforming means a use, property or structure which does not conform to the requirements of this chapter for the zoning district in which it is located. Nonconformity, legal, or legally nonconforming means a use, property or structure which does not conform to the requirements of this chapter for the zoning district in which it is located but which lawfully existed at the time of passage of the portion of this chapter which makes the use, property or structure a nonconformity. Official controls means the adopted goals, policy statements, standards, requirements, programs, and maps for the city. Such controls include, but are not limited to, the comprehensive plan, this chapter, chapter 9, the capital improvements program, and any amendment to such plans or parts thereof. Opacity means the degree of openness to which light or views are blocked measured perpendicular to the fence for each fence section between supports. The lower percentage of opacity allows more light or view between fence materials. § 10-50 PRIOR LAKE CODE CD10:26 Ordinary high-water level means the boundary of water basins, watercourses, public waters, and public waters wetlands; and: (1) The ordinary high-water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; (2) For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel; (3) For reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool; and (4) For constructed stormwater BMPs, the ordinary high-water level is the operating elevation of the permanent pool, based upon the outlet elevation or outlet structure. Outlot means property or a parcel which is platted but not intended for immediate development. An outlot is not buildable and no building permit will be issued for an outlot. An outlot may be used as open space, transferred to the city for park or drainage uses, used as a private street or reserved for future phases of a development. Parcel. See Property. Parking space or parking stall means an area intended for the use of temporary parking of a motor vehicle which has a means of access to a public street. Pedestrian way or sidewalk means a public right-of-way or easement to provide access for pedestrian or bicycle use and which may be used for the installation of utility lines usually located at the side of a road or in a park. The term "pedestrian way" includes, but is not limited to, trails and sidewalks. Performance standards means specified criteria and limitations which are placed on development which are intended to protect the public health, safety, or welfare. Plat means a map of a subdivision showing the boundaries and location of individual lots, outlots, easements, streets and other rights-of-way. The term "plat" includes the following types: Plat, CIC, means a common interest community plat as described and defined by Minn. Stats. ch. 515B. Plat, final, means a map of all or, in the case of a phased or staged development, a portion of a subdivision presented to the city council for final approval. Plat, preliminary, means a map indicating the proposed layout of the subdivision submitted to the city council for preliminary approval. Replat means the subdivision of land in accordance with the subdivision regulations which has previously been platted and which is of record with the county pursuant to Minn. Stats. ch. 505. § 10-50ZONING CD10:27 Platform means a flat, floored, roofless area detached from a house with a finished floor elevation less than 30 inches above the natural grade around the perimeter of the platform. Playfield means an outdoor facility developed as a baseball diamond, softball diamond, soccer field, football field, tennis court, pickleball court or other surface for conducting outdoor recreational activities. Proof of parking means a method by which an area of the lot is set aside for possible future parking needs but is not paved or striped for current parking. An area set aside for proof of parking cannot include areas of the lot required for other uses by this chapter, including, but not limited to, yards, setbacks and bufferyards. Property or parcel means a legally described piece of land, whether platted lot or outlot or land described by metes and bounds, along with everything on the land, including, but not limited to, structures, parking lots, landscaping, lighting, and signs. Property line means the legally described line bounding a piece of property except that where any portion of a property extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the property line for applying the subdivision regulations and chapter. Property owner means legal owner of property as officially recorded by the county. Protective covenant means a recorded contract made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Public improvement means any facility for which the city may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established. The term "public improvement" includes, but is not limited to, roads, sidewalks, trails, parks and utilities. Public waters means as defined in Minn. Stats. § 103G.005. Public works design manual (PWDM) means a manual adopted by the city for developers, builders and their engineers as well as city engineers and consulting engineering personnel regulating and identifying the minimum standards for the design, construction and connection to public infrastructure facilities within the city. Recreational equipment or recreational vehicles means equipment and/or motor vehicles used primarily for recreation, including, but not limited to, boats, boat trailers, boat lifts and rail systems, general purpose trailers, recreational campers, self-contained motorhomes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles. Recyclable materials means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, metals, automobile oil, batteries and other specifically allowed items. Refuse-derived material or other material that is destroyed by incineration is not a recyclable material. § 10-50 PRIOR LAKE CODE CD10:28 Redevelopment district means the area within the city limits identified by Resolution No. 85-11 or any subsequent resolution or amendments thereto. This area is also referred to as Municipal Development District #1 and is commonly known as Downtown Prior Lake. Remodel means any improvement to the exterior or interior of an existing structure that may require an electrical, plumbing, HVAC, or other zoning or building permit. The cost of a structural remodel shall not exceed 50 percent of the fair market value of the structures on the property (for construction exceeding the 50 percent fair market value, see New construction). Retaining wall means a wall or terraced combination of walls used to provide barrier or restrain lateral forces of soil or other material and not used to support, provide a foundation for, or provide a wall for a building or structure. Right-of-way means an area or strip of land, either public or private, acquired by dedication, easement, deed, reservation, prescription or condemnation, occupied or intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission line or other similar use and on which a right-of-passage has been recorded for the use of pedestrians and vehicles, including trains or pedestrians or both. Riparian means land abutting a protected water identified in section 10-434(a). Sales trailer means a temporary structure within a residential development project for use as a sales or rental office for the units on the same site which is removed at buildout of the project, or when a model home is constructed, or by other terms prescribed by the city. Screen or screening means a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof. Service stall or service bay means the area within a motor fuel station or auto repair facility of adequate size to service one motor vehicle. A service stall shall have a maximum floor area of 400 square feet. Setback means the minimum distance which a structure must be located from right-of- way, lot lines, property lines, waters, wetlands, or any other place which is deemed to need protection. Shore impact zone means land located between the ordinary high-water level of public water and a line parallel to it at a setback of 50 percent of the structure setback. Shoreland means land located within the following distances from protected waters: (1) 1,000 feet from the ordinary high-water level of a lake, pond, or flowage; and (2) 300 feet from a river or stream or the landward extent of a floodplain on such rivers or streams, whichever is greater. § 10-50ZONING CD10:29 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 city's land use map. Shrub means a self-supporting woody perennial plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground. A shrub may be deciduous or evergreen and usually not more than ten feet in height at its maturity. Sidewalk. See Pedestrian way. Sign means any written or graphic announcement, declaration, demonstration, display, illustration, insignia, illumination, or message-bearing device used to advertise or promote the interest of any person when the same is displayed or placed out-of-doors in the view of the general public, on a pylon, exterior wall or building surface, or inside of a building within three feet of a transparent window. A sign shall be considered to be a structure or a part of a structure for the purpose of applying yard and height regulations. Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Steep slopes means 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 chapter. Where specific information is not available, steep slopes are lands having average slopes over 20 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Street means a public or private thoroughfare which is used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified as follows: Street, local, means a roadway typically having lowest traffic volumes, containing one lane of traffic in each direction, with the primary function to provide access to and from property. Street, major collector, or major collector means a roadway containing one or two lanes of traffic in each direction with controlled intersections, with the function to serve long trips within the city and access to and from minor and principal arterials. Street, minor arterial, or minor arterial means an interregional road containing two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs, or other urban centers and are used to reduce the number of trips on the regional system. Efficient movement is the primary function of a minor arterial road. Street, minor collector, or minor collector means a roadway containing one lane of traffic in each direction with the primary function to provide access to and from neighborhoods and the local street system. § 10-50 PRIOR LAKE CODE CD10:30 Street, principal arterial, or principal arterial means a limited access interregional arterial route containing two or more lanes in each direction. Principal arterials are designed exclusively for unrestricted movement, have no private access, and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement. Structure means anything constructed or erected, the use of which requires a location on the ground or attachment to something having a location on the ground. Structures include, but are not limited to, buildings, signs, billboards, towers/fences greater than seven feet in height, pavilions, gazebos, pergolas, trellises, retaining walls four feet in height or greater, and swimming pools. Structure, accessory. See Accessory structure in article III, division 3 of this chapter. Structure, principal. See Building, principal. Subdivider means any person who commences or maintains proceedings to subdivide property under the subdivision regulations. Subdivision means the division of an area, lot, parcel, property or tract of land into two or more parcels, tracts, lots or long-term leasehold interests by any means, including, but not limited to, preliminary and final plats, CIC plats registered land surveys, administrative subdivisions and conveyance by metes and bounds. Tree means a self-supporting woody perennial plant having one or several self-supporting stems or trunks and numerous branches which normally attains an overall height of at least 15 feet at maturity. Trees may be classified, described, and measured as follows: Tree caliper inch or caliper inch means a unit of measurement describing the diameter of a tree measured 4.5 feet above the finished grade level. Street Classifications § 10-50ZONING CD10:31 Tree canopy means the horizontal extension of a tree's branches in all directions from its trunk. Tree diameter at breast height (DBH) or diameter at breast height means the diameter of a tree measured at a height of 4 feet from the ground level. Tree dripline or dripline means the farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree. Tree root zone or root zone means the area under a tree which is at or within the dripline of a tree. Tree, canopy, means a deciduous tree planted primarily for its high crown of foliage or overhead canopy. Tree, coniferous, means a woody plant having foliage on the outermost portion of the branches year round. Tree, deciduous, means a woody plant having a defined crown and which loses leaves annually. Tree, evergreen, or evergreen means a plant with foliage that persists and remains green year round. Tree, heritage, means any tree which has been determined to be of high value because of its species, size, age, and other specific criteria as listed in section 10-728. Tree, ornamental, means any tree planted primarily for its ornamental value or for screening purposes and which tends to be smaller at maturity than canopy trees. Tree, significant, means a deciduous tree measuring six caliper inches DBH or more in diameter or a coniferous tree measuring 12 feet or more in height. Usable open space means a required ground area or terrace on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all person occupying a dwelling unit or a rooming unit on the lot and their guests. Usable open space has a minimum dimension of 30 feet. Roofs, driveways and parking areas do not constitute usable open space. Use. See Land use. Use district. See Zoning district. Variance means the modification of a chapter requirement as it applies to specific property or structures. Vehicle or motor vehicle means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, motorcycles, and trucks. The term "motor vehicle" does not include any item defined as recreational equipment in this chapter or electric personal assistive mobility devices. § 10-50 PRIOR LAKE CODE CD10:32 Vehicle, commercial motor, means a motor vehicle greater than eight feet in height or greater than 22 feet in length, including, but not limited to, ambulances, boom trucks, box trucks, cargo trucks, dump trucks, farm implements, fire trucks, food trucks, hearses, limousines, semitractors or semitractor trailers, stake trucks, tank trucks and tow trucks. Water-oriented accessory structure means a building of 120 square feet or less located on lakeshore parcels, 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 level (OHWL) than the normal structural setback requirement. Examples of such structures include structures used to store boating accessories and equipment, gazebos, pergolas, trellises, pavilions, and screen houses. The building shall not have a water or sewer connection. Watercraft means any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or usable for carrying and transporting persons on public waters. Watercraft, restricted, means watercraft for use on or stored on the public waters except for the following: (1) Watercraft 16 feet or less in length which uses no motor or a motor of ten horsepower or less; and (2) Watercraft 20 feet or less in length which uses no motor and is propelled solely by human power. Wetland means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence of such vegetation. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. The yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the dimensional standards or setbacks for the district in which the lot is located. Types of yards include the following: Yard, front, means an area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a distance as specified in the required yard regulations for the district in which such lot is located. For lakeshore property, the front yard shall be considered that part of the lot located between the road and the nearest parallel line drawn across the front of the principal building or the minimum front yard setback. § 10-50ZONING CD10:33 Yard, rear, means an area which extends along the full width of the rear lot line between the side lot lines and toward the front lot line a distance as specified in the required yard regulations for the district in which the lot is located. Where the lot is a corner lot, the rear yard shall be the area between the interior side lot line and the side yard abutting a street extending toward the front yard a distance as specified in the required yard regulations for the district in which the lot is located. Yard, side, means an area extending along a side lot line between front and rear yards having a width as specified in the required yard regulations for the district in which the lot is located. Yard, side, abutting a street, means a yard adjacent to a street which extends along a side lot line between the front yard and rear property line. For the purposes of determining the required setbacks, a side yard abutting a street is identified as a front yard in the dimensional standards of the use district in which the yard is located. Yard sale means a sale of assorted secondhand objects conducted by the property owner or occupant on their premises for a short period of time. Yard sales, also known as garage sales, rummage sales, or estate sales, are not the primary use of the property or the primary occupation of the property owner or occupant. Types of Yards § 10-50 PRIOR LAKE CODE CD10:34 Zoning administrator means the individual authorized to administer the regulations of this chapter. Zoning district or use district means an area designated for certain land uses and subject to uniform regulations and requirements governing the placement, spacing, and size of the land and structures. Zoning districts include agriculture (A), rural subdivision (R-S), low-density residential (R-1), medium-density residential (R-2), high-density residential (R-3), town center (TC), transitional town center (TC-T), neighborhood business (C-1), general business (C-2), business park (C-3), and general industrial (I-1). Zoning map means the maps which are a part of this chapter and delineate the boundaries of the use districts. (Prior Code, § 1111.100; Ord. No. 122-09, 8-13-2022) Secs. 10-51—10-73. Reserved. DIVISION 3. OFFICIAL MAPS Sec. 10-74. Purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which would have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before invest- ments are made which will make such adjustments difficult to accomplish. It is the purpose of this division to provide a uniform procedure for the proper use of official maps as authorized by the state Municipal Planning Act, Minn. Stats. §§ 462.351 to 462.36. (Prior Code, § 1112.100) Sec. 10-75. Official map defined. The term "official map," as used in this chapter, means a map adopted in accordance with this division and with Minn. Stats. § 462.359 which may show existing and proposed future streets, roads and highways. An official map may also show the location of existing and future public land and facilities within the city. An official map may cover the entire city or any portion of the city. (Prior Code, § 1112.200) Sec. 10-76. Proceedings. (a) Initiation. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: (1) A recommendation of the planning commission; or § 10-76ZONING CD10:35 (2) Action by the city council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body. (b) Sketch maps and reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. (c) Reference to planning commission. Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 45 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council or the planning commission within 45 days after reference of the proposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. (d) Notice and hearing. (1) Notice. Upon receiving the recommendation of the planning commission or after 45 days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place and purpose of the hearing and a description of the property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten days prior to the date of the hearing. At least ten days prior to the hearing, the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (2) Hearing. At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued, from time to time, without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. (Prior Code, § 1112.300) Sec. 10-77. Preparation and filing of maps. The official maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment § 10-76 PRIOR LAKE CODE CD10:36 of any ordinance adopting an official map or amending or repealing a pervious office map ordinance, a certified copy of the official map or section to which the ordinance relates, together with an attached copy of the ordinance, shall be filed with the county recorder. (Prior Code, § 1112.400) Sec. 10-78. Effect; appeals. (a) Effect. After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this division. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map for street or other public purposes. When any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. (b) Appeals. (1) When a building permit is denied pursuant to this division, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: a. That the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; or b. That, balancing the interest of the city in preserving the integrity of the official map and the comprehensive plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. (2) The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute § 10-78ZONING CD10:37 proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Prior Code, § 1112.500) Secs. 10-79—10-99. Reserved. DIVISION 4. SIGNAGE FOR FACILITIES OF REGIONAL SIGNIFICANCE Sec. 10-100. Purpose. The purpose of this division is to establish standards to encourage the effective use of off-premises signs as a means of directing vehicular and pedestrian traffic to facilities of regional significance. (Prior Code, § 1113.100) Sec. 10-101. Findings. (a) The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the city that the construction, location, size and maintenance of off-premises directional signs for facilities of regional significance be controlled. (b) As facilities of regional significance develop within the city, residents and visitors to the city should be able to locate and gain access to these facilities easily and safely. (c) The safety of motorists, cyclists, pedestrians and other users of public streets and property are affected by the number, size, location and appearance of signs that unduly divert the attention of drivers. (Prior Code, § 1113.200) Sec. 10-102. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Facility of regional significance means a facility that has directional signage on an interstate or state highway, generates 2,500 vehicle trips per day, is located on land owned by a governmental unit other than public right-of-way, and is located within the city corporate limits. Off-premises directional sign means a sign erected on private property for the purpose of directing vehicular and pedestrian traffic to a facility of regional significance not located on the premises in which the sign is located. A billboard sign is not an off-premises directional sign. (Prior Code, § 1113.300) § 10-78 PRIOR LAKE CODE CD10:38 Sec. 10-103. Performance standards. (a) Location. Signage shall be erected on property located in a commercial land use designation on the comprehensive plan land use plan map or commercial use district on the zoning map. (b) Off-premises directional sign permitted. One off-premises directional sign is permitted within a two-mile radius of the property on which the facility of regional significance is located. (c) Sign area. Signage shall not exceed 20 feet in height and 144 square feet in area per side. (d) Architectural materials. Signage shall be installed on a base foundation constructed of masonry materials, such as brick, stone, or color-impregnated decorative block. (e) Illumination. Signage shall be internally illuminated. External illumination directed away from the sign face or into the air (e.g., spotlights, light beams, etc.) is prohibited. (f) Setbacks. Signage shall be located at least ten feet from any property line. The sign may not be located within a traffic visibility area as defined in section 10-730. (g) Glare. Reflected glare or spill light from the sign shall not exceed 0.5 footcandle when the source abuts any residential parcel or 1.0 footcandle at any public right-of-way measured at one foot above the ground. (h) Separation of signs. Off-premises directional signs for facilities of regional significance shall be located at least 40 feet from another permanent sign as regulated by section 10-790. (Prior Code, § 1113.400) Sec. 10-104. Sign permit requirements. (a) Generally. Before a sign requiring a permit under the provisions of this division is placed, constructed, erected, modified, or relocated, the property owner or designee shall secure a sign permit from the zoning administrator. The property owner shall maintain a sign permit for all signs on the property. A licensed electrician shall wire any sign involving electrical components. A building permit may be required in cases where the International Building Code warrants it. (b) Application. Application for a sign permit shall be made in writing upon forms furnished by the city. The application shall contain the following information: (1) Name, address and telephone number of the property owner, sign owner and installer. (2) Address and legal description of the property where the sign is proposed to be located. (3) The sign plan information required in section 10-105. (4) Other pertinent information as may be required by the zoning administrator. § 10-104ZONING CD10:39 The permit application shall be signed by the applicant, and, when the applicant is any person other than the owner of the property, the application shall also be signed by the property owner. (Prior Code, § 1113.500) Sec. 10-105. Sign plan requirements. No sign permit shall be issued until a sign plan for the entire property or building on which the sign will be erected has been approved by the zoning administrator. The purpose of the sign plan is to provide accurate information for the city to determine compliance with the requirements of this chapter. The sign plan shall include: (1) An accurate survey or site plan of the property at such scale as the zoning administrator shall reasonably require. The zoning administrator may also require the applicant locate lot corners on the site to verify the sign location. (2) Area calculations for each exterior elevation of the building, total building area, and the proposed location of signs on each exterior wall elevation. (3) An accurate indication on the survey or site plan of the location, area, and dimensions of each existing wall and freestanding sign and proposed future sign of any type, whether requiring a permit or not. (4) Lettering or graphic style, lighting, location of each sign on the building, materials and sign proportions. (5) A duplicate copy of the sign information that the property owner will provide to all tenants with the approved plan. (6) Plans, specifications, and method of construction or attachment to the building or in the grounds, including all dimensions, showing all light sources, illumination levels, type and color lights, and details of any light shield or shades. (Prior Code, § 1113.600) Sec. 10-106. Maintenance. (a) All signs shall be maintained in a safe, presentable and sound structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and the like. (b) Any sign that the city finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the property on which the sign is located. (Prior Code, § 1113.700) Sec. 10-107. Lapse of sign permit. A sign permit shall lapse automatically if the business related to the sign is discontinued for a period of one year. If the sign is not removed or a new permit for a sign allowed by this § 10-104 PRIOR LAKE CODE CD10:40 division has not been issued within 30 days of notice of permit expiration, the city may have the sign removed and assess costs back to the property as provided by Minn. Stats. ch. 429. (Prior Code, § 1113.800) Sec. 10-108. Cancellation. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit approval. A permit may be renewed one time for an additional six months and no additional fee shall be collected for the renewal. This clause does not apply to temporary or conditional sign permits. (Prior Code, § 1113.900) Sec. 10-109. Removal of signs. (a) If the city finds that any sign, temporary or permanent, or other structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this division, the zoning administrator shall give written notice to the holder of the permit. The holder of the permit shall remove or alter the structure so as to comply with the standards required by this division and indicated by the zoning administrator within seven days after issuance of such notice. If after receiving the notice such person fails to remove or alter the sign so as to comply with the provisions of this division, such sign shall be deemed to be a nuisance and may be abated by the city by proceedings taken under Minn. Stats. ch. 429 and the cost of abatement, including administration expenses and reasonable attorney fees, may be levied as a special assessment against the property upon which the sign is located. (b) The city may cause any sign or sign structure that is an immediate public hazard to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. (c) Notice of violation will be sent by certified mail to the property owner and, if applicable, to the person to whom the permit is issued. (Prior Code, § 1113.1000) Secs. 10-110—10-131. Reserved. ARTICLE III. USE DISTRICTS DIVISION 1. GENERALLY Secs. 10-132—10-160. Reserved. § 10-160ZONING CD10:41 DIVISION 2. DISTRICTS AND MAPS Sec. 10-161. Districts established. (a) Generally. All land within the city limits shall be assigned to one of the following zoning districts: (1) A Agricultural. The purpose of the A zoning district is to protect existing agricultural investments until such time as public utilities may be extended and there is a need for additional urban development. It is also intended to provide for larger lots to ensure that the feasibility of future urban development is not compromised. (2) R-S Rural Subdivision Residential. The purpose of the R-S zoning district is to provide suitable areas for large lot development outside of the metropolitan urban service area identified on the comprehensive plan. The emphasis in these areas is on single-family residential development. The zoning district provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood. (3) R-1 Low Density Residential. The purpose of the R-1 zoning district is to provide areas where the emphasis is on single-family residential development. The zoning district provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood. (4) R-2 Medium Density Residential. The purpose of the R-2 zoning district is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall to medium density. (5) R-3 High Density Residential. The purpose of the R-3 zoning district is to provide for multifamily residential uses of the highest intensity, along with supportive uses of similar intensity. (6) TC Town Center. The purpose of the TC zoning district is to provide for a variety of commercial and residential uses within the framework of a traditional downtown area. The district also contemplates and provides for pedestrian circulation, urban and civic design and the creative reuse of existing buildings. The town center district is designed to express the city's commitment to maintain and enhance the vitality of the downtown area by establishing minimum criteria for the development and redevelopment of commercial, residential and public buildings while promoting amenities intended to attract business, residents and visitors. Specific objectives include: a. To improve the visual quality of downtown. b. To reinforce the physical character of downtown by focusing on the design context. c. To expand the employment base and number of residents living downtown. § 10-161 PRIOR LAKE CODE CD10:42 d. To preserve and reuse existing buildings and establish standards for the construction of new ones. e. To accommodate and promote commercial, residential, educational, cultural and governmental uses within the downtown area. f. To establish clear development and redevelopment guidelines. (7) TC-T Transitional Town Center. The purpose of the TC-T zoning district is to provide a special designation for the fringe areas of the historical and recognized downtown business area. Eventually redevelopment, stimulated in part by available city programs, should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the town center. New development and redevelopment in the TC-T zoning district will only be permitted if it conforms to the uses allowed in the TC zoning district. (8) C-1 Neighborhood Business. The C-1 zoning district permits low intensity, service- oriented commercial uses that support the surrounding residential neighborhoods. Limits will be placed on the type, size and intensity of commercial uses in this district to ensure and protect compatibility with adjacent residential areas. (9) C-2 General Business. The purpose of the C-2 zoning district is to: a. Allow the concentration of general commercial development for the convenience of the public and for mutually beneficial relationship of commercial develop- ment in those areas located away from residential areas designated by the comprehensive plan; b. Provide space for community facilities and institutions that appropriately may be located in commercial areas; c. Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; d. Minimize traffic congestion; and e. Carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts. (10) C-3 Business Park. The purpose of the C-3 zoning district is to promote high standards of design and construction for business park uses in the city. These standards are set forth in order to enhance the visual appearance of each C-3 zoning district within the city, to preserve the taxable value of property and to promote the public health, safety and welfare. (11) I-1 General Industrial. The purpose of the I-1 zoning district is to provide areas of the city which will allow general industrial uses which, due to their size and nature, would not conform to the C-3 zoning district. (b) Interpretation of R-S, R-1, R-2 and R-3 districts as residential. For purposes of this chapter, R-S, R-1, R-2, and R-3 are considered residential zoning districts. (Prior Code, § 1120.100) § 10-161ZONING CD10:43 Sec. 10-162. Zoning map. The boundaries of the zoning districts listed in section 10-161 are shown on the zoning map. The map and all amendments shall be maintained in the offices of the community development department. The map shall be referred to in this chapter as the zoning map or map. The map and all of the notations, references and other information shown on it are made a part of this chapter by reference and shall have the same force and effect as if fully set forth in this chapter. (Prior Code, § 1120.200; Ord. No. 122-02, 5-14-2022; Ord. No. 122-03, 5-28-2022) Sec. 10-163. Official maps. Minn. Stats. § 462.359 provides a procedure and the proper use of official maps which identify land needed for future public uses. The city has not adopted an official map but reserves the right to do so in the future pursuant to Minn. Stats. § 462.359. (Prior Code, § 1120.300) Sec. 10-164. Zoning district boundaries. (a) Land uses. Zoning district boundary lines indicated on the zoning map are intended to follow lot lines, the centerlines of streets or alleys, including centerlines as projected, railroad right-of-way lines, the center of watercourses, or the corporate limit lines as they exist upon the effective date of the ordinance from which this chapter is derived. If zoning district boundary lines do not follow any of the above-described lines, the zoning administra- tor shall determine the location of the line by from the official copy of the zoning map. (b) Lot of record. Where a zoning district boundary line divides a lot of record which was in single ownership at the time of enactment of the ordinance from which this chapter is derived and places portions of such lot of record in two or more zoning districts, any portion of such lot within 50 feet on either side of dividing district boundary line may be used for any use permitted in either zoning district. If the lot is wider than the 50-foot limitation, the zoning district line as shown shall prevail. (c) Structure. If a zoning district boundary line passes through a structure, the boundary line shall be adjusted so that the line falls outside of the structure at a location most compatible with the purpose and intent of this chapter. (Prior Code, § 1120.400) Sec. 10-165. Designation of annexed property. (a) Zoning of land. Land areas which may be added to the city by annexation, merger, or other means shall be classified as R-1 (low density residential) on the zoning map upon annexation. § 10-162 PRIOR LAKE CODE CD10:44 (b) Floodway and floodplain. Property which is annexed to the city by any means or process and which is located within a designated special flood hazard area inundated by the 100-year flood on the adopted flood insurance rate map for Scott County, Minnesota, dated February 19, 1987, and any amendment thereto, shall be designated as floodplain and shall be subject to the floodplain overlay district. (c) Shoreland district. Property which is annexed to the city by any means or process and which is located within 1,000 feet of the ordinary high-water level of a lake, pond or flowage, or within 300 feet from a river or stream or the landward extent of a floodplain on such rivers or streams, whichever is greater, shall be designated as shoreland and shall be subject to the shoreland overlay district. (Prior Code, § 1120.500) Secs. 10-166—10-184. Reserved. § 10-184ZONING CD10:45 DI V I S I O N 3 . L A N D U S E G E N E R A L L Y Se c . 1 0 - 1 8 5 . L a n d u s e t a b l e . Th e f o l l o w i n g t a b l e l i s t s r e g u l a t e d u s e s a n d t h e i r c o r r e s p o nd i n g p e r m i s s i b i l i t y i n e a c h z o n i n g u s e d i s t r i c t o f t h e c i t y : P = P e r m i t t e d u s e PW C = P e r m i t t e d u s e w i t h c o n d i t i o n s CU = C o n d i t i o n a l u s e AC = A c c e s s o r y u s e IU = I n t e r i m u s e Lo t U s e D e s c r i p t i o n Zo n i n g U s e D i s t r i c t A R - S R - 1 R - 2 R - 3 T C T C - T C - 1 C - 2 C - 3 I - 1 Ac c e s s o r y a p a r t m e n t P W C P W C P W C P W C P W C P W C Ac c e s s o r y s t r u c t u r e A C A C A C A C A C A C A C A C Ad u l t u s e s C U CU C U C U Ag r i c u l t u r e a n d f o r e s t r y P W C P W C An i m a l h a n d l i n g C U CU C U C U Ap p l i a n c e a n d s m a l l e n g i n e r e p a i r PW C P W C P W C P W C Au t o b o d y / p a i n t i n g CU P W C Ba n k PW C P P Be d a n d b r e a k f a s t e s t a b l i s h m e n t P W C P W C P W C P W C P W C P W C P W C Bi c y c l e s a l e s a n d r e p a i r P P P P Bo a r d e r s , k e e p i n g o f A C A C A C A C A C A C Bo a t s l i p , c i t y P P P P P P P P P Bo a t s l i p , p e r s o n a l P P P P P P P P P Br e w p u b P C U C U C U Br e w e r t a p r o o m P C U C U C U Bu i l d i n g i m p r o v e m e n t t r a d e s PW C P W C Bu s i n e s s s e r v i c e s CU P P Ca r w a s h CU C U C U C U Ce m e t e r i e s P P P P P Cl u s t e r h o u s i n g CU C U § 10-185 PRIOR LAKE CODE CD10:46 Lo t U s e D e s c r i p t i o n Zo n i n g U s e D i s t r i c t A R - S R - 1 R - 2 R - 3 T C T C - T C - 1 C - 2 C - 3 I - 1 Co c k t a i l r o o m P C U C U C U Co m m u n i t y c e n t e r s PW C P W C P W C P W C P W C Co n t r a c t o r y a r d PW C Co n t r o l l e d a c c e s s l o t CU C U Co n v e n t i o n a n d e x h i b i t i o n c e n t e r CU C U Da t a c e n t e r P P Da y c a r e , f a m i l y ( i n c l u d e s f a m i l y da y c a r e a n d g r o u p f a m i l y d a y c a r e as d e f i n e d b y s t a t e s t a t u t e ) AC A C A C P W C P W C P W C Da y c a r e , c o m m e r c i a l ( i n c l u d e s c h i l d ca r e p r o g r a m s a s d e f i n e d b y s t a t e st a t u t e ) PW C P W C P W C P W C P W C P W C P W C P W C De d i c a t e d w a t e r f r o n t PW C Dr y c l e a n i n g PW C P W C P W C Dw e l l i n g , m u l t i f a m i l y P P Dw e l l i n g , s i n g l e - f a m i l y a t t a c h e d : ro w h o m e P P Dw e l l i n g , s i n g l e - f a m i l y a t t a c h e d : tw i n h o m e P P Dw e l l i n g , s i n g l e - f a m i l y d e t a c h e d P P P P El e c t r i c a l u t i l i t y s u b s t a t i o n s C U C U CU C U C U C U C U Ex c l u s i v e l i q u o r s t o r e P P P Ex p a n s i o n o f n o n c o n f o r m i n g u s e i n to w n c e n t e r CU Fr e i g h t t e r m i n a l P Fu n e r a l h o m e P P Go l f c o u r s e C U C U C U C U C U Gu n r a n g e , i n d o o r CU C U He a v y e q u i p m e n t a n d s p e c i a l i z e d ve h i c l e s a l e , r e n t a l a n d s e r v i c e PW C Ho m e o c c u p a t i o n s A C A C A C A C A C A C Ho s p i t a l PW C P W C Ho t e l / m o t e l PW C P W C P W C § 10-185ZONING CD10:47 Lo t U s e D e s c r i p t i o n Zo n i n g U s e D i s t r i c t A R - S R - 1 R - 2 R - 3 T C T C - T C - 1 C - 2 C - 3 I - 1 Li b r a r y P P Ma n u f a c t u r i n g / p r o c e s s i n g P P Ma r i n a , c o m m e r c i a l CU CU Ma r i n a , r e c r e a t i o n a l CU CU Me d i c a l / d e n t a l l a b o r a t o r i e s PW C P W C P W C Me d i c a l / d e n t a l o f f i c e P P P P Mi c r o d i s t i l l e r y P C U C U C U Mi n i n g C U Mo t o r f u e l s t a t i o n s CU C U Mo t o r v e h i c l e s a l e s CU C U Mo t o r v e h i c l e s e r v i c e a n d r e p a i r PW C P W C P W C Nu r s e r i e s a n d g r e e n h o u s e s P CU Nu r s i n g h o m e PW C P W C PW C Of f i c e P P P P P Ou t d o o r s a l e s / d i s p l a y PW C P W C P W C P W C Ou t d o o r s e a t i n g PW C P W C P W C Ou t d o o r s t o r a g e , C l a s s I PW C P W C Ou t d o o r s t o r a g e , C l a s s I I CU C U Pa r k i n g l o t , f r e e s t a n d i n g C U C U C U C U C U Pa r k i n g l o t , o n - s i t e CU C U C U P W C P W C P P P P Pa r k i n g r a m p PW C AC Pa r k s / o p e n s p a c e P P P P P P P P P P P Pl a c e o f a s s e m b l y P P W C P W C P W C P W C Po l e b u i l d i n g A C CU Po l i c e / f i r e s t a t i o n s / a m b u l a n c e PW C P W C P W C P W C P W C Pr i n t i n g p r o c e s s P P Pr i v a t e e n t e r t a i n m e n t , i n d o o r PW C P W C P W C P W C Pr i v a t e e n t e r t a i n m e n t , o u t d o o r C U Pu b l i c s e r v i c e s t r u c t u r e P W C P W C P W C P W C P W C P W C P W C P W C P W C P W C Ra d i o t r a n s m i t t e r s , m i c r o w a v e a n d co m m u n i c a t i o n t o w e r s PW C P W C P W C P W C P W C P W C P W C P W C P W C P W C P W C § 10-185 PRIOR LAKE CODE CD10:48 Lo t U s e D e s c r i p t i o n Zo n i n g U s e D i s t r i c t A R - S R - 1 R - 2 R - 3 T C T C - T C - 1 C - 2 C - 3 I - 1 Re c r e a t i o n a l d o m e CU C U C U CU Re c y c l i n g c e n t e r P Re s e a r c h a n d t e s t i n g l a b o r a t o r i e s P P Re s t a u r a n t s a n d c l u b s / l o d g e s PW C P W C P W C Re t a i l P P P Sc h o o l , p r e - K — 1 2 P W C P W C P W C P W C Sc h o o l , b u s i n e s s / t r a d e P P Se l f - s e r v i c e s t o r a g e f a c i l i t y CU P W C Se n i o r h o u s i n g PW C P W C Se n i o r h o u s i n g w i t h s e r v i c e s es t a b l i s h m e n t PW C P W C PW C Se r v i c e P P P Sh o p p i n g c e n t e r PW C P W C P W C Sh o p p i n g c e n t e r o v e r 1 5 0 , 0 0 0 s f CU Sh o w r o o m P P P P Sm a l l b r e w e r P C U C U C U St a b l e , c o m m e r c i a l C U St a b l e , p r i v a t e P St a t e - l i c e n s e d r e s i d e n t i a l f a c i l i t y P W C P W C P W C P W C P W C St a t e - l i c e n s e d n o n r e s i d e n t i a l f a c i l - it y PW C P W C St u d i o P P P P Te m p o r a r y a g r i c u l t u r a l c o m m o d i - ti e s PW C PW C P W C P W C P W C Te m p o r a r y c o n s t r u c t i o n s t r u c t u r e P W C P W C P W C P W C P W C P W C P W C PW C P W C P W C P W C Te m p o r a r y o n - s i t e e q u i p m e n t a n d ma t e r i a l s t o r a g e PW C P W C P W C P W C P W C P W C P W C P W C P W C P W C P W C Te m p o r a r y o u t d o o r s a l e s PW C P W C PW C Te m p o r a r y p o l l u t i o n a b a t e m e n t st r u c t u r e s a n d e q u i p m e n t PW C P W C P W C P W C P W C P W C P W C P W C P W C P W C P W C Te m p o r a r y s a l e s t r a i l e r s P W C P W C P W C Te m p o r a r y s e a s o n a l s t r u c t u r e s o r te m p o r a r y s e a s o n a l c a b i n s PW C P W C P W C P W C PW C P W C P W C P W C § 10-185ZONING CD10:49 Lo t U s e D e s c r i p t i o n Zo n i n g U s e D i s t r i c t A R - S R - 1 R - 2 R - 3 T C T C - T C - 1 C - 2 C - 3 I - 1 Tr a n s p o r t a t i o n f a c i l i t y PW C Wa r e h o u s e / s t o r a g e / d i s t r i b u t i o n P P Wa s t e h a u l e r PW C Wh o l e s a l e PW C P Wi n d g e n e r a t o r s CU (P r i o r C o d e , § 1 1 2 1 ; O r d . N o . 1 2 2 - 0 1 , 4 - 2 - 2 0 2 2 ) § 10-185 PRIOR LAKE CODE CD10:50 Sec. 10-186. General provisions. (a) Land uses. The only uses which can be made of land or structures are those uses listed in the land use table and defined in this article. If there is a conflict between the land use table and this article, then this article governs. (b) Land uses not listed. Any land use which is not listed in this article is specifically prohibited. Any person seeking to establish whether a use which is not specifically listed is included in an existing use may ask the zoning administrator for an opinion. The zoning administrator's decision will establish whether the proposed use is permitted under any of the existing uses in this chapter. The zoning administrator shall consider functional similarities between uses listed in this chapter and the proposed use, including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is a permitted use, permitted accessory use, permitted use with conditions, conditional use or interim use. If the zoning administrator determines that the proposed use is not permitted under any existing use, that conclusion shall be stated in the written determination. (Prior Code, § 1122.100) Sec. 10-187. Restrictions. All land uses must comply with all applicable provisions of this chapter, including, but not limited to, the conditions in this article and all other applicable provisions of this chapter. (Prior Code, § 1122.200) Secs. 10-188—10-212. Reserved. DIVISION 4. LAND USE DEFINITIONS AND CONDITIONS Sec. 10-213. Defined terms and requisites applicable to division. This division contains the definitions and conditions for land uses as allowed by the land use table. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-214. Accessory apartment. (a) Definition. The term "accessory apartment" means an independent, subordinate dwelling unit contained within a single-family detached dwelling for occupancy only by immediate family members (the term "immediate family" means the spouse, parents, grandparents and children and grandchildren (all, including step- and foster-) or individuals providing care to the people occupying the other dwelling unit). § 10-214ZONING CD10:51 (b) Zoning districts and conditions. Accessory apartments are permitted with conditions in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: (1) No more than one apartment may be created in any single-family dwelling. (2) The single-family dwelling or accessory apartment must be owner-occupied on a continuous basis except for temporary absences. (3) A minimum of two off-street parking spaces must be provided for each dwelling unit with such parking to be in a garage, carport or on an area surfaced in asphalt or concrete specifically intended for that purpose. Such parking may not be located within a required turnaround. (4) In an existing single-family dwelling, an accessory apartment may be created by the conversion of living space within the dwelling but not by conversion of garage space unless space is available on the property for a new two-car garage in the future without the need for a variance. (5) An accessory apartment must be no more than 35 percent of the gross living area of the single-family dwelling (including the accessory apartment) or 950 square feet, whichever is smaller. (6) Exterior changes to the dwelling must not substantially alter the single-family character of the structure. (7) No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city and state. (8) An accessory apartment is permitted only where it is demonstrated that it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood. (9) All other provisions of this chapter relating to single-family dwelling units must be met, unless specifically amended by this section. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-215. Accessory structure. (a) Definition. The term "accessory structure" means a separate and subordinate structure the use of which is related to and is incidental to that of the principal structure, and which may include, but is not limited to, garages, carports, storage buildings, water-oriented accessory structures, pools, etc. There must be a principal structure on the property in order for an accessory structure to be allowed. (b) Zoning districts and conditions. Accessory structures are a permitted accessory use in A, R-S, R-1, R-2, R-3, TC-T, C-3 and I-1 with the following conditions: (1) The accessory structure shall be either constructed of the same materials as the principal structure or screened from public view from adjacent roads and contiguous properties. The screening must meet all applicable standards of this chapter. § 10-214 PRIOR LAKE CODE CD10:52 (2) If located in a residential zoning district, the total amount of accessory structures is limited to 1,000 square feet. (3) Maximum building height shall not exceed 15 feet as defined in section 10-50. (4) The accessory structure shall be located to the side or rear of the principal structure and is not permitted within the front yard or side yard abutting a street. (5) The minimum setback to a side or rear property line is five feet unless the property line abuts a street, which requires a minimum setback of 25 feet. (6) No accessory structure may be located in any public right-of-way or public easement. (7) Sanitary sewer connections are prohibited. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-216. Adult uses. (a) Definition. See chapter 4, article V. (b) Zoning districts and conditions. Adult uses are a conditional use in A, TC, C-2 and I-1 with the conditions listed in chapter 4, article V. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-217. Agriculture and forestry. (a) Definition. The term "agriculture and forestry" means the production of crops, plants, or vines, including forestry. The term "agriculture and forestry" also applies to the keeping, grazing, or feeding of livestock but shall not include commercial stables or animal handling. (b) Zoning districts and conditions. Agriculture and forestry is permitted with conditions in A and R-S subject to the conditions in chapter 7, article II. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-218. Animal handling. (a) Definition. The term "animal handling" means the sale, boarding, breeding, grooming, training, treatment or care of privately owned traditional pets as defined in chapter 7, article II. (b) Zoning districts and conditions. Animal handling is a conditional use in A, C-2, C-3, and I-1 with the following conditions: (1) Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public. § 10-218ZONING CD10:53 (2) No animals shall be kept outside the building or located in a manner or location which causes offensive odors discernible at the property line of the property on which the activity is conducted. (3) All principal use activities, including animal boarding, shall be conducted within the principal structure; except that animal runs may be located outdoor as long as the other conditions in this section are met and as long as animals are not left in the run overnight. (4) All outdoor animal runs or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure. (5) All buildings in which animals are kept or boarded shall be located a minimum of 100 feet from any property line in a residential zoning district. (6) All animals shall be kept in conformance with chapter 7, article II. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-219. Appliance and small engine repair. (a) Definition. The term "appliance and small engine repair" means maintenance and repair of appliances and small engines. Characteristics include some outdoor activity and noise. (b) Zoning districts and conditions. Appliance and small engine repair is: (1) Permitted with conditions in C-1 with the following conditions: Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any property line in a residential zoning district. (2) Permitted with conditions in C-2 and C-3 with the following conditions: Engines shall not be operated or tested outside of a structure if the use is located within 100 feet of any property line in a residential zoning district. (3) Permitted with conditions in I-1 with the following conditions: No sales or display of new or used appliances or engines shall be permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-220. Auto body/painting. (a) Definition. The term "auto body/painting" means the painting, straightening, replac- ing 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. Auto body/painting includes the outdoor storage of damaged and dismantled vehicles and may generate odor and noise; this use excludes junkyards and automobile wrecking yards. § 10-218 PRIOR LAKE CODE CD10:54 (b) Zoning districts and conditions. Auto body/painting is: (1) A conditional use in C-3 with the following conditions: a. No sales, storage or display of used automobiles shall be permitted. b. No inoperable vehicles shall be stored outside the primary structure. c. All auto body repair and painting must be conducted within the primary structure. d. No outdoor storage will be permitted. e. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. (2) Permitted with conditions in I-1 with the following conditions: a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. b. No sales or display of new or used automobiles shall be permitted. c. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-221. Bank. (a) Definition. The term "bank" means 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. (b) Zoning districts and conditions. Banks are: (1) Permitted with conditions in TC with the following conditions: The use shall not include any drive-through or drive-up windows or facilities. (2) A permitted use in C-1 and C-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-222. Bed and breakfast establishment. (a) Definition. The term "bed and breakfast establishment" means the use of a private, owner-occupied single-family or two-family dwelling providing temporary lodging facilities and some meals to paying lodgers. The lodging is subordinate and incidental to the main residential use of the dwelling. Indoor recreational facilities for the use of the residents and paying lodgers may be included. § 10-222ZONING CD10:55 (b) Zoning districts and conditions. Bed and breakfast establishments are permitted with conditions in A, R-S, R-1, R-2, R-3, TC and TC-T with the following conditions: (1) The dwelling shall be owner-occupied. (2) The required parking shall be screened with a Type B bufferyard as defined in this chapter. (3) The total number of guests shall be limited to six. (4) Not more than 50 percent of the gross floor area of the dwelling shall be used for the lodging operation. (5) Only exterior alterations which do not alter the exterior appearance from its single-family character will be allowed. (6) Accommodations may be provided to a guest for a period not exceeding 14 days. (7) Food service shall be limited to breakfast and afternoon tea. (8) Rented rooms shall not contain cooking facilities. (9) Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. (10) No more than 50 percent of the rear yard may be surfaced in asphalt and concrete or used for parking. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-223. Bicycle sales and repair. (a) Definition. The term "bicycle sales and repair" means maintenance, repair, and sales of two- and three-wheeled nonmotorized vehicles with wheels which are more than 16 inches in diameter. (b) Zoning districts and conditions. Bicycle sales and repair is permitted in TC, C-1, C-2, and C-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-224. Boarders, keeping of. (a) Definition. The term "keeping of boarders" means the use of a single-family dwelling for the dwelling of a person on an extended basis, rather than daily or weekly, where the primary resident is the owner of the dwelling. (b) Zoning districts and conditions. Keeping of boarders is a permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: (1) The dwelling shall be owner-occupied. (2) No more than two boarders may be kept in a dwelling. § 10-222 PRIOR LAKE CODE CD10:56 (3) Rented rooms shall not contain cooking facilities. (4) Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-225. Boat slips, city. (a) Definition. The term "city boat slips" means the mooring of watercraft with permission of the city on property owned or controlled by the city. City boat slips, regardless of number, are not a mooring facility. City boat slips are permitted only on riparian property owned or controlled by the city, subject to DNR approval. The city may use the slips as determined and regulated by the city council, including rental of the slips. The city shall not increase the number of boat slips or increase the number of boat slips which the city rents without first holding a public hearing. (b) Zoning district and conditions. City boat slips are permitted in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-226. Boat slips, personal. (a) Definition. The term "personal boat slips" means the mooring of five or fewer restricted watercraft allowed for personal use by the owners or tenants of residential riparian lots. (b) Zoning districts and conditions. Personal boat slips are permitted with conditions in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1 with the following conditions: (1) Personal boat slips are permitted only on riparian lots. The lot and personal boat slips shall meet the following minimum conditions, as determined by the zoning administrator: a. The slips can be located on separate dock structures, but no more than five slips can be located on a lot. b. No more than five restricted watercraft may be moored at any one lot at a time. c. If three or more restricted watercraft are moored at any one lot at a time, any dock structure on that lot shall be at least ten feet from all side lot lines at the ordinary high-water level. (2) All personal boat slips on a lot shall be used in only one of the following manners: a. Owner use. All restricted watercraft moored at the lot shall be owned and registered to the property owner or the property owner's immediate family. For § 10-226ZONING CD10:57 purposes of this requirement, the term "immediate family" means the spouse, parents, children and grandchildren (all, including step- and foster-) of the property owner or the property owner's spouse. b. Tenant use. If the entire dwelling on the lot is being leased to a tenant and the owner occupies no portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the tenant or the tenant's immediate family (as the term "immediate family" is defined in subsection (b)(2)a of this section). In no case may the property owner and tenant both moor watercraft at the lot. c. Boarder use. If a portion of a dwelling on the lot is being leased to a boarders but the owner still occupies a portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the owner under provision subsection (b)(2)a of this section or the boarders (regardless of number of boarders) may moor only one restricted watercraft at the lot. In no case may the property owner and boarder both moor watercraft at the lot. (3) Rental of slips is prohibited. Use of slips allowed by subsection (b)(2) of this section is not considered rental of slips. (4) If the city has reason to believe that any provisions in this section relating to personal boat slips or mooring facilities are not being complied with, the city has the authority to require the submittal of watercraft registration information, proof of ownership/tenancy of property or watercraft, proof of relationships, use of slip, or other information needed to establish compliance. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-227. Brewpub. (a) Definition. The term "brewpub" means an establishment operating as a brewpub pursuant to chapter 4, article II. (b) Zoning districts and conditions. Brewpubs are a: (1) Permitted use in TC. (2) Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance to the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. § 10-226 PRIOR LAKE CODE CD10:58 c. If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met: 1. All customer entrances to the building shall be through a vestibule area with an inside and outside door. 2. No outdoor amplified music, public address system, or outdoor special event is permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-228. Brewer taproom. (a) Definition. The term "brewer taproom" means an establishment operating as a brewer taproom pursuant to chapter 4, article II. (b) Zoning districts and conditions. Brewer taprooms are a: (1) Permitted use in TC. (2) Conditional use in C-2, C-3, and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met: 1. All customer entrances to the building shall be through a vestibule area with an inside and outside door. 2. No outdoor amplified music, public address system, or outdoor special event is permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-229. Building improvement trades. (a) Definition. The term "building improvement trades" means a building used for the storage of building supplies and construction equipment 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, masonry, HVAC, plumbing or electrical. § 10-229ZONING CD10:59 (b) Zoning districts and conditions. Building improvement trades are permitted with conditions in C-3 and I-1 with the following conditions: No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-230. Business services. (a) Definition. The term "business services" means a business primarily engaged in providing 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, develop- ment and testing, photo finishing and personal supply services. (b) Zoning districts and conditions. Business services are a: (1) Permitted use in C-2, and C-3. (2) Conditional use in TC-T with the following conditions: a. The use must be located completely within the existing structure. No additions to the structure are permitted. b. The exterior of the existing building shall maintain the residential character of the structure. c. No more than one wall sign shall be permitted. d. No outdoor storage will be permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-231. Car wash. (a) Definition. The term "car wash" means the use of a structure, or portion thereof, 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. (b) Zoning districts and conditions. Car washes are a conditional use in C-1, C-2, C-3 and I-1 with the following conditions: (1) No public address system shall be audible from any property located within a residential zoning district. (2) Drainage and surfacing plans shall be subject to the city engineer's approval prior to construction or reconstruction. The plans shall describe the wash water disposal and sludge removal facilities for on-premises dust, salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the property. § 10-229 PRIOR LAKE CODE CD10:60 (3) All parking and areas surfaced in asphalt or concrete meet the drainage, design and landscaping provisions of article V, division 8 of this chapter. (4) The ingress or egress points for an accessory car wash shall be subject to the city engineer's approval prior to construction or reconstruction. The exit door from the car wash shall be at least 45 feet from the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door and sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way. (5) An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress points on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. (6) Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. unless the service doors to the facility remain closed at all times or the facility is in the I-1 zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-232. Cemeteries. (a) Definition. The term "cemeteries" means the use of an area for the burial or entombment of one or more deceased persons, including graveyards, mausoleums, and columbaria. (b) Zoning districts and conditions. Cemeteries are a permitted use in A, R-S, R-1, R-2, and R-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-233. Cluster housing. (a) Definition. The term "cluster housing" means single-family attached or detached dwelling units on smaller lots than provided for in the applicable zoning district in order to allow the same number of units as would be allowed in a standard development on the same property but clustering the units together on smaller lots to preserve additional wooded areas, open space or other natural features. 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 areas surfaced in asphalt or concrete than single-family detached dwellings. § 10-233ZONING CD10:61 (b) Zoning districts and conditions. Cluster housing is a conditional use in R-1 and R-2 with the following conditions: (1) Cluster housing shall meet the following minimum requirements: a. No more than four dwelling units shall be incorporated in a single building. b. The density of development shall not exceed the density allowed in the zoning district in which the property is located. c. Existing dwelling units may not be converted into clustered units unless the site is fully cleared and redeveloped. Existing units may be incorporated into new development plans when such units are not converted into clustered units or added to. d. There shall be 600 square feet of usable open space for each dwelling unit. (2) The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: a. The presence and preservation of topographic features, woods and trees, water bodies and streams, wetlands, and other physical and ecological conditions. b. Suitable provisions for permanently retaining and maintaining the amenities and open space. c. Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing develop- ment and public facilities, and consistency with city goals and plans for the areas. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-234. Cocktail room. (a) Definition. The term "cocktail room" means an establishment operating as a cocktail room pursuant to chapter 4, article II. (b) Zoning districts and conditions. Cocktail rooms are a: (1) Permitted use in TC. (2) Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the building shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the use shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant § 10-233 PRIOR LAKE CODE CD10:62 building, the entrance will be measured from the collective entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met: 1. All customer entrances to the building shall be through a vestibule area with an inside and outside door. 2. No outdoor amplified music, public address system, or outdoor special event is permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-235. Community centers. (a) Definition. The term "community center" means the use of a building, structure, or area for the public, to accommodate and serve significant segments of the community for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops. (b) Zoning districts and conditions. Community centers are: (1) Permitted with conditions in R-1, R-2, and R-3 with the following conditions: a. The building shall not be located within 50 feet of any property line in a residential zoning district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential zoning district. d. A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district. (2) Permitted with conditions in TC and C-2 with the following conditions: a. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential zoning district. c. A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-235ZONING CD10:63 Sec. 10-236. Contractor yard. (a) Definition. The term "contractor yard" means the use of land 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. (b) Zoning districts and conditions. Contractor yards are permitted with conditions in I-1 with the following conditions: (1) Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. (2) Stored materials shall not interfere with either on-site or off-site traffic visibility. (3) Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted. (4) All areas used for storage and parking of street legal or road legal vehicles (such as an automobile, motorcycle, light or heavy truck that are equipped and licensed for use on public roads) shall be surfaced in asphalt or concrete. (5) All contractor yards adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances, contractor yards shall meet the required parking setback. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-237. Controlled access lot. (a) Definition. The term "controlled access lot" means a riparian parcel of land used as a mooring facility for non-riparian lot owners with access to public waters. (b) Zoning districts and conditions. Controlled access lots are a conditional use in R-1 and R-2 on general development lakes with the following conditions: (1) Controlled access lots 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. § 10-236 PRIOR LAKE CODE CD10:64 f. Adequate sanitary and parking facilities will be provided in connection with the facility. (2) Controlled access lots are allowed only on riparian lots on general development lakes by conditional use permit in the R-1 and R-2 zoning districts. Controlled access lots shall comply with all applicable conditions listed in this section, the applicable zoning district and with any other conditions the planning commission, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city. All docks, mooring facilities, and controlled access lots legally existing on the date of the adoption of the ordinance from which this chapter is derived which do not meet the applicable conditions shall be considered legally nonconforming, and the use may be continued in conformance with Minn. Stats. § 462.357, subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the city to allow legally nonconforming controlled access lots to maintain the number of boat slips which were approved via permit issued by the city or state department of natural resources as of the date of adoption of the ordinance from which this chapter is derived. In subsection (b)(19) of this section is a list of legally nonconforming controlled access lots and the number of boat slips permitted for each. (3) The property shall be suitable for the intended use as a mooring facility. (4) The property shall 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 property. (5) The property shall meet, at a minimum, the width and area requirements for a single-family residential riparian property. (6) The allowable number of boat slips for a controlled access lot shall be based on the conditions identified in subsection (b)(1) of this section; provided, however, in no case shall the number of boat slips exceed one boat slip for every 40 feet of lot width. Property width shall be the lesser of either the shoreline as measured at the ordinary high-water level or a straight line measured between where the two side property lines intersect with the ordinary high-water level (or the straight extension of the side property lines if the side property lines do not intersect with the ordinary high-water level). Regardless of measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within ten feet of navigable water shall not count toward property width. (7) All restricted watercraft moored at the property shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, the term "immediate family" means the spouse, parents, children and grandchildren (all, including step- and foster-) of the owner or tenant or the owner or tenant's spouse. Use of slips by persons described in this provision is not considered rental of slips. § 10-237ZONING CD10:65 (8) Rental of slips is prohibited. (9) Covenants shall be recorded against the controlled access lot and all benefiting lots that specify which lot owners have authority to use the controlled access lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of watercraft allowed to be securely moored, docked, or stored over water and shall require centralization of all common facilities and activities in the most suitable locations on the property to minimize topographic and vegetation alteration. The covenants shall 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. (10) Functioning restroom facilities shall be accessible on the property for all users of the property 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be portable toilets as approved by the zoning administrator. (11) No dock, mooring facility or other structure shall be located so as to: a. Obstruct the navigation of any lake; b. Obstruct reasonable use or access to any other dock, mooring facility or other structure; c. Present a potential safety hazard; or d. Be detrimental to significant fish and wildlife habitat or protected vegetation. (12) Docks and mooring facilities shall be set back a minimum of ten feet from side property lines as measured at the ordinary high-water level. Docks and mooring facilities shall be located a minimum of ten feet from a straight line extension of the side property lines of the property into the lake. This requirement may be adjusted, at the discretion of the zoning administrator, in cases where topography significantly limits the placement of docks. (13) One off-street parking space surfaced in asphalt and concrete shall be provided for each four boat slips for which the owners, lessees or users do not live within 1,000 feet of the controlled access lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking area. (14) The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any controlled access lot, dock or mooring facility is prohibited. § 10-237 PRIOR LAKE CODE CD10:66 (15) No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any controlled access lot, dock or mooring facility. (16) Access across wetlands is permitted only in accordance with the state and federal wetland regulations. (17) Controlled access lots shall meet the residential performance standards in section 10-601. (18) Garbage receptacles shall be made available on the property for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. (19) All docks, mooring facilities, and controlled access lots legally existing on the date of adoption of the ordinance from which this chapter is derived which do not meet the above-listed conditions shall be considered legally nonconforming, and the use may be continued in conformance with Minn. Stats. § 462.357, subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the city to allow legally nonconforming controlled access lots to maintain the number of boat slips which were approved via permit issued by the city or state department of natural resources as of the date of adoption of the ordinance from which this chapter is derived. Below is a list of legally nonconforming controlled access lots and the number of boat slips permitted for each: Permit # Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 37 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 89-6021 Oakland Beach Homeowners' Associa- tion 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Associa- tion 251550260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners' Associa- tion 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeown- ers' Association 250500011 Lower Prior Lake 6 89-6378 Lakeside Manor Associa- tion 250550260 Lower Prior Lake 53 89-6456 Willow Beach Associa- tion 251080020 Upper Prior Lake 46 89-6458 Boudin's Manor Associa- tion 251530010 Lower Prior Lake 39 City permit Spring Lake Estates Association 254400850 Spring Lake 54 § 10-237ZONING CD10:67 Permit # Association Name Parcel ID Number (PIN)Water Body # of Slips Permitted City PUD Crystal Bay Association 254170250 Upper Prior Lake 21 City permit Inguadona Beach Homeowners' Associa- tion 250950030 Upper Prior Lake 20 (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-238. Convention and exhibition center. (a) Definition. The term "convention and exhibition center" means the use of a building with 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. (b) Zoning districts and conditions. Convention and exhibition centers are a conditional use in C-2 and C-3 with the following conditions: (1) All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any property line in a residential zoning district. (2) All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-239. Data center. (a) Definition. The term "data center" means the storage, management, processing and transmission of digital data, the housing of computer or network equipment, systems, servers, appliances, and other associated components related to digital data operations. May also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. (b) Zoning districts and conditions. Data centers are a permitted use in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-240. Day care, commercial (includes child care programs as defined by state statute). (a) Definition. The term "commercial day care" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day in a nonresidential building. This use must be licensed by the state or county. § 10-237 PRIOR LAKE CODE CD10:68 (b) Zoning districts and conditions. Commercial day cares are: (1) Permitted with conditions in A, R-S and R-1 with the following conditions: a. The day care may serve no more than 12 children at a time. b. At least 40 square feet of outside play space per child is provided. c. The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter. d. Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements. (2) Permitted with conditions in R-2 and R-3 with the following conditions: a. The day care may serve no more than 16 children at a time. b. At least 40 square feet of outside play space per child is provided. c. The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter. d. Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements. (3) Permitted with conditions in TC, C-1 and C-2 with the following conditions: a. At least 40 square feet of outside play space per child is provided. b. The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter. c. Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements. d. Outdoor play areas shall be located a minimum of 100 feet from a roadway designated in the comprehensive plan as a principal arterial. For all other road classifications, the outdoor play areas shall be set back the minimum building setback from the property line. e. In the TC zoning district, the facility shall not be located fronting Main Avenue, Dakota Street or County Road 21. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-241. Day care, family (includes family day care and group family day care as defined by state statute). (a) Definition. The term "family day care" means the care, protection and supervision of children in a private single-family dwelling for periods of less than 24 hours per day for a fee. A family day care may serve no more than ten children at a time and a group family day care may serve no more than 14 children at a time. The size of the outdoor play area, the § 10-241ZONING CD10:69 maximum number of children who may be served, and the number and qualifications of required outside teachers or helpers are set forth in state law. This use must be licensed by the state or county. (b) Zoning districts and conditions. Family day cares are: (1) A permitted accessory use in A, R-S and R-1. (2) Permitted with conditions in R-2, R-3 and TC-T with the following conditions: Use must be located in a single-family detached dwelling; not permitted in a twinhome, rowhome or multifamily dwelling. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-242. Dedicated waterfront. (a) Definition. The term "dedicated waterfront" means a dedicated waterfront is a parcel of land which has all of the following elements: (1) The parcel of land is used as a mooring facility for access to public waters for non-riparian lot owners; (2) The source of the right to access public waters is by virtue of a grant or dedication on a plat; and (3) The lots with the right to access public waters are not subject to recorded homeowners' association documents. Only those parcels that exist in this manner as of January 1, 2016, shall qualify as dedicated waterfronts. (b) Zoning districts and conditions. Dedicated waterfronts are permitted with conditions in R-1 with the following conditions: (1) The facility shall be compatible with the adjacent land and water uses. (2) Adequate water depth is available for the proposed facility without churning of bottom sediments. (3) 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. (4) The facility will not affect the quality of water and the ecology of the lake. (5) 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. (6) Adequate sanitary and parking facilities will be provided in connection with the facility. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-241 PRIOR LAKE CODE CD10:70 Sec. 10-243. Dry cleaning. (a) Definition. The term "dry cleaning" means the cleaning or dry cleaning of clothing, diapers or other fabrics 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. (b) Zoning districts and conditions. Dry cleaning is: (1) Permitted with conditions in TC with the following conditions: a. The buildings housing the use shall not exceed 5,000 square feet in area. b. Outside storage and parking of trucks involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one ton or less. All trucks in operation with the business must be stored on site (not in public parking areas). (2) Permitted with conditions in C-1 and C-2 with the following conditions: a. The total area in which the buildings housing the use occurs shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks and vans involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one ton or less. c. Access shall be from a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner that access can be provided without generating significant traffic on local residential streets. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-244. Dwelling, multifamily. (a) Definition. The term "multifamily dwelling" means a building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units. (b) Zoning districts and conditions. Multifamily dwellings are a: (1) Permitted use in R-3. (2) Conditional use in TC with the following conditions: a. Multifamily dwellings shall be in combination with a commercial use. This is in keeping with the objectives of intentional land use planning that facilitates commercial development for an expanded tax base and exploring ways to encourage downtown as a vibrant destination. § 10-244ZONING CD10:71 b. Commercial uses shall: 1. Occupy a minimum of 60 percent of the building's first floor (street level) area for all buildings that are located on a prime commercial lot. For the purposes of this subsection, a prime commercial lot is one that, due to its location, street or highway frontage, access, visibility, size or other features, would be appropriate for commercial uses. 2. Occupy a minimum of 85 percent of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building façades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc., shall not be considered commercial uses. 3. For buildings that are not located on a prime commercial lot, occupy a minimum of 25 percent of the building's first floor (street level) area. Commercial uses shall occupy a minimum of 15 percent of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building façades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc., shall not be considered commercial uses. c. The minimum number of off-street private parking shall be provided at a rate of 1.5 parking stalls per residential unit. d. Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-245. Dwelling, single-family attached—Rowhome. (a) Definition. The term "single-family attached dwelling rowhome" means a building or group of buildings that include three or more dwellings on a site where the dwellings are configured in a side-by-side or back-to-back fashion and share at least one common wall but are not vertically stacked. (b) Zoning districts and conditions. Rowhomes are permitted in R-2 and R-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-246. Dwelling, single-family attached—Twinhome. (a) Definition. The term "single-family attached dwelling twinhome" means a dwelling unit designed or used for residential occupancy by two families fully separated by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, including both duplexes and double bungalows but not including accessory apartments. § 10-244 PRIOR LAKE CODE CD10:72 (b) Zoning districts and conditions. Twinhomes are permitted in R-2 and R-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-247. Dwelling, single-family detached. (a) Definition. The term "single-family detached dwelling" means a dwelling unit designed or used for residential occupancy by one family that is physically separated from any other dwelling on the same property. (b) Zoning districts and conditions. Single-family detached dwellings are permitted in A, R-S, R-1, and R-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-248. Electrical utility substations. (a) Definition. The term "electrical utility substation" means 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. (b) Zoning districts and conditions. Electrical utility substations are a conditional use in A, R-S, TC, C-1, C-2, C-3 and I-1 with the following conditions: (1) No structure shall be located within 25 feet of any property line. (2) No structure shall be located within 100 feet of any property line in a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-249. Exclusive liquor store. (a) Definition. The term "exclusive liquor store" means an establishment operating as an exclusive liquor store pursuant to chapter 4, article II. (b) Zoning districts and conditions. Exclusive liquor stores are a permitted use in TC, C-1, and C-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-250. Expansion of nonconforming use in town center. (a) Definition. The term "expansion of nonconforming use in town center" means a use existing legally on June 1, 2009, in the TC district. § 10-250ZONING CD10:73 (b) Zoning districts and conditions. Expansions of nonconforming uses in town center are a conditional use in TC with the following conditions: (1) The use must have existed on June 1, 2009, and may be expanded only on the existing parcel, or on a combination of parcels as part of a campus plan. (2) All new construction must be consistent with the design standards of the TC zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-251. Freight terminal. (a) Definition. The term "freight terminal" means short-term storage and transshipment of materials and the outdoor storage of trucks and directly related equipment. Characteristics include high volumes of large truck traffic. (b) Zoning districts and conditions. Freight terminals are a permitted use in I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-252. Funeral home. (a) Definition. The term "funeral home" means the holding of funeral services and embalming and other processes 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. (b) Zoning districts and conditions. Funeral homes are a permitted use in C-1 and C-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-253. Golf course. (a) Definition. The term "golf course" means land used for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms, dining and bar facilities, 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. (b) Zoning districts and conditions. Golf courses are a conditional use in A, R-S, R-1, R-2 and R-3 with the following conditions: All structures shall be located a minimum of 30 feet from any property in a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-250 PRIOR LAKE CODE CD10:74 Sec. 10-254. Gun range, indoor. (a) Definition. The term "indoor gun range" means 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. (b) Zoning districts and conditions. Indoor gun ranges are a conditional use in C-3 and I-1 with the following conditions: (1) Indoor gun ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling and so ricochets or back splatter cannot harm range users. (2) No light, sound or vibration originating from the building shall be discernible at any abutting property line. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-255. Heavy equipment and specialized vehicle sale, rental and service. (a) Definition. The term "heavy equipment and specialized vehicle sale, rental and service" means 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 or more passengers; (3) Motorhomes, recreational vehicles, trailers, and boats of any size. (b) Zoning districts and conditions. Heavy equipment and specialized vehicle sale, rental and service is permitted with conditions in I-1 with the following conditions: (1) No sales, storage, rental or display of automobiles shall be permitted. (2) No test driving shall be permitted on any street in a residential zoning district. (3) No car washes shall be permitted for public use. (4) No inoperable equipment or vehicles shall be stored outside the primary structure or designated screened storage areas. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-256. Home occupations. (a) Definition. The term "home occupation" means an occupation, profession, or activity which occurs primarily in a dwelling unit, provides gainful employment of a person or persons residing in the dwelling unit, is clearly incidental and subordinate to the residential use, and which does not alter the exterior of the dwelling or structures on the lot or affect the residential character of the neighborhood. It is the intent of the city to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, § 10-256ZONING CD10:75 safety and general welfare of residential neighborhoods. The purpose of this provision is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. (b) Zoning districts and conditions. (1) Home occupations are a permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 square feet or 20 percent of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 square feet or 50 percent of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard-surfaced driveway which meets the requirements of this chapter for off-street parking. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the property. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of-way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.). j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed 96 gallons in capacity. (2) The following activities shall not be allowed as home occupations: a. Repair, painting, service or sales of small engines. b. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. § 10-256 PRIOR LAKE CODE CD10:76 c. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. d. Repair, painting, service or sales of commercial motor vehicles. e. Adult uses. f. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person providing the service is not licensed by the state to administer such treatment. g. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six nonresident persons in attendance at one time. h. Animal handling, including boarding, breeding, and grooming establishments. i. Music instruction, unless conducted within a detached single-family dwelling unit. j. Beauty shop or barbershop with more than one chair providing service. k. Manufacturing or processing. l. Any use which violates any applicable law. m. Other uses as determined by the zoning administrator to have an adverse impact upon neighboring properties. (3) Signage shall comply with the sign regulations in this chapter. (4) All applicable permits from other governmental agencies have been obtained. (5) The city reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this section. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-257. Hospital. (a) Definition. The term "hospital" means an institution that offers health care services, facilities and beds for short- or long-term use by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy and may include offices for medical personnel, central facilities such as pharmacies, medical laboratories and other related uses. (b) Zoning districts and conditions. Hospitals are permitted with conditions in C-2 and C-3 with the following conditions: (1) All buildings and structures shall be located a minimum of 50 feet from any property line in a residential zoning district. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. § 10-257ZONING CD10:77 (3) Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the city engineer. (4) An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-258. Hotel/motel. (a) Definition. The term "hotel/motel" means buildings which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week; the use 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. (b) Zoning districts and conditions. Hotels/motels are permitted with conditions in TC, C-2 and C-3 with the following conditions: All buildings and structures shall be located a minimum of 100 feet from any property line in a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-259. Library. (a) Definition. The term "library" means 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. (b) Zoning districts and conditions. Libraries are a permitted use in TC and C-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-260. Manufacturing/processing. (a) Definition. The term "manufacturing/processing" means 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, slaughterhouses, rendering plants, salvage yards, and auto reduction plants are excluded. (b) Zoning districts and conditions. Manufacturing/processing is a permitted use in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-257 PRIOR LAKE CODE CD10:78 Sec. 10-261. Marina, commercial. (a) Definition. The term "commercial marina" means a mooring facility of six or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are provided, including boat tours. (b) Zoning districts and conditions. Commercial marinas are a conditional use in R-2 and C-2 with the following conditions: (1) A marina shall meet the following conditions as determined by the zoning administra- tor: 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. (2) Commercial marinas are allowed only on riparian lots on general development lakes by conditional use permit in the R-2 or C-2 zoning district. The lot and commercial marina shall comply with all applicable conditions listed this section, the applicable zoning district and with any other conditions the planning commission, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city. (3) The minimum property size shall be one acre. (4) The lot shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one parking space per four boat slips; parking shall not be located below the ordinary high-water level and further meet the parking standards of this chapter. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff 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. (5) The property shall have public bathrooms connected to municipal sanitary sewer as approved by the city. (6) The property shall meet the impervious surface coverage requirements for a permitted commercial use in the shoreland overlay district. § 10-261ZONING CD10:79 (7) A bufferyard, Type C, as defined in this chapter, shall be installed and maintained along any property line abutting a residential zoning district. (8) Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. (9) Commercial marinas shall obtain and comply with a permit issued by the state department of natural resources. The permit shall determine the number of allowable boat slips. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-262. Marina, recreational. (a) Definition. The term "recreational marina" means a mooring facility of seven or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are not provided. (b) Zoning districts and conditions. Recreational marinas are a conditional use in R-2 and C-2 with the following conditions: (1) A marina shall meet the following conditions as determined by the zoning administra- tor: 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. (2) Recreational marinas are allowed only on riparian lots on general development lakes, by conditional use permit in in the R-2 or C-2 zoning districts. The lot and recreational marina shall comply with all applicable conditions listed in this section, the applicable zoning district and with any other conditions the planning commis- sion, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city. (3) The minimum property size shall be one acre. (4) The allowable number of boat slips shall be determined by the zoning administrator based on the conditions identified in subsection (b)(1) of this section. § 10-261 PRIOR LAKE CODE CD10:80 (5) The property shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one parking space per four boat slips; parking shall not be located below the ordinary high-water level. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking. (6) The property shall meet the impervious surface coverage requirements for a permitted commercial use in the shoreland overlay district. (7) A bufferyard, Type C, as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-263. Medical/dental laboratories. (a) Definition. The term "medical/dental laboratories" means the creation of individually produced and made to order medical and dental prosthetics 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. (b) Zoning districts and conditions. Medical/dental laboratories are permitted with conditions in C-2, C-3 and I-1 with the following conditions: The use shall not generate any fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-264. Medical/dental office. (a) Definition. The term "medical/dental office" means the 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. (b) Zoning districts and conditions. Medical/dental offices are a permitted use in TC, C-1, C-2 and C-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-265. Microdistillery. (a) Definition. The term "microdistillery" means an establishment operating as a microdistillery pursuant to chapter 4, article II. § 10-265ZONING CD10:81 (b) Zoning districts and conditions. Microdistilleries are a: (1) Permitted use in TC. (2) Conditional use in C-2, C-3, and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective building entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met: 1. All customer entrances to the building shall be through a vestibule area with an inside and outside door. 2. No outdoor amplified music, public address system, or outdoor special event is permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-266. Mining. (a) Definition. The term "mining" means the extraction and removal of sand, gravel, or other earthen material from a parcel of land. (b) Zoning districts and conditions. Mining is a conditional use in A with the following conditions: (1) Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. (2) The use shall not generate any lights, fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located. (3) All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. (4) No storage of hazardous, explosive, or flammable materials in violation of the state fire code. § 10-265 PRIOR LAKE CODE CD10:82 (5) The site shall be kept neat and orderly. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-267. Motor fuel stations. (a) Definition. The term "motor fuel station" means 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. (b) Zoning districts and conditions. Motor fuel stations are a conditional use in C-1 and C-2 with the following conditions: (1) If the use is located in the C-1 zoning district, hours of operation shall be between 6:00 a.m. and 11:30 p.m. (2) All pump islands, air dispensers and other service devices shall be installed at least 12 feet from any property line, and no display, servicing of vehicles, or parking shall take place within the required yard. (3) All parking and areas surfaced in asphalt or concrete shall meet the grading, design, and landscaping requirements of this chapter for off-street parking. (4) All on-site utility installations shall be placed underground. (5) Outside sale or display is permitted only for gasoline, seasonal items, and other goods consumed in the normal operation of a car, including, but not limited to, oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard, parking area, or drive aisle. (6) No public address system shall be audible from any property located in a residential zoning district. (7) Canopies and canopy support systems shall be designed and constructed of materials which are compatible with the principal structure. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-268. Motor vehicle sales. (a) Definition. The term "motor vehicle sales" means display, sale and rental of motor vehicles, 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. § 10-268ZONING CD10:83 (b) Zoning districts and conditions. Motor vehicle sales are a conditional use in C-2 and I-1 with the following conditions: (1) All vehicles stored on the premises shall be insured and operable. (2) All outdoor lots for sales or rental shall be operated in conjunction with a building containing the same or similar materials as displayed on the outdoor lot. (3) The building and the lot for sales or rentals shall be on one contiguous property. (4) All vehicles shall be located on hard surfaces at all times. The hard surfaces shall meet all of the landscaping and design requirements of this chapter for off-street parking. (5) No outdoor public address system shall be audible from any parcel located in a residential zoning district. (6) All customer and employee parking shall be clearly designated and signed. (7) No motor vehicle transport loading or unloading shall be permitted on any minor residential street. (8) No display or storage of motor vehicles shall be permitted on any public right-of-way. (9) All parking, sales, rental, and storage lots shall be located a minimum of 100 feet from any property line in a residential zoning district. (10) Test driving shall be in accordance with all applicable federal, state and local laws and regulations. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-269. Motor vehicle service and repair. (a) Definition. The term "motor vehicle service and repair" means repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving motor vehicles 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. (b) Zoning districts and conditions. Motor vehicle service are repair is permitted with conditions in C-2, C-3, and I-1 with the following conditions: (1) No public address system shall be audible from any property located in a residential zoning district. (2) All repair, assembly, disassembly and maintenance of vehicles shall occur inside the primary structure except tire inflation, changing wipers, installation of batteries or adding oil. (3) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. § 10-268 PRIOR LAKE CODE CD10:84 (4) The principal structure shall be located a minimum of 100 feet from any property line in a residential zoning district. (5) No test driving shall be permitted on any streets in a residential zoning district. (6) No car washes shall be permitted for public use. (7) No outdoor storage will be permitted. (8) No sales storage or display of used motor vehicles or recreational vehicles shall be permitted. (9) No inoperable vehicles shall be stored outside the primary structure. (10) All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-270. Nurseries and greenhouses. (a) Definition. The term "nursery and greenhouse" means 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. (b) Zoning districts and conditions. Nurseries and greenhouses are a: (1) Permitted use accessory use in A. (2) Conditional use in I-1 with the following conditions: All accessory plantings and gardens adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances, accessory plantings and gardens shall meet the required parking setback. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-271. Nursing home. (a) Definition. The term "nursing home" means a building licensed as a nursing home by the state and providing nursing care (as defined by Minn. Stats. § 144A.01, subd. 9) to at least 70 percent of the residents. (b) Zoning districts and conditions. (1) Nursing homes are permitted with conditions in R-2, R-3 and C-2 with the following conditions: a. The density shall not exceed 30 dwelling units per acre. b. The building design and placement must provide a residential environment with minimum exposure to noise and traffic. § 10-271ZONING CD10:85 c. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. d. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. e. Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. f. The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for a nursing home/senior housing with services establishment. g. The development shall provide a lounge or other inside community rooms providing a minimum of 15 square feet per unit. (2) In a C-2 zoning district, the use shall not be located on a prime commercial property. A prime commercial property is one that, due to its location, street frontage, access, visibility, size or other features, would be appropriate for a large or high-traffic commercial use. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-272. Office. (a) Definition. The term "office" means a building in which the handling of information or the performing of administrative services is conducted. The use includes services provided to persons both on site and off site on a walk-in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional offices. The use excludes hospitals or other medical facilities, except it may include up to a maximum of ten percent 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. (b) Zoning districts and conditions. Offices are a permitted use in TC, C-1, C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-273. Outdoor sales/display. (a) Definition. The term "outdoor sales/display" means the display and sale or rental of merchandise or equipment outside of an enclosed building; the use may include boat sales, canoe sales, nursery sales, lumber sales, but it excludes the sale of motor vehicles. § 10-271 PRIOR LAKE CODE CD10:86 (b) Zoning districts and conditions. Outdoor sales/display is: (1) Permitted with conditions in TC with the following conditions: a. The items displayed must be directly related to the principal use. b. The area allowed for outdoor sales is limited to 30 percent of the gross floor area used for the display and sale of merchandise or goods in the principal use. c. All lighting must be hooded and positioned so the light source is not visible from the public right-of-way or from neighboring properties in a residential zoning district and is compliant with the lighting regulations of this chapter. d. Areas where outdoor sales occur must be hard surfaced with asphalt or concrete. (2) Permitted with conditions in C-2 and C-3 with the following conditions: a. No public address system shall be audible from any property located in a residential zoning district. b. The site shall be kept neat and orderly. c. The use shall not be permitted within any required yard, bufferyard or landscaped area. d. This use shall be located a minimum of 100 feet from any property line in a residential zoning district. e. The operator of the use shall not sell or trade exclusively in used merchandise but shall have at least one-third of its stock on the site as new, unused merchandise. f. The items displayed must be directly related to the principal use. g. The entire site other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in asphalt and concrete. h. String lighting is prohibited. i. The area of outdoor sales or rental lots used for storage and display of merchandise shall not exceed 500 square feet. j. A Type B bufferyard, as defined in this chapter, shall be installed and maintained along all public rights-of-way. (3) Permitted with conditions in I-1 with the following conditions: a. The items displayed must be directly related to the principal use. b. The site shall be kept neat and orderly. c. The area allowed for outdoor sales is limited to 30 percent of the gross floor area used for the display and sale of merchandise or goods in the principal building. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-273ZONING CD10:87 Sec. 10-274. Outdoor seating. (a) Definition. The term "outdoor seating" means the use of an adjacent, outside area by a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery for the same eating and drinking activities that occur within the establishment. (b) Zoning districts and conditions. Outdoor seating is: (1) Permitted with conditions in TC with the following conditions: The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery. (2) Permitted with conditions in C-1 with the following conditions: a. The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery. b. No speakers or other electronic devices which emit sound are permitted outside of the principal structure. c. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the building, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross floor area of the building, whichever is less. (3) Permitted with conditions in C-2 with the following conditions: a. The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery. b. The use shall be separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant. c. No speakers or other electronic devices which emit sound shall be audible from any property located in a residential zoning district. d. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 300 feet of any property line in a residential zoning district. e. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-274 PRIOR LAKE CODE CD10:88 Sec. 10-275. Outdoor storage, Class I. (a) Definition. The term "Class I outdoor storage" means the receiving, keeping, or shipping of goods and materials outside of an enclosed building where such use occupies an area no larger than 50 percent of the floor area of the principal structure. Outdoor storage includes only the unloading, loading, and keeping of materials; it 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 is excluded. (b) Zoning districts and conditions. Class I outdoor storage is: (1) Permitted with conditions in C-3 with the following conditions: a. The items stored must be directly related to the principal use. b. Outdoor storage areas shall be screened from view of all adjacent property and public street. Outdoor storage areas shall be screened by a 100 percent solid fence or wall of at least six feet in height. Privacy slats, wind screening or fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement. c. All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback. (2) Permitted with conditions in I-1 with the following conditions: a. The items stored must be directly related to the principal use. b. Storage areas shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. c. Stored materials shall not interfere with either on-site or off-site traffic visibility. d. All areas used for storage shall be surfaced in asphalt or concrete and a drainage plan for the site shall be approved by the city engineer. e. All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-276. Outdoor storage, Class II. (a) Definition. The term "Class II outdoor storage" means the receiving, keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area larger than 50 percent of the floor area of the principal structure. Outdoor storage includes only the unloading, loading, and keeping of materials; it may include storage yards § 10-276ZONING CD10:89 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. (b) Zoning districts and conditions. Class II outdoor storage is a: (1) Conditional use in C-3 with the following conditions: a. Outdoor storage areas shall be screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a 100 percent solid fence or wall of at least six feet in height. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement. b. All outdoor storage areas adjacent to a residential zoning district shall meet the required building setbacks for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback. c. Storage or parking of vehicles larger than one ton capacity may be stored, provided that such vehicles are used in connection with a business located in the principal structure on site and are screened from view of adjacent residential property and public streets in accordance with the landscaping and screening requirements of this chapter. (2) Conditional use in I-1 with the following conditions: a. Outdoor storage areas shall be fully screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a minimum 98 percent opacity fence or wall of at least six feet in height. b. All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback. c. Stored materials shall not interfere with either on-site or off-site traffic visibility. d. All storage areas shall be surfaced in asphalt or concrete, and a drainage plan for the site shall be approved by the city engineer; exceptions may be granted in the CUP for situations that may not warrant paving or may allow an equivalent surface material based on conditions such as distance of the storage area from a public street or the use of the storage area. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-277. Parking lot, freestanding. (a) Definition. The term "freestanding parking lot" means a hard-surfaced area, typically asphalt or concrete, where the principal use is the temporary parking of licensed, operable motor vehicles for periods of less than 24 hours at a time and which has a means of access to a public street. § 10-276 PRIOR LAKE CODE CD10:90 (b) Zoning districts and conditions. Freestanding parking lots are a conditional use in TC, TC-T, R-1, R-2 and R-3 with the following conditions: (1) The parking lot must be accessory to an existing nonresidential or recreational use located within the same zoning district. (2) The parking lot must be located within 500 feet of the existing nonresidential or recreational use. (3) The parking lot must meet all the requirements for off-street parking in this chapter. (4) No storage of any kind is permitted on the property. (5) No structures are permitted on the property. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-278. Parking lot, on-site. (a) Definition. The term "on-site parking lot" means a hard-surfaced area, typically asphalt or concrete, as an accessory to the principal use of the property for the temporary parking of licensed, operable motor vehicles for employees and customers for periods of less than 24 hours at a time. (b) Zoning districts and conditions. On-site parking lots are a: (1) Conditional use in R-1, R-2 and R-3 with the following conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same zoning district. b. The parking lot must meet all the recruitments for off-street parking in this chapter. c. No storage of any kind is permitted on the property. (2) Permitted use with conditions in TC and TC-T with the following conditions: a. The parking lot shall be located to the side or rear of the principal building, not between the building and the right-of-way. b. Parking lots adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four feet wide, containing a decorative fence or wall between 2 and three feet in height. c. One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right-of-way. d. The corners of the parking lot and all other areas not used for parking or vehicular circulation shall be landscaped with turfgrass, native grasses or other perennial flowering plants, vines, shrubs, and trees. Such spaces may include architectural features such as benches, kiosks, or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15 percent of the total parking lot area, including a minimum § 10-278ZONING CD10:91 of one deciduous shade tree per ten parking spaces. Lawns or landscaped areas within ten feet of the perimeter of the parking lot may be counted toward the required landscaping. (3) Permitted use in C-1, C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-279. Parking ramp. (a) Definition. The term "parking ramp" means a structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours at a time. (b) Zoning districts and conditions. Parking ramps are a: (1) Permitted use with conditions in TC with the following conditions: a. The ramp shall be located to the side or rear of the principal building, not between the building and the right-of-way. b. Parking ramps adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four feet wide, containing a decorative fence or wall between 2 and three feet in height. c. One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right-of-way. d. The corners of lots containing parking ramps and all other areas not used for parking or vehicular circulation shall be landscaped with turfgrass, native grasses or other perennial flowering plants, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15 percent of the total parking lot area, including a minimum of one deciduous shade tree per ten parking spaces. Lawns or landscaped areas within ten feet of the perimeter of the parking lot may be counted toward the required landscaping. (2) Permitted accessory use in C-3 with the following conditions: The ramp shall be an accessory to a permitted or conditional use on the property. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-280. Parks/open space. (a) Definition. The term "park/open space" means a structure or area used for passive recreation, including, but not limited to, hiking trails, natural areas, wildlife areas, arboretums and open grass areas. § 10-278 PRIOR LAKE CODE CD10:92 (b) Zoning districts and conditions. Park/open space is a permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-281. Park/recreation. (a) Definition. The term "park/recreation" means a structure or land area used for active outdoor recreation activities such as baseball diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools, fitness courses and driving ranges. (b) Zoning districts and conditions. Park/recreation is a permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-282. Place of assembly. (a) Definition. The term "place of assembly" means a structure or portion thereof where 20 or more persons congregate for religious, political, or social purposes. Does not include a government structure or an educational establishment. (b) Zoning districts and conditions. Places of assembly are a: (1) Permitted use in A. (2) Permitted use with conditions in R-S, R-1, R-2 and R-3 with the following conditions: a. All buildings shall be located at least 30 feet from any property line in a residential zoning district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-283. Pole building. (a) Definition. The term "pole building" means a post frame construction building in which poles or timbers are inserted into the ground vertically, commonly at six- to ten-foot intervals with lateral supports, to form the primary support for the roof system and structure foundation. (b) Zoning districts and conditions. Pole buildings are a: (1) Permitted accessory use in A. § 10-283ZONING CD10:93 (2) Conditional use in I-1 with the following conditions: a. The pole building will not alter the essential character of the neighborhood or zoning district. b. At least 60 percent of the use of the pole building will be designed for large space uses, including, but not limited to, warehouse, large vehicle or equipment repair and building materials. c. The pole building will be designed to be durable for industrial uses. d. Pole buildings are not eligible to receive city public financing assistance related to economic development. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-284. Police/fire station/ambulance. (a) Definition. The term "police/fire station/ambulance" means police-, fire-, and ambulance- related activities, either public or accredited with local health care facilities, designed to serve the public health and safety; the use 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. (b) Zoning districts and conditions. Police/fire station/ambulance uses are permitted with conditions in R-3, TC, C-1, C-2 and C-3 with the following conditions: (1) Buildings shall be located a minimum of 25 feet from any property in a residential zoning district. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (3) Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the city engineer. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-285. Printing process. (a) Definition. The term "printing process" means a commercial or industrial printing operation involving a printing, imprinting, reproduction, or similar process. Methods may include, but are not limited to, offset printing, lithography, web offset, and flexography. (b) Zoning districts and conditions. Printing processes are a permitted use in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) § 10-283 PRIOR LAKE CODE CD10:94 Sec. 10-286. Private entertainment, indoor. (a) Definition. The term "indoor private entertainment" means any building operated on a commercial basis for the purpose of recreation, amusement, entertainment or training; the use may include, but is not limited to, theatres, health or fitness centers, game rooms, bowling alleys, swimming pools, miniature golf courses, pool halls, ballroom, bingo, gymnasium, ice or roller skating, baseball, basketball, gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities, any of which are located indoors, but excluding golf courses. (b) Zoning districts and conditions. Indoor private entertainment is permitted with conditions in TC, C-2, C-3 and I-1 with the following conditions: (1) The use shall be located a minimum of 60 feet from any property line in a residential zoning district. (2) The use shall provide a designated dropoff/pickup area that is physically separated from truck loading/unloading areas. (3) The number of necessary parking spaces will be based on the individual uses as designated in the off-street parking standards of this chapter. (4) All use activities shall be conducted within the principal structure. (5) Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-287. Private entertainment, outdoor. (a) Definition. The term "outdoor private entertainment" means any property operated on a commercial basis for the purpose of recreation, amusement, entertainment or training; the use may include, but is not limited to, theatres, swimming pools, miniature golf courses, ice or roller skating, baseball, basketball, gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities, but excluding golf courses. (b) Zoning districts and conditions. Outdoor private entertainment is a conditional use in A with the following conditions: (1) Access to the site shall be from a major or minor collector or arterial street. (2) The use shall be located a minimum of 100 feet from any property line in a residential zoning district. (3) The use shall provide a designated dropoff/pickup area that is physically separated from truck loading/unloading areas. (4) Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends. § 10-287ZONING CD10:95 (5) No outdoor public address system shall be audible from any parcel located in a residential zoning district. (6) The site shall be kept neat and orderly. (7) Functioning restroom facilities shall be accessible on the property for all users during hours of operation. The restrooms shall either be connected to municipal sanitary sewer or shall be portable toilets as approved by the zoning administrator. (8) The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (9) Garbage receptacles shall be made available on the property and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. (10) No light, sound, odor, or vibration originating from the property shall be discernible at any abutting property line. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-288. Public service structure. (a) Definition. The term "public service structure" means structures which include water towers, utility and public service-related distribution facilities, and wastewater and stormwater drainage structures, but excludes electrical 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. (b) Zoning districts and conditions. Public service structures are: (1) Permitted with conditions in A with the following conditions: a. No public service structure shall be located within 200 feet of any property line in a residential zoning district. b. All services drives shall be surfaced in asphalt or concrete. c. A bufferyard, Type C as defined in this chapter, shall be installed and maintained along all public rights-of-way and along all property lines abutting a residential use district. d. All outdoor storage areas accessory to the public service structure must be located a minimum of 50 feet from any property line. (2) Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions: a. All structures shall be located a minimum of 15 feet from any property line in a residential zoning district. b. All service drives shall be surfaced in asphalt or concrete. c. A bufferyard, Type C as defined in this chapter, shall be installed and maintained along all property lines abutting a residential zoning district. § 10-287 PRIOR LAKE CODE CD10:96 (3) Permitted with conditions in TC, C-1 and C-2 with the following conditions: a. All structures shall be located a minimum of ten feet from any property line in a residential zoning district. b. All service drives shall be surfaced in asphalt or concrete. (4) Permitted with conditions in C-3 and I-1 with the following conditions: a. All structures shall be located a minimum of 25 feet from any property line in a residential zoning district. b. All service drives shall be surfaced in asphalt or concrete. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-289. Radio transmitters, microwave and communication towers. (a) Definition. See division 5 of this article. (b) Zoning districts and conditions. See chapter 8, article VIII and division 5 of this article. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-290. Recreational dome. (a) Definition. The term "recreational dome" means a translucent or opaque fabric structure supported by air. (b) Zoning districts and conditions. Recreational domes are a conditional use in R-1, R-2, R-3, and I-1 with the following conditions: (1) The dome must be accessory to an existing use located within the same zoning district. (2) No outdoor storage of any kind is permitted on the site. (3) A bufferyard, Type C as defined in this chapter, shall be installed and maintained along property lines abutting a residential zoning district. (4) Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends. (5) All mechanical equipment shall be fully screened. (6) All structures shall be located a minimum of 60 feet from any property line in a residential zoning district, and the setback shall be increased by an additional foot for each one foot in height that the structure exceeds 60 feet. (7) No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. (8) The structure shall not exceed 75 feet in height. § 10-290ZONING CD10:97 (9) The structure shall be of a color that provides for maximum integration within its surroundings. (10) The dome structure shall be fully insulated. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-291. Recycling center. (a) Definition. The term "recycling center" means a center for the collection, processing, or repair of recyclable materials for reuse in their original form or use in manufacturing processes. (b) Zoning districts and conditions. Recycling centers are a permitted use in A. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-292. Research and testing laboratories. (a) Definition. The term "research and testing laboratories" means 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. (b) Zoning districts and conditions. Research and testing laboratories are permitted in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-293. Restaurants and clubs/lodges. (a) Definition. The term "restaurant and club/lodge" means an establishment whose principal business is the sale of food and beverages, with or without liquor, which are prepared and served in individual portions in a ready to consume state for consumption on site. The use often includes drive-through, drive-up window and delivery service. It is preferably located on major thoroughfares with no access to residential streets. (b) Zoning districts and conditions. Restaurants and clubs/lodges are permitted with conditions in TC and C-1, and C-2 with the following conditions: (1) Access shall be located to minimize access to and from local residential streets. (2) Drive-through and drive-up facilities are not permitted in the TC and C-1 districts. (3) Drive-through and drive-up facilities are permitted as an accessory use in the C-2 district subject to the following conditions: a. A maximum of two drive-through lanes is allowed. § 10-290 PRIOR LAKE CODE CD10:98 b. A Type B bufferyard shall be provided between the drive-through facilities/ vehicle stacking areas and adjacent streets. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement or increase the potential for pedestrian or vehicular conflicts. c. No part of a street may be used for stacking of automobiles. (4) Access to and from an outdoor area shall be through the indoor seating area. There shall be no direct access to an outdoor seating area from the parking lot or street. (5) Food service to an outdoor area shall be provided during all hours of operations. (6) Hours of operation for outdoor seating shall be limited to 8:00 a.m. to 10:00 p.m. if the outdoor seating area is located within 200 feet from a residentially zoned property. (7) No bar shall be located in an outdoor area, except a service bar for the exclusive use of the employees. (8) No outdoor amplified music or public address system shall be discernible from a property in a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-294. Retail. (a) Definition. The term "retail" means a use where merchandise or equipment is displayed, rented, or sold and where delivery of merchandise or equipment to the ultimate consumer is made; the use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after morning 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, clothing stores, department stores, grocery stores, discount stores, jewelry stores, liquor stores, delicatessens, retail bakeries, and toy stores, but excludes restaurants, motor vehicle sales, and motor fuel stations. (b) Zoning districts and conditions. Retail is a permitted use in TC, C-1, and C-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-295. School, pre-K—12. (a) Definition. The term "pre-K—12 school" means an establishment primarily engaged in providing instructional services to elementary and secondary students with a curriculum that complies with state regulations. § 10-295ZONING CD10:99 (b) Zoning districts and conditions. Pre-K—12 school is permitted with conditions in R-S, R-1, R-2, and R-3 with the following conditions: (1) Access to the site shall be from a major or minor collector or arterial street as designated in the comprehensive plan. (2) Buildings shall be located at least 100 feet from any dwelling on adjacent property. (3) A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district. (4) An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-296. School, business/trade. (a) Definition. The term "business/trade school" means a post-secondary educational facility serving persons typically over 17 years of age 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. (b) Zoning districts and conditions. Business/trade school is permitted in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-297. Self-service storage facility. (a) Definition. The term "self-service storage facility" means 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. (b) Zoning districts and conditions. Self-service storage facilities are a: (1) Conditional use in C-3 with the following conditions: a. The building shall have interior compartment doors only. No exterior access to individual compartments is allowed. b. Maximum building height shall be two stories or 35 feet, whichever is less. c. No areas on site shall be utilized as residential dwelling units. d. If the proposed buildings are within 100 feet of an abutting property which is used or zoned residential, a minimum six-foot fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100 percent opacity in the form of a fence, wall, or berm along any residential zoning district. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement. § 10-295 PRIOR LAKE CODE CD10:100 e. Trash, dock areas, and mechanical equipment shall be screened in accordance with the landscaping and screening requirements of this chapter. f. No outdoor storage is permitted on site, including, but not limited to, vehicles, recreational vehicles, portable storage units, and construction materials. g. No storage of hazardous, explosive, or flammable materials in violation of the state fire code. h. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on the property. i. No amplified music/sound, nor wholesale or retail sales, nor garage sales are permitted. j. Exterior materials shall be in accordance with the design standards of this chapter. Each building wall visible from off site shall have a wall deviation at least every 40 feet that is a minimum depth of two feet. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five percent of each building façade can consist of bright or franchise colors. k. The site shall be maintained free of litter, odors, pests, and shall be cleaned of loose debris. l. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway. (2) Permitted use with conditions in I-1 with the following conditions: a. No compartment doors shall be allowed on a building façade which faces property in a residential zoning district. b. No areas on-site shall be utilized as residential living units. c. Maximum building height shall be two stories or 35 feet, whichever is less. d. If the proposed buildings are within 100 feet of an abutting property which is used or zoned residential, a minimum six-foot-tall fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100 percent opacity in the form of a fence, wall, or berm along any area visible from any property in a residential zoning district. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement. e. No outdoor storage is permitted on site, including, but not limited to, vehicles, recreational vehicles, portable storage units, and construction materials. f. No storage of hazardous, explosive, or flammable materials is permitted. g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. § 10-297ZONING CD10:101 h. Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted. i. Exterior materials shall be in accordance with the design requirements of this chapter. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five percent of each building façade can consist of bright or franchise colors. j. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-298. Senior housing. (a) Definition. The term "senior housing" means a building intended and operated for occupancy by persons 55 years of age or older, provided that at least 80 percent of the units are occupied by at least one person 55 years of age or older. (b) Zoning districts and conditions. Senior housing is permitted with conditions in R-2 and R-3 with the following conditions: (1) The density shall not exceed 30 dwelling units per acre. (2) The building design and placement must provide a residential environment with minimum exposure to noise and traffic. (3) Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided. (4) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (5) The property must contain a minimum of 200 square feet of usable open space per dwelling unit. Alternatively, public parks or plazas within 300 feet of the property may be used to meet this requirement. (6) A minimum of 25 percent of the usable open space on the property shall be developed as outdoor recreation or garden areas. (7) The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. (8) Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. § 10-297 PRIOR LAKE CODE CD10:102 (9) The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for senior housing. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-299. Senior housing with services establishment. (a) Definition. The term "senior housing with services establishment" means a building registered as a housing with services establishment by the state and providing supportive services (as defined in Minn. Stats. § 144G.08, subd. 67) or health-related services to at least 70 percent of the residents. (b) Zoning districts and conditions. (1) Senior housing with services establishments are permitted with conditions in R-2, R-3, and C-2 with the following conditions: a. The density shall not exceed 30 dwelling units per acre. b. The building design and placement must provide a residential environment with minimum exposure to noise and traffic. c. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. d. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. e. Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. f. The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for a senior housing with services establishment. g. The development shall provide a lounge or other inside community rooms providing a minimum of 15 square feet per unit. (2) In a C-2 zoning district, the use shall not be located on a prime commercial lot. A prime commercial lot is one that due to its location, street frontage, access, visibility, size or other features would be appropriate for a large or high-traffic commercial use. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-300. Service. (a) Definition. The term "service" means on-site service provided directly to an individual, including, but not limited to, barbershops, beauty shops, massage parlors, laundromats, and shoe repair shops. § 10-300ZONING CD10:103 (b) Zoning districts and conditions. Service is a permitted use in TC, C-1, and C-2. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-301. Shopping center. (a) Definition. The term "shopping center" means a group of commercial uses planned, developed 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. (b) Zoning districts and conditions. Shopping centers are a: (1) Permitted use with conditions in TC with the following conditions: a. Shopping center shall be under 150,000 square feet in gross floor area. b. Parking shall be provided on the property. (2) Permitted use with conditions in C-1 and C-2 for shopping centers under 150,000 square feet in gross floor area with the following conditions: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. b. All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential zoning district. (3) Conditional use in C-2 for shopping centers of 150,000 square feet or greater with the following conditions: a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. b. All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential zoning district. c. Any in-vehicle sales or service included in a shopping center must comply with the conditions for in-vehicle sales or service. d. Outdoor sales/display, other than permitted as a temporary outdoor display, shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and complies with the following additional conditions: 1. The size of the outdoor sales/display areas may be no greater than 30 percent of the ground floor building area of the associated principal uses and may be further restricted as deemed appropriate to the scale of the shopping center and associated indoor uses. § 10-300 PRIOR LAKE CODE CD10:104 2. A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. 3. No outdoor sales/display items other than plant materials may extend above the height of the wall. 4. Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal buildings and approved as part of the conditional use permit. e. All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal cart corrals. Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. f. Shopping centers may reserve at least ten percent of required parking spaces as landscaped open space for a minimum of two years after issuance of the certificate of occupancy. At any time during the first two years or thereafter, such open space shall be converted to parking if the zoning administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the planning commission if open space in excess of the minimum requirements is provided in other areas of the site. After two years, the open space may be converted to parking if deemed necessary by the property owners. g. Cumulative parking requirements may be reduced by up to 30 percent of required spaces at the sole discretion of the planning commission if one or more of the following are provided: 1. Proof of parking areas in excess of minimum required to be set aside as open space; 2. A written agreement to construct parking ramps or other means of satisfying parking requirements, when and if warranted as determined by the zoning administrator, based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking; 3. Joint parking/shared parking arrangements between uses; 4. Off-site employee parking, employee car/van pooling, or provision of employee transit passes; 5. Superior transit, pedestrian, or bicycle access and bicycle parking. § 10-301ZONING CD10:105 h. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. i. Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single-use buildings over 10,000 square feet and multiple-use buildings over 15,000 square feet that are constructed after adoption of the ordinance from which this chapter is derived must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this requirement. Such bufferyard must include a minimum five-foot-tall berm along its entire length, a double row of evergreen trees that are each a minimum of eight feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. j. Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. k. Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building wall deviation must be a minimum depth of two feet; if a 2:1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to one foot. l. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view. m. Shopping centers must include sidewalks along all public street rights-of-way and on-site pedestrian connections that are separated form parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. n. Shopping centers must provide either outdoor or indoor public plazas. Public plazas must have a minimum size of ten percent of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall food courts are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in subsection (b)(3)m of this section. o. The minimum property area is seven acres. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-302. Showroom. (a) Definition. The term "showroom" means 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. § 10-301 PRIOR LAKE CODE CD10:106 (b) Zoning districts and conditions. Showrooms are a: (1) Permitted use in TC for showrooms with 10,000 square feet or less maximum floor area. (2) Permitted use in C-2, C-3, and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-303. Small brewer. (a) Definition. The term "small brewer" means an establishment operating as a small brewer pursuant to chapter 4, article II. (b) Zoning districts and conditions. Small brewers are a: (1) Permitted use in TC. (2) Conditional use in C-2, C-3, and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the use shall be located a minimum of 100 feet from any property line located in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met: 1. All customer entrances to the use shall be through a vestibule area with an inside and outside door. 2. No outdoor amplified music, public address system, or outdoor special event is permitted. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-304. Stable, commercial. (a) Definition. The term "commercial stable" means a structure or land 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. § 10-304ZONING CD10:107 (b) Zoning districts and conditions. Commercial stables are a conditional use in A with the following conditions: The buildings in which animals are kept must be at least 100 feet from any property line. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-305. Stable, private. (a) Definition. The term "private stable" means an accessory structure or land area that is designed, arranged, used, or intended to be used for the keeping of horses for the private use of the occupants of the dwelling and their guests, but in no event for hire. (b) Zoning districts and conditions. Private stables are a permitted use in A. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-306. State-licensed residential facility. (a) Definition. The term "state-licensed residential facility" means a state-licensed 24-hour-per-day residential facility providing persons with care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment and resident staff who live together as a single housekeeping unit. The use includes group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state statute. Persons served may include the developmentally disabled or challenged, chemically dependent and severely physically disabled. (b) Zoning districts and conditions. State-licensed residential facilities are: (1) Permitted with conditions in A, R-S and R-1 with the following conditions: a. The facility may serve no more than six residents. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care. c. The dwelling unit structure shall provide one bathroom for each four persons under care. d. The dwelling unit structure shall provide one bedroom for each two persons under care. e. The use shall not be located within 1,500 feet of another state-licensed residential facility. (2) Permitted with conditions in R-2 and R-3 with the following conditions: a. The facility may serve no more than 16 residents. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care. § 10-304 PRIOR LAKE CODE CD10:108 c. The dwelling unit structure shall provide one bathroom for each four persons under care. d. The dwelling unit structure shall provide one bedroom for each two persons under care. e. The use shall not be located within 1,500 feet of another state-licensed residential facility. f. Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-307. State-licensed nonresidential facility. (a) Definition. The term "state-licensed nonresidential facility" means a state-licensed program providing care, supervision, rehabilitation, training of persons in a nonresidential, less than 24 hours per day setting, including adult day care. The use includes outpatient group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state statute. Persons served may include the developmentally disabled or challenged, chemically dependent and severely physically disabled. (b) Zoning districts and conditions. State-licensed nonresidential facilities are permitted with conditions in C-1 and C-2 with the following conditions: (1) Buildings shall be located at least 50 feet from any dwelling on adjacent property. (2) An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-308. Studio. (a) Definition. The term "studio" means a building where the practice or study of the visual and audio arts occurs, and may include painting, sculpting, photography, recording, radio and television studios. This use also includes gymnastic and dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. (b) Zoning districts and conditions. Studios are permitted in TC, C-1, C-2, and C-3. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-309. Temporary agricultural commodities. (a) Definition. The term "temporary agricultural commodity" means the temporary outdoor sale of Christmas trees or other agricultural commodities. § 10-309ZONING CD10:109 (b) Zoning districts and conditions. Temporary agricultural commodities are permitted with conditions in A, C-1, C-2, C-3, and I-1 with the following conditions: (1) May be located within required yards; but not within 15 feet of any public right-of-way or where prohibited by traffic visibility regulations in this chapter. (2) Shall not occur for more than 90 days within a calendar year on any parcel. (3) Shall not be permitted in any bufferyard. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-310. Temporary construction structure. (a) Definition. The term "temporary construction structure" means a temporary building or structure used for office and equipment storage incidental to an ongoing construction project on the parcel. (b) Zoning districts and conditions. Temporary construction structures are permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions: (1) No construction structure, except a temporary sales trailer as allowed in section 10-314, shall be permitted beyond the time necessary to construct the project. (2) No construction structure shall be located within the dripline of any trees which are designated to be saved under the approved tree preservation plan. (3) Construction structures may be located within required yards; but not within 15 feet of any public right-of-way. (4) No construction structure shall be located within an existing bufferyard. (5) All construction structures must be removed before a final occupancy permit is issued. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-311. Temporary on-site equipment and material storage. (a) Definition. The term "temporary on-site equipment and material storage" means on-site storage of equipment or materials related to an ongoing construction project on the parcel. (b) Zoning districts and conditions. Temporary on-site equipment and material storage is permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions: (1) Construction materials shall not be placed on a construction site unless a valid building permit has been issued for that construction. § 10-309 PRIOR LAKE CODE CD10:110 (2) Construction materials shall not be permitted on site after the completion of the project. (3) Construction materials may not be located within the dripline of any trees which are to be saved under the approved tree preservation plan. (4) Construction materials may be located within required yards, but not within 15 feet of any public right-of-way. (5) Any land that will be used to store any equipment or construction materials for a period exceeding 120 days shall be screened from view from any properties within a residential zoning district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-312. Temporary outdoor sales. (a) Definition. The term "temporary outdoor sales" means the display and sale or rental of merchandise or equipment outside of an enclosed building for a time not to exceed six months in a calendar year on any parcel. (b) Zoning districts and conditions. Temporary outdoor sales are permitted with condi- tions in TC, TC-T, and I-1 with the following conditions: (1) No merchandise or equipment shall be stored outdoors overnight. (2) Temporary outdoor sales areas which exceed 100 square feet shall be permitted for a period not to exceed four consecutive days or a total of 12 days in any calendar year. (3) Temporary sales shall be allowed only if associated with a permitted retail business operating within a building on the parcel in which the same or similar merchandise if offered for sale. (4) Temporary sales shall be permitted in required front, side, and rear yards unless prohibited by traffic visibility regulations in this chapter. (5) Temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public right-of-way. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-313. Temporary pollution abatement structures and equipment. (a) Definition. The term "temporary pollution abatement structures and equipment" means equipment or structures required to abate pollution on a parcel when the pollution abatement is required by the state pollution control agency. § 10-313ZONING CD10:111 (b) Zoning districts and conditions. Temporary pollution abatement structures and equipment are permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions: (1) Pollution abatement structures and equipment shall be permitted for a period not to exceed 60 months. If the abatement is not completed within 60 months, the period may be extended by the zoning administrator, provided that a statement is provided to the zoning administrator which shows the progress of abatement and an estimate of the length of time needed to complete the project. (2) Equipment and structures shall not displace required off-street parking. (3) Equipment and structures shall not be located within any required yards, except where it is demonstrated that no other areas exist on a designated parcel. (4) Structures shall meet all of the applicable architectural requirements of the zoning district in which they are located. (5) Any landscape materials which are displaced as a result of the structure or equipment shall be replaced when the structure or equipment is removed. (6) A letter of credit shall be filed before the installation of any structure or equipment to ensure its removal after pollution abatement is completed and to ensure the replacement of displaced landscape materials. (7) All equipment and structures shall be removed and landscape materials replaced within six months after the completion of the pollution abatement. Pollution abatement shall be considered to be complete when notice has been received from the state pollution control agency stating the abatement has been completed. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-314. Temporary sales trailers. (a) Definition. The term "temporary sales trailer" means a temporary structure within a residential development project for use as a sales or rental office for the units on the same site. (b) Zoning districts and conditions. Temporary sales trailers are permitted with condi- tions in R-1, R-2, and R-3 with the following conditions: (1) The sales trailer shall be removed at build-out of the project or when a model home is constructed, whichever occurs earlier. (2) No structure shall be located within the dripline of any trees which are designated to be saved under the approved tree preservation plan. (3) Sales trailers may be located within required yards; but not within 15 feet of any public right-of-way. (4) No structure shall be located within an existing bufferyard. § 10-313 PRIOR LAKE CODE CD10:112 (5) A paved parking area must be provided for the sales trailer. (6) Approval of a site plan is required prior to the placement of any sales trailer. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-315. Temporary seasonal structures or temporary seasonal cabins. (a) Definition. The term "temporary seasonal structure" or "temporary seasonal cabin" means a structure used or intended to be used in a seasonal manner and removed or sealed for the off season. (b) Zoning districts and conditions. Temporary seasonal structures or temporary seasonal cabins are permitted with conditions in A, R-S, R-1, R-2, C-1, C-2, C-3, and I-1 with the following conditions: (1) Seasonal structures may be used only for uses permitted within the underlying zoning district. (2) Seasonal structures shall not be permitted for a period of time exceeding six months in a calendar year. (3) Seasonal structures shall not be permitted within 15 feet of any public right-of-way. (4) No significant trees shall be removed for the placement of a seasonal structure. (5) Any landscaping material which is displaced by the seasonal structure shall be replaced upon removal of the temporary structure. (6) Seasonal structures shall not be permitted in any required bufferyards. (7) Approval of a site plan is required prior to the placement of any seasonal structures. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-316. Transportation facility. (a) Definition. The term "transportation facility" means the storage or layover of passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving vehicles, or similar uses (typically includes parking, storage of vehicles, and may include some maintenance). The use does not include parking of cars/vans/pickups that are accessory to a primary use. (b) Zoning districts and conditions. Transportation facilities are permitted with condi- tions in I-1 with the following conditions: (1) Parking areas shall be screened with fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. § 10-316ZONING CD10:113 (2) No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-317. Warehouse/storage/distribution. (a) Definition. The term "warehouse/storage/distribution" means 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. (b) Zoning districts and conditions. Warehouses/storage/distribution is a permitted use in C-3 and I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-318. Waste hauler. (a) Definition. The term "waste hauler" means 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 Minn. Stats. § 609.671. (b) Zoning districts and conditions. Waste haulers are permitted with conditions in I-1 with the following conditions: (1) The property shall not abut any property in a residential zoning district. (2) Storage of materials outside a principal building or enclosed container is not permitted. Outdoor storage of containers is subject to the screening requirements of this chapter. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-319. Wholesale. (a) Definition. The term "wholesale" means 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. § 10-316 PRIOR LAKE CODE CD10:114 (b) Zoning districts and conditions. Wholesale is a: (1) Permitted use with conditions in C-3 with the following conditions: a. The use shall occur entirely within an enclosed building. b. The use does not involve live animals. (2) Permitted use in I-1. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Sec. 10-320. Wind generators. (a) Definition. The term "wind generator" means a turbine having a large vaned wheel rotated by the wind to generate activity and extract usable energy from winds. (b) Zoning districts and conditions. Wind generators are a conditional use in I-1 with the following conditions: (1) All structures shall be located a minimum of 300 feet from any property line in a residential zoning district. (2) All structures shall be located a minimum of 100 feet from any property line in all districts other than a residential zoning district. (3) No light, sound or vibration originating from the structure shall be discernible at any property line in a residential use district. (Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023) Secs. 10-321—10-343. Reserved. DIVISION 5. NONCONFORMITIES Sec. 10-344. Purpose. The purpose of this division is to provide for the eventual elimination of all nonconforming uses and other nonconformities by: (1) Recognizing certain developments which lawfully existed prior to the effective date of the applicable provisions of this chapter. (2) Prohibiting the enlargement, intensification, expansion, rebuilding or extension of nonconformities. (3) Provide criteria which provide for the reconstruction of nonconforming uses which are damaged by fire or other natural disaster. (4) Encouraging the elimination of nonconformities or minimizing their impact on adjacent properties. (5) Requiring certain nonconformities either to comply or terminate. § 10-344ZONING CD10:115 (6) Providing an equitable system for the termination of certain nonconformities. (Prior Code, § 1123.100) Sec. 10-345. Applicable state statutes; general requirements. (a) Applicable state statutes. All nonconformities are subject to the provisions of this division as well as Minn. Stats. § 462.357, subd. 1e. If the provisions of this division are in conflict with said subd. 1e, the more restrictive provision shall apply. Nothing in this division shall be construed to permit a violation of any section of this chapter or the continuation of any nuisance, unsafe or unsanitary condition. (b) General requirements. A legal nonconformity existing at the time of the applicable provisions of this chapter may be continued only as follows: (1) Damaged or destroyed structures. If the cost to repair a nonconformity involving a damaged structure is more than 50 percent of the county assessor's market value of the structure at the time of the damage, the structure shall be removed or made to conform to this chapter within 12 months of the occurrence of the damage; except that if the structure is legally nonconforming and the structure is destroyed by fire or other natural disaster, the structure may be rebuilt if a building permit for reconstruction is issued within 180 days of its destruction. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other natural disaster to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, a variance will be required if the structure setback from the ordinary high-water elevation is less than 50 percent of the required setback. (2) Reduction in nonconformity. Any nonconformity which is reduced in size, intensity or otherwise becomes more conforming may not again expand or become less conform- ing. Removal of a structure, relocation, reduction, or elimination of any site element, such as outdoor storage, is a reduction in intensity. (3) Conditional use permits. The city may not issue a conditional use permit for any property which contains a nonconformity unless the nonconformity is removed as a condition of the conditional use permit. (4) Nonconforming signs. All nonconforming signs must be brought into compliance with this chapter or removed within one year from the effective date of the applicable provisions of this chapter. (5) Nonconforming parking. Any land use which does not provide the number of parking spaces required by this chapter may remain as a nonconformity; however, the land use may not be expanded or intensified unless it provides the parking spaces required under this chapter for the expansion or intensification. A use will be considered to be expanded or intensified if any of the following occur: a. The floor area is increased. § 10-344 PRIOR LAKE CODE CD10:116 b. The parking requirement is increased. c. The building bulk is increased. d. The zoning administrator determines the use has expanded or intensified. (6) Side yard setback. a. Nonconforming lots of record in the R-1 and R-2 zoning districts may have side yards of not less than five feet if the following criteria are met: 1. The sum of the side yards on the nonconforming lot is at least 15 feet. 2. No yard encroachments, as permitted below, are located within five feet of an adjoining lot. 3. A minimum separation of 15 feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot. b. Nonconforming lots of record in the R-1 and R-2 zoning districts may have side yards of not less than five feet for a side yard which directly abuts an outlot area designated for public drainage or utility lines if the following criteria are met: 1. No fences, walls, accessory structures, or overhangs are allowed within the outlot area. (Prior Code, § 1123.200) Sec. 10-346. Nonconforming property. (a) Buildable conditions. Any property which does not conform with the lot area, lot depth or lot width requirements of the zoning district in which the property is located shall not be a buildable lot unless the property qualifies under one of the provisions in this section. The requirements outlined herein are intended to define the conditions under which a nonconform- ing property may be developed without a variance. Development on nonconforming property which does not comply with these criteria may only be considered after application for, and approval of, appropriate variances. (b) Purpose. The purpose of regulating development on substandard property is to coordinate development to ensure environmentally sensitive development, ensure compat- ibility with surrounding existing development and to allow for combination of property to the extent possible. (c) Existing structure. A parcel which does not conform with the lot area or lot width requirements of the zoning district in which the parcel is located shall not be a buildable lot unless the parcel already contains an occupiable structure. (d) Combine lots. A structure on a parcel which does not meet the area or width requirement of this chapter shall not be expanded or enlarged unless the parcel is combined with one or more abutting lots or parcels to create a lot meeting the requirements of this chapter. § 10-346ZONING CD10:117 (e) Lot of record; generally. A lot of record outside of the shoreland overlay district is buildable only subject to the following requirements: (1) A lot of record as of June 1, 2009, in the R-1 or R-2 use district which does not meet the area or the width requirements of this chapter may be utilized for single-family detached dwelling purposes if the dimensions of its area and width are at least 67 percent of the requirements of this chapter. (2) Any single-family detached dwelling which exists on June 1, 2009, the effective date of the ordinance from which this section is derived, on any nonconforming lot located in the R-1 or R-2 use district which is later destroyed by fire or other natural disaster may be rebuilt if a building permit for reconstruction is issued within 365 days of its destruction and if the building otherwise conforms with the provisions of this chapter. This provision allows a structure to be rebuilt as long as it meets setback, lot coverage, impervious surface and other applicable provisions. If the structure does not meet these standards, a variance will be required. (3) Two or more contiguous nonconforming lots of record under single ownership shall be considered to be one parcel for the purpose of this chapter, and no portion of the parcel shall be used or sold separately unless each separate parcel can meet the lot area and lot width requirements. (4) Two or more nonconforming lots of record under single ownership separated by a private road or driveway may be combined and used as a single buildable lot under the following circumstances: a. The property owner must apply to the city for approval of a lot combination. b. The property owner must file a deed restriction or covenant with the county recorder in a form acceptable to the city attorney. This deed restriction or covenant must include provisions that restrict the resubdivision of the lot. c. There must be an existing principal structure on one lot. d. The location of the principal structure on the lot must preclude the ability to construct a legal accessory structure on that lot. e. Any structures on the combined lots must meet the minimum setbacks of the use district in which it is located. f. In those cases where a detached accessory structure is to be located on the portion of the lot which is separated from the principal structure by the private road or driveway and there are existing residential structures adjacent to or in close proximity to the proposed structure, the planning commission shall hold a public hearing on the request upon receipt of an application and following the notice requirements for a variance pursuant to this chapter. In evaluating the application, the planning commission shall not apply the criteria for variances but instead shall determine whether the design and location of the detached accessory structure is compatible with the surrounding properties in terms of architecture, buildings materials and placement on the lot. § 10-346 PRIOR LAKE CODE CD10:118 (f) Lot of record; shoreland. (1) All areas. Development of all nonconforming lots of record in the shoreland overlay district existing upon the effective date of the applicable provisions of this chapter shall comply with the following: a. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, only if it meets the following requirements: 1. The lot must be at least 67 percent of the dimensional standard for lot width and lot area; 2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; 3. Impervious surface coverage must not exceed 30 percent of each lot; and 4. Development of the lot must be consistent with an adopted comprehensive plan. b. A lot subject to subsection (f)(1) of this section not meeting the requirements of subsection (f)(1)a of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. c. Notwithstanding subsection (f)(1)b of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system or connected to a public sewer. d. In evaluating all variances, zoning and building permit applications, or interim or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation- designed actions. e. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (2) Sewered areas. In addition to the regulations in subsection (f)(1) of this section for development of a nonconforming lot of record in the shoreland overlay district, a nonconforming lot of record in the shoreland overlay district existing upon the effective date of the applicable provisions of this chapter in a residential district, § 10-346ZONING CD10:119 located adjacent to a general development or recreational development lake may be utilized for single-family detached dwelling purposes, only provided that all of the conditions of this subsection apply: a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet. b. The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development. c. The lot was created compliant with official controls in effect at the time. d. The development plans shall be in conformance with the policies for residential development as outlined in the comprehensive plan. e. The development plan shall not exceed 30 percent impervious surface coverage. f. Development shall be in conformance with the erosion and sediment control requirements of the city public works design manual. g. A complete grading and drainage plan shall be submitted to the city engineer for review. Such plans shall be prepared in accordance with the city public works design manual. h. The lot and proposed structure shall meet all other performance standards of the zoning and building codes. (g) Nonconformity as a result of government action. (1) If a governmental body takes land by exercise of its right of eminent domain and by that taking creates a parcel which does not conform to the width, area, or yard requirements of this chapter, the nonconforming parcel shall become a legal nonconforming parcel and may be used thereafter only by complying with the provisions of this division. The same nonconforming status of the parcel will result if the governmental body acquired the land by negotiation rather than by condemna- tion. (2) If the owner of a property which becomes a legal nonconforming parcel as the result of a governmental taking applies for a variance to reinstate the legal status to the property, the governmental taking shall constitute a hardship for the purpose of the variance. (Prior Code, § 1123.300) Sec. 10-347. Nonconforming uses. (a) Generally. Pursuant to Minn. Stats. § 462.357, subd. 1e, a legal nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Intensification shall include, but not be limited to, increased hours of operation, expansion of the use to a portion of the property not previously used, expansion of a parking area and increased number of employees. § 10-346 PRIOR LAKE CODE CD10:120 (b) Termination of rights through discontinuance. If a legal nonconforming land use terminates operations or use for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use shall be deemed discontinued and all nonconforming rights are terminated and any future use of the land must comply fully with this chapter. Other evidence of discontinuance of the operation or use includes, but is not limited to, the following factors: (1) Filing of a petition for tax abatement; (2) Notice of tax forfeiture; (3) Disconnection of utilities; (4) Boarding up and securing of building; (5) Voluntary destruction of the building or property; (6) Voluntary change to a conforming land use; (7) Unpermitted and illegal change from one nonconforming land use to another; (8) Change in business practices; (9) Lease or conveyance of property for a different use, including sublease of the premises for another nonconforming use or the same use conducted by another tenant. (c) Permitted construction. Construction is permitted for a nonconforming use on a property only under the following circumstances: (1) Where a legal nonconforming land use exists and where the construction is determined by the building official to be necessary to bring the building into compliance with applicable health and safety codes. (2) Where the construction would allow additions and alterations to buildings contain- ing legal nonconforming residential units, provided they comply with the following: a. The construction will not result in an increase in the number of dwelling units. b. The building (parcel) is not located in an area which the council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document or process which specifically outlines the area to be redeveloped and may include timeliness or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structures and other similar activities. (d) Reduction in intensity. A nonconforming land use may be changed to a less intense nonconforming land use subject to approval by the zoning administrator. The property owner or tenant has the burden of providing evidence that the proposed land use is less intense § 10-347ZONING CD10:121 than the existing nonconforming land use. The zoning administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to, each of the following factors: (1) Hours of operation; (2) Signage; (3) Off-street parking and loading; (4) Nature of business operations; (5) Type of equipment or machinery; (6) Outdoor storage; (7) Number of employees; (8) Aesthetic impacts on surrounding property; (9) Property values. (Prior Code, § 1123.400) Sec. 10-348. Nonconforming structure. (a) Generally. Pursuant to Minn. Stats. § 462.357, subd. 1e, a legal nonconforming structure may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Expansion shall include, but not be limited to, larger footprint, increased number of floors, and increased impact on setbacks, yards or bufferyards. (b) Termination of rights through discontinuance. If a legal nonconforming structure is destroyed or unusable for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use of the structure shall be deemed discontinued and all nonconforming rights are terminated and the structure must be brought into compliance with this chapter. Other evidence of discontinuance of use of the structure includes, but is not limited to, the following factors: (1) Filing of a petition for tax abatement; (2) Notice of tax forfeiture; (3) Disconnection of utilities; (4) Boarding up and securing of building; (5) Voluntary destruction of the building or property; (6) Voluntary change to a conforming structure; (7) Unpermitted and illegal change from one nonconforming structure to another; (8) Change in business practices; § 10-347 PRIOR LAKE CODE CD10:122 (9) Lease or conveyance of property for a different use, including sublease of the premises for another nonconforming use or the same use conducted by another tenant. (c) Permitted construction. Only in the following cases is construction permitted on or within a legal nonconforming structure: (1) Construction which is determined by the building official to be necessary to bring the structure into compliance with applicable health and safety codes. (2) Construction which does not extend, expand or intensify the nonconformity. (3) Routine maintenance and nonstructural alterations and repairs that do not extend the useful economic life of the structure. (d) Reduction in intensity. A nonconforming structure may be changed to a less intense nonconforming structure subject to approval by the zoning administrator. The property owner or tenant has the burden of providing evidence that the proposed structure is less intense than the existing nonconforming structure. The zoning administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to, each of the following factors: (1) Footprint; (2) Number of floors; (3) Impact on setbacks, yards or bufferyards; (4) Quality or aesthetic improvements. (Prior Code, § 1123.500) Sec. 10-349. Expansion of a nonconforming restaurant use. (a) Purpose. The purpose of this section is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (b) Findings. The city council finds that the city and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconform- ing use to the site and neighborhood based on the conditions set forth in this section based upon the following findings: (1) Based upon Minn. Stats. § 462.357, subd. 1e, the city is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. (2) Property legally described as Lot 20, Green Heights First Addition, lying east of a line commencing 50 feet east of the south corner northwest to a point 63 feet northeast of the northwest corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 ("Project Site A") has a nonconforming use due to § 10-349ZONING CD10:123 the principal building's lake setback and its first floor elevation in the floodplain. The lot is conforming in the shoreland district by meeting zoning minimum lot dimensional standards for the R-2 Medium Density Residential Zoning District. (3) Property legally described as Lot 7, Green Heights First Addition, city of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 ("Project Site B") is a nonconforming lot in the R-1 Low Density Residential Zoning District with a 75-foot lot frontage compared to the 86-foot minimum. The lot area of 15,000 square feet is above the 12,000-square-foot minimum. (4) The state department of natural resources (DNR), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this mooring facility with the restaurant. (5) An application was received by the city from the developer to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the "project site"). (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Nonconforming or nonconformity means any development, including, but not limited to, structures, signs, site lighting, off-street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of the ordinance from which this chapter is derived, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of this chapter. (d) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: (1) The project site shall be developed in accordance to the site plan revised January 27, 2015, or as may be further amended and approved by the city, and incorporated into this chapter. (2) Project Site B shall always be used in conjunction with Project Site A. (3) The restaurant building shall be set back a minimum of 25 feet from the ordinary high-water level of Upper Prior Lake. (4) The restaurant building shall be set back a minimum of ten feet from the side property lines, and a minimum of 25 feet from the front property line. (5) No deck area shall encroach upon the ordinary high-water level elevation. (6) The maximum impervious surface for the project site shall be 75 percent. (7) A minimum of 80 off-street parking stalls shall be provided on the project site. (8) The restaurant/bar operations shall be limited to the following hours: a. Monday—Thursday: 11:00 a.m. to 11:00 p.m.; § 10-349 PRIOR LAKE CODE CD10:124 b. Friday—Saturday: 9:00 a.m. to 1:00 a.m.; and c. Sunday: 9:00 a.m. to 11:00 p.m. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday. (9) The restaurant/bar operations shall be allowed extended holiday hours on up to eight calendar dates per year. a. A schedule of up to eight holidays shall be provided to the city manager by May 15 each year. Any revisions to the schedule shall be provided to the city manager at least seven days in advance of any newly scheduled or rescheduled event; b. Indoor restaurant/bar holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00 a.m.; and c. Outdoor restaurant/bar holiday hour operations shall be limited to the following hours: 9:00 a.m. to 12:00 midnight. (10) Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. (11) The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use. (12) The parking lot on Project Site B shall be designed for a maximum of 30 to 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the city's Type C bufferyard requirements, allowing plantings to be off site on neighboring properties, if necessary. (13) No outdoor music of any kind shall be allowed past 10:00 p.m. Monday through Sunday. All outdoor music shall be subject to chapter 4, article VIII, relating to public and private gatherings, except for outdoor amplified dinner music, live or otherwise ("dinner music"), which shall be permitted subject to the following conditions: a. Dinner music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday; b. Dinner music may only be played 20 days per year; c. Dinner music shall not exceed a decibel level of 65 decibels as measured at a distance of 100 feet from the event site; d. Dinner music is subject to chapter 5, article IV, relating to public nuisances; § 10-349ZONING CD10:125 e. A schedule of dinner music dates shall be provided to the city manager by May 15 each year. Any revisions to the schedule shall be provided to the city manager at least seven days in advance of any newly scheduled or rescheduled event; and f. If dinner music violates any provision of this section or any other provision of this chapter in the city council's sole discretion, the city council may immediately prohibit all future dinner music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the city council in the city council's sole discretion. (14) A minimum of ten designated off-street employee parking stalls shall be provided on the project site. (15) All other regulations of this chapter not exclusively specified herein shall be followed. (Prior Code, § 1123.600) Secs. 10-350—10-369. Reserved. DIVISION 6. COMMUNICATION TOWERS Sec. 10-370. Purpose and intent. In order to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the city, the city council finds these regulations are necessary to: (1) Maximize the use of existing and approved towers and buildings to accommodate new equipment in order to reduce the number of new towers necessary to serve the city. (2) Ensure towers are designed, located and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the tower through structural standards and setback requirements. (3) Require tower equipment to be screened from the view of persons located on properties contiguous to the site or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of towers. (Prior Code, § 1125.100) Sec. 10-371. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Equipment means any tangible asset placed upon a tower, including, but not limited to, conduits, cables, wires, antennae, dishes, and other attachments. § 10-349 PRIOR LAKE CODE CD10:126 Tower means any ground or roof-mounted pole, spire, structure, or combination thereof, and any attached equipment, which is taller than ten feet. (Prior Code, § 1125.200) Sec. 10-372. Application and scope. Except as otherwise stated herein, this division applies to all towers except for those towers located in the right-of-way which are governed by chapter 8, article VIII. (Prior Code, § 1125.300) Sec. 10-373. Building permit required. No tower or equipment shall be constructed, altered or expanded without first obtaining a building permit. (Prior Code, § 1125.400) Sec. 10-374. Zoning districts. Towers are allowed as permitted with conditions in all zoning districts subject to the conditions and requirements of this division. (Prior Code, § 1125.500) Sec. 10-375. Height restrictions. (a) Height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all equipment. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restriction of this section. (b) Maximum height. Except as provided below, maximum heights for towers are as follows: (1) In all residential zoning districts, towers shall not exceed 45 feet. (2) In all town center zoning districts, towers shall not exceed 45 feet. (3) In all commercial, business and industrial zoning districts, towers shall not exceed one foot for each four feet the tower is set back from the nearest lot line in a residential zoning district up to a maximum of 52.5 feet. (4) In all agricultural zoning districts, towers shall not exceed one foot for each four feet the tower is set back from the nearest lot line in a residential zoning district up to a maximum of 112.5 feet. (c) Exceptions. The following are exceptions to the maximum height restrictions for towers: (1) Amateur radio antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission (FCC), towers supporting amateur radio § 10-375ZONING CD10:127 antennas that comply with all other requirements of this division are exempted from the height limitations of this section up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals. Subject to approval of a conditional use permit, the planning commission may permit heights above the 70-foot height limitation if deemed necessary to permit reasonable use of an FCC license. (2) Conditional use permit. Subject to approval of a conditional use permit, the planning commission may permit heights in excess of those set forth in this section upon determining that the proposed height is reasonably necessary. (Prior Code, § 1125.600) Sec. 10-376. Setbacks and siting. Towers shall conform to each of the following minimum setback requirements: (1) In all residential zoning districts, the required setback for a tower shall be equal to the height of the tower, including all equipment. (2) In all districts other than residential zoning districts, towers shall meet the principal structure setbacks of the underlying zoning district with the exception of the I-1 zoning district, where towers may be located five feet from the rear property line, provided that the rear property line abuts another property in the I-1 zoning district and the tower does not encroach on any drainage or utility easements. (3) No more than one tower may exist at any one time on a property in a residential zoning district. (4) Towers shall not be located in any drainage or utility easement absent written permission from the holder of the easement. (5) Towers shall not be located between a principal structure and a public street, with the following exceptions: a. In the I-1 zoning district, towers may be placed within a side yard abutting a street if the street is abutted on both sides by the industrial zoning district. b. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. (6) Subject to approval of a conditional use permit, the planning commission may permit reduction of a tower's setback or variation of a tower's location to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device, or similar structure. (Prior Code, § 1125.700) Sec. 10-377. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other § 10-375 PRIOR LAKE CODE CD10:128 federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate parking lots or other similar areas may be attached to the tower. (Prior Code, § 1125.800) Sec. 10-378. Signs and advertising. No sign, advertising or identification of any kind intended to be visible from the ground or other structure is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities. (Prior Code, § 1125.900) Sec. 10-379. Design. Towers and equipment shall meet the following requirements: (1) Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of building materials, colors, texture, screening, landscaping and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. (2) Towers shall be of a monopole design. Alternative designs which would better blend into the surrounding environment may be approved by the planning commission through a conditional use permit. (3) Towers shall be designed and constructed in a manner that ensures no light, sound or vibration originating from the tower is discernible at the lot line of any property in a residential zoning district. (Prior Code, § 1125.1000) Sec. 10-380. Accessory equipment shelters. Equipment shelters are permitted as an accessory use to a tower subject to the following regulations: (1) An equipment shelter shall not exceed 336 square feet in area. (2) Exterior building materials for equipment shelters shall be brick or a material which simulates the appearance of a brick fascia and shall be architecturally compatible with the surrounding area. (3) Equipment shelters must meet the setbacks of the underlying zoning district, except that setbacks between equipment shelters may be varied so long as the proximity does not create a health or safety issue. (4) There shall be no outside storage permitted as part of the equipment shelter. § 10-380ZONING CD10:129 (5) In order to avoid unsightliness and to mitigate against possible diminution in property values, the location and placement of an equipment shelter shall be subject to site plan review. The site plan must receive approval of the community development director, the city engineer and the building official. (Prior Code, § 1125.1100) Sec. 10-381. Abandoned or unused towers or portions of towers. Abandoned or unused towers or equipment or portions thereof shall be removed as follows: (1) All abandoned or unused towers and equipment shall be removed within 12 months of the cessation of operations at the site. If the tower is leased, a copy of the relevant portions of a signed lease which required the applicant to remove the tower and equipment upon cessation of operations at the site shall be submitted at the time of application for a building permit. In the event a tower or equipment is not removed within 12 months of the cessation of operations at the site, the tower and equipment may be removed by the city and the costs of removal may be assessed to the property owner. (2) After the tower or equipment is removed, the site shall be restored to its original or an improved state. (Prior Code, § 1125.1200) Sec. 10-382. Co-location. All towers shall comply with the following requirements: (1) A new tower will not be approved unless the applicant demonstrates that the equipment cannot be accommodated on an existing tower or that a good faith effort to co-locate on existing towers was made, but an agreement could not be reached. (2) All towers shall be designed and constructed to accommodate future co-location of equipment unless the applicant demonstrates that such design or construction is impractical. The applicant shall state in its application that it shall use good faith efforts to permit co-location, provided the additional user agrees to reasonable terms and the additional equipment will not have a demonstrable negative impact on structural integrity or service. (Prior Code, § 1125.1300) Sec. 10-383. Exceptions. The regulations in this division shall not apply to public safety towers. (Prior Code, § 1125.1400) Secs. 10-384—10-409. Reserved. § 10-380 PRIOR LAKE CODE CD10:130 ARTICLE IV. OVERLAY DISTRICTS DIVISION 1. GENERALLY Secs. 10-410—10-431. Reserved. DIVISION 2. SHORELAND REGULATIONS Sec. 10-432. Overlay. The shoreland overlay district is a district that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district. The shoreland overlay district includes all areas defined as shoreland by this chapter. (Prior Code, § 1130.100) Sec. 10-433. General provisions. (a) Statutory authorization. The ordinance from which this division is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. R. 6120.2500—6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. (b) Policy. The uncontrolled use of shorelands of the city 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 state legislature 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 recognized by the city. (c) Riparian defined. For purposes of the regulations in this division only, the term "riparian" includes all property which is located in whole or in part within 75 feet of the ordinary high-water level of a protected water listed in section 10-434(a). (Prior Code, § 1130.200) Sec. 10-434. Designation of types of land use. (a) Shoreland management classification. In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the city have been given a shoreland management classification. These protected waters of the city have been classified by the commissioner of natural resources according to the DNR protected waters maps for Scott County as follows: § 10-434ZONING CD10:131 Protected Waters DNR ID No. OHWL Natural Environment Lakes Howard Lake 70007300 957.2 Pike Lake 70007600 820.5 Unnamed (Arctic Lake) 70008500 906.7 Keup's Lake (Mystic Lake) 70007900 960.0 Hass Lake 70007800 907.3 Campbell Lake 70005600 925.5 Crystal Lake 70006100 943.3 Rice Lake 70006000 945.0 Cleary Lake 70002200 937.8 Recreational Development Lakes Markley Lake 70002100 893.2 Unnamed (Blind Lake) 70005300 948.7 Unnamed (Jeffers Pond) 70007700 866.1 General Development Lakes Spring Lake 70005400 912.8 Lower Prior Lake 70002600 903.9 Upper Prior Lake 70007200 903.9 Public Water Watercourse Legal Description (From) Legal Description (To) Unnamed to Upper Prior Lake (Spring Lake Outlet) Township 114N, Range 22W, Section 4 Township 114N, Range 22W, Section 3 Channel to Lower Prior Lake Township 115N, Range 22W, Section 35 Township 115N, Range 22W, Section 35 Unnamed Tributary (Prior Lake Outlet Channel) Township 115N, Range 22W, Section 27 Township 115N, Range 22W, Section 14 (b) Shoreland district. The shorelands of the city are 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. The uses allowed or prohibited in the shoreland overlay district and any related conditions are those uses and conditions set forth in the underlying zoning district; however, this shoreland overlay district imposes additional requirements above those required by the underlying zoning district. (Prior Code, § 1130.300) § 10-434 PRIOR LAKE CODE CD10:132 Sec. 10-435. Zoning provisions. The following standards shall apply to all shorelands of the protected waters listed in section 10-434 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, lot area, width and setback requirements. a. Natural environment lakes. Riparian Lots Non-Riparian Lots Area Width Area Width Single 10 acres 330 feet 10 acres 330 feet b. Public water watercourses. Riparian Lot Widths Single-family 100 feet Duplex 150 feet Triplex 200 feet Quad 250 feet There are no minimum lot area requirements for public water watercourses. c. Setback requirements. Recreational Development Lakes Public Water Watercourses Structure setback from OHWL (feet) 150 100 Unplatted cemetery (feet) 50 50 Structure height limitation (feet) 35 35 Sewage system setback from OHWL (feet) 150 75 (2) Sewered lakes, lot area, width and setback requirements. a. Natural environment lakes. Riparian Lots Non-Riparian Lots Area (sq. ft.) Width (ft.) Area (sq. ft.) Width (ft.) Single1 40,000 125 20,000 100 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 1For non-riparian lots within the Hass Lake shoreland district, the minimum lot area shall be 12,000 square feet and the minimum lot width shall be 86 feet. § 10-435ZONING CD10:133 b. Recreational development lakes. Riparian Lots Non-Riparian Lots Area (sq. ft.) Lot Width (Front) (ft.) Width at OHW (ft.) Area (sq. ft.) Lot Width (Front) (ft.) Single 15,000 90 75 12,000 86 Duplex 35,000 135 75 26,000 135 Triplex 50,000 195 75 38,000 190 Quad 65,000 255 75 49,000 245 c. General development lakes. Riparian Lots Non-Riparian Lots Area (sq. ft.) Lot Width (Front) (ft.) Width at OHW (ft.) Area (sq. ft.) Lot Width (Front) (ft.) Single 15,000 90 75 12,000 86 Duplex 26,000 135 75 17,000 135 Triplex 38,000 195 75 25,000 190 Quad 49,000 255 75 32,000 245 d. Public water watercourses. Riparian Lot Widths (ft.) OHWL Lot Width (ft.) Single 86 75 Duplex 115 75 Triplex 150 75 Quad 190 75 There are no minimum lot area requirements for public water watercourses. e. Setback requirements. Natural Environment Lakes Recreational Development Lakes General Development Lakes Public Water Watercourses Structure setback from OHWL (feet) 150 75 75 75 Unplatted cemetery (feet) 50 50 50 50 Structure height limitation (feet) 35 35 35 35 § 10-435 PRIOR LAKE CODE CD10:134 (3) Bluff impact zones and bluff setbacks. Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones or bluff setbacks except for the following: a. An expansion of a legally nonconforming principal structure that does not meet the bluff setback is permitted provided that: 1. The expansion is lateral to the existing intrusion into the setback and does not project any further into the setback than an extension of a line drawn along the edge of the existing intrusion; 2. The expanded structure is in harmony with the general purpose and intent of this chapter, consistent with the comprehensive plan and will not alter the essential character of the locality; and 3. The structural footprint of the expansion into the bluff setback shall not exceed 500 square feet. b. Retaining walls shall not be permitted in the bluff impact zone or bluff setback except for the following: 1. Construction on an existing retaining wall that consists of the repair or exact replacement of the existing wall, provided the grade of the land within the bluff impact zone or bluff setback and the location and size of the retaining wall do not change and the new retaining wall will create no more impact in the bluff impact zone or bluff setback than was caused by the existing retaining wall. 2. If there are no existing walls in the bluff impact zone or bluff setback, construction of a single retaining wall less than four feet in height and not longer than the width of the property as measured by a straight line perpendicular to the side lot lines at the structure setback from the OHWL. The proposed wall shall be a minimum of 25 feet from the OHWL. 3. A zoning permit shall be obtained prior to the replacement, repair or construction of any wall identified in subsection (3)b.1 or 2 of this section, provided that a zoning permit is not necessary if a building or grading permit is obtained. 4. Application for a zoning permit shall be on a form furnished by the city and shall be submitted to the zoning administrator. The zoning administrator shall review the application for compliance with all applicable provisions of this chapter and for the effect of the wall on public health, safety, and welfare. (4) Engineering reports required. When a building permit is required, the following shall be submitted. a. Prior to any construction, a report and calculations prepared and signed by a professional engineer licensed by the state on the bluff stability and the impact any excavation, fill or placement of structures will have on the site and whether § 10-435ZONING CD10:135 the excavation, fill, or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall include the following: 1. The global failure plane determination of the slope substantiated by at least one soil boring at an appropriate depth and location. 2. Analysis of the land influence zone and its intersection with the failure plane based on the soil type. 3. The engineer's recommendations for the proper design and maintenance of a drainage system so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. 4. If the initial determination indicates that the load influence zone intersects or falls within the global failure plane, a global stability analysis of the bluff shall be required. b. After construction is complete, an as-built survey and post-construction report completed by a professional engineer licensed by the state that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to. (5) Impervious surface coverage. Impervious surface coverage for lots in all use districts shall not exceed 30 percent of the lot area, except as provided in the following provisions. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application. a. An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of stormwater runoff are in compliance with the city local surface management plan (LSWMP) and approved by the city engineer. b. In all C and I zoning districts and for park/open space uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the city public works design manual (PWDM) and is approved by the city engineer, provided the impervious surface coverage does not exceed 75 percent of the total parcel and provided the following stipulations are met: 1. All structures, additions or expansions shall meet setback and other requirements of this chapter. 2. The parcel shall be served by municipal sewer and water. § 10-435 PRIOR LAKE CODE CD10:136 3. Stormwater is collected and treated in compliance with the city PWDM. c. Impervious surface coverage for all C and I zoning districts and for park/open space uses may be allowed to exceed 75 percent of the total parcel or exceed existing conditions on the parcel which are over 75 percent, provided the following stipulations are met: 1. A conditional use permit is submitted and approved as set forth in this chapter. 2. Improvements shall be constructed in compliance with the city PWDM. 3. All the conditions in subsection (5)b of this section are satisfactorily met. (6) Additional special provisions. a. Residential subdivisions with dwelling unit densities exceeding those allowed in the underlying zoning district shall only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high-water level of public water can be used to meet lot area standards, and lot width standards shall be met at both the ordinary high-water level and at the building line. b. Subdivisions of twinhomes, rowhomes or multifamily dwellings where any part of the development abuts a natural environment lake shall also meet the following standards: 1. Each building shall be set back at least 200 feet from the ordinary high-water level; 2. Each dwelling unit shall be separately served by public utilities, none of which are shared; 3. Watercraft docking units shall be separately served by public utilities, none of which are shared; 4. No more than 25 percent of a lake's shoreline can be in twinhome, rowhome or multifamily dwelling developments. c. Dedicated waterfronts are allowed only in R-1 zoning district. No new dedicated waterfront may be established after January 1, 2016. Dedicated waterfronts are permitted a maximum of one boat slip for every 18.75 feet of lot width as measured at the ordinary high-water level. (7) Placement, design, and height of structures. a. Piers and docks. Setback requirements from the ordinary high-water level shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations. b. Setback requirements for residential structures. On shoreland parcels that have two adjacent parcels with existing principal structures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the § 10-435ZONING CD10:137 ordinary high-water level 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 parcels adjacent to an undeveloped shoreland parcel 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 parcel is adjacent to two other undeveloped shoreland parcels. In no instance shall a principal structure be located in a shore impact zone, a bluff impact zone, or a bluff setback. 1. The following shall not be considered encroachments into the shore impact zone, bluff impact zone or the bluff setback: (i) Eaves, gutters and basement egress windows, provided they do not extend more than two feet into a yard, and provided such encroach- ment is no closer than five feet from any property line. (ii) Yard lights and nameplate signs for one- and two-family dwellings in the R-1, R-2 and R-3 districts. (iii) Floodlights or other sources of light illuminating authorized signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the applicable parking, signage and lighting regulations. (iv) Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of five feet from any property line. (v) Canopies no more than 12 feet wide are permitted in the R-3, C-1, C-2, C-3 and I-1 zoning districts if they are open at the sides, comply with traffic visibility regulations and provide 14 feet of clearance if located over any access roadway or fire lane. 2. The following recreational equipment shall not be encroachments on the shore impact zone, bluff impact zone or the bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, fire pits, utility trailers, jet skis, snowmobiles and other lake-oriented items. 3. Additional regulations regarding encroachments allowed in front, rear, and side yards are located in the underlying zoning district regulations. 4. Decks not meeting all required setbacks may be replaced if the following criteria are met: (i) The deck existed on the date the structure setbacks were established; (ii) The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; (iii) The deck is not roofed or screened; and (iv) The existing deck is not located within an easement, right-of-way, or over a property line. § 10-435 PRIOR LAKE CODE CD10:138 c. Lowest floor level and lowest opening. 1. All structures must be placed in accordance with any floodplain regula- tions applicable to the site. Where floodplain regulations do not apply to a property, all structures must be placed in accordance with the public works design manual with regard to lowest floor level and lowest opening, including, but not limited to, structures abutting structural stormwater BMP as defined in the city's MS4 permit. 2. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined by the public works design manual if the structure is constructed of flood-resistant materials to the flood elevation; electrical and mechanical equipment are placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. d. Water-oriented accessory structures. 1. One water-oriented accessory structure per riparian parcel may be allowed to be located closer to the lakeshore ordinary high-water level (OHWL) than the normal structural setback requirement on general development lakes that have municipal sewer and water; provided a building permit is obtained from the city and the following criteria are met: (i) On riparian parcels containing a slope equal to or greater than 20 percent measured from the front of the principal structure to the ordinary high-water level and verified by a certificate of survey prepared by a registered surveyor, one water-oriented structure meeting the criteria listed in this subsection is permitted with a setback of not less than ten feet from the ordinary high-water level. (ii) On riparian parcels containing slopes less than 20 percent, one water-oriented accessory structure meeting the criteria listed in this subsection is permitted with a setback of not less than 50 feet from the ordinary high-water level. (iii) The structure shall not occupy an area greater than 120 square feet, and the maximum height of the structure must not exceed ten feet, including the roof. (iv) The structure shall be located in the most visually inconspicuous portion of the parcel as viewed form the surface of the lake, assuming summer, leaf-on conditions. (v) The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems. (vi) The structure shall be constructed of treated materials compatible with the principal structure and designed to reduce visibility as § 10-435ZONING CD10:139 viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. (vii) If the proposed structure will be located below the regulatory floodplain elevation, the structure shall be built compliant with applicable floodproofing requirements of the building code and division 2 of this article. (viii) Trees that are four inches in caliper or larger should not be removed for the erection of a water-oriented accessory structure. If removal is necessary, replacement with like trees shall be made with the approval of the zoning administrator. Erosion and sediment control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials. (ix) The structure shall be attached to a permanent foundation so as to be immovable from its approved location. 2. Water-oriented accessory structures not meeting all required setbacks may be replaced if the following criteria are met: (i) The structure existed legally on June 1, 2009; (ii) The replacement structure is the same size, configuration, location, building material, and height as the structure in existence on June 1, 2009; (iii) The existing structure is not located within an easement, right-of- way, side yard setback, or over a property line. e. 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 on riparian lots shall meet the following design requirements: 1. Stairways and lifts shall not exceed four feet in width on residential parcels. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments; 2. Landings for stairways and lifts on residential parcels shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, park/open space properties, and planned unit developments. The required setback for landings shall be ten feet measured from the ordinary high-water level of the public water. Landings shall not project into any required side yard; 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion, and maintains or improves drainage patterns and slope stability; § 10-435 PRIOR LAKE CODE CD10:140 5. Stairways, lifts and landings shall be located in the most visually inconspicuous portions of parcels, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 6. Facilities such as ramps, lifts or mobility paths for physically disabled persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards in subsections (7)e.1—5 of this section are complied with in addition to the requirements of Minn. R. ch. 1340. f. Significant historic sites. No structure may be placed on a significant historic site as defined by state laws 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. g. Steep slopes. The city engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construc- tion of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (8) Island development. Development on islands without municipal sewer and water shall be subject to the following conditions: a. Permitted uses on islands are limited to seasonal cabins and other seasonal structures, 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. b. Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities. c. An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two on-land parking spaces for vehicles. In addition, the owner is required to provide proof of residency, at some location other than the island, at the time of building permit application. d. The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 12,000 square feet. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to Minn. Stats. § 462.357, subd. 1e. e. The minimum lot width at OHWL is 75 feet. f. Setbacks. 1. Setbacks for structures on islands shall comply with the following: (i) Structure setback from OHWL: 75 feet. § 10-435ZONING CD10:141 (ii) Side yard: ten feet. (iii) Gray water system from OHWL: 75 feet. 2. Setback averaging for the structure setback from the OHWL may be permitted as follows: (i) If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWL either the average setback of the abutting structures from the OHWL; or 50 feet, whichever is greater, provided all other provisions of the shoreland overlay district are complied with. (ii) If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized. (iii) Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins). (iv) In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone. g. Clearcutting more than 35 percent of a parcel of natural vegetation is prohibited. Natural vegetation shall be restored as soon as possible after any construction project is completed. h. Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be approved by the city to ensure that natural vegetation is restored with a reasonable time not to exceed one year after activity is complete. i. The lowest floor elevation of the structure, including basement and crawl space, must meet the requirements in this division for lowest floor elevation. j. One detached accessory structure is permitted per parcel on general develop- ment lakes subject to the issuance of a building permit and the following conditions: 1. The lot must meet the minimum area and dimensional requirements listed in this subsection (8); 2. The structures shall comply with all other required conditions and yard setbacks for accessory structures in the underlying zoning district; 3. The total ground floor area of the accessory structures shall not exceed the ground floor area of the principal structure (seasonal cabin), 25 percent of the area between the principal structure and the rear property, or 600 square feet, whichever is less; 4. The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure; § 10-435 PRIOR LAKE CODE CD10:142 5. The structure shall be set back a minimum of 75 feet from the OHWL or the average minimum as indicated above; 6. The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain an electrical system, with the proper permits; 7. The structure shall be compatible in design and materials with the principal structure (seasonal cabin); 8. If the structure is located below the regulatory floodplain elevation it shall be built in compliance with the applicable floodproofing requirements of the building code and division 2 of this article; and 9. The structure shall be attached to a permanent foundation so as to be immovable from its approved location. (Prior Code, § 1130.500) Sec. 10-436. Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) Vegetation alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this division are exempt from the vegetation alteration standards that follow. b. Removal or alteration of vegetation, except for specific uses listed below which are subject to the regulations listed for that use, is allowed subject to the following standards: 1. 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 subject to a conditional use permit if an erosion and sediment control plan is approved by the city engineer. 2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access and permitted water-oriented accessory structures of facilities, provided that: (i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and (ii) Along rivers, existing shading of water surfaces is preserved. § 10-436ZONING CD10:143 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased or pose safety hazards. (2) Topographic alterations/grading and excavation. a. Grading, filling, and excavation. 1. Grading, filling, and excavation, including the import or export of materi- als, are not permitted within the bluff impact zone. However, the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a city grading and excavating permit. 2. Grading, filling, and excavation in all areas within the shoreland district which are necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and excavation permit, except as provided in subsection (2)b of this section. However, the standards in this subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. b. Notwithstanding subsection (2)a of this section, in addition to any other required permit, a city grading and excavating permit will be required for any movement of more than ten cubic yards of material or impact to more than 500 square feet of area on steep slopes or within the bluff impact zone, bluff setback, shore impact zone or shoreland overlay district. c. The following considerations and conditions must be adhered to during the issuance of construction permits, excavating and grading permits, conditional use permits, variances, and subdivision approvals: 1. Grading, excavating, or filling in any wetland must be done in accordance with the Wetland Conservation Act (Minnesota Laws, ch. 354, 1991); 2. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; 3. Erosion control best management practices shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible; 4. Altered areas shall be stabilized to acceptable erosion and sediment control standards consistent with the public works design manual; 5. Fill or excavated material shall not be placed in a manner that creates an unstable slope; 6. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals approved by the city for continued slope stability and shall not create finished slopes of 4:1 or greater; § 10-436 PRIOR LAKE CODE CD10:144 7. Fill or excavated material shall not be placed in bluff impact zones; 8. Any alterations below the OHWL of public waters shall first be authorized by the department of natural resources under Minn. Stats. § 103G.241; 9. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and 10. 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 feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL, and the height of the riprap above the OHWL does not exceed three feet. (3) Placement and design of roads, driveways and parking areas. a. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the public works design manual. b. Roads, driveways and parking areas shall meet all required setbacks and must not be placed within bluff and shore impact zones or the bluff setbacks. c. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion and sediment control conditions of this section are met. For private facilities, the grading and excavating provisions of subsection (2) of this section shall be met. (4) Stormwater management. Stormwater management shall be implemented in accordance with the requirements of the city public works design manual (PWDM). (Prior Code, § 1130.500) Sec. 10-437. Special provisions for commercial, industrial, public/semi-public, agricultural and forestry. (a) Standards for commercial, industrial, public, and semi-public uses. Surface water- oriented commercial uses and industrial, public, or semi-public uses with similar needs to have access to and use of public waters may be located on parcels with frontage on public waters. Those uses with water-oriented needs must meet the following standards: (1) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this division, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures. § 10-437ZONING CD10:145 (2) Uses that require short-term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. (3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. (4) Uses without water-oriented needs shall be located on parcels without public waters frontage, or if located on parcels with public waters frontage shall either be set back double the normal OHWL setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions. Water-oriented needs shall be determined by the zoning administrator. (b) Agriculture use standards. (1) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the public works design manual, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the OHWL. (2) Animal feedlots must meet the following standards: a. New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the OHWL of all public water basins; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the OHWL or within a bluff impact zone are allowed if they do not further encroach into the existing OHWL setback or bluff impact zones. § 10-437 PRIOR LAKE CODE CD10:146 (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. (Prior Code, § 1130.600) Sec. 10-438. Water supply and sewage treatment. (a) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state department of health and the state pollution control agency. (b) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: (1) Publicly owned sewer systems shall be used where available. (2) All private sewage treatment systems shall meet or exceed the state pollution control agency's standards for individual sewage treatment systems contained in Minn. R. ch. 7080. (3) On-site sewage treatment systems shall be set back from the OHWL in accordance with the setbacks contained in this division. (4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsection (b)(5) of this section. 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. (5) Evaluation criteria: a. Depth to the highest known or calculated groundwater table or bedrock; b. Soil conditions, properties, and permeability; c. Slope; d. The existence of lowlands, local surface depressions, and rock outcrops. (6) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsections (b)(7) and (8) of this section. (7) An existing treatment system not meeting the requirements of this section shall be upgraded, at a minimum, at any time a building or zoning permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the OHWL. (8) The city has by formal resolution notified the department of natural resources of its program to identify nonconforming sewage treatment systems. The city will require § 10-438ZONING CD10:147 upgrading or replacement of any nonconforming system identified by this program within two years, as described in subsection (b)(7) of this section. Sewage systems installed according to all applicable local shoreland management standards adopted under Minn. Stats. ch. 103F, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems will less soil treatment area separation above groundwater than required by Minn. R. ch. 7080 for design of on-site sewage treatment systems, shall be considered nonconform- ing. (Prior Code, § 1130.700) Sec. 10-439. Planned unit developments (PUDs). (a) Application for a PUD. The applicant for a planned unit development (PUD) must, in addition to all other PUD requirements, submit the following documents prior to final action being taken on the application request. (1) A site plan or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land altera- tions, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at two-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two. (2) A property owners' association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements in this section. (3) Deed restrictions, covenants, permanent easements, or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in the maintenance and design criteria below. (4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. (5) Those additional documents as requested by the zoning administrator that are necessary to explain how the PUD will be designed and will function. (b) Site suitable area evaluations. Proposed new or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation below. (1) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the OHWL at the following intervals, proceeding landward: § 10-438 PRIOR LAKE CODE CD10:148 SHORELAND TIER DIMENSIONS Unsewered (feet) Sewered (feet) General development lakes (first tier) 200 200 General development lakes (second tier) 267 267 Recreational development lakes 267 267 Natural environment lakes 400 320 All public watercourse classes 300 300 (2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the OHWL of public waters. This suitable area and the proposed project are then subject to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites. (c) Residential and commercial PUD density evaluation. The procedures for determining the base density of a PUD and density increase multipliers are outlined as follows. Allowable densities may be transferred from any tier to any other tier further from the water body but must not be transferred to any other tier closer to the water body. (1) Residential PUD base density evaluation. The suitable area within each tier is divided by the R-1 zoning district single residential lot size which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and the number of dwelling units or sites for the residential PUDs are then compared with the tier, density, and suitability analysis herein and the design criteria below. (2) Commercial PUD base density evaluation. a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, porches or basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: Commercial PUD Floor Area Ratios Public Water Classes Average Unit Floor Area (sq. feet) Sewered General Development Lakes; First Tier on Unsew- ered General Development Lakes; Urban, Agricultural, Public Water Watercourses Second and Additional Tiers on Unsewered General Development Lakes; Recreational Development Lakes Natural Environment Lakes 200 0.040 0.020 0.010 300 0.048 0.024 0.012 § 10-439ZONING CD10:149 Average Unit Floor Area (sq. feet) Sewered General Development Lakes; First Tier on Unsew- ered General Development Lakes; Urban, Agricultural, Public Water Watercourses Second and Additional Tiers on Unsewered General Development Lakes; Recreational Development Lakes Natural Environment Lakes 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 0.150 0.075 0.038 For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. For manufactured home sites in recreational camping areas use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. d. Divide the total floor area by tier computed in subsection (c)(2)c of this section by the average inside living area size determined in subsection (c)(2)a of this section. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and number of dwelling units or sites for the commercial PUD are then compared with the tier, density and suitability analysis herein and the design criteria below. (3) Density increase multipliers. a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in the zoning provisions above are met or exceeded and the design criteria below are satisfied. The allowable density increases in subsection (c)(3)b of this section will only be allowed if structure setbacks from the OHWL are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is § 10-439 PRIOR LAKE CODE CD10:150 reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. b. Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs: Density Evaluation Tiers Maximum Density Increase Within Each Tier First 50% Second 100% Third 200% Fourth 200% Fifth 200% (d) Maintenance and design criteria. (1) Maintenance and administration requirements. a. Approval of development. Before final approval of a PUD, adequate provision must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: 1. Commercial uses prohibited (for residential PUDs); 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 alterna- tive community framework is established, when applicable, all residential planned unit developments must use a homeowners' association with the following features: 1. Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers; 2. Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; 3. Assessments shall be adjustable to accommodate changing conditions; and 4. The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. § 10-439ZONING CD10:151 (2) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria: a. At least 50 percent of the total project area within the shoreland overlay district shall be preserved as open space; b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures, are developed areas and shall not be included in the computation of minimum open space; c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; d. Open space may include outdoor recreational facilities for use by owners or dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space shall not include commercial facilities or uses but may contain water-oriented accessory structures; g. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PUDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural existing state. For commercial PUDs, at least 50 percent of the shore impact zone shall be preserved in its natural state. (3) Erosion and sediment control and stormwater management. Erosion and sediment control, stormwater management plans, and best management practices shall be developed and the PUD shall: a. Be designed, and the construction managed, to minimize the likelihood of erosion and sedimentation occurring either during or after construction. Site design shall be in accordance with city PWDM requirements; and b. Be designed and constructed to effectively manage reasonably expected quanti- ties and qualities of stormwater runoff in accordance with city PWDM requirements. Impervious surface coverage within any tier shall not exceed 25 percent of tier area, except that for commercial PUD's 35 percent impervious § 10-439 PRIOR LAKE CODE CD10:152 surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistent with section 10-436. (4) Centralization and design of facilities. Centralization and design of facilities and structures shall be done according to the following standards: a. PUDs shall be connected to publicly owned water supply and sewer systems; b. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the OHWL, elevation above the surface water features, and maximum height. Setbacks from the OHWL shall be increased in accordance with the density criteria above for developments with density increases; c. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; d. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and f. Water-oriented accessory structures may be allowed if they meet and exceed design standards for water-oriented accessory structures above. (e) Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all the following standards are met: (1) Proposed conversions shall be initially evaluated using the same procedures for residential PUDs involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. § 10-439ZONING CD10:153 (2) Deficiencies involving water supply and sewage treatment, stormwater manage- ment, structure, color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permits. (3) Shore and bluff impact zone deficiencies shall be evaluated and reasonable improve- ments made as part of the conversion. These improvements shall include, where applicable, the following: a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; b. Remedial measures to correct actively eroding areas and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and c. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. (4) Existing dwelling unit or dwelling site densities that exceed standards set forth above may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall be made 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. (Prior Code, § 1130.900) Secs. 10-440—10-461. Reserved. DIVISION 3. FLOODPLAINS Sec. 10-462. Statutory authorization, findings of fact, and purpose. (a) Statutory authorization. These provisions are adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F; Minn. R. 6120.5000—6120.6200; the rules and regulations of the national flood insurance program codified as 44 CFR 59—78; and the planning and zoning enabling legislation in Minn. Stats. ch. 462. (b) Purpose. (1) This division regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental § 10-439 PRIOR LAKE CODE CD10:154 services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this division to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (2) The ordinance from which this division is derived is adopted to maintain the city's eligibility in the national flood insurance program. (3) This division is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance com- munity and economic development. (Prior Code, § 1131.100) Sec. 10-463. General provisions. (a) Lands to which division applies. This division applies to all lands within the jurisdiction of the city within the boundaries of the floodway, flood fringe, and general floodplain districts and further detailed in subsection (b) of this section and section 10-464(a). (1) The floodway, flood fringe or general floodplain districts are overlay districts superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply. (2) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor in locating the outer boundaries of the one percent annual chance floodplain. (3) The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation (RFPE), defined in subsection (e) of this section. (4) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the planning commission and to submit technical evidence. (b) Incorporation of maps by reference. The following maps together with all attached material are adopted by reference and declared to be a part of the official zoning map and this division. The attached material includes the flood insurance study for Scott County, Minnesota, and incorporated areas, dated February 12, 2021, and the flood insurance rate map panels enumerated below, dated February 12, 2021, all prepared by the Federal Emergency Management Agency (FEMA). These materials are on file at city hall. 27139C0134E 27139C0153E 27139C0158E 27139C0043E 27139C0154E 27139C0159E § 10-463ZONING CD10:155 27139C0044E 27139C0156E Reserved 27139C0152E 27139C0157E Reserved (c) Abrogation and greater restrictions. It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this division imposes greater restrictions, the provisions of this division prevail. All other ordinances inconsistent with this division are repealed to the extent of the inconsistency only. (d) Warning and disclaimer of liability. This division does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This division does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this division or any administrative decision lawfully made hereunder. (e) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. The term "base flood" is synonymous with the term "regional flood" used in Minn. R. 6120.5000. Base flood elevation (BFE) means the elevation of the base flood or one percent annual chance flood. The term "base flood elevation" is used in the flood insurance study. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) Certain conditions as detailed in this division exist; and (2) The structure or land use conforms to the comprehensive land use plan if one exists and is compatible with the existing neighborhood. Critical facilities means facilities necessary to the city's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, day care facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. § 10-463 PRIOR LAKE CODE CD10:156 Development means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm fence means an open type of fence of posts and horizontally run wire, further defined by Minn. Stats. § 344.02, subd. 1(a)—(d) and is not considered to be a structure under this division. Fences that have the potential to obstruct flood flows, such as chain-link fences and rigid walls, are regulated as structures under this division. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry area. Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood fringe means the portion of the one percent annual chance floodplain located outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study. Flood insurance rate map means an official map on which the federal insurance administrator has delineated both the special hazard areas and the risk premium zones applicable to the city. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). Flood insurance study means the study referenced in subsection (b) of this section, which is an examination, evaluation and determination of flood hazards, and, if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) or flood-related erosion hazards. Floodplain means the beds and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the base flood. Floodprone area means any land susceptible to being inundated by water from any source. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the base flood discharge. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or § 10-463ZONING CD10:157 storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle. New construction means structures, including additions and improvements, and place- ment of manufactured homes, for which the start of construction commenced on or after the effective date of the ordinance from which this division is derived. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Principal use or structure means all uses or structures that are not accessory uses or structures. Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this division, the term "recreational vehicle" is synonymous with the term "travel trailer/travel vehicle." Regulatory flood protection elevation (RFPE) means an elevation not less than one foot above the elevation of the base flood. Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred. Special flood hazard area is a term used for flood insurance purposes and synonymous with the term "base flood or one percent annual chance floodplain." Start of construction includes substantial improvement and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improve- ment that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or § 10-463 PRIOR LAKE CODE CD10:158 footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks manufactured homes, recreational vehicles not considered travel ready as detailed in section 10-470(b) and other similar items. Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means, within any consecutive 365-day period, any reconstruc- tion, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this division, the term "historic structure" is as defined in 44 CFR 59.1. (f) Annexations. The flood insurance rate map panels adopted by reference into subsection (b) of this section may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of the ordinance from which this division is derived. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this division is derived, the newly annexed floodplain lands will be subject to the provisions of this division immediately upon the date of annexation. (Prior Code, § 1131.200) § 10-463ZONING CD10:159 Sec. 10-464. Floodplain districts. (a) Establishment. (1) Floodway district. The floodway district is comprised of those areas within Zones AE delineated within floodway areas as shown on the flood insurance rate maps adopted in section 10-463(b). (2) Flood fringe district. The flood fringe district is comprised of those areas within Zones AE on the flood insurance rate map and flood boundary and floodway maps adopted in section 10-463(b) but located outside of the floodway. (3) General floodplain district. The general floodplain district is comprised of those areas within Zone A and AE areas that do not have a floodway delineated as shown on the flood insurance rate maps adopted in section 10-463(b). (b) Applicability. Where floodway and flood fringe districts are delineated on the floodplain maps, the standards in sections 10-465 or 10-466 will apply, depending on the location of a property. Locations where floodway and flood fringe districts are not delineated on the floodplain maps are considered to fall within the general floodplain district and the standards in section 10-467 will apply. (c) Permit required. A permit must be obtained from the zoning administrator to verify if a development meets all applicable standards outlined in this division prior to conducting the following activities: (1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also require a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this division. (2) The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in section 10-463(e). (3) The change or extension of a nonconforming use. (4) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (5) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (6) Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the department of natural resources. (7) Any other type of development as defined in this division. § 10-464 PRIOR LAKE CODE CD10:160 (d) Minimum development standards. All new development must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) Constructed with materials and equipment resistant to flood damage. (3) Constructed by methods and practices that minimize flood damage. (4) Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) Reasonably safe from flooding and consistent with the need to minimize flood damage within the floodprone area. (6) Assured to provide adequate drainage to reduce exposure to flood hazards. (e) Hydraulic capacity. Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (f) Materials storage. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in Minn. Stats. § 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided. (g) Critical facilities location. Critical facilities, as defined in section 10-463(e), are to be located, so that the lowest floor is not less than two feet above the base flood elevation, or the 0.2 percent annual chance flood elevation, whichever is higher. (Prior Code, §§ 1131.300, 1131.400) Sec. 10-465. Floodway District (FW). (a) Permitted uses. The following uses, subject to the standards set forth in subsection (b) of this section, are permitted uses in the floodway district if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting. (2) Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines. (3) Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, § 10-465ZONING CD10:161 swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single- or multiple-purpose recreational trails. (4) Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures. (5) Grading or land alterations associated with stabilization projects. (b) Standards for floodway permitted uses. In addition to the applicable standards outlined in section 10-464(d): (1) The use must have a low flood damage potential. (2) The use must not involve structures. (3) The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer. (4) Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with Minn. Stats. § 103G.245 or a utility crossing license in accordance with Minn. Stats. § 84.415, from the department of natural resources, or demonstrate that no permit is required, before applying for a local permit. (5) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood. (c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 10-471(d) and further subject to the standards set forth in subsection (d) of this section, if otherwise allowed in the underlying zoning district: (1) Structures accessory to primary uses listed in subsections (a)(1) through (3) of this section and primary uses listed in subsections (c)(2) and (3) of this section. (2) Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects. (3) Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities. (4) Storage yards for equipment, machinery, or materials. (5) Fences that have the potential to obstruct flood flows. (6) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event. § 10-465 PRIOR LAKE CODE CD10:162 (d) Standards for floodway conditional uses. In addition to the applicable standards outlined in section 10-464(e), subsection (b) of this section, and section 10-471(d): (1) Fill; storage of materials and equipment. a. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. b. Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the city has approved a plan that ensures removal of the materials from the floodway based upon the flood warning time available. (2) Accessory structures. Accessory structures, as identified in subsection (c)(1) of this section, may be permitted, provided that: a. Structures are not intended for human habitation. b. Structures will have a low flood damage potential. c. Structures will be constructed and placed so as to offer a minimal obstruction to the flow of floodwaters. d. Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with section 10-471(b)(2) shall be required. e. As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with section 10-471(b)(2) shall be required. (3) Levees, dikes, and floodwalls. A levee, dike or floodwall constructed in the floodway must not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (Prior Code, § 1131.500) Sec. 10-466. Flood Fringe District (FF). (a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning districts that comply with the standards in subsection (b) of this section. § 10-466ZONING CD10:163 (b) Standards for flood fringe permitted uses. In addition to the applicable standards outlined in section 10-464(e): (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation for structures must be no lower than one foot below the RFPE. Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the city. (2) Accessory structures. As an alternative to the fill requirements of subsection (b)(1) of this section, any enclosed structures accessory to the uses identified in subsection (a) of this section must meet the following provisions: a. Accessory structures shall constitute a minimal investment not to exceed 576 square feet in size, and only be used for parking and storage. b. Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding and shall allow automatic entry and exit of floodwaters without human intervention. (3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards unless the fill is specifically intended to elevate a structure in accordance with subsection (b)(1) of this section. (4) All fill must be properly compacted, and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method. (5) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation or must have a flood warning/emergency evacuation plan acceptable to the city. (6) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood. (7) Manufactured homes and recreational vehicles must also meet the standards of section 10-470. § 10-466 PRIOR LAKE CODE CD10:164 (c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 10-471(d) and further subject to the standards set forth in subsection (d) of this section, if otherwise allowed in the underlying zoning districts: (1) The placement of floodproofed nonresidential basements below the regulatory flood protection elevation. (2) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with subsection (b)(2) of this section. (3) The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of stilts, pilings, filled stem walls, or above-grade, internally flooded enclosed areas such as crawl spaces or tuck-under garages, meeting the standards in subsection (d)(5) of this section. (d) Standards for flood fringe conditional uses. In addition to the applicable standards outlined in section 10-464(d), subsection (b) of this section, and section 10-471(d): (1) The standards for permitted uses in the flood fringe, listed in subsections (b)(1) through (7) of this section, apply to all conditional uses. (2) Residential basements, as defined in section 10-463(e), are not allowed below the RFPE. (3) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with section 10-471(b)(2) shall be required. (4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event. b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (5) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if the enclosed area is above grade on at least one side of the § 10-466ZONING CD10:165 structure, it is designed to internally flood, and it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards: a. Above-grade, fully enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood and include a minimum of two openings on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade and have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. b. Floodproofing certifications consistent with section 10-471(b)(2) shall be required. The structure shall be subject to a deed-restricted nonconversion agreement with the issuance of any permit. (Prior Code, § 1131.600) Sec. 10-467. General Floodplain District (GF). (a) Permitted uses. (1) The uses listed in section 10-465 pertaining to the floodway district are allowed with a permit. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in subsection (b) of this section. Section 10-465 applies if the proposed use is determined to be in the floodway district. Section 10-466 applies if the proposed use is determined to be in the flood fringe district. (b) Procedures for determining floodway boundaries and base flood elevations. (1) Requirements for detailed studies. Developments greater than 50 lots or five acres, or as requested by the zoning administrator, shall be subject to a detailed study to determine the regulatory flood protection elevation and the limits of the floodway district. The determination of the floodway and flood fringe must be consistent with accepted hydrological and hydraulic engineering standards, and must include the following components, as applicable: a. Estimate the peak discharge of the base flood. b. Calculate the water surface profile of the base flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the floodway necessary to convey or store the base flood without increasing flood stages more than 0.5 foot. A stage increase less than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless development or geographic features warrant other analysis, as approved by the department of natural resources. § 10-466 PRIOR LAKE CODE CD10:166 (2) Alternative methods. For areas where a detailed study is not available or required, the base flood elevation must be determined using best available data. Until a floodway determination can be completed, the entire floodplain must be treated as floodway, with allowable activities restricted to those identified in section 10-465(a) and (c). a. Development allowed in floodways (e.g., bridges, culverts, grading, filling, stabilization projects) must not cumulatively increase flood stages more than 0.5 foot during a base flood event, as determined by a professional engineer or by using accepted engineering practices approved by the department of natural resources. A stage increase less than 0.5 foot must be used if increased flood damages would result. b. Development prohibited in floodways (e.g., buildings) require a floodway/flood fringe determination to verify the development is within the flood fringe. The floodway/flood fringe determination must be done by a professional engineer or utilize other accepted engineering practices approved by the department of natural resources. Any such proposal must assume a 0.5-foot stage increase for the purposes of determining the regulatory flood protection elevation to accommodate for future cumulative impacts. c. For areas in and along lakes, wetlands, and other basins that are not affected by velocities, where the floodway has not been determined, an alternative to subsections (b)(2)a and b of this section is: All areas that are at or below the ordinary high-water level as defined in Minn. Stats. § 103G.005, subd. 14 will be considered floodway, and all areas below the base flood elevation but above the ordinary high-water level will be considered flood fringe, provided that within 25 feet of the ordinary high-water level, or within the shore impact zone as identified in the city shoreland regulations, whichever distance is greater, land alterations shall be restricted to: 1. The minimum required to accommodate beach and access areas, and accessory structures as permitted, not to exceed a volume greater than ten cubic yards; projects involving volumes exceeding ten cubic yards require engineering analysis as provided in subsections (b)(2)a and b of this section, whichever is applicable; and 2. The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as identified by the city. (3) Zoning administrator review, assessment. The zoning administrator will review the submitted information and assess the technical evaluation and the recommended floodway or flood fringe district boundary. The assessment must include the cumulative effects of previous floodway encroachments. The zoning administrator may seek technical assistance from an engineer or other expert person, or agency, including the department of natural resources. § 10-467ZONING CD10:167 (4) Permit application process. Once the floodway and flood fringe district boundaries have been determined, the zoning administrator must process the permit application consistent with the applicable provisions of sections 10-465 and 10-466. (Prior Code, § 1131.700) Sec. 10-468. Subdivision standards. (a) No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this division. (b) All lots within the floodplain districts must be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. (c) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the base flood has been approved by the city. The plan must be prepared by a registered engineer or other qualified individual and must demonstrate that adequate time and personnel exist to carry out the evacuation. (d) For all subdivisions in the floodplain, the floodway and flood fringe district boundar- ies, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (e) In the general floodplain district, applicants must provide the information required in section 10-467(b) to determine the base flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. (Prior Code, § 1131.800) Sec. 10-469. Utilities, railroads, roads, and bridges. (a) Utilities. All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection elevation (RFPE) or located and constructed to minimize or eliminate flood damage. (b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with sections 10-465 and 10-466. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On-site water supply and sewage treatment systems. Where public utilities are not provided: (1) On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and are subject to the provisions in Minn. R. 4725.4350; and § 10-467 PRIOR LAKE CODE CD10:168 (2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; they must not be subject to impairment or contamination during times of flooding and are subject to the provisions in Minn. R. 7080.2270. (Prior Code, § 1131.900) Sec. 10-470. Manufactured homes and recreational vehicles. (a) Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition: (1) New and replacement manufactured homes must be elevated in compliance with section 10-466 and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (2) New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in section 10-468. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in section 10-468(a)(2). (b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds, or lots of record in the floodplain must either: (1) Meet the requirements for manufactured homes in subsection (a) of this section; or (2) Be travel ready, meeting the following criteria: a. The vehicle must have a current license required for highway use. b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. c. No permanent structural type additions may be attached to the vehicle. d. Accessory structures may be permitted in the flood fringe district, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in sections 10-464(e) and 10-466(b)(2). (Prior Code, § 1131.1000) Sec. 10-471. Administration. (a) Duties. The zoning administrator or other official must administer and enforce this division. § 10-471ZONING CD10:169 (b) Permit application requirements. (1) Application for permit. Permit applications must be submitted to the zoning administrator on forms provided by the zoning administrator. The permit applica- tion must include the following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the zoning administrator as necessary to properly evaluate the permit application. (2) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this division. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in in the state building code. Accessory structures designed in accordance with section 10-466(b)(2) are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevations, and development in the general floodplain district will not cumulatively increase flood stages more than 0.5 foot or less if increased damages would result. (3) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this division. (4) Recordkeeping of certifications and as-built documentation. The zoning administra- tor must maintain records in perpetuity documenting: a. All certifications referenced in subsection (b)(2) of this section as applicable. b. Elevations complying with section 10-466(b)(1). The zoning administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed. (5) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the zoning administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn. Stats. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago regional office of the Federal Emergency Management Agency (FEMA). § 10-471 PRIOR LAKE CODE CD10:170 (6) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator must notify the Chicago regional office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (c) Variances. (1) Variance applications. An application for a variance to the provisions of this division will be processed and reviewed in accordance with applicable state law and article VI, division 3 of this chapter. (2) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (3) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances must not be issued by the city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances may only be issued by the city upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood insurance notice. The zoning administrator must notify the applicant for a variance that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. § 10-471ZONING CD10:171 (5) General considerations. The city may consider the following variables and consider imposing conditions on variances and conditional uses: a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions. d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services to be provided by the proposed use to the city. f. The requirements of the facility for a waterfront location. g. The availability of viable alternative locations for the proposed use that are not subject to flooding. h. The compatibility of the proposed use with existing development and develop- ment anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. (6) Submittal of hearing notices to the department of natural resources. The zoning administrator must submit hearing notices for proposed variances to the department of natural resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist. (7) Submittal of final decisions to the department of natural resources. A copy of all decisions granting variances must be forwarded to the department of natural resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist. (8) Recordkeeping. The zoning administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the administrator of the national flood insurance program, when requested by the Federal Emergency Management Agency. § 10-471 PRIOR LAKE CODE CD10:172 (d) Conditional uses. (1) Administrative review. An application for a conditional use permit under the provisions of this division will be processed and reviewed in accordance with article VI, division 3 of this chapter. (2) Factors used in decision-making. In passing upon conditional use applications, the city must consider all relevant factors specified in other sections of this chapter and those factors identified in subsection (c)(5) of this section. (3) Conditions attached to conditional use permits. In addition to the standards identified in sections 10-465(d) and 10-466(d), the city may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the following: a. Limitations on period of use, occupancy, and operation. b. Imposition of operational controls, sureties, and deed restrictions. c. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (4) Submittal of hearing notices to the department of natural resources. The zoning administrator must submit hearing notices for proposed conditional uses to the department of natural resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist. (5) Submittal of final decisions to the department of natural resources. A copy of all decisions granting conditional uses must be forwarded to the department of natural resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist. (Prior Code, § 1131.1100) Sec. 10-472. Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of the ordinance from which this division is derived but which is not in conformity with the provisions of this division may be continued subject to the following conditions. Historic structures, as defined in section 10-463(e), are subject to the provisions below: (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subsection (2) of this section. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on § 10-472ZONING CD10:173 fill or floodproofing techniques (i.e., FP1 through FP4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection (4) of this section. (3) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this division. (4) If any structure experiences a substantial improvement as defined in this division, then the entire structure must meet the standards of section 10-465 or 10-466 for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. If the proposed development, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first flood insurance rate map exceeds 50 percent of the market value of any nonconforming structure, the entire structure must meet the standards of section 10-465 or 10-466. (5) If any nonconformity is substantially damaged, as defined in this division, it may not be reconstructed except in conformity with the provisions of this division. The applicable provisions for establishing new uses or new structures in section 10-465 or 10-466 will apply depending upon whether the use or structure is in the floodway or flood fringe, respectively. (6) If any nonconforming use or structure experiences a repetitive loss, as defined in section 10-463(e), it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this division. (Prior Code, § 1131.1200) Sec. 10-473. Violations and penalties. (a) Violation constitutes a misdemeanor. Violation of the provisions of this division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Other lawful action. Nothing in this division restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this division and will be prosecuted accordingly. (c) Enforcement. Violations of the provisions of this division will be investigated and resolved in accordance with the provisions of this chapter. In responding to a suspected ordinance violation, the city may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the national flood insurance program for § 10-472 PRIOR LAKE CODE CD10:174 denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program. (Prior Code, § 1131.1300) Sec. 10-474. Amendments. (a) Floodplain designation; restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the department of natural resources if it is determined that, through other measures, lands are adequately protected for the intended use. (b) Required approval. All amendments to this division must be submitted to and approved by the department of natural resources prior to adoption. (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in section 10-463(b). (Prior Code, § 1131.1400; Ord. No. 121-01, 2-6-2021) Secs. 10-475—10-501. Reserved. DIVISION 4. PLANNED UNIT DEVELOPMENTS Sec. 10-502. Overlay. The planned unit development (PUD) overlay district is a district that encompasses one or more underlying zoning districts and that imposes additional requirements above that required by the underlying zoning district. All of the provisions of this chapter applicable to the original district within which the PUD is established shall apply to the PUD except as otherwise specifically provided in the approved final PUD plan. (Prior Code, § 1132.100) Sec. 10-503. Definition. A PUD is a development of land that is under unified control and is planned and developed as a whole in a single development operation or in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A PUD is built according to a detailed final development plan, as approved by the city council. (Prior Code, § 1132.400) § 10-503ZONING CD10:175 Sec. 10-504. Purpose. The purpose of the PUD district is to offer an alternative to development as outlined in the residential, commercial, and industrial zoning districts of this chapter. The PUD district provides for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conventional zoning districts. The PUD district requires that the particular land to be developed can offer greater value to the city and can better meet the city's health, welfare, and safety requirements as a PUD than if that same land were to be developed as a conventional development. The PUD process provides for a joint planning/design effort by developers and city officials. A PUD may be multipurpose in nature so that not only may it be residential, commercial, or industrial, but also it may contain a combination of these uses. It is not the intent of this division to allow for reductions or waivers to the standard zoning district requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved, instead the purpose is to produce developments which provide additional benefits to the city. (Prior Code, § 1132.200) Sec. 10-505. Findings. The city council finds that the city and its residents will benefit by creating a process which permits PUD developments which will allow for greater flexibility in the development of a parcel or property by tailoring the development to the site and neighborhood. Such benefits include, but are not limited to: (1) Providing a flexible approach to development which is in harmony with the purpose and intent of the city's comprehensive plan and this chapter; (2) More creative, efficient and effective use of land, open space and public facilities through mixing of land uses; (3) Creating a sense of place and provide more interaction among people; (4) Increasing economic vitality and expand market opportunities; (5) Supporting long-term economic stability by strengthening the tax base, job market and business opportunities; (6) Increasing transportation options, such as walking, biking or busing; (7) Providing opportunities for life cycle housing to all ages; (8) Providing more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost; (9) Enhanced incorporation of recreational, public and open space components in the development which may be made more usable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD § 10-504 PRIOR LAKE CODE CD10:176 district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site; (10) Preserving and enhancing desirable site characteristics and open space and protec- tion of sensitive environmental features, including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use and redevelopment of existing buildings; (11) High quality of design compatible with surrounding land uses, including both existing and planned. (Prior Code, § 1132.300) Sec. 10-506. Flexibility. Approval of a PUD may allow the following: (1) Variety. Within a comprehensive site design concept, a mixture of land uses, housing types and densities. (2) Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, PUDs can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. (3) Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility-related expenses. (4) Density transfer. The project density may be clustered, basing density on number of units per acre versus specific lot dimensions. (5) District integration. The combination of uses which are allowed in separate zoning districts, such as: a. Mixed residential allows both densities and unit types to be varied within the project. b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation may provide increased density on the property if a PUD is utilized. c. Mixed land uses with the integration of compatible land uses within the project. (Prior Code, § 1132.500) Sec. 10-507. Allowed uses. Uses allowed within a PUD district are limited to those uses allowed in the underlying zoning district (if there is no underlying zoning district, see section 10-517) unless deviations are specifically set forth in the PUD plan. Performance standards for each PUD shall be as § 10-507ZONING CD10:177 provided in the underlying zoning district unless deviations are specifically set forth in the PUD plan. All use and performance standard deviations shall become permitted upon approval of the final PUD plan by the city council. (Prior Code, § 1132.600) Sec. 10-508. Review standards. The city shall consider a proposed PUD district from the point of view of all standards and purposes of the comprehensive land use plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodland and the protection of health, safety and welfare of the city and residents of the PUD. To these ends, the city council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the city council may find to have a material bearing upon the stated standards and objectives of the comprehensive land use plan. In reviewing a PUD plan, the city council must also consider the compatibility of the development with the shoreland and floodplain overlay district requirements. (Prior Code, § 1132.700) Sec. 10-509. Minimum PUD eligibility requirements. (a) Minimum size requirement. In order to utilize a PUD, the proposed site shall consist of a parcel or contiguous parcels of land in common ownership ten acres or more in size. An owner of a tract of land less than ten acres may apply to the planning commission for an exception to the ten-acre requirement. (b) Exception to ten-acre requirement. An applicant seeking an exception to the ten-acre requirement shall, prior to submission of a preliminary PUD plan, submit a concept plan for review and approval by the planning commission pursuant to the procedure set forth in the subdivision regulations. The planning commission shall decide, based upon the criteria set forth below, whether to authorize the city staff to accept and process an application for a preliminary PUD plan for the proposed project: (1) The proposed project meets all other criteria for a PUD except the acreage requirement. (2) There are unique circumstances that prohibit the applicant from assembling ten contiguous acres. (3) The proposed project is consistent with the goals and objectives of the comprehensive plan. (4) The applicant intends to provide for greater parks, open space, trails or public areas than required by this division. § 10-507 PRIOR LAKE CODE CD10:178 (c) Additional requirements. The city may impose additional restrictions or requirements on land developed under the PUD process. The requirements shall be set forth in the final PUD plan approved by the city council. The city council shall make specific findings that the restrictions or requirements being imposed furthers, addresses, promotes or protects the general welfare, public safety, aesthetics, neighborhood character, environmental features or property values. These additional requirements may include, but are not limited to, traffic, traffic signals, parking, bufferyards, landscaping, noise, lighting, hours of operation, architectural design and off-site road and utility improvements. (Prior Code, § 1132.800) Sec. 10-510. PUD submission requirements and procedures. PUDs shall be proposed and considered according to the requirements of the following sections of this division. (Prior Code, § 1132.900) Sec. 10-511. Concept plan. Before filing an application for approval of a preliminary PUD plan, the applicant is encouraged to submit a concept plan for review and comment by the city staff. The procedures for submitting a concept plan are set forth in section 9-31. Materials and information necessary for a concept plan include a map showing the location and size of the property, and any preliminary plans developed for the property. The applicant should be prepared to discuss the following: comprehensive plan consistency, relationship of the proposed development to the existing neighborhood, parks and open space, streets, utilities, steep slopes, wetlands and environmentally sensitive issues, and drainage and stormwater management. (Prior Code, § 1132.1000) Sec. 10-512. Preliminary PUD plan. (a) Required. A preliminary PUD plan is required before an applicant can apply for a final PUD plan and before the proposed development can proceed. The preliminary PUD plan shall show the basic intent and the general nature of the entire development. (b) Application for preliminary PUD plan approval. An application for preliminary PUD plan approval shall be on a form provided by the city and shall include all of the following information: (1) The name, address, telephone number, and email address of the applicant and property owner, if different. (2) The comprehensive land use plan designation of the property in question. (3) The zoning districts in which the PUD is proposed to be located. (4) All information required for consideration and approval of a preliminary plat, if a plat is necessary. § 10-512ZONING CD10:179 (5) A general development plan including the following: a. Site conditions and existing development on the subject property and immediately adjacent properties. b. General location of residential and nonresidential land uses with approximate type and intensities of development. c. Overall maximum PUD density range. d. The proposed type, size, and location of all dwelling units, if dwelling units are proposed. e. The general size, location and use of any proposed nonresidential buildings on the site. f. All public streets, entrance and exit drives and walkway locations. g. Parking areas. h. Landscaped areas. i. Parks and open spaces, public plazas, and common areas. j. Site dimensions. k. Generalized drainage and utility plans. l. Any other information the city may request to determine whether the proposed project meets the requirements of this division. m. A narrative explaining how the PUD will meet the stated purposes and objectives of this division. (6) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase. (7) Traffic study containing, at a minimum, the total and peak hour trip generation from the site at full development, the effect of this traffic on the level of service of nearby and adjacent streets, intersections and total parking requirements. (8) A statement showing how the PUD will meet the stated purposes and objectives of this division. (9) A market study prepared within the six months prior to the application identifying the market area of the project and the demand trends within the area. (c) Procedure for approval of a preliminary PUD plan. (1) The application shall be submitted to the zoning administrator. The application shall be reviewed by the city staff and a report concerning the application shall be submitted to the planning commission for its consideration within 30 days of receipt of all material required by this division for review of the application. (2) The planning commission shall hold a public hearing. The planning commission may continue the public hearing, if necessary. The planning commission shall make a § 10-512 PRIOR LAKE CODE CD10:180 recommendation on the preliminary PUD plan to the city council within 60 days of the date a complete application, including all of the necessary submittals, was received by the city. If the planning commission fails to make a recommendation within the 60-day period, the city council may then consider the preliminary PUD plan without the planning commission's recommendation. (3) The city council may approve the preliminary PUD plan in whole or in part, may approve the preliminary PUD plan subject to conditions, may deny the preliminary PUD plan, or may continue consideration of the preliminary PUD plan for further investigation at a later date. (4) The city council shall render a decision regarding the preliminary PUD plan application within 60 days of the council's initial consideration of the preliminary PUD plan. The city council shall adopt an ordinance including findings of fact for the basis of its decision. (5) When a preliminary PUD plan has been denied by the city council, the owner or applicant may not reapply for the same or similar development on the same property for the six-month period following the date of denial. (d) Effect of approval by the city council of a preliminary PUD plan. City council approval of the preliminary PUD plan with or without modification shall constitute zoning approval as well as permission to file the application for a final plan or plans. The approved preliminary PUD plan shall serve as the basis for all future development within the project area unless substantially modified according to the same procedures required for initial approval; however, such preliminary PUD plan approval shall not constitute permission to initiate site improvement or building construction. Such activities must await final PUD plan and building permit approvals. (e) Zoning map amended. The official zoning map of the city shall be revised to incorporate the new PUD overlay designation. (Prior Code, § 1132.1100) Sec. 10-513. Final PUD plan. (a) Requirements. The final PUD plan conveys essentially the same information as the approved preliminary PUD plan in a more specific and complete manner. The approved final PUD plan is the permanent public record of the PUD, may consist of all or a portion of the area encompassed by the preliminary PUD plan, and shall include revisions of the preliminary PUD plan as directed by the planning commission or city council. The final PUD plan shall implement the development objectives established by the approved preliminary PUD plan and may be submitted in project stages with separate final PUD plans for portions of the PUD. (b) Application for a final PUD plan. The final PUD plan, consisting of the entire site or at a minimum the first phase of the total development, shall be submitted for approval within 12 months after city council approval of a preliminary PUD plan unless a written § 10-513ZONING CD10:181 request for a time extension is submitted by the applicant and approved by the city council. The application for final PUD plan approval shall be on a form provided by the city and shall include all of the following information: (1) The name, address, telephone number and email address of the applicant and property owner, if different. (2) A detailed site plan, drawn to scale and suitable for recording, showing the location of all structures, including their placement, size and type as well as streets, parking areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space, including plazas and commons. The site plan shall conform to the approved preliminary PUD plan. (3) A final plat which meets the requirements of the city subdivision regulations, if required. (4) A landscape plan showing the location, size and species of all plant materials, a landscaping irrigation system plan, and all other non-vegetative landscaped features. (5) A utility plan showing the location and size of all on-site utilities and easements as well as stormwater runoff calculations for both the predevelopment and post- development conditions of the site. (6) Building plans at a level of detail necessary to allow parking calculations to be made. (7) Building elevation drawings showing architectural details and proposed building materials. (8) Any deed restrictions, covenants, agreements and articles of incorporation and bylaws of any proposed homeowners' associations or other documents or contracts which control the use or maintenance of property covered by the final PUD plan. (9) A final phasing plan, if phasing is proposed, indicating the geographical sequence and timing of the development of the plan or portions thereof, including the estimated date of beginning and completion of each phase. (10) Any other information which the city in its sole discretion may require to fully illustrate and document the intention and character of the final PUD plan. (c) Procedure for approval of a final PUD plan. (1) The application shall be reviewed by the city staff and a report concerning the application shall be submitted to the city council for its consideration. (2) The city council shall render a decision regarding the final PUD plan application. The city council shall adopt a resolution including findings of fact for the basis of its decision. § 10-513 PRIOR LAKE CODE CD10:182 (d) Conditions of approval by the city council for a final PUD plan. Any final PUD plan approved by the city council is deemed a conditional approval and shall not be valid until all of the following requirements are met: (1) Development agreement. The city and developer of a PUD shall execute a develop- ment agreement which shall incorporate the resolution approving the final PUD plan and all conditions set forth in the resolution approving the final PUD plan. The development agreement shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the state. The irrevocable letter of credit shall be subject to approval by the city. The letter of credit shall reference the development agreement and be in an amount sufficient to ensure the provision or development of improvements called for by the development agreement. (2) Operating and maintenance requirements for common areas. If certain land areas or structures within the PUD are designated for recreational use, public plazas, open areas or service facilities, the owners of such lands shall execute appropriate documents in a form acceptable to the city which ensure the continued operation and maintenance of such areas or facilities. These common areas may be placed under the ownership and control of the property owner; or of homeowners' association, if all of the following conditions are met: a. The homeowners' association must be established prior to the sale of any property in the PUD. b. Membership must be mandatory for each owner and successive buyer. c. The open space restrictions must be permanent. d. The association must be responsible for liability insurance, taxes and maintenance. e. The landowner must pay its pro rata share of an assessment levied by the association and that share if unpaid must become a lien on the property owned by the landowner. f. The association must be able to adjust the assessment to meet changed needs. (e) Effect of approval by the city council of a final PUD plan. (1) Effect of final PUD approval. Except if an amendment has been approved as set forth in section 10-514, no building permit shall be issued nor shall any development occur on land which does not conform to the approved final PUD plan. (2) Review. If substantial development has not occurred within 12 months after approval of the final PUD plan, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning to the PUD overlay district was in error. The applicant may submit a request for a time extension in writing. Such request must be approved by the city council prior to the expiration of the 12-month period. Each such extension of time shall not exceed six months. § 10-513ZONING CD10:183 (3) Changes in official controls. Upon approval by the city council of a final PUD plan, the subject area shall be governed by the conditions, provisions and restrictions of the approved final PUD plan and development agreement. For two years following final PUD plan approval, unless the developer and the city agree otherwise, no amendment to the city's comprehensive plan, chapter or subdivision regulations shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved final PUD plan. (Prior Code, § 1132.1200) Sec. 10-514. Amendments. Development of land which does not conform to the approved preliminary or final PUD plan shall only be allowed after one of the following occurs: (1) Minor amendments. a. Minor amendments to a preliminary or final PUD plan include, but are not limited to: 1. Increases in conformity with this division's requirements; 2. Decreases in residential density, leasable floor area, building height, impervious surface or required parking, provided such decreases have a minimal impact on the overall character of the approved final PUD plan as determined by the zoning administrator; 3. Minor building additions and floor plan modifications that do not increase parking requirements or reduce usable open space; and 4. Changes that are specified as minor amendments in the approved development agreement. b. Minor amendments to a preliminary or final PUD plan require approval by the city council. Minor amendments may be authorized administratively if the zoning administrator determines the amendments will have a minimal impact on the overall character of the approved final PUD plan and does not require the adjustment or relocation of property lines. (2) Major amendments. a. Major amendments to a preliminary or a final PUD plan include, but are not limited to: 1. Changes in approved use classifications; 2. Changes to the approved final plat; 3. Increases in residential density, leasable floor area, building height, or required parking; 4. Reductions in usable open space; and 5. Any changes that are anticipated to result in off-site impacts as determined by the zoning administrator. § 10-513 PRIOR LAKE CODE CD10:184 b. Major amendments to a preliminary or a final PUD plan may be made only after a public hearing conducted by the planning commission which must be proceeded by notice to all property owners within 500 feet of the subject property. Major amendments become effective only after adoption by the city council by ordinance and recording as amendments to the final PUD plan. The development agreement may also be amended if necessary. (Prior Code, § 1132.1300) Sec. 10-515. Vote approving PUD. The approval of a preliminary PUD plan, a final PUD plan, and minor or major amendments shall require an affirmative vote of two-thirds of all the members of the city council. The approval of minor amendments which the zoning administrator has determined to require the approval of the city council will require a vote of two-thirds of all the members of the city council. (Prior Code, § 1132.1400) Sec. 10-516. Fees and reimbursements for city costs. Fees for a PUD shall be set by the city council in the city fee schedule. PUDs shall also be subject to reimbursements for city costs, including enforcement, engineering, consulting and legal fees. (Prior Code, § 1132.1500) Sec. 10-517. Treatment of former PUD districts. (a) PUDs adopted prior to 1999. Prior to 1999, this division treated PUDs as overlays. Those PUDs shall continue to be treated as overlays. The regulations in the PUD documents shall govern. However, if the PUD language is silent, the regulations in the underlying zoning district shall apply. (b) PUDs adopted between 1999 and April 1, 2021. From 1999 to April 1, 2021, this division treated PUDs as a separate zoning district, rezoning the entire area as a PUD zoning district. However, there were no underlying regulations established for such PUD zoning districts, leaving a number of subjects not addressed. The city confirms that the regulations in the PUD documents shall govern. However, if the PUD language is silent, the zoning administrator may apply the regulations from the zoning district that best includes the current use of the property. For example, if a PUD consisting of single-family homes has a yard encroachment question and the PUD documents are silent on this topic, the zoning administrator may apply the yard encroachment regulations from the R-1 zoning district. Whether the PUD language is silent and which zoning district regulations apply shall both be in the sole discretion of the zoning administrator. (Prior Code, § 1132.1600) Secs. 10-518—10-542. Reserved. § 10-542ZONING CD10:185 ARTICLE V. PERFORMANCE STANDARDS DIVISION 1. GENERALLY Secs. 10-543—10-562. Reserved. DIVISION 2. GENERAL PERFORMANCE STANDARDS Sec. 10-563. Compliance required. (a) This chapter. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (b) Public works design manual (PWDM). All properties must comply with all applicable provisions of the public works design manual (PWDM). The PWDM is adopted and incorporated into this article by reference as if fully set forth. If there is a conflict between this article and the PWDM, this article shall govern, provided that two provisions addressing the same matter that are more or less restrictive are not a conflict and the more restrictive provision shall apply. (c) Plat and plans. All properties must comply with the subdivision regulations, all applicable plats and all applicable city-approved plans; provided that the plans may be modified or revised by updated city-approved plans or approved city permits. (Prior Code, § 1140.100) Sec. 10-564. Lot provisions. (a) Principal buildings. There shall be no more than one principal building on any lot except as permitted by conditional use permit or PUD. (b) Twinhome. If a parcel containing an existing twinhome is subdivided into two lots, the minimum lot area, lot width and side yard requirements may be waived subject to the following conditions: (1) A common wall shared by the two dwellings is located in its entirety on the boundary line separating the two lots; (2) The common wall meets the standards of the state building code for owner-occupied units and any other applicable codes adopted or enforced by the city; (3) A covenant or other agreement is approved by the city attorney and filed with the county recorder; and (4) Each of the two dwellings is served separately by public utilities, none of which are shared. (Prior Code, § 1140.200) § 10-543 PRIOR LAKE CODE CD10:186 Sec. 10-565. No sewer and water. (a) All developments and structures intended for human use or occupancy shall be connected to the public water supply and sanitary sewer systems. If a development is proposed for a site which does not have either a public water supply or sanitary sewer system available adjacent to the property proposed to be developed, no building permit shall be issued for such development until adequate provisions have been made by the person proposing the development to provide a public water supply and sanitary sewer service to the property. The city shall determine what constitutes adequate water and sewer service. The city may also require cash, or an irrevocable letter of credit be provided to the city in an amount equal to 125 percent of the estimated costs of extending public water and sanitary sewer facilities to the subject property. (b) No certificate of occupancy shall be issued until the new structure or development is connected to the public water supply and sanitary sewer system. (c) Properties located outside the metropolitan urban service area on the comprehensive plan and zoned agricultural or R-S and properties located on one of the islands in Prior Lake are exempt from this section. In these cases, the developer, property owner or builder must receive approval for an individual septic treatment system from the county and approval of a private well from the state health department. No certificate of occupancy shall be issued until these systems have been inspected and approved. (Prior Code, § 1140.300) Sec. 10-566. Height limitations. (a) Height limitations set forth elsewhere in this chapter shall be increased by 50 percent when applied to the following structures: (1) Art objects. (2) Belfries. (3) Chimneys. (4) Spires. (5) Cooling towers. (6) Cupolas and domes which do not contain usable space. (7) Elevator penthouses. (8) Fire and hose towers. (9) Flag poles. (10) Monuments. (11) Observation towers. (12) Smokestacks. (b) Parapet walls shall not extend more than three feet above the height of the building. § 10-566ZONING CD10:187 (c) Public water towers are exempt from height limitations. (Prior Code, § 1140.400) Sec. 10-567. Pedestrian access. (a) Purpose and effect. A goal of the comprehensive plan is to encourage transportation facilities which adequately consider pedestrian, bicycles and other nonmotorized transporta- tion needs. In order to implement this goal, pedestrian links need to be incorporated into development. (b) Required linkage to trails. All new residential developments having more than six dwelling units and all new nonresidential developments shall have pedestrian and bicycle access to public sidewalks or trails which are existing or identified as proposed by the comprehensive plan, unless there are practical difficulties in providing such a connection which would impose a hardship on the proposed development. Practical difficulties may include, but are not limited to, steep slopes, wetlands and lakes. (Prior Code, § 1140.500) Sec. 10-568. Grading, filling, land reclamation, excavation. (a) Grading and excavating permit required. No grading, filling, land reclamation or excavation shall be permitted without a grading and excavating permit required by this chapter. (b) Conditional use permit. In addition, any grading, filing, excavation or land reclama- tion involving the removal, movement or placement of over 400 cubic yards of fill shall be permitted only by conditional use permit in all zoning districts. The permit application shall include, but is not limited to: (1) A site plan which shows the existing and finished grade of the land after the work; (2) A soil analysis of the type of fill material to be used or extracted; (3) The proposed use of the land after the work; (4) The effect of the proposed operation upon the community and the adjacent land; (5) The type of equipment to be used; (6) The period of time the operation will be conducted; (7) Plans for implementation of measures to guarantee safety on the site and on adjacent sites; (8) Plans for rodent and other animal control, fire control, general maintenance of the site and adjacent area; (9) Provisions for control of material hauled to or from the site, routes of trucks moving to and from the site to deposit or remove fill material from the site, and controls to be employed to limit the effect of wind or other elements on the material; (10) A plan which shows the routes of trucks moving to and from the site; § 10-566 PRIOR LAKE CODE CD10:188 (11) An inventory of significant trees on the site, and other pertinent information necessary to the decision whether to approve the conditional use permit. The conditional use permit shall impose conditions upon the owner of the land, the developer and the person doing the work, which will ensure that the type of fill used is appropriate for the proposed land use and prevent damage to the community and adjacent landowners during the course of the operation. Those conditions may impose restrictions in all areas affecting the operation and the city may require a letter of credit to ensure the performance of the conditions imposed and the completion of the work in the manner described in the plan and conditional use permit. No permit shall be granted for a period longer than 12 months. (c) Exception. Grading, filling, land reclamation and excavation of more than 400 cubic yards conducted pursuant to a grading plan approved as part of an approved preliminary or final plat, building permit, or demolition permit shall be exempt from the provisions of this section. (Prior Code, § 1140.600) Secs. 10-569—10-599. Reserved. DIVISION 3. AGRICULTURAL AND RESIDENTIAL PERFORMANCE STANDARDS Sec. 10-600. Introduction. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (Prior Code, § 1141.100) Sec. 10-601. Residential performance standards. No structure or premises within any R use district shall be used for one or more of the following uses unless its use complies with the following regulations: (1) Dwellings. All single-family detached and twinhome dwellings: a. Shall be built on a permanent foundation; b. Shall be connected to city sanitary sewer and water unless exempted under the provisions of section 10-565; and c. If the home is a manufactured home: 1. Shall have a permanent, completely enclosed foundation constructed around the entire circumference of the structure which complies with the state manufactured home building code. 2. Shall meet the standards and be certified by the U.S. Department of Housing and Urban Development. § 10-601ZONING CD10:189 (2) Undergrounding. All utility lines, including electric, gas, water, sanitary sewer, telephone, and television cable, shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent of the floor area. In addition, any new service to an existing building shall be placed underground. (3) Curbs. All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-family detached or twinhome dwellings. (4) Vehicle storage. No vehicle shall be stored, displayed, parked, or allowed in any of the required yard or landscaped areas, except as permitted by division 7 of this article. (5) Recreational equipment. The intent of this division is to allow for the orderly storage of recreational equipment on property at certain locations during on and off seasons. During off-season times, the equipment shall be located in the most visually inconspicuous portion of the lot as viewed from the front, or from the street. a. Currently licensed and operable winter recreational equipment may be parked on or adjacent to a driveway on a lot in the residential zoning districts from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a residential zoning districts from April 1 to November 1 each year. In addition to all other requirements, all recreational equipment parked on or adjacent to a driveway shall be operable and shall have the current license posted or displayed in a visible manner on the equipment. Any recreational equipment parked on or adjacent to a driveway which is not both currently licensed and operable shall be considered an accessory structure as regulated in subsection (6) of this section or as junk regulated pursuant to this chapter. b. At all other times, recreational equipment shall be stored in the rear or side yard, provided the recreational equipment is operable. For purposes of this section, side yards shall also include areas extending from the principal house structure, using lines parallel to the sides of the house extending to the rear and front yard lines. Except as allowed above, in no case shall recreational equipment be parked in the front yard, unless an exemption is granted by the zoning administrator identified in this division. Recreational equipment shall be set back a minimum of five feet from the rear and side property lines; except that recreational equipment may be stored within five feet of a rear or side property line if screened by a fence located on the property, which fence is at least six feet high and is in compliance with the fence requirements of this article. c. No recreational equipment may be parked in residential zoning districts that do not have the same ownership between the equipment and any family member occupying the property. A house being rented shall only allow storage of recreational equipment owned by the persons renting the principal structure. § 10-601 PRIOR LAKE CODE CD10:190 d. For riparian lots without a principal structure, recreational equipment shall be located between the ordinary high-water level, and a line no more than 30 feet from the ordinary high-water level and no less than five feet from the side lot line. (6) Pedestrian access. Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single-family detached or twinhome dwellings. (7) Accessory structures. a. General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations: 1. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. 2. The accessory use or structure shall be incidental to and associated with the principal use or structure. 3. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. 4. The accessory use or structure shall be located on the same parcel of land as the principal use or structure except as allowed by the nonconformity regulations in this chapter. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. c. Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or located six feet or less from the principal structure. Such structures shall be subject to the provisions of this chapter applicable to principal structures, including, but not limited to, setbacks, building height, and other dimensional requirements. d. Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 1. The total ground floor area of all detached accessory structures located on a single residential property in the R-1 and R-2 zoning districts shall not exceed 1,000 square feet or 30 percent of the rear yard. 2. The total ground floor area of all detached accessory structures in the R-3 zoning district shall not exceed 750 square feet or 30 percent of the rear yard. § 10-601ZONING CD10:191 3. No accessory building shall be located within five feet of any lot line or within the limits set forth below if more restrictive. 4. Maximum height shall not exceed 15 feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. 5. Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the front yard or within a side yard abutting a street except as provided in the following provisions. 6. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. 7. No accessory structure may be located in any public right-of-way or public easement except by consent of the city engineer or his/her designee. 8. On riparian lots in the shoreland district, one detached accessory structure designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions: (i) The accessory structure must be located so that it meets all front yard requirements of a principal structure. (ii) The accessory building must be compatible in design and materials with the principal structure. (iii) The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses. (Prior Code, § 1141.200; Ord. No. 122-07, 8-13-2022) Sec. 10-602. A Agricultural dimensional standards. The following dimensional standards shall apply to the A zoning district: (1) No structure shall exceed 35 feet in height unless approved by the board of adjustment. (2) The maximum density shall not exceed 0.10 unit per acre. (3) The following minimum requirements shall govern the use and development of lots in the A zoning district: § 10-601 PRIOR LAKE CODE CD10:192 Residential Use Lot Area (acres) Nonresidential Use Lot Area (acres) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 10 40 330 50 20 50 (Prior Code, § 1141.300) Sec. 10-603. R-S Rural Subdivision dimensional standards. The following dimensional standards shall apply to the R-S zoning district: (1) No structure shall exceed three stories or 35 feet in height, whichever is less. (2) The floor area ratio within the R-S zoning district shall not exceed 0.3. (3) The following minimum requirements shall govern the use and development of lots in the R-S zoning district: Lot Area (acres) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 2 100 25 10 25 (4) The depth of the front year of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (5) Through lots shall have a required front yard on each street. (6) The width of the side yard setback abutting a building wall shall be increased two inches for each one foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten percent of the entire length of the wall. For the purpose of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. (7) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line to permit the average depth of the side yard to conform to the minimum side yard depth in the zoning district, but no side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (8) A single-family detached or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of this division may be expanded by an addition or dormer, § 10-603ZONING CD10:193 provided the addition does not extend into the existing side yard and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet. (9) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted, provided that the overall density created within all condominium parcels and the common area do not exceed the maximum density permitted within the zoning district. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. (Prior Code, § 1141.400) Sec. 10-604. R-1 Low Density Residential dimensional standards. The following dimensional standards shall apply to the R-1 zoning district: (1) No structure shall exceed three stories or 35 feet in height, whichever is less. (2) The floor area ratio within the R-1 zoning district shall not exceed 0.3. (3) The following minimum requirements govern the use and development of lots in the R-1 zoning district: Lot Area (sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 12,000 86 25 10 25 (4) Density. The minimum density for new development in the R-1 zoning district is two units per acre. The maximum density for new development in the R-1 zoning district is four units per acre. (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two existing front yards for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased two inches for each one foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten percent of the entire length of the wall. For the purpose of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. § 10-603 PRIOR LAKE CODE CD10:194 (9) A single-family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of this division may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet. (10) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the zoning district. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. (11) The lot width and lot area allowed in the R-1 zoning district may be reduced to no less than 80 feet in width and 11,000 square feet in area if the property abuts an outlot area designated for public drainage or utility lines. The following criteria must also be met: a. Lots may have side yards of not less than five feet for interior side yards which abut the outlot area. b. No fences, walls, accessory structures or overhangs are allowed within the outlot area. (Prior Code, § 1141.500) Sec. 10-605. R-2 Medium Density Residential dimensional standards. The following dimensional standards shall apply to the R-2 zoning district: (1) No structure shall exceed three stories or 35 feet in height, whichever is less. (2) The floor area ratio within the R-2 zoning district shall not exceed 0.3. (3) The following minimum requirements shall govern the use and development of property in the R-2 zoning district: Land Use Lot Area (sq. ft.) Lot Width (ft.) Lot Depth (ft.) Front Yard (ft.) Rear Yard (ft.) Side Yard (ft.) Single-family, detached 6,000 60 90 25 25 10 Twinhome 12,000 75 120 25 25 10 Rowhome 25 25 20-foot separation between buildings § 10-605ZONING CD10:195 Land Use Lot Area (sq. ft.) Lot Width (ft.) Lot Depth (ft.) Front Yard (ft.) Rear Yard (ft.) Side Yard (ft.) Cluster housing 30,000 100 200 25 25 10 Other uses 15,000 100 150 25 25 10 (4) The minimum density for new developments in the R-2 zoning district is 4.1 units per acre. The maximum density for new developments in the R-2 zoning district is 7.0 units per acre. (5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased two inches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten percent of the entire length of the wall. For the purpose of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. (8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (9) A single-family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of this division may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet. (10) Any parcels which are subdivided for the purpose of creating condominium owner- ship are permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the R-2 zoning district. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area. (Prior Code, § 1141.600) § 10-605 PRIOR LAKE CODE CD10:196 Sec. 10-606. R-3 High Density Residential dimensional standards. The following dimensional standards shall apply to the R-3 zoning district: (1) No structure or building shall exceed four stories or 45 feet in height, whichever is less. (2) The floor area ratio shall not exceed 0.35. (3) The minimum density for all new developments shall be 7.1 units per acre. The maximum density for all new developments shall be 20 units per acre. (4) The minimum lot area shall be 8,000 square feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. (5) The minimum lot width shall be 60 feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. (6) The front yard depth shall be a minimum of 30 feet or a distance equal to the building height, unless the average depth of at least two existing buildings within 150 feet along the same block front of the lot in question are less than 30 feet, then the required front yard depth shall be the average depth of such existing front yards or the building height whichever is greater. However, the depth of the front yard shall not be less than 15 feet. (7) The side yards shall be a minimum of 15 feet on one side and one-half the building height on the other if the building height is less than 40 feet. If the building height exceeds 40 feet, the side yards shall be 15 feet plus one foot for each foot of building height in excess of 40 feet for each one foot of building height in excess of 40 feet on the other. If property abuts land in an R-1 or R-2 zoning district at the side yard, that side shall have the larger required side yard. (8) The width of the side yard abutting a building wall shall be increased two inches for each one foot the length of the wall of the building exceeds 50 feet. For the purpose of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. (9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the zoning district, but no side yard shall be less than five feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. § 10-606ZONING CD10:197 (10) The rear yard depth shall be a minimum of 25 feet, except when the rear lot line of land on the R-3 zoning district abuts lands in the R-1 or R-2 zoning district; then the rear yard shall be a minimum of 25 feet or the building height of the building in the R-3 zoning district, whichever is greater. (11) All dwelling units shall be at or above the grade of all land abutting the structure within a distance of 25 feet from all faces of the building. (12) Each lot shall contain a minimum of 400 square feet of usable open space for each dwelling unit located on it. (13) Any parcels which are subdivided for the purpose of creating condominium owner- ship are permitted, provided that the overall density created within all condominium parcels plus the common area does not exceed the maximum density permitted within the zoning district. Provisions for open space may be provided on a common lot. Any front, rear, and side yard dimensions required by this division shall apply from the building face to the property line of the common area. (Prior Code, § 1141.700) Sec. 10-607. Required yards/open space; yard encroachments. The following shall not be deemed encroachments on yard requirements unless located less than five feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in this article. (1) All yards. a. Appurtenances associated with a principal building such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18 inches above the corresponding floor level), fireplace bump-outs, and platforms. b. Yard lights and nameplate signs for single-family detached and twinhome residential structures in the R-1, R-2 and R-3 zoning districts. c. Flag poles, bird baths and other ornamental features detached from the principal building. d. Canopies no more than 12 feet wide are permitted in the R-3 zoning district if they are open at the sides and provide 14 feet of clearance if located over any access roadway or fire lane. (2) Front yards. a. Awning and door hoods which extend five feet or less into the required front yard. b. A vestibule which extends five feet or less into the required front yard under the following conditions: 1. The vestibule shall be designed, constructed, and attached to the principal building in compliance with the state building code. § 10-606 PRIOR LAKE CODE CD10:198 2. The vestibule shall be constructed of materials compatible with those of the principal building. 3. The vestibule area, measured from the outside of the outside walls, shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than six feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets. a. Eaves which extend no more than six inches into the required yard and gutters which extend no more than 12 inches into the required yard. b. Heating, ventilating and air conditioning equipment. c. Recreational equipment stored as allowed by this division. (4) Rear yards. a. Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fireplaces and fire pits. b. Recreational equipment stored as allowed by this division. (5) New decks may not encroach into required yards. Existing decks not meeting the required setbacks may be replaced if the following criteria are met: a. The deck existed on the date the structure setbacks was established; b. The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; c. The deck is constructed primarily of wood and is not roofed or screened; and d. The existing deck is not located within an easement, right-of-way, or over a lot, parcel or property line. (6) Items not specifically listed in this section but that are similar may be allowed subject to approval by the zoning administrator. (Prior Code, § 1141.800) Sec. 10-608. Lighting. (a) Purpose. The purpose of this section is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this section apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of this article, street lighting within public rights-of-way, and lighting for single-family detached and twinhome residential structures. § 10-608ZONING CD10:199 (b) General provisions. (1) Lighting plan. a. The city shall require submission of a light distribution plan to ensure compliance with the intent of this section for all new multifamily residential development, redevelopment and additions which exceed 20 percent of the floor area of the principal structure. The plan shall include the type and arrange- ment of proposed lighting and proposed lighting levels in footcandles at all locations on the site, including at lot, property or parcel lines. b. Upon completion of any project requiring a lighting distribution plan, measure- ment of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES handbook and shown to comply with the provisions of this section. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. (2) Measurements shall be made after dark at the lot, property or parcel lines. (3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed 0.5 footcandle when the source of light abuts any residential parcel or one footcandle when the source of light abuts any commercial or industrial parcel or any public right-of-way all as measured at one foot above the ground. (4) The city may limit the hours of operation of outdoor lighting equipment if the city believes it necessary to reduce the impact of light on the surrounding neighborhood. (5) No flickering or flashing lights shall be permitted. (6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the city. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture. (7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available. (8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided in subsection (c) of this section. § 10-608 PRIOR LAKE CODE CD10:200 (c) Outdoor recreational lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of the enactment of the ordinance from which this section is derived, are exempted from the exterior light standards of this section between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the zoning administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet. (Prior Code, § 1141.900) Secs. 10-609—10-634. Reserved. DIVISION 4. COMMERCIAL AND TOWN CENTER PERFORMANCE STANDARDS Sec. 10-635. Introduction. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (Prior Code, § 1142.100) Sec. 10-636. C Commercial restrictions and performance standards. The following restrictions and performance standards shall govern uses permitted in any C zoning district: (1) Goods produced on the premises in the C-1 zoning district shall be sold only at retail on the premises and the processes and equipment employed in production shall be of such character that no offensive odor, dust, smoke, ash, gas, noise, vibration, or waste matter are produced from the use of them. (2) Uses shall front on a public way or an interior arcade. (3) All delivery service entrances to a building in the C-1 zoning district shall be from a public alley, service alley, off-street parking lot, or all deliveries shall be made from the curb. (4) There shall be no vehicular access within 50 feet of the intersection of the projection of the nearest curblines of any public streets to a parcel on which a commercial use is operated. (5) No storage, display or parking of vehicles shall be allowed in any of the required yards or landscaped areas. (6) New structures and structures which expand the gross square footage of the structure by more than 50 percent shall be required to place all utility service lines underground. Any new service to an existing building shall be placed underground. § 10-636ZONING CD10:201 (7) Access for all commercial uses shall be from a roadway identified in the comprehensive plan as a collector or arterial or otherwise located so that access can be provided without generating significant traffic on local residential streets. (8) Unless otherwise noted in this article, all commercial uses shall maintain a minimum setback of 60 feet from any side or rear lot line abutting a residential zoning district. (9) Noxious matter. The emission of noxious matter shall be controlled so that no such emission crosses the lot line of the property from which it originates. The term "noxious matter" means any solid, liquid or gaseous material, including, but not limited to, gases, vapors, odor, dusts, fumes, mists or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare, or causes damage to property. The owner of the property or the manager of the business that generates noxious matter shall comply with a Minnesota Pollution Control Agency (MPCA) regular inspection schedule as approved by the city and shall submit reports of such inspections to the city. (10) Restricted operations. Noise, odors, smoke and particulate matter shall not exceed MPCA standards. Glare, whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates. (Prior Code, § 1142.200) Sec. 10-637. TC Town Center dimensional and design standards. The following standards shall apply to the TC Town Center district: (1) Dimensional standards. Dimensions (in feet) Minimum lot width 30 Front yard Minimum setback 0 Maximum setback 3 along Main Avenue 10 along Local Streets (except Main Avenue) No maximum along Highway 21 Side yard Minimum setback 0 Maximum setback 10 along Main Avenue and local streets (unless parking is located within the side yard) No maximum along County Highway 21 Rear yard Minimum 0 Minimum floor area ratio 0.5 § 10-636 PRIOR LAKE CODE CD10:202 Dimensions (in feet) Build-to line Along Main Avenue a build-to line is established a distance of 3 feet from the inner edge of the street right-of-way (in most cases, this is the inner edge of the sidewalk). At least 70% of the building façade that fronts Main Avenue must be built out to this line Maximum height 55 Minimum height 17 on Main Avenue (2) Design standards. a. Purpose. The purpose of this subsection is to provide guidance and direction in the development and redevelopment of lots within the town center zoning district. The long-term viability of materials, visual character and sense of place of the town center zoning district are important attributes to the high quality of life in the community. The design of existing and new structures shall be complementary and of high quality. The design standards have been developed for the following purposes: 1. To ensure new development compliments the established character of the town center zoning district; 2. To set clear standards for the development and redevelopment that reinforces the small town feel and character of the town center zoning district; 3. To implement the community goals of the comprehensive plan; and 4. To guide developers and property owners on expansions, renovations, or new construction. b. Applicability. The design standards and the design review procedure per subsection (2)d of this section apply only to the buildings being developed or altered, including: 1. All new commercial or mixed-use buildings. 2. Any renovation, expansion, or exterior changes to existing commercial or mixed-use structures. Existing façades and building features that are not compatible with the style and period of the building shall be removed to the extent feasible. These may include, but are not limited to, wood or plastic shake mansard roofs, plastic or oddly shaped awnings, window opening infills, or surrounds designed to reduce the size of window § 10-637ZONING CD10:203 openings, modern siding materials inconsistent with the original façade, and light fixtures inconsistent with the building's original style or a traditional downtown aesthetic. (i) Masonry buildings shall be cleaned as necessary to lighten the overall color. (ii) New masonry work shall match the color and materials or the original façade. (iii) Wherever practical, façade renovations shall not destroy or cover original details on a building. Brick and stone façades shall not be covered with artificial siding or panels. (iv) Original window and door openings shall be maintained wherever practical. New window and door openings shall maintain a similar horizontal and vertical relationship as the original. c. Exemptions. The design standards do not apply to: 1. Internal alterations that do not result in a change to the building height, roofline, or footprint. 2. Building additions of less than 50 percent gross floor area. d. Review procedure. In addition to the site plan review information required under section 10-848, the following items shall be submitted for review and approval: 1. Elevations. Complete exterior elevations of all proposed buildings and existing buildings if they are joined to new development. Elevations should be drawn at an appropriate scale (usually one-fourth inch equals one foot) and should show: (i) Designations of materials and colors proposed for all exterior façades; (ii) Percentage breakdown by material for each façade; and (iii) Proposed style, size, and location for all signs. 2. Material samples. Material samples should be presented, including color and material type, for all walls and roof. 3. Color samples. Samples of all principal and accent colors to be used. 4. Building height and context. Photographs of surrounding buildings on the same block or street that show the proposed construction or renovations in context. e. Design. Design criteria may be found in division 5 of this article. f. Screening. Utility service structures such as utility meters, transformers, above-ground tanks, refuse handling, loading docks, maintenance structures and other ancillary equipment must be inside a building or be entirely screened from abutting property views by a decorative fence, wall, or screen of plant § 10-637 PRIOR LAKE CODE CD10:204 material of sufficient height. Fences and walls shall be architecturally compat- ible with the primary structure. Loading docks or doors should always be located on a side or rear elevation. (Prior Code, § 1142.300; Ord. No. 123-01, §§ 1, 2, 1-6-2023) Sec. 10-638. TC-T Transitional Town Center purpose, permitted uses, standards. (a) Purpose. The purpose of the TC-T Transitional Town Center zoning district is to provide a special designation for the fringe areas of the historical and recognized downtown business area. Eventually, redevelopment, stimulated in part by available city programs, should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the town center. New development and redevelopment in the TC-T zoning district will only be permitted if it conforms to the uses allowed in the TC zoning district. (b) Permitted uses. Uses, whether commercial or residential, legally existing on June 1, 2009, may continue. The intent of this provision is to allow existing uses to remain and be maintained. To meet this intent, the following work is permitted: (1) Work required bringing existing structures into compliance with current building code; (2) Interior remodeling; (3) The addition of a two-car garage, either attached or detached to residential structures. (4) Existing residential uses may be converted to provide additional units. A minimum of two parking spots per unit must be provided on the site. (c) Uses permitted by conditional use permit. No structure or land in a TC-T zoning district may be used for any of the uses listed below except by conditional use permit. Conditional uses must comply with all provisions of this chapter, including, but not limited to, conditions, requirements, performance standards and procedures and with any other conditions the planning commission may impose that are intended to promote the health, safety, and welfare of the residents within the city to maintain the characteristics of a neighborhood. Conversion of existing residential uses to commercial uses may be permitted subject to approval of a conditional use permit. (1) The use must be located completely within the existing structure. No additions to the structure are permitted. (2) The exterior of the existing building shall maintain the residential character of the structure. (3) No more than one wall sign shall be permitted. (d) Redevelopment of existing structures and uses. Development of properties within the TC-T zoning district for commercial use shall not be permitted unless the property is rezoned to the TC zoning district. § 10-638ZONING CD10:205 (e) Dimensional standards. Dimensional standards for uses in existence on June 1, 2009, in the TC-T zoning district shall be the same as those standards in the R-2 zoning district. (Prior Code, § 1142.400) Sec. 10-639. C-1 Neighborhood Business dimensional standards. (a) Minimum requirements. The following minimum requirements shall govern the use and development of lots in the C-1 zoning district: Minimum Lot Area (square feet) Maximum Building Size (square feet) Maximum Lot Area (acres) Maximum Height (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Parking Setback (ft.) 20,000 10,000 5 35 30 15 30 10 (b) Lots adjacent to residential zoning districts. The following setbacks shall apply to developments and use of lots adjacent to residential zoning districts: Building Setback Adjacent to R Zoning District (ft.) Parking Setback Adjacent to R Zoning District (ft.) 60 20 (Prior Code, § 1142.500) Sec. 10-640. C-2 General Business dimensional standards. (a) Minimum requirements. The following minimum requirements shall govern the use and development of lots in the C-2 zoning district: Minimum Lot Area Minimum Lot Width (ft.) Maximum Height Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Parking Setback (ft.) 0.5 acre 100 45 feet or 4 stories, whichever is greater 30 10 15 10 (b) Lots adjacent to residential zoning districts. The following setbacks shall apply to developments on lots adjacent to residential zoning districts: Building Setback Adjacent to R Zoning District (ft.) Parking Setback Adjacent to R Zoning District (ft.) 60 20 (Prior Code, § 1142.700) § 10-638 PRIOR LAKE CODE CD10:206 Sec. 10-641. C-3 Business Park dimensional standards. (a) Minimum requirements. The minimum lot size in the C-3 zoning district shall be one acre, and the minimum lot width shall be 100 feet. No more than 50 percent of any lot shall be covered by structures. The maximum floor area ratio is 0.50. No structure shall exceed four stories or 45 feet in height, whichever is less. (b) Required setbacks. Within the C-3 zoning district, the following minimum setbacks shall apply: Front (ft.) Side (ft.) Rear (ft.) Arterial and Collector Roads (ft.) Structure 30 15 15 50 Structure abutting an R zoning district 30 50 50 50 Parking lot, drive aisle, ground sign 10 5 10 30 Parking lot abutting an R zoning district 10 20 20 NA (Prior Code, § 1142.700) Sec. 10-642. Yard encroachments. The following shall not be deemed encroachments on yard requirements unless located less than five feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in this article: (1) All yards. a. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18 inches above the corresponding floor level), fireplace bump-outs, and platforms. b. Yard lights, floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes. c. Flag poles, bird baths and other ornamental features detached from the principal building. d. Canopies no more than 12 feet wide are permitted in the C-1, C-2, and C-3 zoning districts if they are open at the sides and provide 14 feet of clearance if located over any access roadway or fire lane. (2) Front yards. a. Awnings and door hoods which extend five feet or less into the required front yard. § 10-642ZONING CD10:207 b. A vestibule which extends five feet or less into the required front yard under the following conditions: 1. The vestibule shall be designed, constructed, and attached to the principal structure in compliance with the state building code. 2. The vestibule shall be constructed of materials compatible with those of the principal structure. 3. The vestibule area, measured from the outside of the outside walls, shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than six feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets. a. Eaves which extend no more than six inches into the required yard, and gutters which extend no more than 12 inches into the required yard. b. Heating, ventilating and air conditioning equipment. (4) Rear yards. Heating, ventilating and air conditioning equipment. (5) Items not specifically listed in this section but that are similar may be allowed subject to approval by the zoning administrator. (Prior Code, § 1142.800) Sec. 10-643. Lighting. (a) Purpose. The purpose of this section is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this section apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of this chapter or street lighting within public rights-of-way. (b) General provisions. (1) Lighting plan. a. The city shall require submission of a light distribution plan to ensure compliance with the intent of this section for all new commercial development, redevelopment and additions which exceed 20 percent of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site, including at lot, property or parcel lines. b. Upon completion of any project requiring a light distribution plan, measure- ment of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as § 10-642 PRIOR LAKE CODE CD10:208 specified in the most recent version of the IES handbook and shown to comply with the provisions of this section. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. (2) Measurements shall be made after dark at the lot, property, or parcel lines. (3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed 0.5 footcandle when the source of light abuts any residential parcel or one footcandle when the source of light abuts any commercial or industrial parcel or any public right-of-way all as measured at one foot above the ground. (4) The city may limit the hours of operation of outdoor lighting equipment if the city believes it necessary to reduce the impact of light on the surrounding neighborhood. (5) No flickering or flashing lights shall be permitted. (6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the city. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture. (7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available. (8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided in subsection (c) of this section. (c) Outdoor recreational lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of the enactment of the ordinance from which this section is derived, are exempted from the exterior light standards of this section between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the zoning administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet. (Prior Code, § 1142.900) Secs. 10-644—10-674. Reserved. § 10-674ZONING CD10:209 DIVISION 5. INDUSTRIAL PERFORMANCE STANDARDS Sec. 10-675. Compliance. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (Prior Code, § 1143.100) Sec. 10-676. I-1 Industrial performance standards. No structure or premises within any I-1 zoning district shall be used for one or more of the following uses unless its use complies with the following regulations: (1) Enclosed structure. Except for off-street vehicular parking, off-street loading, or as specifically permitted elsewhere in this chapter, all business, service, storage, merchandise, display, repair, waste disposal, and processing shall be conducted wholly within an enclosed structure. (2) Processes and equipment of goods. Processes and equipment employed in production of goods shall conform to the following standards: a. Vibration. Any vibration discernible beyond the property line to the human sense of feeling for five minutes or more duration (cumulative) in any one hour or any vibration producing a particle velocity of more than 0.035 inch per second are prohibited. For properties abutting an R zoning district, no vibration producing a particle acceleration velocity of more than 0.035 inch per second at the property line is permitted between the hours of 7:00 p.m. and 7:00 a.m. b. Glare and heat. Any operation producing glare or heat shall be performed within an enclosure so as not to be perceptible at the property line. c. Industrial waste material. All liquid and solid waste shall be identified in all processes and operations and approved disposal methods identified. All waste discharged to the sanitary sewer shall meet the requirements of the city and the rules and regulations of the metropolitan waste control commission. All proposed discharges to the storm sewer shall be identified. No waste will be permitted to be discharged into the storm sewer system, provided that this does not exclude storm drainage, cooling water, and other water not prohibited by any law, rule, regulation, or ordinance. Stormwater drainage and erosion and sediment control shall meet the requirements of all state laws, rules, regula- tions, watershed district requirements, and city requirements. Stormwater drainage shall be protected from undue pollution and contaminants. All solid waste must be identified and handled in compliance with federal, state, and local requirements. d. Noise. Noise levels inside and outside of all buildings must meet federal, state and local requirements. § 10-675 PRIOR LAKE CODE CD10:210 e. Air pollution. All emissions shall meet federal, state and local requirements. (3) Manufacture of product. The manufacture of a product which decomposes by detonation or produces dioxin is prohibited. (4) Property access. There shall be no access to a property which is within 50 feet of the intersection of the nearest curb of any public streets. (5) Storage area, display or parking of vehicle. No storage areas, no display or parking of vehicles shall be permitted in any required yard or landscaped areas. (6) Utility service lines. All utility service lines, including electric, gas, water, sanitary sewer, storm sewer, telephone, and cable, shall be placed underground at the owner's expense for all new structures or new additions which expand the gross square footage by more than 50 percent, and in those instances in which any new service is provided to an existing building. (7) Access to industrial uses. Access to all industrial uses shall be from a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (8) Industrial property abutting a property line of property zoned for residential use. When any part of an industrial property abuts any property line of property used or zoned for residential use or is designated in the comprehensive plan for residential use, all outdoor activities are limited to normal hours of operation. Normal hours of operation are defined as being between the hours of 6:00 a.m. and 10:00 p.m., Monday through Sunday inclusive. Outdoor activities include all manufacturing, testing, processing, loading, unloading, truck maneuvering, movement of equipment and other materials and other similar uses that occur outside of an entirely enclosed principal structure. All activities that are not conducted within normal hours of operation shall be conducted entirely within a completely enclosed principal structure. (9) Temporary permit for extended hours of outdoor operation. a. A business may apply for a temporary permit to conduct outdoor operations outside of normal business hours (between 10:00 p.m. and 6:00 a.m.). The application for such permit shall specify the name and address of the applicant, the location of the temporary outdoor operation, the nature of the activity, the anticipated duration of such activity and the name and telephone number of the responsible person available on the premises while temporary outdoor opera- tions are being conducted. The permit application shall be submitted to, reviewed by and either issued or denied by the zoning administrator. b. A temporary permit may be granted for a period not to exceed 15 days. A person receiving a temporary permit may apply for extensions, provided that the number of days for which temporary permits are granted shall not exceed 90 days in any calendar year. § 10-676ZONING CD10:211 c. A permit shall not be issued to any applicant who has had two violations of a temporary permit or this chapter within a period of one year preceding the date of application. d. A permit issued pursuant to this division shall be revoked upon a violation of this section or the terms of the permit. e. When a permit is issued for a period of time exceeding five days, notice shall be sent to owners of property in a residential zoning district abutting the property for which a permit is granted informing them of the terms of the permit. The holder of the temporary permit shall reimburse the city for the cost of such notice. f. Employee parking during temporary outdoor operations shall be located on site as far as possible from the abutting residential zoning district. g. The fee for a temporary permit shall be as set forth in the city fee schedule. h. A business shall apply for a temporary permit at least seven business days before the after-hours activity is to commence. (10) Outdoor public address systems. No outdoor public address systems shall be permitted. (11) Setback of industrial buildings. Unless otherwise noted in this chapter, all industrial buildings shall maintain a minimum setback of 60 feet from any side or rear property line abutting a residential zoning district. (Prior Code, § 1143.200) Sec. 10-677. Industrial dimensional standards. (a) The following minimum requirements shall govern the use and development of property in the I-1 zoning district: Minimum Lot Area Minimum Lot Width (ft.) Maximum Height Maximum Floor Area Ratio Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) Parking Setback (ft.) 1 Acre 150 45 feet or 4 stories, whichever is less 1.0 30 10 15 10 (b) Lots adjacent to residential zoning districts: The following setbacks shall apply to developments on lots adjacent to residential zoning districts: Building Setback Adjacent to Residential Zoning District (ft.) Parking Setback Adjacent to Residential Zoning District (ft.) 60 20 (Prior Code, § 1143.300) § 10-676 PRIOR LAKE CODE CD10:212 Sec. 10-678. Yard encroachments. The following shall not be deemed encroachments on yard requirements unless located less than five feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in this chapter: (1) All yards. a. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18 inches above the corresponding floor level), fireplace bump-outs, and platforms. b. Yard lights, floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes. c. Flag poles, bird baths and other ornamental features detached from the principal building. d. Canopies no more than 12 feet wide are permitted in the I-1 district if they are open at the sides and provide 14 feet of clearance if located over any access roadway or fire lane. (2) Front yards. a. Awnings and door hoods which extend five feet or less into the required front yard. b. A vestibule which extends five feet or less into the required front yard under the following conditions: 1. The vestibule shall be designed, constructed, and attached to the principal structure in compliance with the state building code. 2. The vestibule shall be constructed of materials compatible with those of the principal structure. 3. The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than six feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets. a. Eaves which extend no more than six inches into the required yard and gutters which extend no more than 12 inches into the required yard. b. Heating, ventilating and air conditioning equipment. (4) Rear yards. Heating, ventilating and air conditioning equipment. § 10-678ZONING CD10:213 (5) Items not specifically listed in this section but that are similar may be allowed subject to approval by the zoning administrator. (Prior Code, § 1143.400) Sec. 10-679. Lighting. (a) Purpose. The purpose of this section is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this section apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of this chapter or street lighting within public rights-of-way. (b) General provisions. (1) Lighting plan. a. The city shall require submission of a light distribution plan to ensure compliance with the intent of this section for all new industrial development, redevelopment and additions which exceed 20 percent of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site, including at lot, property or parcel lines. b. Upon completion of any project requiring a light distribution plan, measure- ment of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES handbook and shown to comply with the provisions of this section. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used. (2) Measurements shall be made after dark at the lot, property or parcel lines. (3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed 0.5 footcandle when the source of light abuts any residential parcel or one footcandle when the source of light abuts any commercial or industrial parcel or any public right-of-way all as measured at one foot above the ground. (4) The city may limit the hours of operation of outdoor lighting equipment if the city believes it necessary to reduce the impact of light on the surrounding neighborhood. (5) No flickering or flashing lights shall be permitted. § 10-678 PRIOR LAKE CODE CD10:214 (6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the city. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture. (7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available. (8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided in subsection (c) of this section. (c) Outdoor recreational lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time the enactment of the ordinance from which this section is derived, are exempted from the exterior light standards of this section between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the zoning administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet. (Prior Code, § 1143.500) Secs. 10-680—10-701. Reserved. DIVISION 6. ARCHITECTURAL DESIGN Sec. 10-702. Purpose. (a) The purpose of this division is to serve the public interest by requiring development in the city to meet certain minimum architectural design standards. Through a comprehensive review of both functional and aesthetic aspects of new or intensified developments, the city needs to accomplish all the following objectives: (1) Implement the goals and policies set out in its comprehensive plan; (2) Preserve the character of residential neighborhoods and the city's commercial and industrial areas; (3) Maintain and improve the city tax base; (4) Reduce the impacts of dissimilar land uses; (5) Promote orderly and safe flow of vehicular and pedestrian traffic; (6) Discourage the development of identical and similar building façades which detract from the character and appearance of the neighborhood; § 10-702ZONING CD10:215 (7) Preserve the natural and built environment; and (8) Minimize adverse impacts on adjacent properties from buildings which are or may become unsightly. (b) All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (Ord. No. 123-01, § 3(1144.100), 1-6-2023) Sec. 10-703. Multifamily design standards. The provisions in this section apply to multifamily residential uses in the R-3 zoning district. These provisions apply to all new buildings and all additions to existing buildings. If an addition exceeds a 50 percent expansion of the existing building area, both the existing building and the addition shall meet the provisions of this section. When only the building's exterior is being renovated, the renovations may replace existing materials with new like materials, or with permitted exterior materials identified in this section. (1) Roofs and parts of building equipment. Roofs that are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt or wood shingles and be of an approved earth tone color. The visual impact of rooftop equipment shall be minimized using one of the following methods: a. A parapet wall. b. A fence or screen, the height of which extends at least one foot above the top of the rooftop equipment and incorporates the architectural features of the building. c. The rooftop equipment shall be painted to match the roof facing material of the building. (2) Noise-producing developments. The development must locate the noise-producing portions of the development, such as loading docks and outside activity, away from adjacent residential areas. (3) Utility service structures and equipment. Utility service structures such as utility meters, utility lines, transformers, generators, maintenance structures, and other ancillary equipment must be inside a building or be entirely screened from off-site views. (4) Utility services. All utility services shall be underground except as provided elsewhere in this chapter. (5) Exterior surface materials of buildings. Exterior surface materials of buildings shall be subject to the following regulations: a. Permitted exterior materials. 1. The following materials shall be allowed as exterior finishes for all buildings: (i) Brick, stone, stucco or EIFS synthetic stucco (provided the material shall not be allowed within four feet from grade), architectural § 10-702 PRIOR LAKE CODE CD10:216 concrete precast panels, color-impregnated decorative block, and glass. Architectural precast panels may be painted to the manufacturer's painting specifications. (ii) Masonry materials such as brick, stone and block may be used as face or veneer, adhered, or anchored, as long as the exterior finish remains durable with high architectural quality. 2. The following materials shall be allowed as exterior finishes for all buildings, provided that no more than 50 percent of any individual exterior wall shall consist of this material: fiber cement siding. This 50 percent limit may be exceeded only as follows: (i) Up to 75 percent of any individual exterior wall, including accessory structures, may be constructed of these materials for walls that do not abut a street or public right-of-way. (ii) Architectural accent materials, such as prefinished metal or wood, shall be allowed as exterior finishes for all buildings, provided that no more than 25 percent of any individual exterior wall shall consist of this material. b. Prohibited exterior materials. The following materials shall not be allowed as exterior finishes for all buildings: unadorned pre-stressed concrete panels; non-decorative concrete block; sheet metal; plywood; reflective or mirrored glass; corrugated or unfinished metal (except copper or other metal specifically engineered for exterior architectural use); aluminum siding or vinyl siding. c. Long walls. No wall shall exceed 100 feet in length without visual relief, defined as the incorporation of design features such as large doors, windows, horizontal and vertical patterns, contrasting materials, or varying wall depths. d. Use of non-listed materials. The zoning administrator may permit an exterior surface material not identified in this section, provided the material is a result of new technology or the material is equal to or better in quality, appearance, and durability than the permitted materials. The applicant must submit the manufacturer's warranty of the non-listed material. This subsection does not intend to reduce the percentage of required materials. e. Colors. Building colors shall consist of subtle, neutral, muted colors, with low reflectance which complement the principal materials. Bright or primary colors should only be used as accents, occupying a maximum of ten percent of building façades. This standard does not apply to murals or other approved public art. (6) Building design. Building design shall include a minimum of two of the following design elements: a. At least two contrasting, yet complementary, exterior building colors, accent materials, or material textures; b. At least 25 percent window coverage on each building wall facing a street; § 10-703ZONING CD10:217 c. A combination of horizontal and vertical design features; d. A front entry that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance; e. Varying roofline; f. Varying wall depths and shapes; or g. Other unique architectural features in the overall building design. (Ord. No. 123-01, § 3(1144.200), 1-6-2023) Sec. 10-704. Commercial, business park and industrial design standards. The provisions in this section apply to all commercial and industrial uses in the C-1, C-2, C-3, and I-1 zoning districts. These provisions apply to all new buildings and all additions to existing buildings. If an addition exceeds a 50 percent expansion of the existing building area, both the existing building and the addition shall meet the provisions of this section. When only the building's exterior is being renovated, the renovations may replace existing materials with new like materials, or with permitted exterior materials identified in this section. (1) Roofs and parts of building equipment. Roofs that are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam prefinished metal, concrete, slate, tile or copper and be of an approved earth tone color. The visual impact of rooftop equipment shall be minimized using one of the following methods: a. A parapet wall. b. A fence or screen, the height of which extends at least one foot above the top of the rooftop equipment and incorporates the architectural features of the building. c. The rooftop equipment shall be painted to match the roof facing material of the building. (2) Noise-producing developments. The development must locate the noise-producing portions of the development, such as loading docks, outside storage and outside activity away from adjacent residential areas. (3) Screening of outside storage areas. All outside storage areas shall be screened to minimize off-site views using a Type C bufferyard or greater, as defined by this chapter. (4) Utility service structures and equipment. Utility service structures such as utility meters, utility lines, transformers, generators, above-ground tanks, fuel canisters, maintenance structures, and other ancillary equipment must be inside a building or be entirely screened from off-site views. (5) Utility services. All utility services shall be underground except as provided elsewhere in this chapter. § 10-703 PRIOR LAKE CODE CD10:218 (6) Exterior surface materials of buildings. Exterior surface materials of buildings shall be subject to the following regulations: a. Permitted exterior materials. 1. The following materials shall be allowed as exterior finishes for all buildings: (i) Brick, stone, stucco or EIFS synthetic stucco (provided the material shall not be allowed within four feet from grade), architectural concrete precast panels, color-impregnated decorative block, and glass. Architectural precast panels may be painted to the manufacturer's painting specifications. (ii) Masonry materials such as brick, stone and block may be used as face or veneer, adhered, or anchored, as long as the exterior finish remains durable with high architectural quality. 2. The following materials shall be allowed as exterior finishes for all buildings, provided that no more than 50 percent of any individual exterior wall shall consist of this material: fiber cement siding. This 50 percent limit may be exceeded only as follows: (i) Up to 75 percent of any individual exterior wall, including accessory structures, may be constructed of these materials for walls that do not abut a street or public right-of-way. (ii) There is no limit on the amount of insulated metal wall panels that may be used on an exterior wall in the C-3 or I-1 use districts, provided they are used in a panelized system that consists of prefabricated or factory manufactured insulated metal wall panels and the building design includes a minimum of three of the building design elements listed in subsection (7) of this section. (iii) Architectural accent materials, such as prefinished metal or wood, shall be allowed as exterior finishes for all buildings, provided that no more than 25 percent of any individual exterior wall shall consist of this material. b. Prohibited exterior materials. The following materials shall not be allowed as exterior finishes for all buildings: unadorned pre-stressed concrete panels; non-decorative concrete block; sheet metal; plywood; corrugated or unfinished metal (except copper or other metal specifically engineered for exterior architectural use); aluminum siding or vinyl siding. c. Long walls. No wall shall exceed 100 feet in length without visual relief, defined as the incorporation of design features such as large doors, windows, horizontal and vertical patterns, contrasting materials, or varying wall depths. d. Use of non-listed materials. The zoning administrator may permit an exterior surface material not identified in this section, provided the material is a result of new technology or the material is equal to or better in quality, appearance, § 10-704ZONING CD10:219 and durability than the permitted materials. The applicant must submit the manufacturer's warranty of the non-listed material. This section does not intend to reduce the percentage of required materials. e. Colors. Building colors shall consist of subtle, neutral, muted colors, with low reflectance which complement the principal materials. Bright or primary colors should only be used as accents, occupying a maximum of ten percent of building façades. This standard does not apply to murals or other approved public art. (7) Building design. Building design shall include a minimum of two of the following design elements: a. At least two contrasting, yet complementary, exterior building colors, accent materials, or material textures; b. At least 25 percent window coverage on each building wall facing a street; c. A combination of horizontal and vertical design features; d. A front entry that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance; e. Varying roofline; f. Varying wall depths and shapes; or g. Other unique architectural features in the overall building design. (Ord. No. 123-01, § 3(1144.300), 1-6-2023) Sec. 10-705. Town Center design standards. The provisions in this section apply to all uses in the TC zoning district. These provisions apply to all new buildings and all additions to existing buildings. If an addition exceeds a 50 percent expansion of the existing building area, both the existing building and the addition shall meet the provisions of this section. When only the building's exterior is being renovated, the renovations may replace existing materials with new like materials, or with permitted exterior materials identified in this section. (1) Roofs subject to projects of residentially zoned lots. Sloped roofs should only be used when the project abuts residentially zoned lots. Sloped roofs on projects not abutting residentially zoned lots shall only be used if concealed by a parapet or false front. (2) Utility service structures and equipment. Utility service structures such as utility meters, utility lines, transformers, generators, and other ancillary equipment must be inside a building or be entirely screened from view from off site. (3) Utility services. All utility services shall be underground except as provided elsewhere in this chapter. § 10-704 PRIOR LAKE CODE CD10:220 (4) Exterior surface materials of buildings. Exterior surface materials of buildings shall be subject to the following regulations: a. Permitted exterior materials. 1. With Main Avenue or Dakota Street frontage. For buildings with frontage on Main Avenue or Dakota Street: (i) A minimum of 80 percent of façades abutting public right-of-way shall be constructed of high-quality, durable principal materials, including brick, stone, or glass. Masonry materials such as brick and stone may be used as face or veneer, adhered, or anchored, if the exterior finish remains durable with high architectural quality. (ii) A maximum of 20 percent of façades abutting public right-of-way may be constructed of high quality, durable accent materials, including stucco or EIFS synthetic stucco (provided the material shall not be allowed within four feet from grade), architectural concrete precast panels, fiber cement siding, or color-impregnated decorative block. Architectural precast panels may be painted to the manufacturer's painting specifications. (iii) Side or rear façades not abutting public right-of-way shall have a minimum of 60 percent of the principal materials listed in subsection (4)a.1(i) of this section and may have a maximum of 40 percent of accent materials as per subsection (4)a.1(ii) of this section. 2. Without Main Avenue or Dakota Street frontage. For buildings without frontage on Main Avenue or Dakota Street: (i) A minimum of 50 percent of façades abutting public right-of-way shall be constructed of high-quality, durable principal materials, including brick, stone, or glass. Masonry materials such as brick and stone may be used as face or veneer, adhered, or anchored, if the exterior finish remains durable with high architectural quality. (ii) A maximum of 50 percent of façades abutting public right-of-way may be constructed of high-quality, durable accent materials, including stucco or EIFS synthetic stucco (provided the material shall not be allowed within four feet from grade), architectural concrete precast panels, fiber cement siding, or color-impregnated decorative block. Architectural precast panels may be painted to the manufacturer's painting specifications. (iii) A maximum of 25 percent of all façades may be constructed of high-quality durable architectural accent materials, including prefin- ished metal or wood. (iv) Side or rear façades not abutting public right-of-way shall have a minimum of 35 percent of the principal materials listed in subsection (4)a.2(i) of this section and may have a maximum of 65 percent of accent materials as per subsection (4)a.2(ii) of this section. § 10-705ZONING CD10:221 b. Prohibited exterior materials. The following materials shall not be allowed as exterior finishes for all buildings: unadorned pre-stressed concrete panels; non-decorative concrete block; sheet metal; plywood; reflective or mirrored glass; corrugated or unfinished metal (except copper or other metal specifically engineered for exterior architectural use); aluminum siding or vinyl siding. c. Long walls. No wall shall exceed 100 feet in length without visual relief, defined as the incorporation of design features such as doors, windows, horizontal and vertical patterns, contrasting materials, or varying wall depths. d. Use of non-listed materials. The zoning administrator may permit an exterior surface material not identified in this section, provided the material is a result of new technology or the material is equal to or better in quality, appearance, and durability than the permitted materials. The applicant must submit the manufacturer's warranty of the non-listed material. This section does not intend to reduce the percentage of required materials. e. Colors. Building colors shall consist of subtle, neutral, muted colors, with low reflectance which complement the principal materials. Bright or primary colors should only be used as accents, occupying a maximum of ten percent of building façades. This standard does not apply to murals or other approved public art. (5) Building design. Building design shall include a minimum of two of the following design elements: a. At least two contrasting, yet complementary, exterior building colors, accent materials, or material textures; b. At least 25 percent window coverage on each building wall facing a street; c. A combination of horizontal and vertical design features; d. A front entry that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance; e. Varying roofline; f. Varying wall depths and shapes; or g. Other unique architectural features in the overall building design. (Ord. No. 123-01, § 3(1144.400), 1-6-2023) Secs. 10-706—10-723. Reserved. DIVISION 7. LANDSCAPING, BUFFERYARDS, TREES, AND FENCES Sec. 10-724. Compliance. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (Prior Code, § 1145.100) § 10-705 PRIOR LAKE CODE CD10:222 Sec. 10-725. Required yards/open space. (a) The area of a yard, bufferyard, or other open space shall not be reduced below the minimum size required by this chapter. (b) If the existing yard is less than the minimum size required by this chapter, it shall not be further reduced in size. (c) If the existing bufferyard or other open space is less than the minimum size required by this chapter, it shall not be reduced in size. (d) No yard or open space which is required by this chapter for any structure shall be included as a part of any yard or open space which is required by this chapter for another structure, unless specifically provided in this division. (e) Usable open space which is required by this chapter may contain improvements such as outdoor swimming pools, patio areas, game areas, landscaped and grassy areas which contain benches, sculpture gardens, pedestrian paths and trails, or similar outdoor fixtures or features. Roofs, driveways, and parking areas shall not constitute usable open space. The minimum dimension of usable open space shall be 30 feet. (f) On a through lot, both street lines shall be front lot lines for the purpose of applying this chapter. (Prior Code, § 1145.200) Sec. 10-726. Landscaping and screening. (a) Purpose. (1) The purpose of this section is to establish performance standards and minimum requirements for landscaping, buffering and screening that will enhance the visual, environmental, and aesthetic character of property and site development within the city. These standards will be used to review and evaluate subdivision and site plans and development proposals. (2) The objectives of these requirements are to establish and maintain forestation of the city; to provide appropriate ground cover vegetation for controlled soil erosion; to preserve and enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of develop- ment; and to establish standards for utilization of natural and other materials to achieve desired screening, buffering and landscaping. (3) This section sets forth minimum requirements for landscaping and reforestation and technical limitations to ensure that the result is consistent with reasonable maintenance requirements on a long-term basis and to ensure that the results provide landscape amenities to the urban environment. (4) This section is intended to provide standards that allow flexibility in design and individual site needs. Designers are encouraged to utilize a variety of site landscape § 10-726ZONING CD10:223 elements (i.e., trees, shrubs, ground covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, art forms and other similar items), in creative ways that are aesthetically pleasing yet functional where required. (b) Plan review standard. Plan review by the city will include such items as: choice of materials, especially plantings, to determine if they are functionally appropriate for the intended purpose; hardiness; disease resistance; compatible choice and mix of materials; whether materials complement or provide pleasing contrast to on-site and off-site conditions to maintain interest; and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this section due to unique or exceptional circumstances and conditions which are existing or proposed. (c) Application. (1) This section applies to all proposed commercial, industrial, multifamily residential (projects of three or more dwelling units per building), public assembly, and school uses which are permitted, permitted with conditions or permitted with conditional use permits within their respective zoning districts. Properties in TC zoning districts which do not have frontage on CH 21 or State Highway 13 shall be exempt from this section. (2) Existing commercial, industrial, multifamily residential (projects of three or more dwelling units per building), and public assembly uses shall also comply with this section, except as exempted herein, when a building permit is issued for their expansion. Exceptions include additions in which the ground building footprints in total are under ten percent of the existing structures gross floor area or 4,000 square feet, whichever is less. (d) General provisions and landscape requirements. (1) To help ensure the best possible results, landscaping plans must be prepared and certified by a registered landscape architect in the state for: a. Commercial, industrial, and public assembly development projects with sites over 20,000 square feet or gross building area of 4,000 square feet or more; b. Multifamily residential projects of eight or more dwelling units per building. Plans for projects smaller than those identified above shall be prepared by either a registered landscape architect or a professional site planner with educational training or work experience in site analysis and landscape plan preparation. (2) The quantity of plant materials shown on the landscape plans of proposed develop- ments shall meet or exceed the minimums defined in this section. (3) The city requires landscape treatment of the whole site to include the following elements: a. The site perimeter. § 10-726 PRIOR LAKE CODE CD10:224 b. The entry focal areas of a development (i.e., major entity drives, corner areas, signage locations and other similar focal points). c. The parking lot landscape. d. Screening of mechanical equipment, exterior storage, loading docks, trash storage or visual clutter as identified by the city in plan review process. (4) The plant materials used must meet or exceed the city standards of size and species in order to qualify for credit towards the landscape requirements. Additional plant materials smaller than required herein may be appropriate and necessary to achieve the design effect. (5) Preservation of existing vegetation on site is encouraged and will be credited toward the landscape requirement if it can successfully be incorporated into the landscape plan. Existing plant materials must meet or exceed the city standard in order to qualify for a 1:1 substitution credit. (6) Plantings at street intersections shall not block visibility within the traffic visibility zone. (7) Plantings shall not interfere with drainage patterns, create unreasonable conflict with utilities (i.e., frequent pruning near overhead power lines, etc.) or restrict access to any utilities. (8) Landscape coverage shall be defined as all ground areas surrounding the principal building and accessory buildings which are not garden areas, driveways, parking lots, sidewalks or patios. All ground areas shall be landscaped with grass, shrubs, trees or other approved material. (9) Landscaping or irrigation systems within city right-of-way are not permitted without written consent of the city engineer and an executed private use of public property agreement. (10) Trees shall be from balled and burlapped, certified nursery stock as defined and controlled by Minn. Stats. ch. 18H. Landscaping trees may also be from bare root stock, provided the trees are planted no later than May 15, and the planting is inspected by the city. (e) Calculation of requirements, credits and sizes. (1) Planting requirement. The planting requirement shall be the sum of the following separate requirements. These formulas are only intended as a method to generate a quantitative performance level and not a design instruction. Creativity of design is encouraged to provide specific solutions. a. Perimeter tree calculation. 1. Commercial, industrial, school, and public assembly sites shall contain, at a minimum, the greater of one tree per 40 feet of the site perimeter or one tree per 1,000 square feet of gross building area. § 10-726ZONING CD10:225 2. Multifamily dwelling sites shall contain, at a minimum, the greater of one tree per dwelling unit, or one tree per 40 feet of site perimeter. b. Entry plantings. Each entry and focal area of a development shall include landscaping (trees, shrubs, etc.). No numerical requirement of plants is provided, but the landscape plan shall reflect the proposed plantings. Trees required on the perimeter calculation are not applicable to this design feature. c. Parking lot landscape. Requirements for landscaping of parking lots are outlined in division 8 of this article. d. Miscellaneous screenings. As identified in subsection (f) of this section, other screening shall be provided. No numerical requirement of plants is provided. The perimeter tree planting requirement may be used to provide trees for this purpose. (2) Plant sizes. Plants provided by the developer as credit for meeting the landscape requirement shall meet the following size criteria: a. Deciduous canopy trees: two-inch caliper balled and burlapped. b. Coniferous trees: six feet high balled and burlapped. c. Others. 1. Ornamental or half trees. 1 -inch caliper balled and burlapped (can substitute for canopy trees at a ratio of two ornamental/half trees for one canopy tree). 2. Other shrubs. No minimum, except that they must meet the stated purpose (screening, etc.). d. All plantings shall be appropriate to the hardiness zone and physical characteristics of the site. They shall conform to the size and quality standards in the most current edition of the American Standard for Nursery Stock as published by the American Nursery and Landscape Association. e. Any deciduous and coniferous trees proposed to meet the minimum require- ments must be included on the list of acceptable species in section 10-728. f. The complement of trees fulfilling the minimum requirements shall be at least 25 percent deciduous and at least 25 percent coniferous to maintain a mix of plant types. Any proposed modification to this requirement will consider the site-specific design solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met. g. Installation will be in accordance with professional horticultural standards as established in the most current edition of the Landscape Construction Refer- ence Manual as published by the American Nursery and Landscape Associa- tion. (3) Credits for existing materials. The developer may request credit for plant materials preserved on site provided the developer has demonstrated that the plant material § 10-726 PRIOR LAKE CODE CD10:226 has been accurately identified by species and location on a survey. The plant materials correct location shall also be shown on the grading plan with appropriate measures to ensure their protection and survival (i.e., snow fence barrier, appropri- ate distance to tree base and root structure, pruning, watering, mulching, root protection/pruning, timing, fertilization, tree removal plan/techniques, disease preven- tion, method to prevent soil compaction over root systems, etc.). This tree protection/ preservation plan shall be prepared by a qualified forester, registered landscape architect or arborist. a. Existing trees must conform to the minimum size requirements identified in this section to be credited. b. Plants must be of approved species included on the list in section 10-728. Weak-wooded and disease-prone species are not suitable for credit. c. The extent of credit will be based on staff review of data (plans and narrative) presented by the developer. Criteria will include type of material, size, quality, location and extent of site coverage. (4) Variation of plant sizes. a. For all landscape plans, at least ten percent of the coniferous or deciduous canopy trees must exceed the minimum size (at least eight feet high or 3 -inch caliper balled and burlapped, respectively) to establish some diversity in size. b. For multifamily projects, 20 percent of the required plants shall be of larger sizes. These plants shall be used in the areas for strategic screening, softening of buildings, focal point enhancement, adjacent to recreational areas for shade, etc. (f) Other screening. Developers shall make design efforts to fully screen service areas, trash storage, loading, mechanical equipment and other similar areas, from view by the general public or adjacent residential areas. Berming and landscaping shall be placed around fence and wall screening where applicable. Each site will be evaluated as to its specific needs and solutions which may exceed these minimum standards. (1) Trash handling. Exterior dumpsters, trash, trash handling equipment and recycling equipment shall be screened by a 100 percent solid fence or wall of at least one foot above the height of the trash equipment or six feet in height, whichever is greater. (2) Docks and loading areas. Where adjacent to residentially zoned or used property, all docks and loading areas shall be screened from immediately adjacent property by a 100 percent solid fence of at least six feet in height. (g) Grounds and lawns. (1) All areas must be finished off with a stable landscape (trees, shrubs, turf, mulch, etc.) or hard constructed surface (concrete, bituminous, pavers, etc.). No site areas can be § 10-726ZONING CD10:227 left unfinished or subject to erosion. Landscape rock or bark/wood chip mulch may be substituted for sod in shrub and flower planting beds and building maintenance strips. (2) All lawn areas and drainage swales shall be sodded. At least a two-foot width of sod shall be provided between all paved/curbed areas and seeded/natural/native areas to provide a finished edge and control erosion. Seeding or reseeding is allowed for less visible or large and remote portions of a site that are unused or subject to future development. Seed mixes could include prairie grass or other appropriate low maintenance mixes. Athletic fields may be seeded. (3) Slopes in excess of 3:1 will not be allowed in areas intended for maintained turf. For slopes in excess of 3:1, a slope stabilization plan must be approved by the city; otherwise terracing or retaining walls will be required. (4) In all areas to be lawn and landscaped, the developer may provide a built-in irrigation system. In this case, an irrigation plan shall be required at the time of the building permit. This plan shall indicate the overlapping pattern, head type, control type and location, source of water and connection method. The system plan shall be prepared by a qualified designer with experience designing systems for similar uses, project type, and size. The irrigation system must also be equipped with a rain sensor. If an irrigation system is not installed, the developer must meet the maintenance standards in subsection (h) of this section. (5) Undisturbed areas containing existing viable natural or native vegetation shall be maintained free of foreign or noxious plant materials. Top seeding or enhancement of these areas should occur as needed and appropriate to fill in thin areas and revitalize existing vegetation. (h) Maintenance standards. (1) All cultivated landscape areas shall be maintained by the property owner to present a healthy, neat and orderly area. This shall include: a. Maintaining a healthy, pest-free condition. b. Removing dead, diseased or dangerous trees or shrubs or parts thereof. c. Providing appropriate pruning per National Arborist Association and American Nursery and Landscape Association Standards. d. Mowing or removal of noxious weeds and grasses. e. Removing trash and other debris. f. Watering to ensure plant growth and survival. (2) Natural or native plant communities shall be managed in order to maintain the plant community for the purpose that it was preserved or created. This includes trimming as needed of all noxious vegetation and long grasses, removal of trash or other debris, and other horticulturally appropriate maintenance methods for the specific type of plant community. § 10-726 PRIOR LAKE CODE CD10:228 (i) Performance guarantee. (1) All plants shall be guaranteed by the developer for one year after total project acceptance if a built-in irrigation system is installed, or for two years after total project acceptance if a built-in irrigation system is not installed. (2) If an irrigation system is installed, the irrigation system shall be guaranteed for one year concurrent with the plant guarantee. This will ensure one winter season with a fall shutdown and spring startup. (3) The developer shall notify the city prior to total project acceptance, for city concurrence on the acceptability of the complete landscape and irrigation system installation. The city shall issue a letter accepting the landscape and irrigation system installation and therein fixing the date for guarantee purposes. (4) For projects without a built-in irrigation system, the developer shall post an irrevocable letter of credit in a form approved by the city with the city for the complete landscaping plan, including plants, mulch and edgers, before the building permit is issued. The letter of credit shall be held by the city for at least two years following the completion of the project and acceptance of the landscaping by the city. The letter of credit shall be used, if necessary, to effect satisfactory completion of the project in the event of incomplete or failed work. The value of the letter of credit shall be 125 percent of the estimated construction costs for plants, mulching and edgers. (j) Submission requirements. Landscape plans must be drawn to scale, show all proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plans must include: (1) The entire project area, project name, developer, registered landscape architect or landscape designer, architect, dates, existing site conditions, including topography, vegetation, ponding areas or water bodies, utilities, boundary data and sidewalks; proposed site conditions, including grading plan and tree preservation/protection plan; site lighting, off-site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping. (2) Calculations to evaluate compliance with the provisions of this division, including area in square footage and percentage in total area for building, parking lot, including driveways, landscape areas and total area; and quantities of trees and shrubs required and planted or preserved. (3) Supportive plans, details, written narrative notes, cross sections of other information as may be required by the zoning administrator that is reasonable and necessary to demonstrate the design intent and general compliance with this section. (Prior Code, § 1145.300) Sec. 10-727. Bufferyards. (a) Purpose. This section provides the landscaping and width requirements for buffer- yards. A bufferyard combines distance and a visual buffer or barrier to reduce the undesirable impact of a use on neighboring property. It includes an area, and a combination § 10-727ZONING CD10:229 of plantings, berms, fences and walls that are required to eliminate or reduce existing or potential nuisances. These nuisances can occur between adjacent zoning districts and between different development options within the same zoning district. Such nuisances are dirt, litter, noise, glare of lights, signs, and incompatible land uses/buildings/parking areas. Bufferyards will operate to minimize the negative impact of any use of neighboring property. Plant material proposed to meet necessary landscaping requirements may also be used toward meeting the purpose of the bufferyard requirements. (b) Required locations for bufferyards. Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two uses of differing intensity abut one another. Bufferyards may be located in required yard areas. Bufferyard plantings or structures shall not be located on any portion of any existing, dedicated or officially mapped right-of-way. Properties which are located adjacent to any city boundary are required to provide a bufferyard when the more intense use is located in Prior Lake. (c) Determination of required bufferyard. The type of bufferyard required is determined by first identifying the zoning district of the property to be developed, and then by identifying the zoning district of the adjacent property. The table below specifies the intensity of the required bufferyard: Bufferyard Requirements Zoning of Proposed Use Zoning of Adjacent Property R-1 R-2, R-3 TC, TC-T, C-1, C-2 R-2, R-3 C TC, TC-T, C-1, C-2 D B C-3, I-1 E D B (d) Additional bufferyard requirements. When two uses of differing intensity are located on either side of an existing public right-of-way, the bufferyard requirement shall be one letter less than required by the above table. In such instances, half the width of the right-of-way may be counted as contributing to the width requirements for a bufferyard. When a property is located adjacent to a municipal boundary, a bufferyard is required if the more intense development is located within the city. (e) Identification of detailed bufferyard requirements. (1) All bufferyards allow a variety of bufferyard widths, ranging from ten feet to 30 feet. Bufferyards are not required when site improvements, including, but not limited to, parking lots, buildings, storage enclosures, etc., are greater than 30 feet from the property line. The number of plantings required in each bufferyard is specified in the table below: § 10-727 PRIOR LAKE CODE CD10:230 Bufferyard Options (Requirements are per 100 feet of distance) Bufferyard Width1 (in feet) Canopy Plantings Ornamental Half Trees Shrubs Fences B 10 1.0 2.0 3.0 15 0.8 1.6 2.4 20 0.6 1.2 1.8 C 10 2.5 5.0 8.0 15 2.0 4.0 6.0 20 1.6 3.2 4.8 25 1.2 2.4 3.6 D 10 2.7 5.4 8.0 Required 20 3.0 6.0 9.0 25 2.4 4.8 7.2 30 1.8 3.6 5.4 E 10 3.0 6.0 8.5 Required 15 4.5 9.0 13.5 Required 20 5.0 10.0 15.0 25 4.0 8.0 12.0 30 3.0 6.0 9.0 1Width refers to separation distance between property line and site improvements. (2) In bufferyards D and E, fences are required in addition to the plantings when a narrow bufferyard is used. Required fences shall be a minimum of six feet in height with 90 percent opacity. Fences shall comply with all applicable provisions of this chapter. Building walls which are located within 15 feet of any property line may be considered to be a fence, provided that no doors open into the area and that required bufferyard plant units are installed between the wall and property line. (3) To calculate the required number of plantings in a bufferyard, determine the type and width of bufferyard, and apply the following formula: Number of canopy plantings x linear distance/100 = total canopy plantings Number of ornamental plantings x linear distance/100 = total ornamental plantings Number of shrubs x linear distance/100 = total shrubs For example, a Type C bufferyard that is 15 feet wide on a 250-foot lot will require the following plantings: 2.0 x 250/100 = 5 canopy plantings 4.0 x 250/100 = 10 ornamental plantings 6.0 x 250/100 = 15 shrubs (f) Plant materials. Planting materials for bufferyards must meet the following criteria: a. All plants shall be winter hardy. § 10-727ZONING CD10:231 b. All plants shall fall under one of the following categories: canopy tree, ornamental tree, evergreen tree, ornamental shrub or evergreen shrubs. In addition, herbaceous plants such as perennial prairie grasses and ornamental grasses may be used if approved by the city. The permitted types of trees shall be those listed as significant trees in section 10-728. (g) Party responsible for installation of bufferyard. If a use is proposed which abuts or is across the street from an existing use which results in requirements for a bufferyard that proposed use shall provide the bufferyard. (h) Exceptions to bufferyard requirements. (1) Plant material existing on a parcel which meets the bufferyard planting require- ments for location, size and species may be counted toward the total bufferyard plant material requirements. (2) Bufferyard plant materials which are existing on an adjacent developed parcel of land may be counted toward total plant material requirements if the minimum bufferyard width is provided and a voluntary agreement with the adjoining landowner can be negotiated which is consistent with the provisions of this section. (Prior Code, § 1145.400) Sec. 10-728. Tree preservation and restoration. (a) Intent and purpose. It is the intent of the city to protect, preserve and enhance the natural environment of the community, and to encourage a resourceful and prudent approach to the development and alteration of wooded areas in the city. This section has the following specific purposes: (1) Recognize and protect the natural environment consistent with the city's mission statement and goals of the comprehensive plan through preservation and protection of significant trees. (2) Promote protection of trees for the benefits provided, including beauty, protection against wind and water erosion, enhancement of property values, noise reduction, air quality, energy reduction, buffering, privacy and natural habitats. (3) Establish requirements related to cutting, removal or destruction of existing trees, especially significant trees. (4) Establish reasonable requirements for replacement of significant trees. (5) To allow the development of wooded areas in a manner that minimizes and mitigates the removal and destruction of trees, preserves aesthetics, property values, and the nature and character of the surrounding area. (6) To provide for the fair and effective enforcement of the regulations contained herein. (b) Application. This section applies to the following: (1) All new public or private development on either platted or unplatted property. § 10-727 PRIOR LAKE CODE CD10:232 (2) New construction on vacant building sites on lots platted before January 1996. (3) Redevelopment of sites platted prior to January 1996, where existing structures are removed or destroyed. (c) Acceptable species. (1) Coniferous trees. Coniferous trees are considered to be significant for purposes of this section at a height of 12 feet or more. Species of coniferous trees required to be surveyed for tree preservation plan approval are as follows: Cedar, White (Arborvitae) Pine, Eastern White Cedar, Red Pine, Jack Fir, Balsam Pine, Ponderosa Fir, Douglas Pine, Red (Norway) Fir, Frasier Pine, Scots Fir, White Spruce, Black Larch, American Spruce, Black Hills Larch, European Spruce, Norway Larch, Japanese Spruce, White Larch, Siberian (2) Deciduous trees. Deciduous trees are considered to be significant at six diameter breast height (DBH) inches or more. Species required to be surveyed are as follows: Alder, European Black Hawthorn, Thornless Cockspur Apricot, Manchurian Hickory, Bitternut Birch, Paper Honeylocust, Thornless Birch, River Hop Tree Buckeye, Ohio Hophornbeam (Ironwood) Burning Bush Hornbeam, American Catalpa, Northern Lilac, Japanese Tree Cherry, Sour Linden, American Cherry, Amur Choke Linden, Littleleaf Cherry, Black Linden, Crimean Coffeetree, Kentucky Linden, Redmond Coffeetree, Espresso Maackia, Amur Coffeetree, Stately Manor Magnolia, Cucumbertree Corktree, Amur Maple, Amur Corktree, His Majesty Maple, Freeman Corktree, Sakhalin Maple, Red Corktree, Macho Maple, Shantung Corktree, Shademaster Maple, Sienna Glen Crabapple Maple, Sugar Dogwood, Pagoda Maple, Tatarian Eastern Wahoo Mountain Ash, Korean § 10-728ZONING CD10:233 Elm, Accolade Oak, Bicolor Elm, Cathedral Oak, Black Elm, Jacan Japanese Oak, Bur Elm, New Horizon Oak, Northern Pin Elm, Patriot Oak, Red Elm, Princeton Oak, White Elm, Valley Forge Pear, Ussurian Ginkgo (Male trees) Serviceberry, Allegheny Hackberry Serviceberry, Downy Hawthorn, Downy Viburnum, Nannyberry (3) Heritage trees. a. A heritage tree is any tree listed in subsection (c)(1) or (2) of this section in fair or better condition which equals or exceeds the following diameter size: Tree Type Tree Diameter Size Examples Large hardwoods 27" DBH Oaks Large coniferous 24" DBH Pine b. A tree in fair or better condition must meet the following criteria: 1. A life expectancy of greater than ten years. 2. A relatively sound and solid trunk with no extensive decay or hollow. 3. No major insect or pathological problem. 4. A lesser size tree can be considered a heritage tree if a certified forester determines it is a rare or unusual species or of exceptional quality. 5. A lesser size tree can be considered a heritage tree if it is specifically used by a developer as a focal point in the project. (4) Other trees. Trees not included in the above species lists may be included for credit as part of the tree inventory subject to city approval and the following criteria: a. A life expectancy of greater than ten years. b. A relatively sound and solid trunk with no extensive decay or hollow. c. No major insect or pathological problem. d. A certified forester determines it is a rare or unusual species or of exceptional quality. e. It is specifically used by a developer as a focal point in the project. (d) Tree preservation plan approval required. It is unlawful for any person to engage directly or indirectly in land alteration, as defined in this chapter, unless such person has first applied for and obtained approval of a tree preservation plan from the city's zoning § 10-728 PRIOR LAKE CODE CD10:234 administrator. No preliminary plat, building permit, grading and excavating permit, or other city required permit shall be granted unless approval of a tree preservation plan has first been obtained. (1) Meeting with city staff. Prior to submittal of a preliminary plat application where there is impact to trees, the applicant may meet with city staff to discuss alternative designs for the development of a site. This meeting may also be part of a concept plan review, permitted under the subdivision regulations. (2) Alternative analysis. The following guidelines shall be considered when developing or reviewing proposed development alternatives: a. It is capable of being done from an engineering point of view; b. It is in accordance with accepted engineering standards and practices; c. It is consistent with reasonable requirements of the public health, safety, and welfare; d. It is an environmentally preferable alternative based on a review of social, economic, and environmental impacts; e. It would create no truly unusual problems; and f. Any plans reviewed by the city as part of this alternative analysis shall be kept on file at the city. (3) Determination of impact minimization. The applicant shall provide justification that the preferred alternative will minimize impacts to trees. The following guidelines shall be used: a. The location of existing structural or natural features that may dictate the placement or configuration of the project; b. The sensitivity of the site design to the natural features of the site, including topography, hydrology, existing vegetation, preservation of natural vistas, and impacts on adjacent property. In cases of infill development, consideration shall be placed on sensitivity to adjacent properties; and c. The value, function, and spatial distribution of the trees on the site. (4) Unavoidable impacts. Unavoidable impacts that remain after efforts to minimize, rectify, or reduce require replacement as set forth in subsection (e)(3) of this section. (e) Tree preservation permit process. (1) Application. Application for approval of a tree preservation plan shall be made in writing to the zoning administrator. This application may be made separately or may be included as part of a development application. Information to be included in the application includes at least the following: a. A tree inventory which includes the following information for each significant tree on the site and any off-site/bordering trees whose critical root zone is on the property: 1. Identification number for each tree. § 10-728ZONING CD10:235 2. Tree type: significant or heritage. 3. Tree size (diameter breast height). 4. Tree species. 5. Indication of preservation or removal. 6. Total number of significant and heritage trees on site. 7. Total number of significant trees and heritage trees proposed to be preserved/removed. b. A tree preservation plan exhibiting a stamp/certification and signature of the certified forester, arborist, or landscape architect. The tree preservation plan shall be prepared at the same scale as the proposed development plan and shall show the following: 1. Survey location of all significant trees with identification number. 2. Identification of critical root zones extending from trees located on adjacent tracts, including the location of the trees. 3. A graphic delineation of the following areas: (i) Proposed significant tree retention areas. (ii) Proposed afforestation and reforestation areas. (iii) Proposed limits of disturbance. (iv) Steep slopes of 25 percent or more. (v) Delineated wetlands, including any required buffers and conserva- tion easements. (vi) Topographic contours and intervals. 4. Such other information that the city determines is necessary to implement this section. c. A simplified tree preservation plan may be submitted where trees do not currently exist on the site or where existing trees will not be cut, cleared, or graded for the proposed development, and where adequate tree protection devices and long-term agreements are established for the protection of existing significant trees. This simplified plan may be included on the existing conditions survey required as part of the preliminary plat. d. Tree replacement plan. A scaled drawing of the site depicting where the replacement trees will be planted is required to be submitted with the following: 1. Locations of all preserved and replacement trees; 2. Plant list including tree species and size in DBH; and 3. Easements, right-of-way, construction limits, building pads, driveway and utilities. § 10-728 PRIOR LAKE CODE CD10:236 (2) Allowable tree removal. a. Following the concept plan review and the alternative analysis criteria listed above, significant trees may be destroyed without any required replacement within the width of required easements for public streets, utilities and stormwater ponding areas. b. In areas outside of the exempted areas listed above, up to 35 percent of the total diameter at breast height inches of all significant trees may be removed without replacement or restitution. c. Vacant lot development on lots platted prior to January 1996. On individual lots, up to 35 percent of the total diameter at breast height inches of all significant trees may be removed for the installation of utilities, driveways and the building pad without tree replacement or restitution. d. Redevelopment of lots platted prior to January 1996, and developed lots. On previously platted and developed lots where the structures have been removed or destroyed to more than 50 percent of the current market value, up to 35 percent of the total diameter breast height inches of all significant trees may be removed for the installation of utilities, driveways and building pads without tree replacement or restitution. e. Significant trees in excess of the limitations of this section may be removed, provided all trees removed in excess of the limitations shall be replaced in accordance with the tree replacement formula. (3) Tree replacement formula. Replacement of removed or disturbed trees in excess of the percentage allowed in subsection (e)(2) of this section requires a tree replacement plan and shall be according to the following guidelines: a. For development which exceeds the percentage of allowable removal of significant trees, all trees shall be replaced at the ratio of one-half caliper inch per one diameter at breast height inch removed. b. For each heritage tree saved, the developer may receive credit toward the required replacement trees. This credit will be at a rate of two caliper inches for each one diameter at breast height inch saved. To receive this credit, the applicant must demonstrate that extraordinary measures have been taken to preserve the heritage trees that otherwise would not be saved. c. The zoning administrator, in his/her sole discretion, may allow a portion of the requirement for replacement trees to be satisfied through an approved landscape plan that may include understory trees, shrubs, and landscape beds; however, in any case, 80 percent of the required replacement trees shall be satisfied through overstory trees. The overall landscape plan must be approved prior to construc- tion of any lots within the development. This option is at the discretion of the zoning administrator. § 10-728ZONING CD10:237 d. Required replacement trees shall be planted on private property on the site being developed. If the applicant demonstrates to the satisfaction of the zoning administrator that it is not practical or reasonable to plant all or some of the required replacement trees on private property on the site, the applicant may meet the tree replacement requirements through one or a combination of the following: 1. Trees may be planted on city owned or managed land on the site being developed as approved by the zoning administrator; 2. Trees may be planted on city owned or managed land off the site being developed as approved by the zoning administrator or his/her designee; 3. Trees may be planted on other private property within the city with permission of the property owner as approved by the zoning administrator. If a buffer area as defined by the natural resource corridor map is on the property, replacement trees shall be planted in the buffer area first; or 4. Upon request of the applicant, applicant may make a cash payment to city to be used for planting of trees within the city or to subsidize trees sold to the city's residents; such payment shall be per caliper inch required as reflected in the current city fee schedule. The above-listed options are listed in the order that the city will consider replacement. e. Minimum sizes for replacement trees shall be: 1. Deciduous: two caliper inches. 2. Coniferous: six feet in height. f. Replacement trees shall be from balled and burlapped, certified nursery stock as defined and controlled by Minn. Stats. ch. 18H. Replacement trees may also be from bare root stock, provided the trees are planted no later than May 15 and the planting is inspected by the city. g. Replacement trees shall be covered by a minimum one-year guarantee. h. Replacement trees shall be of a species similar to other trees found on the site where removal has taken place or shall be selected from the list of significant coniferous and deciduous trees found in this section. Selection of replacement tree types for use on public sites shall be at the sole discretion of the city. i. Where heritage trees have been removed, replacement trees shall consist of the same species as the removed heritage tree or a tree that has the same potential value as the removed heritage tree. This value shall be certified by a certified forester or arborist. For the purposes of this subsection, the term "value" is defined as a species which has the same growth and life potential as the removed tree. § 10-728 PRIOR LAKE CODE CD10:238 j. New subdivision trees, as required by the subdivision regulations, may be counted towards required replacement. New subdivision trees must meet the size requirements listed in the applicable subdivision requirement. k. Replacement trees may be utilized to meet landscaping requirements if placement, species, and location are consistent with necessary landscaping provisions. (4) Certification of compliance with approved tree preservation plan. Upon completion of the required tree replacement, the developer shall notify the city and request an inspection of the work. Following the inspection, the city shall notify the developer that all work has been satisfactorily completed, or what work is still required. The required warranty period outlined below shall begin on the date of the letter satisfactory completion issued by the city. The city may, at the discretion of the zoning administrator, hire a consultant to verify and advise the city on matters involving this division. All costs incurred by the city in hiring a consultant shall be reimbursed by the developer, if not included within a development contract. (5) Warranty requirement. a. Sites of new development. The developer shall provide a financial guarantee, in a form satisfactory to the city, prior to the approval or issuance of any permit for land alteration. 1. The amount of the guarantee shall be 125 percent of the estimated cost to furnish and plant replacement trees. The estimated cost shall be provided by the developer subject to approval by the city. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of replacement trees. The city reserves the right in its sole discretion to determine the estimated cost in the event the developer's estimated cost is not approved. 2. The security shall be maintained for at least one year from the inspection approval. Upon expiration of the year, the city may release that portion of the security being held for the replacement trees which are alive and healthy at the end of such year. Any portion of the security not entitled to be released at the end of the year shall be maintained and shall secure the developer's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of such year and to replant missing trees. Upon completion of the replanting of such trees, the entire security may be released. b. Previously platted vacant lots. For construction on vacant lots platted prior to January 1996, the developer shall provide a cash escrow in the amount determined by the city fee schedule to guarantee compliance with the require- ments of this division. The estimated cost shall be provided by the developer subject to approval by the zoning administrator. The security shall be released upon certification of compliance by the developer to the satisfaction of the § 10-728ZONING CD10:239 zoning administrator. Notwithstanding the foregoing, no portion of the security shall be released while there are unsatisfied developer's obligations to indemnify the city for any expenses in enforcing the terms of this section. c. Redevelopment of lots platted prior to January 1996, and developed lots. For construction on previously platted and developed lots, the developer shall provide a cash escrow in the amount determined by the city fee schedule to guarantee compliance with the requirements of this division. The estimated cost shall be provided by the developer subject to approval by the zoning administrator. The security shall be released upon certification of compliance by the developer to the satisfaction of the zoning administrator. Notwithstand- ing the foregoing, no portion of the security shall be released while there are unsatisfied developer's obligations to indemnify the city for any expenses in enforcing the terms of this section. d. Reimbursement of security by city. The city may retain from the security required in subsections (e)(5)a, b and c of this section as reimbursement an amount expended by the city to enforce the provisions of this section. (f) Entry on private property and interference with inspection. The city's zoning administra- tor may enter upon private premises at any reasonable time for the purposes of enforcing the regulations set forth in this section. No person shall unreasonably hinder, prevent, delay or interfere with the city's zoning administrator while they are engaged in the enforcement of this section. (g) Applicability. This section does not apply to dead and diseased trees. (Prior Code, § 1145.500) Sec. 10-729. Fences and walls. (a) Provisions supplemental; measurement. In addition to all other applicable regulations, fences and walls are subject to the provisions in this section. For the purposes of this section, the height of a fence or wall shall be measured from the ground level to the top of the fence or wall section at its highest point. (b) Permit required for fences. A permit shall be obtained prior to the construction or replacement of any fence as follows: (1) A zoning permit shall be obtained prior to the installation of a fence seven feet or less in height. A site plan showing the location of the fence in relation to the property lines and structures shall be submitted with the permit application. (2) A building permit shall be obtained prior to the installation of a fence greater than seven feet in height. A fence greater than seven feet in height shall be considered a structure and shall meet all state building code requirements for a structure. Application shall be on a form furnished by the city and shall be submitted to the zoning administrator. The zoning administrator shall review the application for compliance with this section and for the effect of the fence on the public health, safety and welfare. § 10-728 PRIOR LAKE CODE CD10:240 (c) Fence regulations. Regardless of whether a permit is required, all fences shall comply with the following regulations: (1) Fence posts may extend no more than eight inches above the height limit of a fence. (2) Barbed wire and other materials that are deemed by the city to be dangerous or hazardous, including electric fences or razor wire, are not allowed except in the agriculture zoning district if the fence is used to fence livestock. (3) Temporary snow fences, including accompanying posts and supports, shall be permitted in any yard only from November 1 to April 1. (4) No fence or wall shall be permitted which violates traffic visibility regulations. (5) No fence shall be constructed above a height of 30 inches within any sight area abutting any driveway, which area is described as follows: Side 1 which begins at the point of intersection of the existing curbline of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the edge of the street away from the driveway; Side 2 which begins at the point of intersection of the existing curbline of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the length of the driveway; and Side 3 connecting the end points of the two sides described above (see Figure 1). (6) The finished side of the fence (having no structural supports) must face to the outside (away from the property being fenced) toward abutting property or street right-of- way. (7) A fence greater than six feet in height which is located in any side yard, rear yard or side yard abutting street shall have a minimum 90 percent opacity, leaving a maximum of ten percent open for the passage of air and light. A fence located in a front yard shall have a maximum 50 percent opacity, leaving a minimum of 50 percent open for the passage of air and light. Figure 1 Fences and Walls § 10-729ZONING CD10:241 (8) All fences, including footings, shall be located entirely upon the private property for which the zoning permit or building permit has been issued. All fences shall maintain a one-foot setback from trails and sidewalks. (9) No fence may be located in any public right-of-way or public easement except by written permission of the city engineer. Fences within easements shall not be located above underground utilities and shall not impede the flow of water. If a fence is located in a public easement or public right-of-way, the fence or wall may be removed and disposed of by the city at the expense of the property owner. (10) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. All fences are to be maintained in good condition and in a vertical position, and any missing or deteriorated wood slats, pickets, other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship so as not to be unsightly or present harmful health or safety conditions. (11) On a corner lot or a through lot, which have two or more front yards, the zoning administrator shall designate the front yard, side yard, rear yard and side yard abutting a street, as may be appropriate, for purposes of application of this section to the installation of a fence. In making this determination, the zoning administrator may but is not required to consider the alignment of an attached garage or the alignment of the main entrance of the principal structure. (d) Permit required for walls. A permit shall be obtained prior to the construction or replacement of any wall as follows: (1) Any wall four feet or greater in height shall meet the state building code requirements for a structure and a building permit shall be obtained prior to construction. (2) Any wall located in the shoreland overlay district shall meet the requirements of section 10-435(4). (e) Wall regulations. Regardless of whether a permit is required, all walls shall comply with the following regulations: (1) No wall shall be permitted which violates traffic visibility regulations. (2) No wall shall be constructed above a height of 30 inches within any sight area abutting any driveway, which area is described as follows: Side 1 which begins at the point of intersection of the existing curbline of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the edge of the street away from the driveway; Side 2 which begins at the point of intersection of the existing curbline of the street (or pavement edge if no curb) and the driveway and extends 25 feet along the length of the driveway; and Side 3 connecting the end points of the two sides described above (see Figure 1 in subsection (c)(5) of this section). § 10-729 PRIOR LAKE CODE CD10:242 (3) The finished side of the wall (having no structural supports) must face to the outside (away from the property being fenced) toward abutting property or street right-of- way. (4) A wall greater than six feet in height which is located in any side yard, rear yard or side yard abutting street shall have a minimum 90 percent opacity, leaving a maximum of ten percent open for the passage of air and light. A wall located in a front yard shall have a maximum 50 percent opacity, leaving a minimum of 50 percent open for the passage of air and light. (5) All walls, including footings, shall be located entirely upon the private property for which the zoning permit or building permit has been issued. All walls shall maintain a one-foot setback from trails and sidewalks. (6) No wall may be located in any public right-of-way or public easement except by written permission of the city engineer. Walls within easements shall not be located above underground utilities and shall not impede the flow of water. If a wall is located in a public easement or public right-of-way, the wall may be removed and disposed of by the city at the expense of the property owner. (7) Every wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the wall is proposed to be used. All walls are to be maintained in good condition and in a vertical position, and any missing or deteriorated wood slats, pickets, other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship so as not to be unsightly or present harmful health or safety conditions. (8) On a corner lot or a through lot which has two or more front yards, the zoning administrator shall designate the front yard, side yard, rear yard and side yard abutting a street, as may be appropriate, for purposes of application of this section to the installation of a wall. In making this determination, the zoning administrator may but is not required to consider the alignment of an attached garage or the alignment of the main entrance of the principal structure. (f) Fences and walls in agricultural, residential and transitional town center zoning districts. In addition to the requirements for all fences and walls above, all fences and walls in the agricultural, residential and transitional town center zoning districts shall comply with the following requirements: (1) A fence or wall located in any side yard, side yard abutting a street or rear yard shall not exceed six feet in height except at follows: a. A fence or wall not exceeding eight feet in height is allowed if placed in any side yard, side yard abutting a street or rear yard which abuts a principal or minor arterial road. § 10-729ZONING CD10:243 b. A fence or wall not exceeding eight feet in height is allowed if placed in any side yard or rear yard which separates a commercial or industrial use from a residential use or from a place of public assembly. (2) A fence or wall not exceeding four feet in height may be located in a front yard. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain-link fences are not permitted in the front yard. (3) A fence or wall exceeding four feet in height shall be located behind the front corner of the principal building. In the event an accessory structure is located in front of the principal building, a fence or wall exceeding four feet in height may be located behind the rear corner of the accessory structure. (4) Where a fence or wall is used as part of an animal kennel or run, it may not exceed six feet in height, it may not be located in any side yard, side yard abutting a street or front yard and it shall be located at least ten feet from any lot, property or parcel line. (5) Residential swimming pool fencing shall comply with all residential swimming pool regulations and state building code regulations. (g) Fences and walls in commercial and industrial zoning districts. In addition to the requirements for all fences and walls above, all fences and walls within commercial and industrial zoning districts shall comply with the following requirements: (1) A fence or wall located in any side yard, rear yard or side yard abutting a street shall not exceed eight feet in height except as follows: A fence or wall not exceeding ten feet in height is allowed if placed in any side yard, rear yard or side yard abutting a street which abuts a principal or minor arterial road. (2) A fence or wall, not exceeding six feet in height, may be located in a front yard. (3) Chain-link fences within commercial zoning districts shall be coated with vinyl and shall not include vinyl, plastic or metal slats within the fence. (4) Chain-link fences within industrial zoning districts shall be coated with vinyl and may include vinyl, plastic or metal slats within the fence, including in the front yard. (5) All chain-link fences must have a top rail and vertical posts must be spaced at intervals not to exceed ten feet. (h) Fences and walls in town center zoning district. In addition to the requirements for all fences and walls above, all fences and walls within town center zoning district shall comply with the following requirements: (1) A fence or wall located in any side yard, rear yard or side yard abutting a street shall not exceed six feet in height. § 10-729 PRIOR LAKE CODE CD10:244 (2) A fence or wall not exceeding four feet in height may be located in a front yard. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. (3) Chain-link fences are not permitted. (Prior Code, § 1145.600) Sec. 10-730. Traffic visibility. No walls, fences, structures, trees, shrubs, vegetation or other obstructions shall be permitted in any yard when it poses a danger to traffic by obscuring the view from any street, roadway, or alley; except as provided below: (1) Visibility from any street or roadway shall be unobstructed above the height of 2 feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines of the two streets, and extending a distance of 50 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the two sides described above. (2) Visibility from the intersection of any street or roadway and an alley shall be unobstructed above the height of 2 feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines or pavement edges or if unpaved, the edge of the traveled surface, of the street and alley, and extending a distance of 15 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the sides described above. (3) Visibility from the intersection of any two alleys shall be unobstructed above the height of 2 and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines or pavement edges of the two alleys and extending a distance of ten feet along the edge of each alley. This defines two sides of the triangle. The third side is a line connecting the end points of the two sides described above. (Prior Code, § 1145.700) § 10-730ZONING CD10:245 Secs. 10-731—10-758. Reserved. DIVISION 8. PARKING, LOADING SPACES AND DRIVEWAYS Sec. 10-759. Purpose and intent. (a) Intent. The provisions of this division provide the general performance standards which are applicable to all districts, unless specifically noted in other provisions of this chapter. All properties must comply with all applicable provisions of this chapter, including, but not limited to, the performance standards in this division and all other applicable provisions of this article. (b) Purpose. Regulation of off-street parking and loading spaces in this division is necessary to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public. Regulation is accomplished by establishing minimum requirements for off-street parking of vehicles and loading and unloading operations associated with their use for the uses regulated by this division by analysis of the intensity, duration, time and style of utilization of the land or structures in or from which each use is conducted. (Prior Code, § 1146.100) Sec. 10-760. Off-street parking areas. (a) Reduction of existing off-street parking space. Off-street parking and loading spaces existing upon the effective date of the ordinance from which this division is derived shall not be reduced in number unless their number exceeds the requirements imposed for the use by this division; however, if the existing parking meets more than 90 percent of the requirements of this division, the number of parking spaces may be reduced to 90 percent of the requirement for the purpose of establishing landscaping where such a reduction is necessary to construct a landscaping or bufferyard improvement required by this article. (b) Floor area. The term "floor area" means the floor area as defined in this chapter. Indoor parking and indoor loading spaces shall not be counted as part of the floor area of a structure for the purpose of computing the number of parking or loading spaces which are required. (c) Design capacity. When a building's design capacity is used for purposes of calculating requirements for off-street parking spaces, that design capacity shall be determined by occupancy loading specified in the building code in force at the time the determination is made. (d) Benches in places of assembly. In stadiums, sports arenas, structures of religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 28 inches of such seating shall be § 10-731 PRIOR LAKE CODE CD10:246 counted as one seat for the purpose of determining the requirements for off-street parking where the parking requirement is calculated by application of a formula based on the total number of seats. (e) Calculating space. When the calculation of the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall require another space. When a single site contains various uses, the parking requirement calculation of each use shall be totaled prior to the final rounding of the overall parking requirement for the site. (f) Assessments. When a lot has been assessed for one or more off-street parking stalls under applicable state statutes, the number of stalls forming the basis for such assessment shall constitute an equal number of spaces for purposes of this section. (g) Use of parking facilities. Required off-street parking facilities in residential and town center transitional zoning districts may be utilized only for parking passenger automobiles, except as allowed for home occupations. No required parking facilities or public rights-of- way in any residential and town center transitional zoning district shall be used for open-air storage of commercial motor vehicles. (h) Location of parking facilities. Required off-street parking in the R-1, R-2, and town center transitional zoning districts shall be on the same lot as the building housing the principal use, except in the cases of: (1) Condominium developments where off-street parking is designed on a lot or within a garage on a separate parcel but within the same condominium development. (2) Freestanding parking lots accessory to existing nonresidential or recreational uses, located within the same zoning district, and located within 500 feet of the existing use, may be permitted in the R-1, R-2, R-3, TC and TC-T zoning districts, subject to approval of a conditional use permit. (i) Calculating space for a compound use. Should a structure contain two or more types of uses, the total off-street parking spaces required for each use shall be calculated separately. (j) Control of off-site parking facilities. When required accessory off-street parking facilities are provided on a lot other than the lot on which the principal use is located, the following requirements shall be met. (1) A paved pedestrian way from the off-site parking facilities to the use being served has been provided and is properly maintained. (2) The off-site parking area and the lot on which the principal use is located must be in the same ownership, or the use of the parking facilities shall be protected by covenants that run with the land on both the lot on which the parking facility is provided and the lot on which the principal use is located. The manner of execution and content of such covenants shall be written in a form that is approved by the city attorney and the covenants must be recorded with the county recorder or registrar of title as applicable for the county. § 10-760ZONING CD10:247 (3) The closest point of the off-site parking area shall be located no more than 500 feet from an entrance to the principal building of the use being served as measured along an established path of travel between the parking lot and such entrance unless shuttle service is provided. If shuttle service is provided, the location of the parking need not satisfy any distance requirement. (4) The failure to provide on-site parking shall not result in patrons, visitors, or employees parking on the public streets, on other private property, or in private driveways or other areas not expressly set aside for off-street parking purposes. (5) The off-site parking shall be maintained until on-site parking is provided or an alternate off-site parking facility which meets the requirements of this section has been approved by the zoning administrator. (k) Joint parking facilities. Off-street parking facilities may be provided collectively in any zoning district for more than one structure or use, if the following conditions are met: (1) The applicant demonstrates to the zoning administrator that, because of the hours, size and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use. (2) The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lot or lots on which the parking facility which satisfies the parking requirements of this division is provided. Those covenants shall contain all of the conditions of the joint agreement and shall grant an easement for parking to the joint principal use lots. The manner of execution and content of such covenants shall be in a form approved by the city attorney and the document containing the covenants shall be recorded with the county recorder or the register of titles as applicable for the county. Parties to the covenant shall reimburse the city for the costs of legal review. (3) Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum requirements set forth in this division for the use which requires the most parking. Joint parking arrangements shall not qualify for proof of parking reductions described in section 10-763. (4) Any change in use or in the conditions of the joint parking agreement without approval of the zoning administrator shall nullify the joint parking agreement. Approved changes shall be added to the covenants and recorded with the county recorder or the registrar of titles as applicable for the county. If changes are not approved all parties to the nullified joint parking agreement shall be required to meet the required parking for the applicable use. (l) Use of parking area. Required off-street parking space and the driveways providing access to them shall not be utilized for storage, display, sales, rental, or repair of motor vehicles or any other goods, the storage of inoperable vehicles, the loading and unloading of vehicles, or the storage of snow. § 10-760 PRIOR LAKE CODE CD10:248 (m) Conversion of attached garage space. No person shall alter a garage to living space in any residential or town center transitional zoning district, unless other legal provisions are made to provide the required parking for the lot. (Prior Code, § 1146.200) Sec. 10-761. Design and maintenance of off-street parking areas. (a) Access. Parking areas shall be designed to provide access to a public alley or street. Driveway access shall be located at a place which will minimize interference with traffic movement and is in conformance with the public works design manual standards. Access to required parking spaces shall not be restricted by a fence or other barrier. (b) Setbacks. Setbacks shall be measured from property lines unless otherwise noted. Parking shall comply with all applicable setbacks in this article. (c) Parking spaces. Each parking space shall not be less than nine feet wide and 18 feet long exclusive of access drives or aisles, ramps or columns. Each parking space shall be served by access drives which shall have the minimum dimensions provided in the following table. Each parking space shall be located by striping of a contrasting color on the concrete or asphalt surface. Stall Angle (in degrees) (A) Width (B) Curb Length (C) Stall Depth (D) One-Way Aisle Width (E) Two-Way Aisle Width (E) 0 (parallel) 9' 23' 9' 12' 22' 45 9' 12' 9"19' 10"13' 22' 60 9' 10' 5"21' 18' 24' 90 9' 10' 5"18' 20' 24' (d) Accessible parking spaces. The size, number, and location of spaces reserved for accessible parking shall be provided and identified as required by applicable state and federal regulations. § 10-761ZONING CD10:249 (e) Turnaround. All parking areas except those serving single-family detached and single-family attached twinhome dwellings on local streets shall be designed so that cars do not have to back into the public street or alley. (f) Surfacing. All driveways and all of the area intended to be used for parking or vehicular circulation shall be surfaced with a minimum of 1 inches of bituminous paving on a suitable base, or six inches of non-reinforced concrete or equivalent material approved by the city engineer. Interlocking pavers, or similar, may also be used in parking lots subject to approval by the city engineer. (g) Drainage. There shall be adequate drainage of the surface of the parking or paved rea to a public storm sewer or to other approved stormwater facilities. Drainage and stormwater management for parking or paved areas must be in conformance with the requirements of the city public works design manual. Plans for surfacing of all parking lots for six spaces or more or paved areas of 6,000 square feet or more shall be approved in advance by the city engineer. (h) Lighting. All parking lots containing parking for six vehicles or more shall provide an average horizontal illumination of between four-tenths and one footcandle. The average horizontal illumination within all parking ramps shall be one footcandle. All lighting shall comply with the lighting regulations of the applicable zoning district. In cases where light spillage to adjacent properties cannot be determined a photometric plan shall be submitted to the zoning administrator for review prior to installation or change to the lighting. (i) Traffic islands. Raised islands shall be provided at the end of any parking row where it abuts vehicle circulation lanes or driveways for traffic control. Raised islands shall also be provided to separate pedestrian and vehicular traffic. (j) Curbs. A six-inch-high poured-in-place concrete curb shall be provided around the periphery of all parking lots. A six-inch poured-in-place concrete curb or other pavement edge treatment is required along all internal access roads. (k) Landscaping. Parking lot screening shall be provided on the perimeter of any parking lot. Screening shall be maintained and replaced as needed to comply with the approved landscape or site plan. (1) Screening shall be provided using a combination of shrubs, coniferous trees, fencing, berming, etc., to minimize the effect of headlights and reflected light from bumpers, grills and headlights. Screening must attempt to address at least 60 percent of the perimeter where views of the parking lot could originate. (2) Effectiveness of the screening shall be 80 percent opacity year round. (3) Berming must achieve a 30-inch height to provide 80 percent opacity on three-foot high screening. Berms cannot be used as the only method of screening and must be used in combination with other elements such as landscaping and fencing. § 10-761 PRIOR LAKE CODE CD10:250 (4) Plant materials must be spaced no more than 30 inches apart on single rows of deciduous shrubs, 48 inches apart on double staggered rows of deciduous shrubs, with initial planted height of at least two feet. Spacing may vary, subject to species used. (5) Coniferous trees must be placed no further than eight feet apart, to be counted as screening. (6) All parking lot landscape areas shall be separated from the parking surface by cast-in-place concrete curbs of an equal or better standard. Bituminous or precast concrete curbs or similar curbs are not permitted. (l) Bufferyards. (1) When an off-street parking area for six vehicles or more or a paved area of 1,500 square feet or more is located next to a right-of-way, a Type B bufferyard, as defined in section 10-727, shall be provided between such parking lot or paved area and street right-of-way. The width of the driveway at the property line shall be excluded from the bufferyard requirement. (2) If there is insufficient space for the required bufferyard between a parking lot or paved area and a public right-of-way, part of the required plant material may be installed on the public right-of-way under the following conditions: a. Such material does not impair access and meets all requirements of this chapter restricting visual and physical obstructions, including visual obstructions at intersections. b. The placement of landscaping materials does not inhibit the storage of snow when streets are plowed. c. The landscaping is not inconsistent with public landscaping schemes. d. The location of the landscaping is approved by the city engineer. (m) Yards. (1) Parking areas shall be prohibited in front yards and side yards abutting a street in all residential and the town center transitional zoning districts, except that in the R-1, and R-2 zoning districts, parking for a single-family detached or single-family attached twinhome residence may be permitted by the city engineer in the front yard, provided there is no other location on the lot where parking is practical and the front yard offers the only place where the required parking can be located. (2) Parking areas in the C-1 and C-2 use districts shall be permitted in the front yard and side yards abutting a street only if all of the following requirements are met: a. In no case shall the required yard be reduced to less than five feet. b. All of the bufferyard requirements of this article are met. § 10-761ZONING CD10:251 c. A solid bumper, curb or fence not more than 3 feet in height shall be constructed in such a position and such a manner that no part of a parked vehicle can extend into the bufferyard. (n) Parking space abutting R zoning districts. When a parking lot for more than six vehicles is located abutting a residential zoning district or residential developed property, a Type C bufferyard, as defined in section 10-727, shall be installed between parking lot and abutting property. Off-street parking spaces and access drives for nonresidential uses shall be set back a minimum of 20 feet from any side or rear lot line abutting a residential zoning district. (o) Maintenance of off-street parking space. The owner and tenant shall maintain the parking space, access ways, landscaping, bufferyards, and required fences in compliance with this article and in a neat and adequate manner. (p) TC parking standards. (1) Location. If off-street parking is provided by an individual business within the TC zoning district, it shall be located to the side or rear of the business's principal building, not between the building and the street. Individual business parking may not occupy a corner location. (2) Landscaping. The corners of surface parking lots and all other areas not used for parking or vehicular circulation shall be landscaped with turfgrass, native grasses or perennial flowering plans, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. (Prior Code, § 1146.400) Sec. 10-762. Number of required off-street parking spaces. The minimum number of required off-street parking spaces for the following uses shall be as specified in this section. Where no required minimum number of parking spaces is specifically listed for an individual use, the zoning administrator shall determine the minimum number of required off-street parking spaces required. The zoning administrator shall consider functional similarities between uses where a parking requirement is listed in this section and the proposed use in determining the parking requirement. (1) Residential uses. Use Requirement Cluster housing 2 parking spaces per dwelling Dwelling, single-family attached rowhome 2 parking spaces for each dwelling unit Dwelling, multifamily 2 parking spaces for each dwelling unit Dwelling, single-family attached twinhome 2 parking spaces for each dwelling unit Dwelling, single-family detached 2 parking spaces for each dwelling unit Senior housing 1 parking spaces per dwelling Senior housing with services establishment 5 parking spaces plus 1 for each 4 beds based on design capacity § 10-761 PRIOR LAKE CODE CD10:252 (2) Commercial uses. Use Requirement Animal handling 1 parking space for each 200 square feet of floor area but not less than 5 spaces. If boarding, 1 additional space per 10 kennels shall be provided Bank/financial service 1 parking space for each 250 square feet of gross floor area Bed and breakfast establishment 2 spaces plus one 1 for each room for rent. No required parking may be located in the front yard, nor shall the parking area exceed 50% of the rear yard Bowling alley 5 parking spaces for each alley. Other uses which are commonly associated with bowling alleys such as restaurants and game room space will require additional parking and loading spaces, the number of which shall be determined by the parking requirements for those other uses specified in this section Brewpub, brewer taproom, club, cocktail room, lodge, microbrewer and small brewer 1 parking space for each 200 square feet of gross floor area Convention/exhibition hall 1 parking space for each 300 square feet of assembly area Day care, family 2 parking spaces Day care, commercial 5 parking spaces plus 1 for each 5 program participants based on facility's licensed capac- ity Food services, including designated seating areas within shopping centers 1 stall per 250 square feet of gross floor area Funeral home 1 parking space for every 200 square feet of assembly areas Golf course At least 1 spaces for each golf hole plus 1 space for each 500 square feet of locker rooms and club rooms. If the club house contains dining or bar facilities, the parking require- ment for restaurants with liquor shall apply Golf driving, archery or gun range 1 parking space for each target or driving tee Golf, miniature 1 parking spaces per golf hole Hospital 1 parking space for each 500 square feet of gross floor area Hotel/motel 1 spaces for each guest room. Other uses which are commonly associated with hotels such as restaurant and conference space will require additional parking and loading spaces, the number of which shall be determined by the parking requirement for those other uses specified in this section. Libraries/studios 1 parking space for each 300 square feet of gross floor area in principal structure Motor fuel station 1 parking space for each 250 square feet of gross floor area Motor vehicle sales 6 parking spaces plus one space for every 500 square feet of gross floor area § 10-762ZONING CD10:253 Use Requirement Motor vehicle service and repair 4 parking spaces for each service bay. For the purpose of calculating off-street parking, a service bay shall have a maximum floor area of 400 square feet. A maximum of 50% of the required parking may be stacked parking in spaces which have a minimum dimension of 7 feet wide by 16 feet long Nurseries, greenhouse, garden supply, boat sales and repair, or building material sales 5 parking spaces plus 1 space per 1,000 square feet of gross floor area Nursing home 5 parking spaces plus 1 for every 5 beds offered for residential purposes Offices/medical or dental laboratories Gross floor areas of 50,000 square feet or less 1 parking space for every 250 square feet of gross floor area Gross floor areas of 50,001 square feet or more 1 parking space for every 300 square feet of gross floor area Open sales or rental lots 1 parking space for each 2,500 square feet of land which is to be used for sales and display area Place of assembly 1 parking space for each 3 seats based on the design capacity of the main assembly hall. Up to 50% of the required parking can be provided through a nonexclusive written agreement with the owner of another property located within 750 feet of an entrance to the place of assembly which authorizes parking during times of worship or events conducted at the location at times other than usual business hours on property which is an off-street park- ing lot which meets the design requirements of this article and satisfies the parking require- ments for the other property's use during ordinary business hours during the usual work week Police/fire/ambulance stations 1 space for each 1,000 square feet of gross floor area Printing process 1 parking space for each 100 square feet of customer floor area Restaurants 5 parking spaces plus 1 for each 50 square feet of customer floor area Retail store, grocery store and service establish- ments where more than 25% of the gross floor area is customer area 1 parking space for each 200 square feet of gross floor area. If, however, the merchandise displayed for sale is large such as furniture, carpeting, or appliances, the parking require- ment shall be 1 parking space for each 500 square feet of gross floor area Retail store and service establishment where less than 25% of the gross floor area is customer area and where product is picked up or delivered by patron 1 parking space for each 100 square feet of gross floor area Schools (pre-k, elementary and junior high) 2 parking spaces for each classroom, or 1 space for each 5 seats in the primary assembly area, whichever is greater Schools (high school through secondary, busi- ness/trade) 1 parking space for each 5 students based on building design capacity plus 1 for every classroom § 10-762 PRIOR LAKE CODE CD10:254 Use Requirement Shopping centers 1 parking space for each 250 square feet gross floor area Skating rink or public auction house 1 parking space per 250 square feet of gross floor area. Sports/health clubs/swimming pool 1 parking space for every 200 square feet of non-court area plus 2 parking spaces per tennis or racquetball court and 1 parking space for each 50 square feet of deck area for a swimming pool State-licensed nonresidential facility 2 parking spaces for every 5 program participants licensed by the state State-licensed residential facility 2 parking spaces for every 5 beds offered for residential purposes Theater, auditorium, meeting hall 1 parking space for each 3 seats of building design seating capacity (3) Industrial uses. Use Requirement Manufacturing, fabricating or processing of a product or material 5 parking spaces shall be provided plus 1 additional space for each 500 square feet of structure, exclusive of office and warehouse space, which shall be calculated separately according to the parking requirements for those other uses specified in this section Outdoor storage 1 parking space shall be provided for each 20,000 square feet of land devoted to outside storage Post offices, parcel delivery service 10 parking spaces plus 1 parking space for each 500 square feet of floor area devoted to office, processing, or service plus 1 parking space for each vehicle customarily kept on the premises Self-service storage facility 5 parking spaces or 2 parking spaces plus 1 parking space per 75 storage units, whichever is greater Showrooms 1 parking space for every 500 square feet of floor area Transportation terminal Specific requirements shall be determined by the zoning administrator based on a traffic and parking analysis for the terminal Warehouse, storage, handling of bulk goods 1 parking space for each 1,500 square feet of floor area (Prior Code, § 1146.500) Sec. 10-763. Proof of parking. (a) For any parking lot for 30 vehicles or more, the property owner or tenant is only required to pave and stripe 75 percent of the required parking spaces if the following conditions which constitute proof of area for the additional required parking (proof of parking) are met: § 10-763ZONING CD10:255 (1) A parking plan drawn to scale for the property is submitted to the zoning administrator and the plan indicates the site complies with the total parking requirements stated above and with the parking lot design and standards contained in this division. (2) The proof of parking area, which is not paved or striped, but is capable of containing the amount of parking needed to reach 100 percent of the required parking is suitably landscaped and curbed to meet the landscaping and bufferyard require- ments of this article. (3) The proof of parking area is clearly delineated on the parking plan for the site. (4) The proof of parking area is not used to satisfy any other landscaping requirement of this article, is not located in any other area on the site which is required by this article to be used for other purposes, and is not located in an area occupied by a building. (b) The property owner is responsible for informing any subsequent owner of the property of the parking status of the property. (c) The city may, in its sole discretion, require that the proof of parking area be paved and striped in such a way that it meets the requirements of this division to provide the total number of required parking spaces on the site. (Prior Code, § 1146.600) Sec. 10-764. Parking bonuses. If 50 percent or more of all spaces in the R-3 zoning district or commercial zoning districts are placed in or under the proposed principal structure or totally underground, the following bonuses shall apply: (1) The site shall receive a 300-square-foot lot area bonus for each space so placed; the additional footage is used to determine the allowable square footage of the buildings on the site. (2) The height added to the principal structure by any floor that is totally used for parking in or under the principal structure shall not be included to determine the size of the required yards. (3) Maximum bonuses. The maximum floor area which may be added to a building by placing parking spaces in or under the principal structure shall be not more than one-third the net floor area or one-third the number of dwelling units, whichever is applicable, and whichever is less if both are applicable. (Prior Code, § 1146.700) Sec. 10-765. Off-street loading facilities. (a) Qualifications for loading zone, dock. The off-street loading requirement for nonresidential buildings with less than 20,000 square feet may be satisfied by the designation of a loading zone area on the site. This loading zone area shall be separate from § 10-763 PRIOR LAKE CODE CD10:256 any required off-street parking area and access to the loading zone area shall be provided which does not conflict with automobile circulation to, from, or within the site. A minimum of one loading dock shall be provided for nonresidential buildings over 20,000 square feet in floor area. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Loading facility includes the dock, the berth for the vehicle, maneuvering areas, and the necessary screening walls. (c) Location. All loading berth curb cuts shall be located 25 feet or more from the intersection of two street rights-of-way. No loading berth shall be located less than 50 feet from a residential zoning district unless it is entirely within a building. In situations where access to the loading berth is directly from the street and no other practical means of access exists, a bufferyard screening requirement shall apply. Existing uses in the TC zoning district may utilize on-street loading areas, only if there is no off-street loading area alternative. (d) Size. A loading dock shall have a berth area at least 12 feet in width and 55 feet long. (e) Access. Each loading berth location shall permit vehicular access to a street or public alley in a manner which will least interfere with traffic. (f) Surfacing. All loading facilities and accessways shall be paved with bituminous or concrete paving to control the dust and drainage. (g) Screening. All berths shall be screened from view from any adjacent property in a residential zoning district with a bufferyard. The width of the driveway at the property line shall be excluded from the bufferyard requirement. (h) Storage. No required loading berth or access drive shall be used for the storage of goods or inoperable vehicles. It may not be included as a part of the space necessary to meet the off-street parking requirements. (i) Visibility. No off-street parking spaces shall be located in areas where it may impede visibility for adjacent intersections. Refer to division 6 of this article for additional traffic visibility requirements. (Prior Code, § 1146.800) Sec. 10-766. Driveways. (a) The purpose of this section is to provide minimum setback and slope standards for driveway construction. The intent is to reduce interference with drainage and utility easements by providing setback standards, reduce erosion by requiring a hard surface for all driveways, and provide positive drainage to the street via establishment of minimum driveway slope standards. This section shall apply to all new, replaced or altered driveways. § 10-766ZONING CD10:257 (b) Driveways shall be set back at least five feet from the side yard property line. (c) Driveways shall be located as indicated on the subdivision grading plan. However, an alternate location meeting the provisions of this section may be permitted if the driveway is not located over the city curb stop and is subject to approval by the city engineer. (d) Driveways shall not be installed over sewer and water services. Curb stops are not allowed to be located within the driveway. (e) The vertical profile for a driveway shall not exceed ten percent maximum slope. In circumstances when unusual topography or existing conditions of the property prohibit compliance with this section, the city engineer may approve a driveway with a slope exceeding ten percent. (f) Accessory structures which are deemed by the zoning administrator to have potential access to a public or private street and have door openings exceeding six feet in width shall have a bituminous or concrete surfaced driveway of a minimum of eight feet wide to access the structure. (g) Driveways shall be a minimum of eight feet in width and surfaced with bituminous, concrete, or other hard surface material, as approved by the city engineer. Separate driveway strips for individual tires, if installation of a full width driveway would increase the impervious surface percentage of the parcel over the allowed maximum, are prohibited. For agricultural uses, driveways shall be surfaced from the intersection of the road for the first 100 feet of driveway, with concrete or other hard surface material, as approved by the city engineer. (h) The minimum corner clearance from the street right-of-way line shall be at least 30 feet to the edge of the driveway. (i) For residential uses, the width of the driveway access shall not exceed 24 feet at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. (j) For all other uses, the width of the driveway access shall not exceed 36 feet in width measured at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. (k) On lots not meeting the minimum width requirements at the right-of-way line, the driveway setback may be reduced subject to the following criteria: (1) The driveway will not interfere with any existing easement. (2) The location of the driveway must be approved by the city engineer to ensure that it will not cause runoff onto adjacent properties. (3) A shared driveway may be approved conditional upon the property owners providing a recorded copy of cross access easements, and the combined width of the driveway may not exceed 24 feet at the right-of-way line. (4) All other provisions of this section must be met. § 10-766 PRIOR LAKE CODE CD10:258 (l) On lots with concrete sidewalks, a concrete apron shall be installed from the curb to the sidewalk. (m) In single-family attached rowhome and cluster housing developments, the driveway setback and width requirements may be modified subject to the following criteria: (1) The driveway locations must be approved by the city engineer as part of the subdivision grading plan. (2) The driveway will not interfere with any existing easement. (3) All other provisions of this section must be met. (n) Driveway alterations and additions. Prior to commencing any work, a driveway permit approved by the city engineer is required for each of the following: (1) Replacement of a driveway; (2) Alteration of a driveway; or (3) Addition to an existing driveway if the addition exceeds the length and width approved as part of the original building permit. This permit is subject to a fee set forth in the city fee schedule. (Prior Code, § 1146.900) Secs. 10-767—10-785. Reserved. DIVISION 9. SIGNS Sec. 10-786. Findings and purpose. (a) Findings. (1) The size, height, location, illumination, distance between, and proliferation of signs in the city raise constitutional and regulatory challenges for the city. Signs are one means used to communicate noncommercial and commercial speech and messages and therefore are protected under the First and Fourteenth Amendments to the U.S. Constitution. However, the size, height, location, illumination, and distance between signs creates hazards by distracting drivers' attention from the road and can be an eyesore and impact aesthetics, property values, and civic pride. (2) The city council finds that it has a legitimate and substantial interest to preserve and protect the public welfare and safety and preserve the aesthetic qualities and characteristics in and of the city. This division is intended to protect the city and its residents. (3) The city council finds it has legitimate and substantial interest in promoting and protecting the public welfare, and safety of residents and maintaining and enhancing the aesthetic integrity of the city. While the city believes its interests in regulating § 10-786ZONING CD10:259 signs are substantial, it also believes the First Amendment is one of the cornerstones in a vital and relevant democracy and that they have sworn an oath to defend, protect and preserve the First Amendment. (4) The provisions of this division are intended to advance the city's interests articulated herein and are not more extensive than is necessary to serve those interests. The individual provisions are content-neutral and do not favor commercial speech over noncommercial. (5) The city council finds that the regulations in this division vary depending on the zoning district where the subject sign will be located. The city council finds that the essential characteristics and activities are different among the town center, com- mercial, industrial and residential zoning districts. There are substantial differences between a private residence in the residential zoning district and a manufacturing facility in the Industrial zoning district and these differences support the varying regulations between zoning districts. (6) The city council finds that the regulation of signs imposed in this division were evaluated to ensure that alternative means, methods, and forums of communication exist to communicate speakers' message foreclosed by these sign regulations. These regulations are necessary to achieve the city's legitimate and substantial interests. Without these regulations the city will be unable to protect and preserve the public health, welfare, safety, and aesthetic qualities in and of the city. (b) Purpose. (1) The purpose of these sign regulations is to further promote and protect the following substantial government interests: a. The effective use of signs as a means of promotion and communication in the city; b. The aesthetic environment and the city's ability to attract sources of economic development and growth; c. Pedestrian and traffic safety; d. Potential for the adverse effect of signs on nearby public and private property; e. Fair and consistent means to enforce these sign restrictions; f. The number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety, general welfare, and property values; and g. Ensuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. (2) The city council finds that these sign regulations do not deny a business or other entity a reasonable degree of freedom of choice in the design and placement of § 10-786 PRIOR LAKE CODE CD10:260 signage while at the same time ensuring the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. (Prior Code, § 1147.100) Sec. 10-787. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Address sign means an on-premises sign giving the name or address of the building or premises which is compliant with city addressing requirements. Athletic field sign means any advertising sign located on the interior-facing of athletic field fences or scoreboard of a city athletic field in accordance with city policy. Awning means a cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use. Awning sign means any sign painted on, attached to, or applied to an awning. Balloon sign means a temporary sign which is printed, painted, or secured to a balloon which may be secured to a permanent structure or the ground or attached to a rope, chain, string or other device, allowing it to move about within the atmosphere. Banner sign means any temporary on-premises sign possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or lightweight fabric of any kind, which is anchored on two or more edges or at all four corners, to advertise products, goods or services sold or provided on the property or a special event, which is hung either with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Beacon means a guiding or warning signal, as a light or fire, especially one in an elevated position. Bench sign means a sign attached to or painted on a bench for seating. Billboard sign means an off-premises poster panel board, painted bulletin board or other communicative device which is used to advertise products, goods or services, any part of which are not sold, produced, assembled, manufactured, furnished, or otherwise related to activities conducted on the property where the sign is located. Building façade means any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. The area of a building façade is measured as follows: height (a single straight line parallel, or essentially § 10-787ZONING CD10:261 parallel, with the side of the building from grade to the top of the parapet wall or eaves; a building may have multiple heights) multiplied by length (a single straight line parallel, or essentially parallel, with the side of the building from one corner to the next corner). Building façade, front, means the sides of the building which contain the primary public entrances. A building may have more than one front building façade. Building marker means a sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. Business means any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation. Canopy means a freestanding or attached open-air structure constructed for the purpose of shielding service stations from the elements. Canopy sign means any sign that is part of, or attached to, the vertical sides of a canopy. Changeable copy sign means a sign or portion thereof on which the copy or symbols change manually through placement of letters or symbols on a panel mounted in or on a track system. The two types of changeable copy signs are manual changeable copy signs and electronic changeable copy signs, which include message center signs and digital displays. Clearance means the distance above the walkway, or other surface if specified, to the bottom edge of a sign. The term "clearance" can also refer to a horizontal distance between two objects. Community event permit sign means a sign related to an activity or event permitted pursuant to a community event permit. The temporary sign may only be displayed in location of the community event for 14 days prior to, and the duration of, a specific event. Construction sign means a temporary sign giving the project name, names of principal contractors, architects, and lending institutions responsible for construction on the property where the sign is placed. Copy and graphic mean the wording and other display messages such as logos or symbols on a sign. Development sign means a temporary sign located on the site of a new development listing owners, developers, development name, and builders, together with other sales related information. Digital display means the portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include, but are not limited to, LCD, LED, or plasma displays. § 10-787 PRIOR LAKE CODE CD10:262 Eave means the edge of a roof, usually projecting beyond the walls, the height of which edge is measured from the lowest point thereof to grade. Election sign means a temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. Electronic message sign, also referred to as a dynamic display sign, means an electronic message sign is a sign which shows messages and graphics that are changed by electrical pulsations. This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporated rotating panels, LED lights manipulated through digital input, digital ink, or any other method or technology that allows the sign face to present a series of images or displays. Employment opportunity sign means a temporary sign indicating employment opportuni- ties. Footcandle means a unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter or light meter. Franchise architecture means any franchise color schemes or other designs, symbols, or features intended to attract the attention of the public and reinforce the corporate or distinct image of a given business. Freestanding sign means an on-premises sign supported by structures or supports that are placed on, or anchored in, the ground and that are detached from any building or other structure. Government/regulatory sign means a sign that has been erected on behalf of a governmental body for the purpose of posting legal notices, identifying public property and conveying public information, including, but not limited to, directional signs, regulatory signs, warning signs, and informational signs. Home occupation sign means a sign that advertises or describes products, goods or services at a private residential location. Illumination means a source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source. Illumination, external, means artificial light located away from the sign which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property. Illumination, internal, means a light source that is concealed or contained within the side and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this chapter. Incidental sign means an on-premises sign not exceeding six square feet in size and no more than four feet in height above the natural grade of the ground directly below, that displays general site information, instructions, directives, or restrictions that are primarily § 10-787ZONING CD10:263 oriented to pedestrians and motor vehicle operators who have entered a property from a public street such as "no parking," "entrance," "loading only" and other similar directives. No sign with a commercial message shall be considered incidental. Incidental window sign means a sign displayed in the window displaying information such as the business's hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message. Inflatable sign means a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device. Luminance means an objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft2). Marquee means a permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements. Marquee sign means any sign attached to or made a part of a marquee. Menu board means a sign that indicates selections available at businesses that serve customers via automobiles, such as a fast-food establishment with a drive-through facility. Multi-business building means a building located on one tract which is occupied by multiple businesses. Multi-business building sign means a type of wall sign used to identify individual businesses within a multi-use building. No trespass sign means a sign which is intended to notify the public that entry onto a person's private land or property is prohibited without the property owner's permission. Noncommercial on-premises sign means a sign displayed by the owner of property or tenant used to communicate, express, convey or depict a message or viewpoint held by the owner of the property or a tenant. Off-premises identification sign means a permanent identification sign used to identify the location of a business park or industrial park along a designated county or state highway and may also include identification of individual businesses located within the business park or industrial park. Off-premises regional directional sign means a sign erected on private property for the purpose of directing vehicular and pedestrian traffic to a facility of regional significance which is not located on the premises on which the sign is located. A billboard sign is not an off-premises regional directional sign. A facility of regional significance is a facility that has directional signage on an interstate or state highway; generates 2,500 vehicle trips per day; is located on land owned by a governmental unit other than public right-of-way; and is located within the city corporate limits. § 10-787 PRIOR LAKE CODE CD10:264 Off-premises sign means a sign whose message and design relate to an individual business, profession, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on a property other than the property on which the sign is located. On-premises sign means a sign whose message and design relate to an individual business, profession, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located. Parapet means an architecturally, structurally, and aesthetically integral low, protective wall or railing extending above the roof, balcony, or similar structure. Place of assembly sign means an on-premises sign which identifies the name and other characteristics of a place of assembly. For purposes of this division, the term "place of assembly" includes schools. Portable sign means any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. A sandwich board sign is not a portable sign for the purpose of this division. A vehicular sign is not a portable sign for the purpose of this division. Projecting sign means a building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. Pylon sign means a freestanding sign erected upon a single post or posts or shafts that converge at a common base with the posts not more than 15 feet apart, with the display portion mounted on the top thereof. Real estate sign means a temporary sign erected on private property for purposes of advertising the sale or lease of a particular building or property. Residential nameplate sign means a sign located on a residential premises, giving only the name or address of the premises. Roof sign means a sign erected upon, against, or above a roof or parapet of a building or above the eaves in the case of a hip, gable, or mansard roof. Rotating sign means a sign which revolves or rotates in a circular motion on its axis by mechanical means. Sandwich board sign means a sign that is freestanding, portable, and temporary, consisting of two faces connected and hinged at the top that does not require staking into the ground and whose message is targeted to pedestrians. Seasonal sign means a temporary on-premises sign limited in duration of time and placed on a premises for a specific purpose that is not part of a business's ongoing activity. Seasonal signs include, but are not limited to, holiday tree and wreath for sale signs, farmers' market signs, similar seasonally oriented sales, and signs advertising temporary agricultural commodity sales and transient merchants. § 10-787ZONING CD10:265 Sign means any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign area means the total dimensions of a sign surface used to display copy and graphics, including information, messages, advertising, logos, or symbols. Sign face means the part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face. Sign height means the distance between the uppermost portion of the sign and the average natural grade of the ground directly below. Snipe sign means a sign of any material whatsoever that is placed, located, painted or attached, in any manner on any public property or in the public right-of-way, or on any private property without the permission of the property owner. Special event means an event by a civic organization, nonprofit organization, educational organization or governmental entity such as a local fundraiser, festival, bazaar, tournament or similar event. Special event sign means a temporary sign, such as a banner, sandwich board sign, or window sign, used to promote or identify a special event. Streamer/pennant sign/feather flag means any lightweight plastic, fabric or other material, suspended from a rope, wire, or string, or other material, usually in series, designed to move in the wind or any sign constructed of a vertical pole, tube or post supporting one edge of a sheet of cloth, vinyl or similar material. Street banner means a temporary banner sign which is stretched across and hung over a public right-of-way which advertises public entertainment or a public event. Street frontage means the sides of a tract abutting a private or public street or separated from a private or public street only by a frontage road. Strings of lights means lights strung by wire, cord, or similar means. Subdivision identification sign means an on-premises freestanding sign used to identify a residential subdivision, a planned unit development, a commercial development, business center, or industrial park. Temporary sign means a sign that is erected or displayed for a specified period of time and not permanently mounted. Tract means a parcel of land that is separately identified with its own property identification number with the county. Vehicular sign means signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved for a period of 48 hours or more and the use of vehicles or trailers designed for or utilized exclusively for the purpose of mobile advertising upon public streets or other rights-of-way. § 10-787 PRIOR LAKE CODE CD10:266 Video display sign means a sign capable of displaying full-motion imagery of television quality or higher. The term "video display sign" includes images or messages projected onto buildings or other objects. Wall sign means a building-mounted sign which is either attached to or displayed on an exterior wall in a manner parallel with the wall surface or which projects less than 15 inches from the surface at all points of the building or structure, and which displays only one sign surface. Wall sign, painted, means a sign which has been painted directly onto a building wall, using the wall material as a base of the sign, whose message and design reflects an individual business, profession, service, event, or other commercial activity sold, offered, or conducted on the same property where the sign is located. Wetland buffer sign means a city-approved sign that defines the buffer area boundary around a delineated wetland. Window sign means any sign, picture, symbol, or combination thereof, affixed to the inside of a window and visible from the outside of the premises directed to pedestrian and vehicular traffic. A window sign is used to communicate information about an activity, business, commodity, event, sale, or service. Works of art means artistic expressions, aesthetic treatments, and designs that do not include a commercial message such as the city logo, Centennial emblem, holiday lights, and decorations with no commercial message. Yard sale sign means a temporary sign display advertising the on-premises sale of personal property, by an occupant, including general household rummage, used clothing and appliances, provided the exchange or sale of merchandise is conducted on the property or within the residence or an accessory structure on the property. (Prior Code, § 1147.200) Sec. 10-788. Exempt signs. In addition to signs exempted from regulation by state or federal law, the following signs shall be exempt from regulation under this division: (1) Incidental signs. (2) Incidental window signs. (3) Government/regulatory signs. (4) Works of art. (5) Athletic field signs. (Prior Code, § 1147.300) § 10-788ZONING CD10:267 Sec. 10-789. Allowed signs; no sign permit required. (a) Generally. (1) Each property may have each of the signs identified in this section. (2) The signs in this section shall be allowed in the zoning districts identified for each sign type. If no zoning districts are identified, the signs are allowed in every zoning district. (3) The signs in this section do not require sign permits. (4) The signs in this section do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. (5) A brief description of the signs and display guidelines follow, including regulations related to sign number, size, area and location. (b) Address signs. One address sign per address located on a home or business allowed near the front entrance which shall not exceed two square feet in area. (c) Building markers. One building marker sign per building not to exceed four square feet is allowed. (d) Community event permit signs. Two community event permit signs are allowed on the property where the community event is to be located subject to the issuance of a community event permit. The signage may be utilized for 14 days prior to, and the duration of, a specified event. The community event permit holder shall be responsible for the removal of all signage at the conclusion of the event. All signs are to be positioned to limit their exposure to residential areas. (e) Construction signs. One sign shall be allowed upon each property during construction, in addition to any development signs on site. The sign shall only be allowed after a building permit has been issued and shall be removed before the building or any part thereof is occupied. Sites of more than ten acres are allowed up to three signs so long as the total sign area does not exceed 100 square feet. All signage shall maintain a ten-foot setback from property lines and a minimum of 50 feet from any existing or to be occupied dwelling. Each sign shall not exceed the following size limitations: Project Area Sign Size Limit 10 acres or less 32 square feet 10.01 acres or more 100 square feet (f) Development signs. (1) Residential. One sign per entrance shall be allowed for each subdivision in any residential zoning district (including multifamily dwellings) under the following conditions: a. The sign shall only be allowed for a residential subdivision after a final plat has been filed; § 10-789 PRIOR LAKE CODE CD10:268 b. The sign shall not exceed 50 square feet in area; c. The sign shall be located a minimum of 50 feet from any existing or to be occupied dwelling unit; d. The sign shall be removed upon the earlier of 80 percent completion of construction, sale or lease of the dwellings within the project, or two years from issuance of the first permit for the construction of a dwelling or dwellings within the project; and e. Where more than one builder is involved in a residential subdivision, there still shall be only one sign per entrance as described above, which may list the builders for the subdivision. (2) Commercial and industrial. One sign per entrance shall be allowed in any commercial or industrial zoning district under the following conditions: a. The sign shall only be allowed after the final plat has been filed; b. The sign shall not exceed 50 square feet in area; c. The sign shall not be located upon a developed lot; and d. The sign shall be removed upon completion of construction, or the occupancy of the building, whichever occurs first. (g) Election signs. (1) Any election signs pertinent to Minn. Stats. § 211B.045 shall be allowed on private property with the express consent of the owner or occupant of such property. In a state general election year, such signs may not be posted more than 46 days before the date of the election and must be removed by those responsible for the erection of the sign or the property owner within ten days following the state general election. Such signs shall be located at least five feet from all property lines. (2) Election signs for elections held at other times than a state general election year shall be located on private property and at least five feet from all property lines. (h) Employment opportunity signs. One on-premises sign per business denoting employ- ment opportunities shall be allowed on a private property in the town center, commercial or industrial zoning districts with the express consent of the property owner or occupant. Such signs shall not exceed 32 square feet and shall be located on the private property where the employment opportunity exists. (i) No trespass signs. "No trespass" and "no dumping" signs not exceeding two square feet in area per side and not exceeding four in number, per property, are allowed in the residential, town center, commercial and industrial zoning districts. In the agricultural zoning district, such signs shall not be less than 300 feet apart. (j) Noncommercial on-premises signs. One noncommercial on-premises sign per property may be placed on private property by the owner of the property or by the tenant. The sign shall be set back five feet from the property line and not exceed 12 square feet in size. § 10-789ZONING CD10:269 (k) Real estate signs. One real estate sign may be placed per street frontage and one sign per lake frontage on property to be sold or leased. Such signs shall be set back from the property line or right-of-way (whichever is greater), no less than one foot per one foot of sign height. Placement of real estate signs shall have the express consent of the owner or occupant of the property. Such signs shall be removed within ten days following the closing of the lease or sale. The area of any such sign shall not exceed the following: Parcel Area Sign Size Limit 1 acre or less 10 square feet 1.01 acre or more 32 square feet (l) Residential nameplate signs. One nameplate sign, up to two square feet in area per surface with a maximum of two surfaces, shall be allowed for single-family residences. In the R-2 and R-3 zoning districts, one nameplate sign for each dwelling group of six or more units is allowed. Such nameplate sign shall not exceed six square feet in area per surface, and no sign shall have more than two surfaces. (m) Seasonal signs. A maximum of 32 square feet of on-premises temporary signage is allowed per organization for the duration of the sales event. (n) Strings of lights. Lights strung by wire, cord or similar means, other than temporary holiday lighting, shall only be allowed in the town center, commercial and industrial zoning districts. Such lighting is limited to pedestrian areas, including plazas, patios, landscape features and primary entries into buildings. No such illumination is allowed in any required setback. No flashing or blinking lights shall be allowed. (o) Wetland buffer signs. Wetland buffer signs shall not be removed without the written consent of the regulating agency responsible for their installation. (p) Window signs. A business may display one or more window signs, provided the total window sign area does not exceed more than 75 percent of the total window area. (q) Yard sale signs. Two on-premises yard sale signs are allowed and may be displayed seven days prior to the sale and must be removed immediately after the end of the yard sale. Yard sale signs shall only be placed on private property. (Prior Code, § 1147.400) Sec. 10-790. Allowed signs; permit required. (a) Generally. (1) Each property may have each of the signs identified in this section. (2) The signs in this section shall be allowed in the zoning districts identified for each sign type. If no zoning districts are identified, the signs are allowed in every zoning district. (3) The signs in this section require sign permits. § 10-789 PRIOR LAKE CODE CD10:270 (4) The signs in this section do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. (5) A brief description of the signs and display guidelines follow, including regulations related to sign number, size, area and location. (b) Canopy signs. Two canopy signs, in addition to those otherwise permitted on the principal structure, are allowed per property. Canopy signs shall not exceed ten feet in length or 20 square feet each and shall not be placed on the same side of the canopy. Lettering on the signs shall not exceed two feet in height or the average height of the letters on the sign attached to the principal structure, whichever is less. Canopy signs shall be placed in a manner that will allow a six-inch minimum border between the top, bottom, and sides of a canopy face. The sign area is determined by measuring the text only. Stripes or colors do not contribute to the sign area computation. (c) Menu board signs. Properties in the town center and commercial zoning districts with a restaurant providing drive-up window service shall be allowed one menu board per drive-through lane up to a maximum two menu boards. When one menu board exists for a drive-through, the menu board shall not exceed 50 square feet in area. If more than one menu board exists, each menu board shall not exceed 36 square feet in area and may be in addition to any other signs permitted by this division. The menu board shall be single-sided and oriented in such a manner so that the signs provide information to the patrons using the drive-through lane only, and do not provide supplemental advertising to pass-by traffic. The menu board signage shall be completely enclosed within one sign area. Order confirmation signage no greater than one square foot and incorporated into the drive-through speaker pedestal shall not be calculated as part of the menu board signage area. Order confirmation signage greater than one square foot shall be incorporated into the menu board and calculated as part of the board's sign area. The applicant shall demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement. (d) Off-premises regional directional signs. One off-premises regional directional sign is permitted within a two-mile radius of the property on which the facility of regional significance is located. Signage shall be erected on property located in a commercial zoning district. Signage shall not exceed 20 feet in height and 144 square feet in area per side with a minimum of four sides. Signage may be internally illuminated. External illumination directed away from the sign face or into the air (e.g., spotlights, light beams, etc.) is prohibited. Reflected glare or spill light from the sign shall not exceed 0.5 footcandle when the source abuts any residential parcel or one footcandle at any public right-of-way measured at one foot above the ground. Off-premises regional directional shall be located at least 40 feet from another permanent sign allowed by this division. (e) Off-premises identification signs. Off-premises identification signs shall be permitted in the C-3, and I-1 zoning districts, provided the requirements set out in this section are met. (1) No more than two off-premises identification signs shall be permitted for each business park or industrial park. Business and industrial parks are those properties § 10-790ZONING CD10:271 that have been platted and developed as a business or industrial park as determined by the zoning administrator. Off-premises identification signs shall have a minimum separation of 500 linear feet from any other off-premises identification sign on the same side of the right-of-way. (2) The sign shall be located only on a property which is part of the business park or industrial park with written permission of the property owner. The sign may be located on a property abutting the business park or industrial park only with written permission of the property owner and written approval of the zoning administrator. (3) The sign shall be allowed only on property abutting county or state highways. (4) The sign shall be constructed as a freestanding block-type sign structure where the base of the sign structure is in contact with the ground, or a maximum of 12 inches above the ground adjacent to the sign, where the width of the base of the sign shall be at least 80 percent of the width of the sign. (5) Pylon signs shall not be permitted. (6) The sign may only contain identification of the business park or industrial park or identification of the businesses located within the business or industrial park. A minimum of 30 percent of the sign area shall be dedicated to identifying the business or industrial park. No more than 70 percent of the monument sign area shall be dedicated to identification of businesses located within the business park or industrial park. A signage plan and agreement, subject to the approval of the city, shall be entered into and recorded against the property on which the sign will be located in the business or industrial park. The agreement shall detail: a. How the monument sign area will be allocated to all property owners within the business park or industrial park; and b. How the monument sign area will be maintained. (7) The sign shall not exceed 150 square feet in total area. Maximum allowable signage shall be computed on the basis of one side of any double-faced sign. The sign shall not exceed 15 feet in height. Sign height shall be measured from ground grade elevation to the highest point of the sign. The sign shall have a minimum separation of 200 linear feet from any freestanding signs on the same side of the right-of-way. The sign shall be set back from all street right-of-way lines a minimum of 20 feet and shall be set back from all property lines a minimum of ten feet. (f) Subdivision identification signs. Subdivision identification signs are freestanding, on-premises, permanent signs permitted in the town center, commercial, industrial, and residential zoning districts and used to identify a residential subdivision, a planned unit development, a commercial development, business center, or industrial park. (1) Residential districts. Freestanding signs indicating the name of a residential subdivision or planned unit development neighborhood with a residential component are permitted for the purpose of permanent identification. At each principal § 10-790 PRIOR LAKE CODE CD10:272 entrance to such an area, a maximum of two signs, not to exceed 50 square feet of sign area per side with a maximum of two sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten feet above the natural grade. (2) Commercial and industrial districts. a. Freestanding signs indicating the name of a business center shall be permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of two signs, not to exceed 50 square feet of sign area per side with a maximum of two sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten feet above the natural grade. b. In the town center, and commercial and industrial subdivisions with street frontage along TH13, CSAH 42, and CSAH 21, one freestanding subdivision sign may be located along the street frontage of TH13, CSAH 42, or CSAH 21. In the TC, TC-T, C-1, C-2, and I-1 districts, the maximum height of the sign shall be 20 feet above the natural grade. In the C-3 district, the maximum height of the sign shall be ten feet above the natural grade. In the town center, town center-transitional, C-1, C-2, and I-1 districts, this sign shall not exceed 100 square feet in area per side with a maximum of two sides. In the C-3 district, the sign shall not exceed 80 square feet per side, with a maximum of two sides. Freestanding subdivision signs permitted under this subsection must also be located at least 40 feet from any other freestanding sign. (3) Setbacks. Subdivision identification signs must be located at least ten feet from any property line, regardless of the zoning district. The sign may not be located in a manner that violates the traffic visibility regulations in this article. (Prior Code, § 1147.500) Sec. 10-791. Wall signs; permit required. (a) Generally. (1) The signs in this section require sign permits. (2) Except for multi-business buildings which are regulated below, each building in the town center, commercial, and industrial zoning district may contain one or more wall signs provided the combined total size of such permanent wall signs do not exceed 20 percent of the area of the front building façade or 200 square feet, whichever is less. If one building is located on multiple tracts, the length of the front building façade shall be measured from property line to property line parallel to the front building façade. (3) Each property in the residential and agricultural zoning districts may have either one home occupation sign or one place of assembly sign. § 10-791ZONING CD10:273 (4) No wall sign shall project from the building more than 15 inches, except for marquee and projecting signs as allowed below. (5) If there is any direct contradiction between these provisions and a specific type of wall sign the more specific regulation applies. (6) A brief description of the wall sign options and related display guidelines follow, including regulations related to sign size, area, and location. (b) Awning signs. Signs consisting of letters or an identification emblem, insignia, initial, or other similar design may be painted or imprinted on an awning, provided the total sign area does not exceed 30 percent of the awning surface. The bottom of an awning sign shall be no less than nine feet above the sidewalk or above the centerline grade of the adjacent street, whichever is higher, at any point. (c) Changeable copy signs. Changeable copy signs are allowed. (d) Home occupation signs. Signs shall be allowed for the purpose of identifying a home occupation business. The sign shall be non-illuminated, shall be limited to one sign per residential property, shall be attached to the wall of a dwelling, attached garage or detached accessory structure and shall not exceed two square feet. (e) Marquee signs. Signs may be placed on the vertical face of a marquee and may project from the lower edge of the marquee not more than 24 inches. The bottom of a sign placed on a marquee shall be no less than nine feet above the sidewalk or above the centerline grade of the adjacent street, whichever is higher, at any point. No part of the sign shall extend more than five feet above the roofline. Signs shall not be permitted on a marquee which projects over any public right-of-way, with the exception of town center zoning district. (f) Multi-business building signs. A multi-business building is allowed each of the following if applicable: (1) Each multi-business building is allowed one wall sign per business which has an exclusive exterior customer entrance. The sign may not exceed ten percent of the portion of the front building façade abutting the business's area and shall be located on the same building façade as and within ten feet of the business's exclusive exterior customer entrance. The total combined size of such permanent wall signs shall not exceed 20 percent of the area of the front building façade on which the signs are located. (2) Each multi-business building is allowed one wall sign to identify any businesses in the building which do not have exclusive exterior customer entrances. The sign shall not exceed 32 square feet in area and shall be located on the same building façade as and within ten feet of the common public entrance which provides access to the businesses. (3) If a multi-business building has street frontage on a major collector, minor arterial or principal arterial street and the street frontage is not a front building façade, the multi-business building may contain one or more wall signs identifying businesses § 10-791 PRIOR LAKE CODE CD10:274 which have an exclusive exterior customer entrance on the building façade with street frontage provided the combined total size of such permanent wall signs do not exceed ten percent of the area of the building façade with street frontage or 200 square feet, whichever is less. (g) Place of assembly signs. Total sign area of place of assembly signs may not exceed 75 square feet. Internally or externally illuminated signs are permitted if the sign is located so it faces an arterial road or collector street as identified in the comprehensive land use plan. Reflected glare or spill light from the sign shall not exceed 0.5 footcandle when the source abuts any residential parcel or one footcandle at any public right-of-way measured at one foot above the ground. Freestanding signs located in a residential zoning district may be no higher than ten feet above the adjacent grade or centerline grade of the adjacent street, whichever is higher. (h) Projecting signs. Projecting signs located over public right-of-way shall be located a minimum of nine feet above the natural grade level. The maximum size of a projecting sign is limited to 20 square feet in area. Projecting signs and any support mechanism of the sign shall not project more than five feet out from the face of the building provided they do not infringe on the public right-of-way. No projecting sign shall be located within ten feet of another projecting sign. Projecting signs may contain two back-to-back sign faces provided that such faces may not be more than 24 inches apart and that the maximum angle permitted between faces is ten degrees. (Prior Code, § 1147.600) Sec. 10-792. Freestanding signs; permit required. (a) Generally. (1) The signs in this section require sign permits. (2) Each property in the town center, commercial, and industrial zoning districts may have one freestanding sign per street frontage up to a maximum of two freestanding signs per property. (3) In the TC, C-1, C-2, and I-1 zoning districts, the maximum height of the sign shall be 20 feet with a maximum size of 100 square feet per side. (4) In the C-3 zoning district, the maximum height of the sign shall be ten feet with a maximum size of 80 square feet per side with a maximum of two sides. (5) Freestanding signs may contain two back-to-back sign faces, provided that such faces may not be more than 24 inches apart and that the maximum angle permitted between faces is ten degrees. (6) Each property in the residential and agricultural zoning districts may have one place of assembly sign. (7) No freestanding sign shall extend beyond a property line or right-of-way line or be located closer than 40 feet to another freestanding sign. § 10-792ZONING CD10:275 (8) Freestanding signs must be set back at least ten feet from the property line or right-of-way line, whichever is greater, with the exception of the town center district where a freestanding sign may have a zero setback (setback measurement will be from the part of the sign closest to the property or right-of-way line). (9) If there is any direct contradiction between this provision and a specific type of freestanding sign, the more specific regulation applies. (10) A brief description of the freestanding sign options and related display guidelines follow, including regulations related to sign size, area, and location. (b) Changeable copy signs. Changeable copy signs are allowed. (c) Electronic message signs (dynamic display signs). One electronic message sign may be permitted per property. The following standards shall apply to image duration, transition, and other characteristics of signs with dynamic display. (1) Electronic message signs shall not exceed 50 percent of the sign area for any one sign and shall not exceed more than 30 percent of the total area for all signs permitted on a property. (2) Business and government/regulatory signs with dynamic display may either have stable text or stable images, or they may have scrolling text or scrolling images. Signs with dynamic display which contain stable text or stable images may not change their text or image more than once every eight seconds, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds. Signs with dynamic display which contain scrolling text or scrolling images may not scroll at a rate faster than one word per second, where words contain an average of five characters each. (3) For stable text or stable images, the transition from one static display to another must be direct and immediate without any special effects. Electronic message signs shall not emit sound. (4) Modes which cause the message or images to flash are prohibited. (5) Illumination and brightness. Signs with dynamic display shall be limited to 500 NITS from sunset to sunrise. These signs shall be limited to 7500 NITS from sunrise to sunset. Additionally, the sign shall not exceed a maximum illumination of 0.3 footcandle above ambient light level as measured from 100 feet from the sign's face. All signs with dynamic display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirement. § 10-792 PRIOR LAKE CODE CD10:276 (6) No sign with dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, signal or the safety of the public, or located where it would do so as determined by the city engineer. If there is a violation of the brightness standards, the adjustment must be made within one business day upon notice of noncompliance from the city. (7) Malfunction. Signs with dynamic display must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic display must also be equipped with a means to immediately discontinue the display if the sign malfunctions. The sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this division or when owner or operator has notice of the malfunction. (d) Place of assembly signs. Total sign area of place of assembly signs may not exceed 75 square feet. Internally or externally illuminated signs are permitted if the sign is located so it faces an arterial road or collector street as identified in the comprehensive land use plan. Reflected glare or spill light from the sign shall not exceed 0.5 footcandle when the source abuts any residential parcel or one footcandle at any public right-of-way measured at one foot above the ground. Place of assembly signs located in a residential zoning district may be no higher than ten feet above the adjacent grade or centerline grade of the adjacent street, whichever is higher. (e) Pylon signs. Pylon signs are allowed. (Prior Code, § 1147.700) Sec. 10-793. Annual signs; permit required. (a) Generally. (1) Each property in the town center, commercial, and industrial zoning districts may, by permit, have each sign identified in this section. (2) The signs in this section require annual sign permits. (3) The signs in this section do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. (4) A brief description of the signs and display guidelines follow, including regulations related to sign number, size, area and location. (b) Banner signs. One banner sign is allowed in the town center, and commercial or industrial zoning districts and for places of assembly, schools, and marinas located in a residential zoning district. Banner signs are allowed by permit and subject to the requirements of this section. (1) One banner sign may be displayed per property. (2) The total area of the banner sign shall not exceed 32 square feet, regardless of the size of the building. § 10-793ZONING CD10:277 (3) An annual banner sign permit shall be issued for one specified location on the exterior of the principal building, which shall be designated at the time of sign permit issuance. (4) Banner signs may be used for advertising an occasion relating to the goods or services sold or provided on the property or to inform the public of an upcoming special event. Banner signs may be used for grand openings, short-term specials, sales events, or special events that are limited in duration or similar event approved by the zoning administrator. (5) Banner signs shall not be used in place of permanent signage. (6) The owner of a building occupied by multiple tenants is responsible for designating the manner in which the tenants will rotate use of the banner. (7) The zoning administrator shall have full discretion to permit the banner to be firmly affixed to a permanent structure that is not classified as the principal structure, particularly in cases where the alternative location assists in limiting the banner from the view of adjacent residential properties. (8) The owner or tenant of a building with a sign permit may allow an organization or entity to use the banner location to promote a special event. A banner for a special event sign cannot be displayed for more than 30 days prior to the first day of the event. The banner shall be removed at the conclusion of the event. (c) Sandwich board signs. One sandwich board sign (sandwich board) is allowed in the town center, commercial, and industrial zoning districts by permit and provided the requirements set out in this section are met. (1) Only one sandwich board is allowed for each business not to exceed eight square feet per sign face. (2) All permit applications shall contain a sketch of the sandwich board which includes the sign's dimensions, color, and design, and the placement location, including an accurate to-scale depiction of the sidewalk adjacent to the premises. (3) In determining whether to issue a permit, the zoning administrator shall consider the impact on adjacent buildings and pedestrians. (4) Sandwich boards can be displayed only during the times the entity is open. No sandwich board shall be displayed overnight or when there has been any snow accumulation. (5) Sandwich boards may only be located on the sidewalk adjacent and near to the entity's front entrance to the premises. A sandwich board shall be located such that there is a minimum of three feet of unobstructed clearance, does not take up more than three feet of sidewalk width, and does not interfere with pedestrian traffic. (6) In no case shall sandwich boards occupy off-street parking space or be used in conjunction with portable signs. § 10-793 PRIOR LAKE CODE CD10:278 (7) A sandwich board sign shall not be used instead of permanent building signage. (8) A sandwich board may be removed by the city if it interferes with any city activities or public safety (including, but not limited to, snow removal activities and sidewalk maintenance). (9) The owner of a building or business who has a valid temporary permit for a sandwich board may allow the sponsor of a special event to utilize their sandwich board location for a special event sign. (Prior Code, § 1147.800) Sec. 10-794. Temporary signs; permit required. (a) Generally. Each property in the town center, commercial, and industrial zoning districts may, by permit, have one temporary sign at any time which may be erected for no more than 14 consecutive days. The signs in this section require sign permits. In no case shall more than three permits per property be granted during any calendar year. If there is any direct contradiction between this provision and a specific type of temporary sign the more specific regulation applies. A brief description of the temporary sign options and related display guidelines follow, including regulations related to sign size, area and location. (b) Balloon sign. One temporary balloon sign per property not exceeding 35 feet in height, whether tethered or not. The sign shall be set back no less than ten feet from the property line or right-of-way line, whichever is greater, and cannot be placed in a location that obstructs the view of motorists. In no case shall balloon signs take up required off-street parking spaces. (c) Inflatable signs. One temporary inflatable sign per property not exceeding 35 feet in height. The sign shall be set back no less than ten feet from the property line or right-of-way line, whichever is greater, and cannot be placed in a location that obstructs the view of motorists. In no case shall inflatable signs take up required off-street parking spaces. (d) Portable signs. The maximum area shall be 32 square feet, and the maximum height shall be six feet. No sign shall be located in a manner that violates the traffic visibility regulations in this article. Portable signs shall be located on private property and shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of signs advertising public and charitable functions approved by the zoning administrator. (e) Special event sign. A special event sign may be displayed for 14 days prior to and for the duration of the special event. The special event sign shall be removed at the conclusion of the event. A special event sign shall not exceed two square feet in area unless the special event sign also qualifies under another allowed sign in this division in which case the special event sign shall meet the size and other requirements of the allowed sign. (f) Streamers/pennant signs/feather flag. Temporary streamers, pennant signs and feather flags are allowed. § 10-794ZONING CD10:279 (g) Street banner signs. Street banners are permitted in locations authorized by the city engineer. (Prior Code, § 1147.900) Sec. 10-795. Prohibited signs. (a) The following signs are prohibited: (1) Beacons. (2) Bench signs. (3) Billboard signs. (4) Off-premises signs (except for off-premises identification signs and off-premises regional directional signs as allowed above). (5) Painted wall signs. (6) Roof signs. (7) Rotating signs. (8) Signs with flashing or blinking lights. (9) Snipe signs. (10) Vehicular signs. (11) Video display signs. (b) In addition, all signs not expressly allowed under this division are prohibited. (Prior Code, § 1147.1000) Sec. 10-796. Calculating sign area. (a) Sign face. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by drawing a box around the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they are columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the sign area. § 10-794 PRIOR LAKE CODE CD10:280 (b) Individual letters. (1) When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs, or symbols. (2) When two identical sign faces are placed back to back so that neither face can be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. The maximum angle permitted between faces of a multi-face sign is 45 degrees. (Prior Code, § 1147.1100) Sec. 10-797. General sign regulations. In addition to all regulations specific to types of signs above, all signs must comply with the following regulations: (1) Setbacks. Unless noted otherwise in relation to a specific zoning district or sign type, all signage shall maintain a setback of ten feet from any property line. Pylon signs, exclusive of the supporting structure, may project five feet into the minimum required setback with approval by the city engineer. (2) Interference. No sign shall, by reason of position, illumination, shape, size, color, or any other characteristic, interfere in any way with vehicle or pedestrian traffic, including, but not limited to, interference with the proper functioning or purpose of a traffic sign or signal or interference with traffic visibility. § 10-797ZONING CD10:281 (3) Public property/right-of-way. No sign shall be located on public property or within a public right-of-way unless approved in writing by the public entity owning or controlling the property. (4) Illuminated signs. Unless noted otherwise in relation to a specific zoning district or sign type, illumination of signs is prohibited in all agricultural and residential zoning districts. Illuminated signs are allowed in the town center, commercial and industrial zoning districts, provided the signs shall be illuminated only by steady, stationary, shielded light sources that are either directed solely at the sign or are internal to them, without causing glare for motorists, pedestrians, or neighboring property. (Prior Code, § 1147.1200) Sec. 10-798. Sign permit requirements. (a) Permit required. Before a sign requiring a permit under the provisions of this division is placed, constructed, erected, modified, or relocated, the property owner shall obtain a sign permit from the zoning administrator. The property owner shall maintain a sign permit for all signs on the property. Any sign involving electrical components shall be wired by a licensed electrician. A building permit may be required in cases where the state building code requires it. (b) Banner and sandwich board signs. (1) Permits for banners and sandwich board signs are issued annually. A banner or sandwich board permit is valid for one year commencing on January 1 and expiring on December 31 of the year of issuance. An applicant may apply for a banner or sandwich board permit at any time during the year, but the fee will not be prorated. (2) If a banner permit is issued for a multi-business building, the property owner shall allocate the time among the tenants to display the banner. (c) Application. Application for a sign permit shall be made in writing on the forms furnished by the city. The application shall contain the following information: (1) Name, address, telephone number and email address of the property owner, tenant (if applicable), and the company or individual who is providing and installing the sign. (2) Address and legal description of the property where the sign will be located. (3) Sign type. (4) Sign plan as described in section 10-799. (5) Other pertinent information as may be required by the zoning administrator. The permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, the application shall also be signed by the owner of the property. § 10-797 PRIOR LAKE CODE CD10:282 (d) Exemptions. The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its proper erection and maintenance and its compliance with the provisions of this division or any other law or ordinance regulating the same: (1) Changing the advertising copy or message on a marquee, changeable copy, electronic message, or similar sign specifically designed for the use of replaceable copy. (2) Painting, repainting, replacement, or cleaning of a legal sign structure or sign whereby only the color or message is altered. (Prior Code, § 1147.1300) Sec. 10-799. Sign plan requirements. In addition to a sign permit application, no sign permit shall be issued until a sign plan for the entire property or building on which the sign will be erected has been submitted to the city and approved by the zoning administrator. The purpose of the sign plan is to provide accurate information for the city to determine whether the proposed sign is in compliance with the requirements of this division. The sign plan shall include: (1) Name, address, telephone number and email address for the property owner or duly authorized agent for the owner, tenant (if applicable) and sign company completing the work. (2) Description and dimensions for all existing signage which will remain on the property. (3) Identification of the type of signs to be erected by the applicant. (4) A site plan, drawn to scale depicting: a. Total building area and the proposed location of signs. b. Lot dimensions, building façade, easements, and existing rights-of-way and driveways. c. The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location. d. Building elevations, existing and proposed façades, parapet walls, eaveline and the location and size of all proposed and existing permanent signage. e. Current photographs showing existing signs. (5) Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color of lights, details, and the manufacturer's specifications for the lighting fixture and any light shield or shades that will be used. (6) For multi-business buildings, in addition to the items listed above, a comprehensive sign plan shall be submitted and approved by the zoning administrator identifying § 10-799ZONING CD10:283 the public entrances, tenant spaces with exclusive, exterior customer entrances, and the locations, size and type of all signage for the building and property. Upon approval by the zoning administrator, this plan will serve as a reference for all future sign permit applications on that subject property. (Prior Code, § 1147.1400) Sec. 10-800. Maintenance. (a) All signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All signs shall be maintained in a safe, non-deteriorating and sound structural condition at all times. Cracked, broken or bent, glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be repaired, replaced, or removed. (b) Any sign which the city finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the property on which the sign is located. (Prior Code, § 1147.1500) Sec. 10-801. Lapse of sign permit. A sign permit shall lapse automatically if the business related to the sign is discontinued for a period of at least one year. (Prior Code, § 1147.1600) Sec. 10-802. Removal of signs. (a) Removal by city. If the city finds that any sign, or other structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this division or any conditions set out in the sign application or approved permit, city may remove the sign. (b) Removal process. The zoning administrator shall provide written notice to the permit holder or property owner of the problem and what action must be taken to bring the sign into compliance with this division. The permit holder or property owner shall bring the sign into compliance within seven calendar days after the notice is issued. The zoning administrator, in his/her sole discretion, may grant additional time to bring the sign into compliance. If the permit holder or property owner fails to bring the sign into compliance in the time provided or if the city deems the sign constitutes a danger, the city may enter the property and remove, repair, or make safe the sign. All costs incurred by the city, including administration expenses and reasonable attorney fees, may be levied against the property pursuant to Minn. Stats. ch. 429. The city shall not be required to store any removed sign. If the city does store the removed sign, the city shall not return the sign to the permit holder or property owner until the city's expenses for removal and storage have been paid. The city shall not be responsible for any damage or loss of a removed sign or for any reasonable action taken under this provision. § 10-799 PRIOR LAKE CODE CD10:284 (c) Snipe signs. The city may remove all snipe signs without any notice. The city shall not be required to store any removed sign. If the city does store the removed sign, the city shall not return the sign until the city's expenses for removal and storage have been paid. The city shall not be responsible for any damage or loss of a removed sign or for any other reasonable action taken under this provision. (Prior Code, § 1147.1700) Secs. 10-803—10-827. Reserved. ARTICLE VI. PROCEDURES DIVISION 1. GENERALLY Secs. 10-828—10-847. Reserved. DIVISION 2. SITE PLAN REVIEW Sec. 10-848. Purpose and intent; uses subject to review procedure; application; site plan approval, building permit. (a) Purpose and intent. The site plan review procedure is an administrative review performed by city staff for uses which, because of their nature, operation and location in relation to other uses, require a more thorough review procedure. The purpose of this procedure is to identify all relevant issues and permit requirements prior to the application for a building permit. To achieve this, this section describes the procedures governing the application and review process. (b) Uses subject to the site plan review procedure. Site plan review shall be required for all of the following uses: (1) Temporary structures. (2) Any uses permitted with conditions in the A, R-S, R-1, R-2 and R-3 zoning districts. (3) Any uses permitted and permitted with conditions in the TC, TC-T, C-1, C-2, C-3, and I-1 zoning districts involving new construction or substantial building alteration that may impact required parking, landscaping or other requirements of this article. (4) Interim uses. (c) Application for site plan review. An application for a site plan review shall be on a form provided by the city and shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the zoning districts in which the property is located. The application shall also be accompanied by the following information: (1) A certificate of survey of the property. § 10-848ZONING CD10:285 (2) Fee for a site plan review as set forth in the fee schedule. (3) A detailed site plan based on the current survey. The site plan must include the following information: a. Site dimensions. b. Site conditions and existing development on the subject property and immediately adjacent properties. c. The proposed use of all areas of the site. d. The proposed density, type, size and location of all dwelling units, if dwelling units are proposed. e. The general size, location and use of any proposed nonresidential buildings on the site. f. All public streets, entrance and exit drives, and walkway locations. g. All parking areas. h. Trash enclosures. i. Outdoor mechanical equipment. (4) Landscaping plans, including irrigation plans. (5) A tree inventory and tree preservation plan. (6) Information detailing existing natural features, including surface waters, wetlands, bluffs, etc. (7) Lighting plans showing all outside and building exterior lighting. (8) Signage plans. (9) Grading and erosion and sediment control plan, including stormwater drainage calculations. (10) Utility plans. (11) A fire protection plan identifying fire lanes, hydrant locations, post indicator valves and Siamese connections. (12) Building plans, including exterior wall elevations, exterior building materials and cross section floor layouts. (13) Any other information the city may request to determine whether the proposed project meets the requirements of this section. (14) Summary sheets which include: a. Proposed densities, ground floor area and floor area ratios. b. Acreage or square footage of individual land uses on the site. § 10-848 PRIOR LAKE CODE CD10:286 (d) Procedure for approval of a site plan. After receipt of a complete application, the community development department will refer the application to relevant city departments and to other interested parties. The community development department will review the proposed development for compliance with the provisions of this article, the subdivision regulations and other applicable chapter provisions and ordinances. Within 60 days of receipt of a complete application, the zoning administrator will take action to approve or deny the application. (e) Building permits. No building permits shall be issued for any property for which a site plan has been approved until the applicant has paid to the city all required fees and has filed any required letter of credit. (Prior Code, § 1150.100) Secs. 10-849—10-874. Reserved. DIVISION 3. CONDITIONAL AND INTERIM USE PERMITS Sec. 10-875. Standards and procedures governing conditional and interim use permits. The purpose and intent of this division is to outline the general procedures for the process and review of applications for conditional and interim use permits. This division also includes the standards by which these applications should be reviewed. (Prior Code, § 1151.100) Sec. 10-876. Conditional use permits. (a) Purpose and intent. (1) This section identifies certain uses, which, because of their nature, operation and location in relation to other uses, require a conditional use permit. The conditional use permit process regulates the location, magnitude and design of conditional uses consistent with the comprehensive plan, and the regulations, purposes, and procedures of this article. (2) Conditional use permits contain minimum conditions to minimize the impact of the use on adjacent properties. To achieve this, this section sets out the general provisions and criteria applicable to all uses authorized by a conditional use permit. This section also describes the procedures governing the application and review process. When considering whether to approve or deny a conditional use permit, the planning commission has the discretion to impose site-specific conditions designed to mitigate the potential impacts on adjacent properties. § 10-876ZONING CD10:287 (b) Standards for conditional uses. The planning commission shall review all applications for a conditional use permit and shall make findings with respect to the criteria set forth in Minn. Stats. § 462.3595 and below. (1) The use is consistent with and supportive of the goals and policies of the comprehensive plan. (2) The use will not be detrimental to the health, safety, morals, and general welfare of the community as a whole. (3) The use is consistent with the intent and purpose of this article and the zoning district in which the conditional use is located. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the state, approved by the planning commission, and incorporated as part of the conditions imposed on the use by the planning commission. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the state which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the conditional use permit approved by the planning commission. (8) The use is subject to such other additional conditions which the planning commission may find necessary to protect the general welfare, public safety, and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this article are insufficient to achieve the objectives contained in this division. In these circumstances, the planning commission may impose restrictions and condi- tions on the conditional use permit which are more stringent than those set forth in this article and which are consistent with the general conditions above. The additional conditions shall be set forth in the conditional use permit approved by the planning commission. (c) Conditional use performance standards in the shoreland district. In addition to the standards listed in subsections (b) and (d) of this section for conditional uses, the planning commission shall consider the following criteria when evaluating requests for conditional use permits in the shoreland district. (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soil conditions on the site must be made to ensure: a. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; § 10-876 PRIOR LAKE CODE CD10:288 b. The visibility of structures and other facilities as viewed from public waters is limited; c. The site's access to city sewer and water services; and d. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate the watercraft. (2) Conditions attached to conditional use permits. The planning commission, upon consideration of the criteria listed above and the purposes of this section, shall attach such conditions to the issuance of the conditional use permit as it deems necessary. Such conditions may include, but are not limited to, the following: a. Increased setbacks from the ordinary high-water level; b. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and c. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (d) Conditional use performance standards in the floodplain district. In addition to the standards listed in subsection (c) of this section for conditional uses, the planning commission shall consider the following criteria when evaluating requests for conditional use permits in the floodplain district. (1) Evaluation criteria. The planning commission shall consider all relevant factors, including the following: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the city. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and develop- ment anticipated in the foreseeable future. § 10-876ZONING CD10:289 i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. l. Such other factors which are relevant to the purposes of this section. (2) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this section, the planning commission shall attach such conditions to the granting of a conditional use permit as deemed necessary. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy and operation. c. Imposition of operational controls, sureties and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures. e. Floodproofing measures, in accordance with the state building code and the floodplain regulations of this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (e) Application for a conditional use permit. An application for a conditional use permit shall be on a form provided by the city which shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the zoning districts in which the conditional use permit is proposed to be located. The application shall also be accompanied by the following information: (1) A general development plan, including the following: a. Site conditions and existing development on the subject property and immediately adjacent properties. b. The proposed use of all areas of the site. c. The proposed density, type, size, and location of all dwelling units, if dwelling units are proposed. d. The general size, location and use of any proposed nonresidential buildings on the site. e. All public streets, entrance and exit drives, and walkway locations. f. Parking areas. g. Landscaped areas. § 10-876 PRIOR LAKE CODE CD10:290 h. Parks and open spaces, public plazas, and common areas. i. Site dimensions. j. Generalized drainage and utility plans. k. Any other information the city may request to determine whether the proposed project meets the requirements of this section. (2) Summary sheets which include the following: a. Proposed densities, ground floor areas, and floor area ratios. b. Acreage or square footage of individual land uses on the site. c. All proposed modifications of district regulations being requested. (3) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase. (4) A map or plat showing the lands proposed for the conditional use permit and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records. (5) Fee for a conditional use permit as set forth in the fee schedule. (f) Procedure for consideration of a conditional use permit. (1) The application shall be reviewed by the city staff and reports concerning the application shall be submitted to the planning commission for its consideration within 30 days of receipt of all material required by this section for review of the application. (2) The planning commission shall hold a public hearing to consider the application. Notice of the public hearing shall be provided as required by state statute. The planning commission shall take final action on the application for a conditional use permit within 60 days of a complete application, unless the deadline for action is waived by the applicant. (3) The planning commission may approve the conditional use permit in whole or in part, may approve the conditional use permit subject to additional conditions, may deny the conditional use permit, or may continue consideration of the conditional use permit for further investigation and consideration at a later date. Conditional use permits may be approved or denied by resolution of the planning commission. A resolution of approval or denial shall set out the findings by the planning commission supporting the approval or denial. (g) Modifications. The planning commission may at any time, on its own initiative or upon application by the property owner, modify the conditions of an existing conditional use permit as changing circumstances warrant. No modification of an existing conditional use permit may be made until a public hearing has been held by the planning commission, except § 10-876ZONING CD10:291 that minor amendments shall require only notice to the holder of the conditional use permit and approval of the planning commission. Minor amendments include proposed changes or modifications which will not have an effect on required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or agreements required by the original conditional use permit. (h) Assent form. No conditional use permit with imposed conditions is valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the conditional use permit is granted and agrees to observe them. (i) Filing. The resolution approving a conditional use permit or modification of a conditional use permit shall include the legal description of the property for which the permit was issued and a list of any conditions set forth by the planning commission as part of the approval of the conditional use permit. A certified copy of the resolution shall be filed with the county recorder within 60 days of approval of the resolution and evidence of recording provided to the zoning administrator. (j) Revocation of conditional use permits. A conditional use permit may be revoked by the planning commission if the commission determines that the holder of an existing conditional use permit has violated any of the conditions or requirements imposed as a condition to approval of the conditional use permit, or has violated any other applicable laws, ordinances, or enforceable regulations. The following procedure shall apply to revocations: (1) The zoning administrator shall notify the holder in writing of the alleged violation. The notice shall be given in person or by U.S. mail, addressed to the applicant at the address stated on the original application or as has been updated in writing as well as to the owner of the property subject to the conditional use permit as identified by the records of the county auditor. Notice shall also be served upon the occupants of the premises for which the conditional use permit was issued or, if no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting. (2) The notice shall be issued a minimum of ten days prior to the date of a public hearing conducted by the planning commission. The holder of the conditional use permit shall be required to reimburse the city for costs incurred pursuant to division 6 of this article. (3) At the hearing, the planning commission shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the planning commission shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record, and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator. § 10-876 PRIOR LAKE CODE CD10:292 (k) Cancellation after one year, no construction required. All conditional use permits shall be canceled, solely by the passage of time and without any action by the city, if one year has elapsed from the date of the adoption of the resolution granting the conditional use permit and the holder of the conditional use permit has failed to make substantial use of the premises according to the provisions contained in the permit. (l) Cancellation after one year, new construction required. All conditional use permits shall be canceled after one year has elapsed from the date of the adoption of the resolution granting the conditional use permit if a new structure or alteration or substantial repair of an existing building is required by the conditional use permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. (m) Cancellation upon occurrence of certain events. If the holder of a conditional use permit fails to make actual use of vacant land or lands and structures which were existing when the conditional use permit was issued and no new structure, alteration, or substantial repair to existing buildings was required, or if a new structure was required by the conditional use permit and no building permit has been obtained, the conditional use permit shall be deemed canceled upon the occurrence of any of the following events: (1) A change in the zoning district for such lands is made by amendment to the zoning map by the city council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the conditional use permit. (3) The use described in the conditional use permit becomes an illegal activity under state or federal law. (4) Title to all or part of land described in such conditional use permit is forfeited to the state for nonpayment of taxes. (5) The person to whom the conditional use permit was issued files a written statement in which that person states that the conditional use permit has been discontinued. The statement shall describe the land involved or state the resolution number under which the conditional use permit was granted. (6) The premises for which the conditional use permit was issued are used by the person to whom the permit was issued in a manner inconsistent with the provisions of such conditional use permit. (n) Cancellation if use discontinued. A conditional use permit granted by the city is canceled if all conditions imposed in the conditional use permit are not satisfied within one year or if the approved use is discontinued for a period of more than one year. (o) Extension of time of cancellation. The planning commission may grant up to a one-year extension of time beyond the cancellation date for any conditional use permit. The fee to process an extension request shall be set by the city council in the fee schedule. Requests for extension of time must be filed with the zoning administrator before the cancellation date of § 10-876ZONING CD10:293 the conditional use permit, but such request shall not be filed more than 60 days before the cancellation date. The planning commission may approve, by resolution, such requested extension if the planning commission finds the use to be acceptable and a satisfactory reason exists to grant an extension. (p) Reimbursement of city costs. No conditional use permit shall become valid and no building permit shall be issued for the property until the applicant has paid to the city all fees and cost reimbursements due according to division 6 of this article and has filed any required escrow or letter of credit. (Prior Code, § 1151.200) Sec. 10-877. Continuation of certain conditional use permits. (a) Purpose. The purpose of this section is to address certain conditional use permits affected by amendments to this chapter and to set forth procedures by which a conditional use permit may be terminated or converted and by which property affected by such conditional use permits may be altered. (b) Conditional use permit uses now permitted. Conditional use permits issued for land uses which are now permitted uses in the zoning district in which the property is located are continued in full force and effect. The owner of property subject to such a conditional use permit may request termination of the conditional use permit by providing the city with a letter requesting termination. Upon receipt of a letter requesting termination, the city shall issue a written termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the city wherein the owner agrees to indemnify and hold harmless the city for any actions or consequences arising from termination of the conditional use permit. Upon termination of the conditional use permit, the land use shall be governed by the regulations of this chapter and other applicable laws, rules and regulations. Once a conditional use permit is declared terminated, it may not be reinstated. (c) Conditional use permit uses now permitted with conditions. Conditional use permits issued for land uses which are now uses permitted with conditions in the zoning district in which the property is located are continued in full force and effect. The owner of property subject to such a conditional use permit may request termination of the conditional use permit by providing the city with a letter requesting termination. Upon receipt of a letter requesting termination, the city shall issue a written termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the city wherein the owner agrees to indemnify and hold harmless the city for any actions or consequences arising from termination of the conditional use permit. Upon termination of the conditional use permit, the land use shall be governed by the regulations of this chapter and other applicable laws, rules and regulations. Once a conditional use permit is declared terminated, it may not be reinstated. § 10-876 PRIOR LAKE CODE CD10:294 (d) Conditional use permit uses now conditional uses. Conditional use permits issued for land uses which continue to require a conditional use permit in the zoning district in which the property is located, are continued in full force and effect. The holder of such a conditional use permit may request the city to verify compliance of the property with the terms and conditions of the conditional use permit. A holder of a conditional use permit requesting such verification shall submit such plans and other documentation necessary to demonstrate to the zoning administrator that the property complies with the terms and conditions of the conditional use permit. Upon a satisfactory demonstration of compliance with the conditions of the conditional use permit, the zoning administrator shall issue a certificate of zoning compliance stating that the property complies with the terms and conditions of the conditional use permit. The certificate of zoning compliance shall be recorded on the title of the subject property by the applicant. (e) Conditional use permit uses now nonconforming uses. Conditional use permits issued for land uses which are now nonconforming uses in the zoning district in which the property is located are continued in full force and effect. (Prior Code, § 1151.300) Sec. 10-878. Interim use permits. (a) Purpose and intent. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable for a prescribed period of time. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer permit it. An interim use may never become a use that is permitted, permitted with conditions or allowed by conditional use permit unless this chapter is amended, following the procedures required by division 4 of this article and approved by a four-fifths vote of the city council. (b) Process. Two steps must occur before an interim use can occupy a property. The first step requires the city council to designate a particular land use as an interim use in the specified zoning district. The second step requires the application for and approval of an interim use permit. (1) Designation of interim use. An interim use may be designated by the city council in the same manner as the text of this chapter is amended. (2) Application for interim use permit. The procedures for applying for an interim use permit, the required exhibits, and the criteria for granting an interim use shall follow the provisions for application and procedure for review set forth in section 10-876 for conditional use permits. (3) Limited application. Interim uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an interim use permit does not confer upon the property owner any vested right. § 10-878ZONING CD10:295 (4) Permit. The city council may grant an interim use permit for the interim use of property if: a. The date or event that will terminate the use can be identified with certainty; b. Permitting the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and c. The permittee agrees in writing to any conditions that the city council deems appropriate for the use. (5) Assent form. An interim use permit requires the applicant to sign an assent form and any approved exhibits which acknowledge the terms and conditions under which the interim use permit is granted. The applicant thereby agrees to observe and be bound by the terms and conditions set forth in the permit. (6) Permit termination. An interim use permit shall expire or be terminated by: a. The date of events stated in the permit. b. Upon a violation of any condition under which the permit was issued. (7) Permit review. An interim use permit must be reviewed annually by staff but may be reviewed at any time if the council is of the opinion that the terms and conditions of the permit have been violated or if any of the criteria for expiration or termination have been met. (8) Permit extension. The city council shall have the right to extend the expiration or termination date for such additional periods as are consistent with the terms and conditions of the original permit, but in no event beyond ten years. (Prior Code, § 1151.400) Secs. 10-879—10-904. Reserved. DIVISION 4. VARIANCES Sec. 10-905. Standards and procedures governing variances. The purpose and intent of this division is to outline the general procedures for the process and review of applications for variances to this chapter. This division also includes the standards by which these applications should be reviewed. (Prior Code, § 1152.100) Sec. 10-906. Variances to the provisions of the chapter. (a) Statutory authority. This division provides authority for variances to the application of the provisions of this chapter. Minn. Stats. § 462.357, subd. 6(2) states "variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance." When practical difficulties exist, the owner of the fee title to the property may apply for a variance to the provisions of this chapter. § 10-878 PRIOR LAKE CODE CD10:296 (b) Applications for variances. Applications for variances must be filed with the zoning administrator and must describe the conditions of the lot and the practical difficulties claimed as a basis for the variance. All variance applications must be signed by the fee owners of the property. An application for a variance shall be on a form provided by the city and shall be accompanied by the following information: (1) Fee for a variance as set forth in the fee schedule. (2) A survey of the property showing all property lines, required setbacks, easements, existing structures, and all proposed structures. (3) A map or plat showing the lands proposed for variance and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records. (4) If the variance application involves a driveway or access to the property, the property owners and applicant must demonstrate that the variance, if granted, will not impair access to other platted lots. (5) Any other materials required by the city. (6) Any other materials or information the property owner and applicant believe support the variance application and will assist the board of adjustment and appeals to reach a decision. (c) Board of adjustment decides variances. All variance applications are considered and decided by the board of adjustment and appeals after a public hearing. The application shall be reviewed by the city staff and reports concerning the application shall be submitted to the board for its consideration the board shall consider the effect of the strict application of the provisions of this chapter on the applicant's property and the impact granting the variance will have comprehensive plan. In addition, the board shall consider the requirements of all other applicable state statutes, the information in the application, the information in the staff report and the criteria set forth in Minn. Stats. § 462.357, subd. 6. The board of adjustment shall make specific findings relating to each of the statutory criteria as follows: (1) Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter. (2) Variances shall only be permitted when they are consistent with the comprehensive plan. (3) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means that: a. The property owner proposes to use the property in a reasonable manner not permitted by this chapter; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and § 10-906ZONING CD10:297 c. The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. (d) Notice of hearing. After receipt of a complete application, the zoning administrator shall set a date for a public hearing and publish notice of the hearing as required by state statute. The public hearing must occur within 30 days after receipt of a complete application. (e) Time of decision on variance. Final action on the proposed variance must occur within 60 days from the date the complete application was received by the city, unless the city notifies the applicant in writing that it intends to extend the decision deadline by an additional 60 days. The written notice must state the reason the city is extending the decision deadline. (f) Decision on variance. The board of adjustment and appeals may approve the variance in whole or in part, may approve the variance subject to additional conditions, may deny the variance, or may continue consideration of the variance for further investigation and consideration at a later date. Variances may be approved or denied by resolution of the board. A resolution of approval or denial shall set out the findings by the board supporting the approval or denial. (g) Limitations. No application for a variance shall be accepted, and no variance shall be granted by the city for any of the following: (1) Land uses not specifically listed within a zoning district. (2) Floor elevations lower than the flood protection elevation, or levels of flood protection required in the floodplain district. (h) Conditions. In granting a variance, the board of adjustment and appeals may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to ensure compliance and protect adjacent properties, the character of the neighborhood, and the health, safety, or general welfare of the community. Any conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant/property owner and any subsequent purchaser, successor, heir, or assign of the property. Any violation of the variance or its conditions and safeguards shall be a violation of this chapter. (i) Assent form. No variance which is approved subject to conditions is valid until the property owner and applicant for the variance have signed an assent form and the approved exhibits agreeing to the terms and conditions applicable to the variance. (j) Variance must be recorded. The resolution approving a variance shall include the legal description of the property and a list of any conditions imposed by the board of adjustment and appeals. A certified copy of the resolution shall be filed with the county recorder and evidence of the recording provided to the zoning administrator. § 10-906 PRIOR LAKE CODE CD10:298 (k) Revocation of a variance. A variance may be revoked by the board of adjustment and appeals if the board determines the property has been used in a manner that violates any of the conditions or requirements imposed as a condition to approval of the variance, or violates any other applicable laws, ordinances, or enforceable regulation. The following procedures shall apply to revocations: (1) The zoning administrator shall provide written notice of the alleged violation to the property owner and persons whose names appeared on the original application for the variance or as has been updated in writing. The notice shall be delivered in person or by U.S. mail a minimum of ten days prior to the date set for a hearing before the board of adjustment and appeals. Notice shall also be served upon the occupants of the property subject to the variance. If no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting. The holder of the conditional use permit shall be required to reimburse the city for costs incurred pursuant to division 6 of this article. (2) At the hearing, the board of adjustment and appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the board shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator. (l) Expiration of variance. All variances shall be canceled, solely by the passage of time and without any action by the city, if one year has elapsed from the date of the adoption of the resolution granting the variance if there is no evidence that substantial use or progress has occurred on the property or premises subject to the approved variance. (m) Extension of variance. The owner of the property subject to a variance may, by application and payment of the fee set by the city council, apply for an extension of the one-year variance period. The application to extend the variance request must be filed with the zoning administrator a minimum of 30 days before the expiration date of the variance, but such request shall not be filed more than 60 days before the expiration date. The board of adjustment may, by resolution, extend a variance for a reasonable period of time not to exceed one year. (n) Duration and enforcement. Variances shall remain in effect as long as the conditions stated in the permit are observed. Failure to comply with those conditions may result in revocation of the variance. (o) Reimbursement of city costs. No variance shall become valid and no building permit shall be issued in reliance on the variance until the applicant has paid to the city all fees and cost reimbursement due according to division 6 of this article and has filed any required escrow or letter of credit. (Prior Code, § 1152.200) § 10-906ZONING CD10:299 Secs. 10-907—10-930. Reserved. DIVISION 5. AMENDMENTS Sec. 10-931. Standards and procedures governing amendments. The purpose and intent of this division is to outline the general procedures for the process and review of amendments to this chapter, zoning map and comprehensive plan. This division also includes the standards by which amendments should be reviewed. (Prior Code, § 1153.100) Sec. 10-932. Amendments to this chapter or zoning map. (a) Initiation of proceedings. Amendments to this chapter or zoning map may be initiated in one of four ways as follows: (1) The planning commission may initiate such amendments by motion. (2) The city council may on its own motion initiate amendments by referring them to the planning commission for review. (3) Any property owner may formally petition the city to consider an amendment to the zoning map for land for which he/she is property owner. (4) Any individual may petition the city to consider an amendment to the text of this chapter. (b) Applications for amendments to the zoning map. All applications for changes in the boundaries of any use district initiated by the petition of the owner or owners of the property shall be on a form provided by the city and shall be accompanied by the following information or attachments: (1) A legal description of the property to be changed. (2) A map or plat showing the property proposed to be changed and all properties within 350 feet of the boundaries of that property. (3) The names and addresses of the owners of properties within 350 feet of the property to be changed as shown on the records of the county auditor. (4) An application fee as established by the city council in the fee schedule. (c) Applications for amendments to the text of this chapter. All applications for amend- ments to the text of this chapter initiated by the petition shall be on a form provided by the city and shall be accompanied by the following information or attachments: (1) A written description of the changes to the text of this chapter and the reasons and rationale for the proposed changes. (2) An application fee as established by the city council in the fee schedule. § 10-907 PRIOR LAKE CODE CD10:300 (d) Public hearing and notice. (1) A public hearing shall be held before any amendment to this chapter or zoning map is adopted. Notice of the public hearing shall be provided as required by state statute. (2) The department of natural resources commissioner shall be notified at least ten days in advance of the public hearing of any request to amend the text of the floodplain or shoreland regulations or the boundaries of the floodplain district. Floodplain boundaries shall not be amended unless the city provides adequate information to the department of natural resources commissioner that the map is in error or the lands are adequately protected from flood. (e) Review of amendments. (1) The proposed amendment shall be reviewed by the city staff and a report concerning the proposal shall be submitted to the planning commission for its consideration within 30 days of receipt of a complete application or within the time set by motion of the planning commission or city council. (2) The planning commission shall make a recommendation on the amendment to the city council within 60 days of receipt of a complete application or within the time set by the planning commission or city council. If the planning commission fails to make a recommendation within the 60-day period, the city council may then consider the amendment without the planning commission's recommendation. (f) City council action. The city council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the city council shall render a decision regarding the amendment within 60 days of the council's initial consideration of the amendment. (g) Adoption. (1) Amendments to the text of this chapter or to the zoning map require a majority vote of all members of the city council. The adoption or amendment of any part of this chapter that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the city council. (2) The adoption or amendment of any part of this chapter that changes all or part of the existing classification of a zoning district from either commercial or industrial to residential requires a two-thirds majority vote of all members of the city council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the city council. § 10-932ZONING CD10:301 (h) Fees for rezoning and amendments to the text. If the city council or city planning commission initiates proceedings for rezoning or text amendments, the council may require that payment of an application fee be made by owners of property involved before considering any amendment. (i) Policy for amendments. Recommendations of the planning commission and final determinations of the city council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: (1) In the case of amendments to the zoning map: a. The area, as presently zoned, is inconsistent with the policies and goals of the comprehensive plan, or the land was originally zoned erroneously due to a technical or administrative error; b. The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelop- ment of the area; or c. The permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. (2) In the case of amendments to the text of this chapter: a. There is a public need for the amendment; b. The amendment will accomplish one or more of the purposes of this chapter, the comprehensive plan or other adopted plans or policies of the city; or c. The adoption of the amendment is consistent with state or federal require- ments. (Prior Code, § 1153.200) Sec. 10-933. Amendments to the comprehensive plan and land use map. (a) Purpose and intent. (1) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the city. The comprehensive plan includes plans, goals, policies, and standards and is an adopted statement of city policy concerning the future of the city. The ordinance from which this chapter is derived is adopted for the purpose of carrying out the policies and goals of the land use chapter of the comprehensive plan. However, any amendment to the text of this chapter or the zoning map which is inconsistent with the comprehensive plan shall not be invalidated as a result of the inconsistency. § 10-932 PRIOR LAKE CODE CD10:302 (2) The city may, either by motion of the city council or planning commission or by petition of a property owner, consider amendments to the text of the comprehensive plan or to the comprehensive plan land use map. This section outlines the procedures for consideration of these amendments. (b) Application. Any person petitioning for a change in the comprehensive plan or land use map shall submit an application in the form prescribed by the city. The application shall describe the change requested, state the reasons for the requested change, and attach documentation to support the request. The applicant shall pay a fee established by the city council in the fee schedule. If the request requires a change in the land use map, a map or plat showing the lands proposed for the amendment and all lands within 500 feet of the boundaries of that property and two copies of the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records shall be filed with the application. (c) Metropolitan council review. Upon receipt of the complete application or motion, the city staff shall review the request and determine whether an amendment as defined by guidelines established by the Metropolitan Council of the Twin Cities for its review of comprehensive plan amendments is requested. If an amendment as defined by the metropolitan council is requested, a copy of the proposed amendment shall be forwarded to the metropolitan council for its review within ten working days of the motion or receipt of the complete application by the city. (d) Public hearing and notice. A public hearing shall be held before any amendment to the comprehensive plan or land use map is adopted. Notice of the public hearing shall be provided as required by state statute. (e) Planning commission review. The proposed amendment shall be reviewed by the city staff and a report concerning the proposal shall be submitted to the planning commission for its consideration within 30 days of receipt of a complete application or within the time set by the planning commission or city council. The planning commission shall consider the testimony received at the public hearing, the staff reports, and other material it deems pertinent and shall report its findings and recommendations to the city council with 60 days of the date of the motion or receipt of a complete application or within the time set by the planning commission or city council. If the planning commission fails to make a recom- mendation within the 60-day period, the city council may then consider the amendment without the planning commission's recommendation. (f) City council action. The city council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the city council shall render a decision regarding the amendment within 60 days of the council's initial consideration of the amendment. (g) Adoption. (1) Amendments to the comprehensive plan or land use map require a majority vote of all members of the city council. The adoption or amendment of any part of the land § 10-933ZONING CD10:303 use map that changes all or part of a planned land use from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the city council. (2) The adoption or amendment of any part of the land use map that changes all or part of a planned land use from either commercial or industrial to residential requires a two-thirds majority vote of all members of the city council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the city council. (3) The city council may alter the proposed amendment, but if the alteration results in a modification of the map filed at the time of publication of notice of the hearing, the amendment shall not be adopted until ten days after notice has been given by registered mail to the owner of the property to be re-guided that an amendment is being considered and may be adopted which is different from that shown on the original map filed in support of the requested planned land use. (Prior Code, § 1153.300) Sec. 10-934. Amendments to official maps. (a) Purpose and intent. An official map is a map that is adopted pursuant to Minn. Stats. § 462.359 which identifies land needed for future public uses. (b) Initiation of amendment. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by: (1) A recommendation of the planning commission; or (2) Action by the city council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body. (c) Sketch maps and reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. (d) Reference to planning commission. Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 45 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council within 45 days after reference of the proposal to the commission, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. (e) Notice and hearing. (1) Notice. Upon receiving the recommendation of the planning commission or after 45 days from the submission of the proposal to the planning commission without a § 10-933 PRIOR LAKE CODE CD10:304 recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place and purpose of the hearing and a description of the property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten days prior to the date of the hearing. At least ten days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (2) Hearing. At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council. (f) Preparation and filing of maps. The official map shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder. (g) Effect. (1) Building permit. After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of Minn. Stats. § 462.359. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map for street or other public purposes. When any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area identified for public purposes. The adoption of an official map does not give the city any right, title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. (2) Appeal. When a building permit is denied pursuant to this section, the board of adjustment and appeals shall, upon appeal filed with it by the owner of the land, hold a public hearing upon the appeal after notice of the hearing has been published in the § 10-934ZONING CD10:305 official newspaper once at least ten days before the hearing. The board of adjustment and appeals shall grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: a. That the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; or b. That, balancing the interest of the city in preserving the integrity of the official map and the comprehensive plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. (3) Authorization of permit issuance. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Prior Code, § 1153.400) Secs. 10-935—10-956. Reserved. DIVISION 6. APPEALS Sec. 10-957. Procedure or method to appeal. This division provides the sole method to appeal any rule, order, requirement, decision or determination of the zoning administrator, planning commission, board of adjustment and appeals, or city council relating to this chapter. Failure to follow the procedures and timelines set forth in this division constitutes a waiver of any right to appeal. (Prior Code, § 1154.100) Sec. 10-958. Appeal from a decision of the planning commission/board of adjust- ment and appeals. (a) Filing notice of appeal. Anyone aggrieved (including, but not limited to, an applicant, affected property owner, or city staff member) by any rule, order, requirement, decision, or determination of the planning commission or the board of adjustment and appeals may appeal to the city council. The appeal shall be made by filing a notice of the appeal ("notice") with the zoning administrator within five business days of the date of the written decision. § 10-934 PRIOR LAKE CODE CD10:306 The notice must include a copy of the decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the city fee schedule shall be paid when the appeal is filed. (b) Appeal hearing. The zoning administrator shall schedule an appeal hearing before the city council within 45 days of receiving notice. The zoning administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by state statute or this chapter, and any other interested parties as determined by the zoning administrator. (c) Decision. At the hearing, the city council shall hear a report from staff, from the appellant and from any other parties the city council determines appropriate to recognize. No new evidence or information will be permitted at an appeal hearing before the city council. Within a reasonable time after a hearing, the city council shall issue a decision on the appeal which decision shall affirm, reverse, or modify the decision that is being appealed. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state statute and this chapter and as determined appropriate by the zoning administrator. (Prior Code, § 1154.300) Sec. 10-959. Appeal from a decision of the zoning administrator. (a) Right to appeal from the decision of the zoning administrator. Anyone aggrieved (including, but not limited to, an applicant, affected property owner, or city staff member) by any rule, order, requirement, decision, or determination of the zoning administrator (except for actions taken in connection with enforcement of violations, which are not subject to appeal) may appeal to the board of adjustment and appeals. The appeal shall be made by filing a notice of the appeal ("notice") with the zoning administrator within five business days of the date of the written decision. The notice must include a copy of the decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the city fee schedule shall be paid when the appeal is filed. (b) Appeal hearing. The zoning administrator shall schedule an appeal hearing before the board of adjustment and appeals within 45 days of receiving a notice. The zoning administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by state law or this chapter, and any other interested parties as determined by the zoning administrator. (c) Decision. At the hearing, the board of adjustment and appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the board of adjustment and appeals shall issue a decision on the appeal. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator. (Prior Code, § 1154.200) § 10-959ZONING CD10:307 Sec. 10-960. Appeal from a decision of the city council. Any person aggrieved by any rule, order, requirement, decision or determination of the city council may appeal to court as provided for by law. The appeal shall be made within 30 calendar days of the date of the written decision. (Prior Code, § 1154.400) Sec. 10-961. Standard of review. The planning commission, board of adjustment and appeals, or city council shall only overturn or modify a decision that has been appealed if it determines that the decision was clearly erroneous and a mistake has been committed. The body considering the appeal shall not overturn or modify a decision that has been appealed simply because it would have made a different decision. (Prior Code, § 1154.500) Sec. 10-962. Effect of appeal. A final decision shall have immediate effect; however, any person taking action on that decision shall do so at their own risk and may be required to undo any action taken if the decision is overturned on appeal. Any party filing an appeal may request a stay of the final decision from the zoning administrator which shall be granted or denied in the zoning administrator's sole discretion. If a stay is granted, the final decision shall not take effect until the appeal is complete or until the zoning administrator lifts the stay. (Prior Code, § 1154.600) Secs. 10-963—10-982. Reserved. DIVISION 7. ENFORCEMENT, PENALTY AND FEES Sec. 10-983. Enforcement. (a) Misdemeanor. All persons shall comply with the provisions of this chapter. Any person who fails to comply with any of the provisions of this chapter or any rule, order, requirement, decision, or determination made pursuant to this chapter, shall be guilty of a misdemeanor. Each day that a violation occurs shall be considered a separate violation. (b) Enforcement and penalties. The city, in its sole discretion, may enforce any provision of this chapter by fines; revocation/suspension of a permit, license or approval; mandamus; injunction; criminal prosecution; civil suit/penalties; or any other equitable or legal remedy available. Any costs incurred by the city in enforcing any provision of this chapter shall constitute damages incurred by the city and may be recovered through a judicial proceeding or by assessing the damages against the property. Each day that a violation occurs shall be considered a separate violation. § 10-960 PRIOR LAKE CODE CD10:308 (c) Mediation. The city may enter into mediation relating to enforcement of this chapter, provided that mediation shall not be pursued where the issue involves a specific dimensional or performance requirement. Mediation may be pursued when the issue involves interpreta- tion or application of this chapter. Mediation shall not be substituted for a variance proceeding and the city shall not agree to be bound by the mediation process when the result would be an action inconsistent with the intent of this chapter. (Prior Code, § 1155.100) Sec. 10-984. Fees. (a) Establishment of fees. Each year the city council establishes fees for the administra- tion and enforcement of the provisions of this chapter and sets forth such fees in the fee schedule. All persons shall be required to pay such fees as required by the fee schedule at the time of application or appeal. (b) Refund of fees. If any application for a conditional use permit, variance, appeal or amendment to this chapter, the official map or the comprehensive plan is withdrawn by the applicant prior to publication of notice for the public hearing, the applicant is entitled to a refund of 50 percent of the application fees paid to the city. (c) Reimbursement for city costs. The purpose of this section is to provide a procedure to reimburse the city for its costs of review, analysis, and evaluation of development proposals, conditional use permits, comprehensive plan amendments, zoning amendments and enforce- ment of this chapter in cases where, due to the level of complexity of the application under consideration, excessive costs beyond those normally incurred by the city as a result of the administration of this chapter are incurred. The excess costs result from problems presented in review, analysis, and evaluation which necessitate intensive investigation and research. The intent of this section is to ensure an adequate level of review of these cases and to ensure that the adverse effects of development on the city are minimized and that compliance with goals and objectives of the comprehensive plan and this chapter is maintained. (d) Conditions where reimbursement is authorized. The city may, in its sole discretion, require reimbursement of city costs under the following conditions: (1) When the zoning administrator finds multiple planning commission and city council meetings are required to review a particular item and additional staff time is expended subsequent to the initial meeting. (2) When the zoning administrator finds it necessary to retain consultants and experts to review requests and advise relating to specific impacts of a proposal, including, but not limited to, impacts on traffic, utilities, drainage, and aesthetic or environmental characteristics of the community. (3) When it is necessary for the city attorney to review a proposal. (4) When the zoning administrator finds that other extraordinary costs are incurred by the city as a result of the administration of this chapter. § 10-984ZONING CD10:309 (e) Procedure for reimbursement. (1) The city shall notify the applicant at the earliest possible time that the city will incur additional costs and, if possible, provide the applicant with an estimate of the expected additional cost. (2) The applicant shall pay the estimated additional cost to the city by cash escrow, certified check, or bank money order. If the amount paid to the city initially is insufficient to cover all city costs, the additional amounts shall be billed to the applicant. Any money which has not been used to pay additional costs after the applicant's request has been processed shall be refunded to the applicant. (3) No certificate of occupancy for any project subject to this section shall be issued until all money owing to the city has been received. All costs billed under this section shall be based on the actual cost to the city of staff time, overhead, material costs, and actual billings from consultants, experts, and attorneys. (Prior Code, § 1155.200) Secs. 10-985—10-1011. Reserved. DIVISION 8. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Sec. 10-1012. Building permits. Building permits shall be required and shall be issued and enforced in accordance with chapter 3. (Prior Code, § 1161.100) Sec. 10-1013. Certificates of surveys as part of building permit applications. (a) A certified lot survey with all improvements shown thereon, prepared by a registered land surveyor, is required as part of the building permit application for all new construction unless exempted by the provisions listed in this section. (b) In the case of a replacement deck only, the property owner may, in lieu of the certificate of survey, provide clear field identification of the lot pins, and scale drawing of the lot accurately portraying all current construction on the property and showing all dimen- sions from the structures to the side, rear and front lot lines, provided that: (1) The replacement deck must be the exact width, depth and height of the existing structure. (2) The location and size of the existing deck must be verified by city staff. (3) The site plan must be accurate and specific to the satisfaction of city staff. (4) The new deck must comply with all current building code requirements. § 10-984 PRIOR LAKE CODE CD10:310 (5) The city may request a new certificate of survey be provided, if, in the city's discretion, it is considered desirable under the following circumstances: a. The existing survey shows proposed structures rather than existing structures. b. The existing survey does not show all the structures on the property. c. The topography or other physical characteristics of the site are such that the city cannot reasonably verify the location of the existing or proposed structures, even though the property pins have been located. d. The existing survey does not identify the existing easements on the site. e. A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, or ordinary high-water level. f. The city has reason to believe the conditions on the property may have changed since the date of the original survey. g. The city believes the proposed project may create aesthetic issues which require additional information. h. The city believes the proposed may impact adjacent property values in such a manner that additional information is required. (6) Any subsequent addition to the replacement deck in width, depth, steps, roof or amenities may require that a certificate of survey be completed and submitted with that permit, unless exempted by the provisions listed in this division. (c) A new certificate of survey will not be required for additions to existing structures or new accessory structures on lots outside of the shoreland or floodplain district, subject to the following provisions: (1) The existing survey must be signed by a registered land surveyor and must depict the actual location of the existing structures on the lot. (2) The city will require that property pins be located on the site so staff can verify the structure setbacks. (3) The addition or new structures must be drawn on the survey to scale. (4) The proposed addition or structure does not exceed 480 square feet. (5) The city may request a new certificate of survey be provided if, in the city's discretion, it is considered desirable under the following circumstances: a. The existing survey shows proposed structures rather than existing structures. b. The existing survey does not show all the structures on the property. c. The topography or other physical characteristics of the site are such that the city cannot reasonably verify the location of the existing or proposed structures, even though the property pins have been located. d. The existing survey does not identify the existing easements on the site. § 10-1013ZONING CD10:311 e. A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, or ordinary high-water level. f. The city has reason to believe the conditions on the property may have changed since the date of the original survey. g. The city believes the proposed project may create aesthetic issues which require additional information. h. The city believes the proposed project may impact adjacent property values in such a manner that additional information is required. (d) A new certificate of survey will not be required for new decks within the shoreland or floodplain districts, subject to the following provisions: (1) The existing survey must be signed by a registered land surveyor and must depict the actual location of the existing structures on the lot. (2) The city will require that property pins be located on the site so staff can verify the structure setbacks. (3) The addition or new structures must be drawn on the survey to scale. (4) The city may request a new certificate of survey be provided if, in the city's discretion, it is considered desirable under those circumstances set out in subsection (c) of this section. (e) The city may waive the survey requirements for decks set forth above when, in the judgment of the community development director and building official, the property owner provides reasonably reliable evidence of what the property owner believes are the property boundaries and meets the conditions and requirements below: (1) The deck must be drawn on a site plan to scale. The site plan must identify dimensions of both existing and new structures, and the distance from any lot lines. (2) The property owner shall pay a fee for the staff review according to the adopted fee schedule. (Prior Code, § 1161.200) Sec. 10-1014. Certificate of occupancy. (a) Required for use or occupation. No person shall use or occupy any land or building within the city without first obtaining a certificate of occupancy. (b) Uses requiring certificates of occupancy. A certificate of occupancy is required to be obtained from the city for any of the following: (1) The establishment of a new land use. (2) A change or expansion of any existing land use. (3) Any change in a nonconformity. § 10-1013 PRIOR LAKE CODE CD10:312 (4) The construction, alteration, or expansion of a building. (5) Any change of ownership or occupancy as determined by the building code of an existing commercial or industrial building. (c) Responsibility. Both the property owner and the lessee shall be responsible for securing the certificate of occupancy required by this section. (d) Application and information required. An application for a certificate of occupancy shall be on a form provided by the city and shall be accompanied by the appropriate attachments, including, but not limited to, the following: (1) A current survey of the property, unless exempted under this division, or a site plan drawn to a scale not to exceed one inch to 50 feet showing the proposed size and location of the structures, bufferyards, parking areas, drainage, lighting, loading berths, and landscaping existing on the site or to be installed on the site. (2) A statement of the proposed use of the structures and the land uses on all adjacent properties. (3) Any other information the zoning administrator may require to determine compli- ance with the provisions of this chapter. (e) Issuance of a certificate of occupancy. A certificate of occupancy shall be issued by the zoning administrator upon satisfactory completion of an application submitted on a form provided by the city if the zoning administrator determines that the use complies with all applicable sections of this chapter and approval of the building construction has been given by the building official. The city shall not issue the certificate of occupancy if the information provided by the applicant is insufficient to determine compliance with this chapter. (f) Revocation of a certificate of occupancy. A false statement of any fact material to the decision whether to issue a certificate of occupancy made or contained in an application for a certificate of occupancy shall automatically void the certificate. When the city determines a false statement has been made, the zoning administrator shall notify the holder of the certificate in writing that it is void. Any person who occupies or uses the land or building ten days after notice has been mailed that the certificate previously issued is void shall be guilty of a violation of this chapter unless that person applies for and secures a new certificate based upon a true statement of fact. (Prior Code, § 1161.300) § 10-1014ZONING CD10:313 Appendix A FRANCHISES* [Article I.] Gas Franchise Sec. 312.100. Definitions. Sec. 312.200. Adoption of franchise. Sec. 312.300. Right-of-way management. Sec. 312.400. Change in form of government. Sec. 312.500. Facilities relocation. Sec. 312.600. Franchise fee. Sec. 312.700. Tree trimming. Sec. 312.800. Indemnification. Sec. 312.900. Vacation of public ways. Sec. 312.1000. Abandoned facilities. Sec. 312.1100. Provisions of ordinance. Sec. 312.1200. Amendment procedure. [Article II.] Electric Franchise Sec. 313.100. Definitions. Sec. 313.200. Adoption of franchise. Sec. 313.300. Right-of-way management. Sec. 313.400. Change in form of government. Sec. 313.500. Facilities relocation. Sec. 313.600. Franchise fee. Sec. 313.700. Tree trimming. Sec. 313.800. Indemnification. Sec. 313.900. Vacation of public ways. Sec. 313.1000. Abandoned facilities. Sec. 313.1100. Provisions of ordinance. Sec. 313.1200. Amendment procedure. [Article III.] Franchise Fees Sec. 314.100. Purpose. Sec. 314.200. Franchise fee statement. Sec. 314.300. Payment and fee design. Sec. 314.400. Surcharge. *Editor’s note—Printed in this appendix is the gas franchise, which is derived from section 312 of the Prior Code; the electric franchise, which is derived from section 313 of the Prior Code; and franchise fees, which are derived from section 314 of the Prior Code. Amendments, if any, are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity, if any, are indicated by brackets. For stylistic purposes, headings and catchlines have been made uniform, but capitalization, citations to state statutes and rules, and expression of numbers remain as they appear in the original. CDA:1 Sec. 314.500. Electric fee schedule. Sec. 314.600. Gas fee schedule. Sec. 314.700. Record support for payment. Sec. 314.800. Enforcement. Sec. 314.900. Effective date of franchise fee. PRIOR LAKE CODE CDA:2 [ARTICLE I.] GAS FRANCHISE Sec. 312.100. Definitions. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Prior Lake, County of Scott, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. In the case of utilities subject to the regulation by the Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Municipally owned utilities and cooperatives shall be subject to applicable regulations. Company. A partnership or corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Notice. A writing served by any party or parties on any other party or parties. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. Public Utility. Any company organized for the purpose of providing gas utility service including municipally owned utilities and gas cooperatives. Public Way. Any street, alley or other public right-of-way within the City including all public utility easements. Sec. 312.200. Adoption of franchise. 312.201 Grant of Franchise. City grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. § 312.200APPENDIX A—FRANCHISES CDA:3 312.202 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise. 312.203 Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City may be subject to the jurisdiction of the Commission. The area within the City in which Company may provide gas service is subject to the provisions of Minnesota Statutes, Sections 216B.37—216B.40. 312.204 Nonexclusive Franchise. This is not an exclusive franchise. 312.205 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default, the desired remedy, and the time within which the default or obligation must be remedied. The notification shall be in writing. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 312.206 Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section [312].201. Sec. 312.300. Right-of-way management. 312.301 Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt the normal operation of any City Utility System previously installed therein. Gas Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to permits if required by a separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. § 312.200 PRIOR LAKE CODE CDA:4 312.302 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D and Minnesota Rules parts 7819.4000 and 7819.4100. 312.303 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without permission from the City if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 312.304 Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3 [312.304]. The City waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 312.305 Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 312.306 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Ground upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one § 312.300APPENDIX A—FRANCHISES CDA:5 Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 312.307 Mapping Information. The Company must promptly provide mapping informa- tion for any of its underground Gas Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. Sec. 312.400. Change in form of government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. Sec. 312.500. Facilities relocation. 312.501 Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 312.502 Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 312.503 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary solely because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. § 312.300 PRIOR LAKE CODE CDA:6 312.504 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. This provision is unrelated to the collection of any franchise fee imposed by the City. Sec. 312.600. Franchise fee. 312.601 Form. During the term of the franchise granted, and in lieu of any other permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The Company shall collect the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's gas tariffs on file with the Commission. "Fee Schedule" refers to the schedule below setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by Company to its gas tariffs after the effective date of this franchise agreement. 312.602 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council and served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance had been served upon Company by certified mail. 312.603 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee. 312.604 Collection of Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements to the Company and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by the franchise fee ordinance. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company, if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service, § 312.600APPENDIX A—FRANCHISES CDA:7 Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to accounts for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 312.605 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this section, the forgoing conditions will be waived to the extent of such written consent. 312.606 Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect for a period not to exceed one year. Sec. 312.700. Tree trimming. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Gas Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. Sec. 312.800. Indemnification. 312.801 Indemnity of City. Company shall indemnify and hold the City harmless from all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or § 312.600 PRIOR LAKE CODE CDA:8 damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 312.802 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreason- ably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Sec. 312.900. Vacation of public ways. The City shall give Company at least two weeks' prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. Sec. 312.1000. Abandoned facilities. Company may abandon underground gas Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. Sec. 312.1100. Provisions of ordinance. 312.1101 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. § 312.1100APPENDIX A—FRANCHISES CDA:9 312.1102 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Sec. 312.1200. Amendment procedure. Either party to this franchise agreement may at any time propose that the agreement be amended. If an amendment is agreed upon by the parties, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager within 90 days after the effective date of the amendatory ordinance. [ARTICLE II.] ELECTRIC FRANCHISE Sec. 313.100. Definitions. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Prior Lake, County of Scott, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. In the case of utilities subject to the regulation by the Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Municipally owned utilities and cooperatives shall be subject to applicable regulations. Company. A corporation or partnership its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public or private use. Notice. A writing served by any party or parties on any other party or parties. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. § 312.1100 PRIOR LAKE CODE CDA:10 Public Utility. Any company organized for the purpose of providing electric utility service including municipally owned utilities and electric cooperatives. Public Way. Any street, alley or other public right-of-way within the City including all public utility easements. Sec. 313.200. Adoption of franchise. 313.201 Grant of Franchise. City grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat and power for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 313.202 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after publication, the City Council by resolution may revoke this franchise. 313.203 Service, Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City may be subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Sections 216B.37—216B.40. 313.204 Nonexclusive Franchise. This is not an exclusive franchise. 313.205 Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default, the desired remedy, and the time within which the default or obligation must be remedied. The notification shall be in writing. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 313.206 Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company § 313.200APPENDIX A—FRANCHISES CDA:11 serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 313.201. Sec. 313.300. Right-of-way management. 313.301 Location of Facilities. Electric Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt the normal operation of any City Utility System previously installed therein. Electric Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to permits if required by a separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. 313.302 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D and Minnesota Rules parts 7819.4000 and 7819.4100. 313.303 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without permission from the City if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 313.304 Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3 [313.304]. The City waives any requirement for Company to post a construction performance bond, certificate of insurance, § 313.200 PRIOR LAKE CODE CDA:12 letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 313.305 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 313.306 Avoid Damage to Electric Facilities. The Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable notice by the City of such work prior to its commencement. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 313.307 Notice of Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Ground upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities the Company deems necessary. 313.308 Mapping Information. The Company must promptly provide mapping informa- tion for any of its underground Electric Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. Sec. 313.400. Change in form of government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. Sec. 313.500. Facilities relocation. 313.501 Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make § 313.500APPENDIX A—FRANCHISES CDA:13 the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 313.502 Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 313.503 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary solely because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 313.504 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. This provision is unrelated to the collection of any franchise fee imposed by the City. Sec. 313.600. Franchise fee. 313.601 Form. During the term of the franchise granted, and in lieu of any other permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The Company shall collect the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. "Fee Schedule" refers to the schedule below setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by Company to its electric tariffs after the effective date of this franchise agreement. § 313.500 PRIOR LAKE CODE CDA:14 313.602 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council and served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance had been served upon Company by certified mail. 313.603 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee. 313.604 Collection of Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements to the Company and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by the franchise fee ordinance. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company, if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service, Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to accounts for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 313.605 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section, the forgoing conditions will be waived to the extent of such written consent. § 313.600APPENDIX A—FRANCHISES CDA:15 313.606 Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect for a period not to exceed one year. Sec. 313.700. Tree trimming. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. Sec. 313.800. Indemnification. 313.801 Indemnity of City. Company shall indemnify and hold the City harmless from all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 313.802 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreason- ably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Sec. 313.900. Vacation of public ways. The City shall give Company at least two weeks' prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense § 313.600 PRIOR LAKE CODE CDA:16 resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. Sec. 313.1000. Abandoned facilities. Company may abandon underground electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. Sec. 313.1100. Provisions of ordinance. 313.1101 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 313.1102 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. Sec. 313.1200. Amendment procedure. Either party to this franchise agreement may at any time propose that the agreement be amended. If an amendment is agreed upon by the parties, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager within 90 days after the effective date of the amendatory ordinance. [ARTICLE III.] FRANCHISE FEES Sec. 314.100. Purpose. The Prior Lake City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Prior Lake. (a) Pursuant to City Ordinance Sections 312 and 313 [Articles I and II herein], and the City's Standard Franchise Agreements for Gas Franchise and for Electric Franchise, § 314.100APPENDIX A—FRANCHISES CDA:17 the City has the right to impose a franchise fee in an amount and fee design as authorized therein and in the fee schedule incorporated in [Sections] 314.500 and 314.600 herein. Sec. 314.200. Franchise fee statement. A franchise fee is imposed under Sections 312 and 313 [Articles I and II herein] in accordance with the schedule incorporated under Sections 314.500 and 314.600 herein. Sec. 314.300. Payment and fee design. Franchise fees shall be paid to the City quarterly, based upon a calendar year, with payment due by the 30th day of the month after the end of each quarter. The franchise fees shall be payable to the City in accordance with the terms set forth in Section 313 of the Franchise Ordinance [Article II herein]. This fee is a monthly account-based fee on each premises and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premises, but only one account, only one fee shall be assessed to that account. If a premises has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premises, each premises (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premises, the Company's manner of billing for energy used at all similar premises in the City will control. Sec. 314.400. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that the Gas and/or Electric Utilities Company will surcharge its customers in the City the amount of the fee. Sec. 314.500. Electric fee schedule. Class Monthly Account Fee Residential $1.50 Sm C & I — Non-Demand $5.00 Sm C & I — Demand $10.00 Large C & I $50.00 Franchise fees are to be collected by the utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: § 314.100 PRIOR LAKE CODE CDA:18 January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. Sec. 314.600. Gas fee schedule. Class Monthly Account Fee Residential $1.50 Comm-A $1.50 Comm/Ind-B $5.00 Comm/Ind-C $5.00 SVDF-A $10.00 SVDF-B $10.00 LVDF $50.00 Franchise fees are to be collected by the utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. Sec. 314.700. Record support for payment. The Gas and/or Electric Utilities Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Sec. 314.800. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 3.5 [of] the Standard Franchise Agreement. Sec. 314.900. Effective date of franchise fee. The effective date of this ordinance shall be after its publication and 60 days after the sending of written notice enclosing a copy of this adopted Ordinance to the Gas and/or Electric Utility Company by certified mail. Collection of the fee shall commence with the bills for the month of July 2006. § 314.900APPENDIX A—FRANCHISES CDA:19 CODE COMPARATIVE TABLE PRIOR CODE The following table gives the location within the Code of sections of the city's prior code, as supplemented through August 13, 2022: Prior Code Section Code Section 101.100 1-1 101.200 1-2 101.300 1-4 101.400 1-6 101.500 1-7 101.600 1-8 102.100 1-9 102.300 1-10 —1-11 102.400 1-12 103.100 1-13 103.200 1-14 104.100 1-15 104.200 1-15 104.300 2-1 104.400 2-2 104.500 2-3 105.100 2-25 105.201 2-26 105.300 2-27 105.304 2-28 106.100 2-60 106.200 2-61 107.100 2-81 107.200 2-82 107.300 2-83 107.400 2-84 107.500 2-85 107.600 2-86 108.100 2-116 108.200 2-117 108.300 2-118 108.400 2-119 108.500 2-120 109.100(1) 2-139 109.100(2) 2-176 109.200(1) 2-140 109.200(2) 2-177 109.300(1) 2-141 109.300(2) 2-178 109.400(1) 2-142 109.400(2) 2-179 109.500 2-143 Prior Code Section Code Section 109.600 2-144 109.700 2-145 109.800 2-146 111.100 2-230 111.200 2-231 111.300 2-232 111.400 2-233 111.500 2-234 111.600 2-235 111.700 2-236 112.100 2-266 112.200 2-267 112.300 2-268 112.400 2-269 112.500 2-270 113.100 2-289 113.200 2-290 113.300 2-291 113.400 2-292 113.500 2-293 113.600 2-294 113.700 2-295 113.800 2-296 113.900 2-297 301.100 4-19 301.200 4-20 301.300 4-21 301.400 4-22 301.500 4-23 301.600 4-24 301.700 4-25 301.800 4-26 301.900 4-27 301.1000 4-28 301.1100 4-29 301.1200 4-30 301.1300 4-31 301.1400 4-32 301.1500 4-33 301.1600 4-34 301.1700 4-35 301.1800 4-36 301.1900 4-37 CCT:1 Prior Code Section Code Section 301.2000 4-38 301.2100 4-39 302.100 4-67 302.200 4-68 302.300 4-69 302.400 4-70 302.500 4-71 302.600 4-72 302.700 4-73 302.800 4-74 302.900 4-75 302.1000 4-76 302.1100 4-77 302.1300 4-78 303.100 4-100 303.200 4-101 303.300 4-102 303.400 4-103 303.500 4-104 303.600 4-105 303.700 4-106 303.800 4-107 303.900 4-108 303.1000 4-109 303.1100 4-110 303.1200 4-111 303.1300 4-112 303.1400 4-113 303.1500 4-114 303.1600 4-115 305.100 4-178 305.300 4-179 305.400 4-180 305.500 4-181 305.600 4-182 305.700 4-183 305.800 4-184 306.100 4-207 306.200 4-208 307.100 4-240 307.200 4-241 307.300 4-242 307.400 4-243 307.500 4-244 307.600 4-245 307.700 4-246 307.800 4-247 307.900 4-248 307.1000 4-249 307.1100 4-250 308.200 4-279 Prior Code Section Code Section 308.300 4-280 308.400 4-281 308.500 4-282 308.600 4-283 308.700 4-284 308.800 4-285 308.900 4-286 308.1000 4-287 308.1100 4-288 308.1200 4-289 310.100 4-312 310.200 4-313 310.300 4-314 310.400 4-315 310.500 4-316 310.600 4-317 310.700 4-318 310.800 4-319 310.900 4-320 311.100 4-344 311.200 4-345 311.300 4-346 311.400 4-347 311.500 4-348 311.600 4-349 311.700 4-350 311.800 4-351 311.900 4-352 311.1000 4-353 312.100 App. A, § 312.100 312.200 App. A, § 312.200 312.300 App. A, § 312.300 312.400 App. A, § 312.400 312.500 App. A, § 312.500 312.600 App. A, § 312.600 312.700 App. A, § 312.700 312.800 App. A, § 312.800 312.900 App. A, § 312.900 312.1000 App. A, § 312.1000 312.1100 App. A, § 312.1100 312.1200 App. A, § 312.1200 313.100 App. A, § 313.100 313.200 App. A, § 313.200 313.300 App. A, § 313.300 313.400 App. A, § 313.400 313.500 App. A, § 313.500 313.600 App. A, § 313.600 313.700 App. A, § 313.700 313.800 App. A, § 313.800 313.900 App. A, § 313.900 313.1000 App. A, § 313.1000 PRIOR LAKE CODE CCT:2 Prior Code Section Code Section 313.1100 App. A, § 313.1100 313.1200 App. A, § 313.1200 314.100 App. A, § 314.100 314.200 App. A, § 314.200 314.300 App. A, § 314.300 314.400 App. A, § 314.400 314.500 App. A, § 314.500 314.600 App. A, § 314.600 314.700 App. A, § 314.700 314.800 App. A, § 314.800 314.900 App. A, § 314.900 315.100 4-380 315.200 4-381 315.300 4-382 315.400 4-383 315.500 4-384 315.600 4-385 315.700 4-386 315.800 4-387 315.900 4-388 315.1000 4-388 315.1100 4-388 316.100 4-420 316.200 4-421 316.300 4-422 316.400 4-423 316.500 4-424 316.600 4-425 316.700 4-426 316.800 4-427 316.900 4-428 316.1000 4-429 316.1100 4-430 316.1200 4-431 317.100 4-461 317.200 4-462 317.300 4-463 317.400 4-464 317.500 4-465 317.600 4-466 317.700 4-467 317.800 4-468 317.900 4-469 317.1000 4-470 317.1100 4-471 317.1200 4-472 317.1300 4-473 317.1400 4-474 317.1500 4-475 317.1600 4-476 401.100 3-1 Prior Code Section Code Section 401.200 3-2 401.300 3-24 401.400 3-25 401.500 3-26 401.600 3-24 —3-27 402.100 3-58 402.200 3-59 402.300 3-60 402.600 3-61 402.700 3-62 402.800 3-63 402.900 3-64 402.1000 3-65 403.100 3-89 403.200 3-90 403.300 3-91 403.400 3-92 403.500 3-93 403.600 3-94 403.800 3-95 601.100 5-19 601.200 5-20 601.300 5-21 601.400 5-22 601.500 5-23 601.600 5-24 601.700 5-25 601.800 5-26 601.900 5-27 601.1000 5-28 602.100 5-60 602.200 5-61 602.300 5-62 602.400 5-63 602.500 5-64 602.600 5-65 602.700 5-66 602.1000 5-67 605.100 5-93 605.200 5-94 605.300 5-95 605.400 5-96 605.500 5-97 605.600 5-98 605.700 5-99 605.800 5-100 605.900 5-101 605.1000 5-102 606.100 5-133 606.200 5-134 CODE COMPARATIVE TABLE CCT:3 Prior Code Section Code Section 606.300 5-135 606.400 5-136 606.500 5-137 606.600 5-138 606.700 5-139 606.800 5-140 606.900 5-141 606.1000 5-142 608.100 5-168 608.200 5-169 608.300 5-170 608.400 5-171 608.500 5-172 609.100 5-198 609.200 5-199 609.300 5-200 609.400 5-201 609.500 5-202 609.600 5-203 609.700 5-204 609.800 5-205 610.100 5-234 610.200 5-235 610.300 5-236 610.400 5-237 610.500 5-238 610.600 5-239 701.100 8-19 701.300 8-20 701.400 8-21 701.500 8-22 701.600 8-23 701.800 8-24 702.00 8-65 702.100 8-52 702.200 8-53 702.300 8-54 702.400 8-55 702.500 8-56 702.600 8-57 —8-58 —8-59 702.700 8-61 702.800 8-62 702.900 8-64 702.1100 8-66 702.1200 8-67 703.200 8-91 703.300 8-92 703.400 8-93 703.500 8-94 Prior Code Section Code Section 703.600 8-95 703.700 8-96 703.800 8-97 703.900 8-98 703.1000 8-99 704.100 8-127 704.200 8-128 704.300 8-129 704.400 8-130 704.500 8-131 704.600 8-132 704.700 8-133 704.800 8-134 704.900 8-135 704.1000 8-136 705.100 8-156 705.200 8-157 705.300 8-158 705.400 8-159 705.500 8-160 705.600 8-161 705.700 8-162 705.800 8-163 705.900 8-164 705.1000 8-165 705.1100 8-166 705.1200 8-167 705.1300 8-168 705.1400 8-169 706.100 8-191 706.200 8-192 706.300 8-193 706.400 8-194 706.600 8-195 — 8-196 706.700 8-197 706.800 8-198 706.900 8-199 707.100 8-222 707.200 8-223 707.300 8-224 707.400 8-225 707.500 8-226 707.600 8-227 707.700 8-228 707.800 8-229 707.900 8-230 801.100 7-19 801.200 7-20 801.300 7-21 801.400 7-22 PRIOR LAKE CODE CCT:4 Prior Code Section Code Section 801.500 7-23 801.600 7-24 801.700 7-25 801.800 7-26 801.900 7-27 801.1000 7-28 801.1100 7-29 801.1200 7-30 801.1300 7-31 803.100 7-51 803.200 7-52 803.300 7-53 803.400 7-54 803.500 7-55 803.600 7-56 803.700 7-57 803.800 7-58 803.900 7-59 803.1000 7-60 803.1100 7-61 803.2000 7-62 803.3000 7-63 804.100 7-85 804.200 7-86 804.300 7-87 804.400 7-88 804.600 7-89 805.100 7-107 805.200 7-108 805.300 7-109 805.400 7-110 806.100 7-134 806.200 7-134 806.300 7-135 806.400 7-136 901.100 6-1 901.200 6-25 901.400 6-2 901.500 6-3 902.100 6-56 902.200 6-57 902.300 6-58 902.400 6-58 —6-59 902.500 6-60 902.600 6-61 902.700 6-62 902.800 6-63 902.900 6-64 902.1000 6-65 902.1100 6-66 Prior Code Section Code Section 902.1200 6-67 902.1300 6-68 903.100 6-95 903.200 6-96 903.300 6-97 903.400 6-99 903.500 6-100 903.600 6-101 904.100 6-131 904.200 6-132 904.300 6-133 904.400 6-134 904.500 6-135 — 6-136 904.700 6-137 1001.200 9-1 1001.300 9-2 1001.400 9-3 1001.500 9-4 1001.600 9-5 1001.700 9-6 1002.100 9-31 1002.200 9-32 1002.300 9-33 1002.400 9-34 1002.500 9-35 1002.600 9-36 1002.700 9-37 1002.800 9-38 1003.100 9-65 1003.200 9-66 1003.300 9-67 1003.400 9-68 1003.500 9-69 1004.100 9-97 1004.200 9-98 1004.300 9-99 1004.400 9-100 1004.500 9-101 1004.600 9-102 1004.700 9-103 1004.800 9-104 1004.900 9-105 1004.1000 9-106 1004.1100 9-107 1004.1200 9-108 1005.100 9-130 1005.200 9-131 1005.300 9-132 1005.400 9-133 1005.500 9-134 CODE COMPARATIVE TABLE CCT:5 Prior Code Section Code Section 1005.600 9-135 1005.700 9-136 1005.800 9-137 1005.900 9-138 1005.1000 9-139 1005.1100 9-140 1005.1200 9-141 1006.100 9-166 1006.200 9-167 1006.300 9-168 1006.400 9-169 1006.500 9-170 1110.100 10-19 1110.200 10-20 1110.300 10-21 1110.400 10-22 1110.500 10-23 1111.100 10-50 1112.100 10-74 1112.200 10-75 1112.300 10-76 1112.400 10-77 1112.500 10-78 1113.100 10-100 1113.200 10-101 1113.300 10-102 1113.400 10-103 1113.500 10-104 1113.600 10-105 1113.700 10-106 1113.800 10-107 1113.900 10-108 1113.1000 10-109 1120.100 10-161 1120.200 10-162 1120.300 10-163 1120.400 10-164 1120.500 10-165 1121 10-185 1122.100 10-186 1122.200 10-187 1122.300 10-213 — 10-214 — 10-215 — 10-216 — 10-217 — 10-218 — 10-219 — 10-220 — 10-221 — 10-222 Prior Code Section Code Section — 10-223 — 10-224 — 10-225 — 10-226 — 10-227 — 10-228 — 10-229 — 10-230 — 10-231 — 10-232 — 10-233 — 10-234 — 10-235 — 10-236 — 10-237 — 10-238 — 10-239 — 10-240 — 10-241 — 10-242 — 10-243 — 10-244 — 10-245 — 10-246 — 10-247 — 10-248 — 10-249 — 10-250 — 10-251 — 10-252 — 10-253 — 10-254 — 10-255 — 10-256 — 10-257 — 10-258 — 10-259 — 10-260 — 10-261 — 10-262 — 10-263 — 10-264 — 10-265 — 10-266 — 10-267 — 10-268 — 10-269 — 10-270 — 10-271 — 10-272 — 10-273 PRIOR LAKE CODE CCT:6 Prior Code Section Code Section — 10-274 — 10-275 — 10-276 — 10-277 — 10-278 — 10-279 — 10-280 — 10-281 — 10-282 — 10-283 — 10-284 — 10-285 — 10-286 — 10-287 — 10-288 — 10-289 — 10-290 — 10-291 — 10-292 — 10-293 — 10-294 — 10-295 — 10-296 — 10-297 — 10-298 — 10-299 — 10-300 — 10-301 — 10-302 — 10-303 — 10-304 — 10-305 — 10-306 — 10-307 — 10-308 — 10-309 — 10-310 — 10-311 — 10-312 — 10-313 — 10-314 — 10-315 — 10-316 — 10-317 — 10-318 — 10-319 — 10-320 1123.100 10-344 1123.200 10-345 1123.300 10-346 1123.400 10-347 Prior Code Section Code Section 1123.500 10-348 1123.600 10-349 1124.100 4-144 1124.200 4-145 1124.300 4-146 1124.400 4-147 1125.100 10-370 1125.200 10-371 1125.300 10-372 1125.400 10-373 1125.500 10-374 1125.600 10-375 1125.700 10-376 1125.800 10-377 1125.900 10-378 1125.1000 10-379 1125.1100 10-380 1125.1200 10-381 1125.1300 10-382 1125.1400 10-383 1130.100 10-432 1130.200 10-433 1130.300 10-434 1130.500 10-435 — 10-436 1130.600 10-437 1130.700 10-438 1130.900 10-439 1131.100 10-462 1131.200 10-463 1131.300 10-464 1131.400 10-464 1131.500 10-465 1131.600 10-466 1131.700 10-467 1131.800 10-468 1131.900 10-469 1131.1000 10-470 1131.1100 10-471 1131.1200 10-472 1131.1300 10-473 1131.1400 10-474 1132.100 10-502 1132.200 10-504 1132.300 10-505 1132.400 10-503 1132.500 10-506 1132.600 10-507 1132.700 10-508 1132.800 10-509 1132.900 10-510 CODE COMPARATIVE TABLE CCT:7 Prior Code Section Code Section 1132.1000 10-511 1132.1100 10-512 1132.1200 10-513 1132.1300 10-514 1132.1400 10-515 1132.1500 10-516 1132.1600 10-517 1140.100 10-563 1140.200 10-564 1140.300 10-565 1140.400 10-566 1140.500 10-567 1140.600 10-568 1141.100 10-600 1141.200 10-601 1141.300 10-602 1141.400 10-603 1141.500 10-604 1141.600 10-605 1141.700 10-606 1141.800 10-607 1141.900 10-608 1142.100 10-635 1142.200 10-636 1142.300 10-637 1142.400 10-638 1142.500 10-639 1142.700 10-640 — 10-641 1142.800 10-642 1142.900 10-643 1143.100 10-675 1143.200 10-676 1143.300 10-677 1143.400 10-678 1143.500 10-679 1145.100 10-724 1145.200 10-725 1145.300 10-726 1145.400 10-727 1145.500 10-728 1145.600 10-729 1145.700 10-730 1146.100 10-759 1146.200 10-760 1146.400 10-761 1146.500 10-762 1146.600 10-763 1146.700 10-764 1146.800 10-765 1146.900 10-766 Prior Code Section Code Section 1147.100 10-786 1147.200 10-787 1147.300 10-788 1147.400 10-789 1147.500 10-790 1147.600 10-791 1147.700 10-792 1147.800 10-793 1147.900 10-794 1147.1000 10-795 1147.1100 10-796 1147.1200 10-797 1147.1300 10-798 1147.1400 10-799 1147.1500 10-800 1147.1600 10-801 1147.1700 10-802 1150.100 10-848 1151.100 10-875 1151.200 10-876 1151.300 10-877 1151.400 10-878 1152.100 10-905 1152.200 10-906 1153.100 10-931 1153.200 10-932 1153.300 10-933 1153.400 10-934 1154.100 10-957 1154.200 10-958 1154.300 10-959 1154.400 10-960 1154.500 10-961 1154.600 10-962 1155.100 10-983 1155.200 10-984 1160.100 6-98 1161.100 3-23 — 10-1012 1161.200 10-1013 1161.300 10-1014 PRIOR LAKE CODE CCT:8 CODE COMPARATIVE TABLE LEGISLATION The following table gives the location of ordinances and other legislation within the Code: Legislation Date Section Code Section Ord. No. 99-09 8-7-1999 — 8-55 — 8-57—8-59 — 8-64 — 8-67 Ord. No. 001-09 9-8-2001 — 8-24 Ord. No. 01-14 12-15-2001 — 6-3 Ord. No. 02-05 4-13-2002 — 8-23 Ord. No. 002-13 7-20-2002 — 4-250 Ord. No. 03-07 6-28-2003 — 3-1 — 3-24 Ord. No. 03-09 6-28-2003 — 9-106 Ord. No. 105-09 4-23-2005 — 8-53—8-55 — 8-57—8-59 — 8-64, 8-65 — 8-67 Ord. No. 105-21 9-17-2005 — 4-19 — 4-21 Ord. No. 105-22 9-17-2005 — 8-57—8-59 — 8-64 Ord. No. 04-29 10-23-2005 — 4-21 Ord. No. 105-16 6-25-2006 — 4-353 Ord. No. 107-03 1-16-2007 — 3-94 Ord. No. 107-04 1-27-2007 — 4-23 Ord. No. 107-08 4-21-2007 — 8-55—8-59 Ord. No. 107-09 4-25-2007 — 6-25 Ord. No. 107-13 7-21-2007 — 5-21 Ord. No. 107.14 7-28-2007 — 5-172 Ord. No. 107-15 8-11-2007 — 3-1 Ord. No. 109-04 5-9-2009 — 8-99 Ord. No. 109-12 9-19-2009 — 5-205 Ord. No. 109-13 10-31-2009 — 6-58 — 6-68 Ord. No. 109-14 12-12-2009 — 8-24 Ord. No. 110-07 12-11-2010 — 6-25 Ord. No. 111-01 1-1-2011 — 4-107 — 4-180 — 5-21 Ord. No. 4-18-2011 4-23-2011 — 5-239 Ord. No. 111-04 5-7-2011 — 3-25 — 5-94 Ord. No. 111-05 6-11-2011 — 4-23 Ord. No. 111-06 6-25-2011 — 5-101 Ord. No. 112-01 1-14-2012 — 3-1 Ord. No. 112-03 6-9-2012 — 5-102 CCT:9 Legislation Date Section Code Section Ord. No. 113-02 1-12-2013 — 1-15 Ord. No. 113-10 8-17-2013 — 5-67 Ord. No. 114-09 4-26-2014 — 4-35 Ord. No. 114-16 12-20-2014 — 5-19, 5-20 — 5-23 Ord. No. 114-17 12-20-2014 — 5-94 — 5-96 Ord. No. 114-18 12-20-2014 — 5-142 Ord. No. 115-10 4-4-2015 — 4-208 Ord. No. 115-17 6-13-2015 — 8-136 — 8-156—8-169 Ord. No. 115-21 8-22-2015 — 4-39 Ord. No. 116-03 3-19-2016 — 4-431 Ord. No. 116-04 3-19-2016 — 4-78 Ord. No. 116-12 6-4-2016 — 4-39 Ord. No. 116-17 9-17-2016 — 5-204 Ord. No. 116-18 9-17-2016 — 5-19 — 5-23—5-25 — 5-28 Ord. No. 116-19 9-17-2016 — 4-382 — 4-384 Ord. No. 116-24 12-17-2016 — 4-250 Ord. No. 116-25 12-17-2016 — 4-424, 4-425 — 4-427 Ord. No. 116-26 12-17-2016 — 5-102 Ord. No. 117-04 4-1-2017 — 4-423 Ord. No. 117-05 4-1-2017 — 8-24 — 8-230 Ord. No. 117-14 7-29-2017 — 8-230 Ord. No. 117-20 12-9-2017 — 8-130 — 8-132 Ord. No. 118-17 3-3-2018 — 4-21 Ord. No. 118-08 6-9-2018 — 8-67 Ord. No. 118-13 8-11-2018 — 9-6 — 9-38 — 9-69 — 9-108 — 9-141 — 9-170 Ord. No. 118-16 9-15-2018 — 8-64 Ord. No. 118-17 11-17-2018 — 4-427 Ord. No. 118-18 12-15-2018 — 8-156—8-169 Ord. No. 118-19 12-15-2018 — 8-24 Ord. No. 118-21 12-15-2018 — 3-24 — 8-130 Ord. No. 119-03 3-9-2019 — 4-425 Ord. No. 119-05 5-11-2019 — 5-21 Ord. No. 119-06 6-8-2019 — 4-184 Ord. No. 119-09 11-9-2019 — 1-8 — 1-12 — 1-14 PRIOR LAKE CODE CCT:10 Legislation Date Section Code Section — 2-3 — 2-28 — 2-61 — 2-86 — 2-120 — 2-179 — 2-270 — 2-297 Ord. No. 119-10 11-9-2019 — 4-384 Ord. No. 119-13 11-23-2019 — 8-61 Ord. No. 120-01 5-9-2020 — 4-388 Ord. No. 121-01 2-6-2021 — 10-474 Ord. No. 121-03 4-5-2021 — 4-289 Ord. No. 121-04 5-1-2021 — 6-137 Ord. No. 122-01 4-2-2022 — 10-185 — 10-213—10-320 Ord. No. 122-02 5-14-2022 — 10-162 Ord. No. 122-03 5-28-2022 — 10-162 Ord. No. 122-06 8-13-2022 — 7-62 Ord. No. 122-07 8-13-2022 — 10-601 Ord. No. 122-09 8-13-2022 — 10-50 Ord. No. 122-10 8-13-2022 — 10-213—10-320 Ord. No. 123-01 1-6-2023 1 10-637 2 10-637 3(1144.100) 10-702 3(1144.200) 10-703 3(1144.300) 10-704 3(1144.400) 10-705 Ord. No. 123-03 6-5-2023 — 10-213—10-320 Ord. No. 123-04 7-17-2023 1 3-1, 3-2 — 3-23—3-27 Ord. No. 123-08 7-17-2023 1(317.100) 4-461 1(317.200) 4-462 1(317.300) 4-463 1(317.400) 4-464 1(317.500) 4-465 1(317.600) 4-466 1(317.700) 4-467 1(317.800) 4-468 1(317.900) 4-469 1(317.1000) 4-470 1(317.1100) 4-471 1(317.1200) 4-472 1(317.1300) 4-473 1(317.1400) 4-474 1(317.1500) 4-475 1(317.1600) 4-476 Ord. No. 123-09 7-17-2023 1(803.3000) 7-63 Ord. No. 124-01 1-9-2024 2 4-68 CODE COMPARATIVE TABLE CCT:11 STATE LAW REFERENCE TABLE The following table shows the location within the Code, either in the text or notes following the text, of references to Minnesota Statutes (Minn. Stats.). Minn. Stats. Section Code Section 10A.14 4-21 12.29 2-290 12.37 2-290 15.99 9-32—9-34 18G.07 5-65 18G.13 5-61 ch. 18H 10-726 — 10-728 35.67 7-20 35.68 7-20 35.69 7-20 65B.48 6-133 ch. 84 6-65 84.415 10-465 84.787 6-56 84.797 6-56 84.81—84.89 6-1 84.871 6-60 84.92 6-56 ch. 86B 8-58 86B.005 8-92 86B.201 8-91 86B.205 8-91 89.001 5-60 89.01 5-60 89.51—89.64 5-60 ch. 97A 7-22 — 7-87, 7-88 97A.015 7-88 ch. 97B 7-87 97B.021 7-52 97B.045 7-52 ch. 103F 10-433 — 10-438 — 10-462 103G.005 10-50 103G.005, subd. 14 10-467 103G.005, subd. 15 4-382 103G.241 10-436 103G.245 10-465 — 10-471 115.01 10-464 Minn. Stats. Section Code Section 116.07 5-102 116.07, subd. 2 5-102 116.07, subd. 4 5-102 144.411 et seq. 4-21 144A.01, subd. 9 10-271 144G.08, subd. 67 10-299 151.72 4-461, 4-462 — 4-468 — 4-470 —7-63 151.72, subd. 3(f) 4-470 151.72, subd. 4 4-468 151.72, subd. 5 4-468 151.72, subd. 5a 4-468 152.01—152.027 7-52 152.01, subd. 4 7-55 152.027, subd. 4 7-52 152.092 7-52 157.15 4-21 160.29 App. A, § 312.900 — App. A, § 313.900 161.46 App. A, § 312.500 — App. A, § 313.500 168.002 6-1 168.10 2-236 168B.011 7-60 168B.011, subd. 2 2-236 168B.035 6-25 168B.07, subd. 3 2-236 168B.08 2-236 168B.10 2-236 ch. 169 6-1 —6-65 —6-97 — 6-134, 6-135 —7-56 169.011 6-56 169.045 6-56 — 6-131 169.045, subd. 7 6-134 169.522 6-134 169.791 6-134 SLT:1 Minn. Stats. Section Code Section ch. 171 6-1 176.011 2-139 176.011, subd. 9(6) 2-179 190.05, subd. 5b 2-267 190.05, subd. 5c 2-267 ch. 201 2-61 203B.121 2-25 211B.045 10-789 216B.37—216B.40 App. A, § 312.200 — App. A, § 313.200 ch. 216D 8-228, 8-229 — App. A, § 312.300 — App. A, § 313.300 ch. 237 8-222 237.163, subd. 2(b) 8-222 ch. 260B 7-31 —7-61 ch. 299F 7-134 325E.21, subd. 1b 7-62 326.02—326.15 10-50 ch. 326B 3-1 —3-60 326B.082, subd. 16 3-26 326B.121 3-2 —3-24 326B.133, subd. 1 3-2 326B.35 8-228 326B.46 3-60 327B.01 10-50 ch. 340A 4-19 —4-23 340A.101, subd. 7 4-21 340A.22 4-20, 4-21 340A.24 4-21 340A.26 4-20, 4-21 340A.28 4-20, 4-21 340A.285 4-21 340A.301, subd. 6(c) 4-20 340A.301, subd. 6(i) 4-20 340A.301, subd. 6(j) 4-20 340A.401 7-52 340A.4011, subd. 1 4-21 340A.408, subd. 5 4-23 340A.409 4-21 —4-23 340A.409, subd. 4 4-23 340A.503 4-37 —7-52 340A.503, subd. 1(a)(1) 7-59 340A.503, subd. 6 4-37, 4-38 Minn. Stats. Section Code Section —7-57 340A.504, subd. 3(d) 4-21 340A.705 4-37 340A.801 4-23 340A.802 4-23 ch. 342 4-461 342.01 7-63 ch. 343 7-20 —7-23 344.02, subd. 1(a) 10-463 344.02, subd. 1(b) 10-463 344.02, subd. 1(c) 10-463 344.02, subd. 1(d) 10-463 346.155 7-21, 7-22 346.47 7-28 347.50—347.565 7-29 347.51, subd. 4 7-29 347.51, subd. 5 7-29 ch. 349 4-178, 4-179 — 4-184 349.16, subd. 2 4-180 349.213 4-184 ch. 354 8-195 363A.01 et seq. 8-54 364.03, subd. 3 4-72 412.221 5-102 —8-22 412.221, subd. 23 5-102 412.221, subd. 24 5-102 412.221, subd. 32 5-102 412.231 7-63 ch. 429 9-138 — 10-107 — 10-109 — 10-802 429.021, subd. 1(8) 5-133 429.061—429.081 5-140 429.101 5-63 —5-96 — 5-204 429.101(1) 8-20 429.101, subd. 1(c) 5-133 — 5-136 435.194 2-266 444.075 8-135 — 8-156 459.20 8-91 ch. 461 4-279 461.12 4-280 ch. 462 10-433 PRIOR LAKE CODE SLT:2 Minn. Stats. Section Code Section — 10-462 462.351—462.36 10-74 462.357, subd. 1e 10-237 — 10-345 — 10-347—10-349 — 10-435 462.357, subd. 6 10-906 462.357, subd. 6(2) 10-906 462.359 10-75 — 10-163 — 10-934 462.3595 10-876 463.151 5-99 — 5-101 463.21 5-99 — 5-101 463.251 5-99 — 5-101 463.251, subd. 2 5-99 463.251, subd. 3 5-99 463.251, subd. 4 5-99 471.345 2-233 471.345, subd. 3 2-233 471.345, subd. 4 2-233 471.345, subd. 5 2-233 471.345, subd. 17 2-233 471.3455 2-233 471.3459 2-233 471.62 5-26 473.121, subd. 24 8-127 ch. 505 10-50 505.03 9-68 ch. 515B 10-50 582.031, subd. 1(b) 5-99 582.032, subd. 7 5-99 ch. 609 7-51 609.02 8-136 — 8-169 609.02, subd. 2 1-14 609.02, subd. 3 1-14 609.02, subd. 4 1-14 609.02, subd. 4a 1-14 609.02, subd. 5 1-14 609.02, subd. 7a 7-29 609.02, subd. 8 7-29 609.0332 7-63 609.32 7-54 609.321—609.324 7-52 609.33 7-55 609.595 7-52 609.66—609.67 7-52 Minn. Stats. Section Code Section 609.671 10-318 609.685, subd. 1(a) 4-280 609.685, subd. 1(b) 4-280 609.685, subd. 1(c) 4-280 609.72 7-52 609.75—609.76 7-52 624.20—624.21 7-52 624.712—624.716 7-52 STATE LAW REFERENCE TABLE SLT:3 A ABANDONMENT Disposal of property Disposal of abandoned motor vehicles ...................... 2-236 Public safety General offenses Abandoning motor vehicle ................................. 7-60 Public ways and property Right-of-way management Abandoned facilities ........................................ 8-227 Zoning Use districts Communication towers Abandoned or unused towers or portions of towers .. 10-381 ABATEMENT Health and sanitation ........................................... 5-63 et seq. See: HEALTH AND SANITATION Zoning Use districts Land use definitions and conditions Temporary pollution abatement structures and equip- ment ................................................... 10-313 ACCESS Zoning Performance standards Industrial performance standards I-1 Industrial performance standards Access to industrial uses .............................. 10-676(7) Use districts Land use definitions and conditions Controlled access lot ..................................... 10-237 ADMINISTRATION Administration and enforcement ............................... 2-2 Buildings and construction Application, administration and enforcement ............. 3-2 Businesses Tobacco and other smoking-related products Process for denial, administrative penalty, suspension and revocation .......................................... 4-289 City departments and officers .................................. 2-139 et seq. See: CITY DEPARTMENTS AND OFFICERS City elections ..................................................... 2-60 et seq. See: CITY ELECTIONS City manager ..................................................... 2-116 et seq. See: CITY MANAGER City officers ....................................................... 2-176 et seq. See: CITY OFFICERS CODE INDEX Section CDi:1 ADMINISTRATION (Cont'd.) Disposal of property ............................................. 2-230 et seq. See: DISPOSAL OF PROPERTY Emergency management ........................................ 2-289 et seq. See: EMERGENCY MANAGEMENT Entry onto property .............................................. 2-3 Liability of officers ............................................... 2-1 Mayor and city council .......................................... 2-25 et seq. See: MAYOR AND CITY COUNCIL Planning commission ............................................ 2-81 et seq. See: PLANNING COMMISSION Public ways and property Right-of-way management .................................... 8-223 Special assessment deferment .................................. 2-266 et seq. See: SPECIAL ASSESSMENT DEFERMENT Subdivisions ...................................................... 9-166 et seq. See: SUBDIVISIONS Zoning ............................................................. 10-19 et seq. See: ZONING ADVERTISING Zoning Use districts Communication towers Signs and advertising .................................... 10-378 AGRICULTURE Zoning ............................................................. 10-217 et seq. See: ZONING ALARM SYSTEMS Public safety ...................................................... 7-107 et seq. See: PUBLIC SAFETY ALCOHOLIC BEVERAGES Businesses ........................................................ 4-19 et seq. See: BUSINESSES Motor vehicles and traffic Snowmobiles Operation of snowmobiles while under the influence of alcohol or controlled substance .......................6-65 Public ways and property City parks Alcohol within parks ........................................ 8-64 Zoning Use districts Land use definitions and conditions Exclusive liquor store .................................... 10-249 PRIOR LAKE CODE Section CDi:2 AMBULANCES Zoning Use districts Land use definitions and conditions Police/fire station/ambulance ............................ 10-284 AMUSEMENTS AND ENTERTAINMENTS Zoning Use districts Land use definitions and conditions Private entertainment, indoor .......................... 10-286 Private entertainment, outdoor ......................... 10-287 ANIMALS Motor vehicles and traffic Snowmobiles Chasing animals forbidden ................................ 6-64 Public safety ...................................................... 7-19 et seq. See: PUBLIC SAFETY Public ways and property City parks Domesticated animals ...................................... 8-61 Zoning Use districts Land use definitions and conditions Animal handling .......................................... 10-218 ANNEXATIONS Zoning Overlay districts Floodplains General provisions ....................................... 10-463(f) Use districts Districts and maps Designation of annexed property .......................10-165 APARTMENTS Zoning Use districts Land use definitions and conditions Accessory apartment ..................................... 10-214 APPEALS Businesses ........................................................ 4-76 et seq. See: BUSINESSES Subdivisions Administration and enforcement Appeal to district court ..................................... 9-169 Zoning ............................................................. 10-78 et seq. See: ZONING CODE INDEX Section CDi:3 AREA Businesses ........................................................ 4-32 et seq. See: BUSINESSES Subdivisions Design standards Protected areas .............................................. 9-105 Zoning ............................................................. 10-103(c) et seq. See: ZONING AUDITS City departments and officers Finance department; finance director; treasurer; annual audit ........................................................ 2-142 City officers Annual city audit .............................................. 2-178 B BICYCLES Zoning Use districts Land use definitions and conditions Bicycle sales and repair ................................. 10-223 BOARDS, COMMISSIONS AND COMMITTEES Planning commission ............................................ 2-81 et seq. See: PLANNING COMMISSION Subdivisions Administration and enforcement Exceptions, planning commission recommendations, standards ................................................ 9-167 Zoning ............................................................. 10-790(c) et seq. See: ZONING BOATS, DOCKS AND WATERWAYS Public ways and property City parks Boating restrictions ......................................... 8-58 Zoning ............................................................. 10-225 et seq. See: ZONING BONDS, SURETY OR PERFORMANCE Buildings and construction Plumbing Plumbers to hold state license and maintain bond and liability insurance ...................................... 3-60 City manager Bond required .................................................. 2-118 PRIOR LAKE CODE Section CDi:4 BOUNDARIES Zoning Overlay districts Floodplains General Floodplain District (GF) Procedures for determining floodway boundaries and base flood elevations ........................ 10-467(b) Use districts Districts and maps Zoning district boundaries .............................. 10-164 BRIDGES AND CULVERTS Zoning Overlay districts Floodplains Utilities, railroads, roads, and bridges ................. 10-469 BUILDINGS AND CONSTRUCTION Application, administration and enforcement ................ 3-2 Building code ..................................................... 3-1 Building permits Cash payment for park purposes ............................ 3-27 Permit procedure .............................................. 3-23 Permits and fees ............................................... 3-24 Residential contractor's deposit .............................. 3-25 Violations and penalties ...................................... 3-26 City departments and officers Community development department; community develop- ment director; zoning administrator; building official 2-143 Health and sanitation ........................................... 5-97 et seq. See: HEALTH AND SANITATION Plumbing Inspection fees ................................................. 3-63 Inspection of work; compliance .............................. 3-62 Penalty .......................................................... 3-65 Plumbers to hold state license and maintain bond and liability insurance ........................................ 3-60 Plumbing inspector ............................................ 3-59 Plumbing permits; fees ....................................... 3-61 Revocation of license .......................................... 3-64 State plumbing code adopted ................................ 3-58 Public ways and property Streets and sidewalks Removal of building materials; deposit required ........ 8-21 Residential swimming pools Definitions ...................................................... 3-89 Enforcement .................................................... 3-90 Fees .............................................................. 3-92 Location restrictions .......................................... 3-94 Minimum requirements ....................................... 3-93 Penalty .......................................................... 3-95 CODE INDEX Section CDi:5 BUILDINGS AND CONSTRUCTION (Cont'd.) Permit required ................................................ 3-91 Subdivisions Building permits ............................................... 9-4 Zoning ............................................................. 10-229 et seq. See: ZONING BUSINESSES Adult uses Conditional use ................................................ 4-147 Definitions ...................................................... 4-145 Purpose, intent and findings ................................. 4-144 Sexually oriented use ......................................... 4-146 Cable television providers Definitions ...................................................... 4-207 Franchise required ............................................ 4-208 Community events Additional requirements ...................................... 4-427 Application ..................................................... 4-425 Classifications .................................................. 4-422 Definitions ...................................................... 4-421 Enforcement .................................................... 4-430 Fees and costs .................................................. 4-423 Findings ........................................................ 4-420 Permit conditions .............................................. 4-426 Permit ........................................................... 4-424 Responsibility of sponsor ..................................... 4-428 Revocation ...................................................... 4-431 Violations or complaints ...................................... 4-429 Lawful gambling Enforcement responsibility ................................... 4-184 Exempt or excluded permit .................................. 4-181 Gambling activity authorized; license and permit required 4-179 Inspection ....................................................... 4-182 Penalties ........................................................ 4-183 Premises permit ............................................... 4-180 Purpose; adoption of state law ............................... 4-178 Liquor control Affirmative defense ............................................ 4-38 Application for and issuance of license ..................... 4-23 Civil penalties; revocation and suspension ................. 4-35 Compliance checks ............................................ 4-39 Criminal violations and penalties ........................... 4-37 Definitions ...................................................... 4-20 Denials .......................................................... 4-24 Display .......................................................... 4-29 Hearing on denial or violation ............................... 4-36 License required; prohibited sales; instructional program established ................................................ 4-22 License types ................................................... 4-21 PRIOR LAKE CODE Section CDi:6 BUSINESSES (Cont'd.) Moveable place of business ................................... 4-31 Non-employees on premises .................................. 4-28 Obscenity and nudity ......................................... 4-33 Outdoor areas in on-sale establishments ................... 4-32 Prohibitions .................................................... 4-34 Renewals ........................................................ 4-25 Right of inspection ............................................ 4-30 State law adopted ............................................. 4-19 Term ............................................................. 4-26 Transfers ....................................................... 4-27 Massage therapy Appeal to city council ......................................... 4-114 Application for licenses ....................................... 4-103 Background check ............................................. 4-107 Conditions of license .......................................... 4-109 Definitions ...................................................... 4-101 Duration of license ............................................ 4-108 Granting of licenses ........................................... 4-106 Health and disease control ................................... 4-110 License fee ...................................................... 4-104 License requirements and restrictions ...................... 4-112 Licenses required; exception ................................. 4-102 Massage therapy distinguished .............................. 4-111 Penalty .......................................................... 4-115 Persons ineligible for license ................................. 4-105 Purpose ......................................................... 4-100 Suspension or revocation of license ......................... 4-113 Peddlers Appeal ........................................................... 4-76 Application and fee ............................................ 4-71 Definitions ...................................................... 4-68 Emergency ...................................................... 4-77 Exemptions ..................................................... 4-70 General permit provisions .................................... 4-73 Investigation and issuance ................................... 4-72 Penalty .......................................................... 4-78 Permit required ................................................ 4-69 Purpose ......................................................... 4-67 Restrictions ..................................................... 4-74 Revocation of permit .......................................... 4-75 Public and private gatherings Additional requirements ...................................... 4-245 Definitions ...................................................... 4-240 Permit application ............................................. 4-243 Permit conditions .............................................. 4-244 Permit enforcement ........................................... 4-248 Permit fees and costs ......................................... 4-242 Permit revocation .............................................. 4-249 Permits required ............................................... 4-241 CODE INDEX Section CDi:7 BUSINESSES (Cont'd.) Rental permits ................................................. 4-250 Responsibility of sponsor ..................................... 4-246 Violations or complaints ...................................... 4-247 Sale of certain cannabinoid products; licensing Action ........................................................... 4-466 Application ..................................................... 4-464 Background check ............................................. 4-465 Compliance checks and inspections ......................... 4-472 Continued violation ........................................... 4-475 Definitions ...................................................... 4-462 License required ............................................... 4-463 Licensee violations ............................................ 4-468 Penalties ........................................................ 4-476 Purpose ......................................................... 4-461 Responsibility for sales ....................................... 4-469 Sampling and on-site consumption .......................... 4-470 Severability ..................................................... 4-474 Term of license ................................................. 4-467 Use of false identification .................................... 4-471 Violations ....................................................... 4-473 Short-term rentals Appeal ........................................................... 4-387 Definitions ...................................................... 4-382 Disorderly conduct ............................................ 4-385 Permit suspension or revocation ............................. 4-386 Permit ........................................................... 4-383 Posting .......................................................... 4-388 Purpose ......................................................... 4-380 Responsibility of owners ...................................... 4-384 Scope ............................................................ 4-381 Sidewalk eating areas Appeals ......................................................... 4-318 Insurance ....................................................... 4-316 No right to subsequent year permit ......................... 4-320 Permit fee ....................................................... 4-319 Permit procedure .............................................. 4-315 Permit required ................................................ 4-313 Permit suspension and revocation ........................... 4-317 Purpose ......................................................... 4-312 Restrictions and requirements ............................... 4-314 Sidewalk sales Appeals ......................................................... 4-350 Insurance ....................................................... 4-348 No right to subsequent year permit ......................... 4-352 No transfer allowed ........................................... 4-353 Permit fee ....................................................... 4-351 Permit procedure .............................................. 4-347 Permit required ................................................ 4-345 Permit suspension and revocation ........................... 4-349 PRIOR LAKE CODE Section CDi:8 BUSINESSES (Cont'd.) Purpose ......................................................... 4-344 Restrictions and requirements ............................... 4-346 Tobacco and other smoking-related products Compliance checks and inspections ......................... 4-286 Definitions ...................................................... 4-280 Exceptions and defenses ...................................... 4-287 Fees .............................................................. 4-282 Grounds for denial of license ................................. 4-283 License .......................................................... 4-281 Process for denial, administrative penalty, suspension and revocation ............................................ 4-289 Prohibited sales ................................................ 4-284 Provisions of state law adopted .............................. 4-279 Responsibility .................................................. 4-285 Violations and penalties ...................................... 4-288 Zoning ............................................................. 10-230 et seq. See: ZONING C CERTIFICATES, CERTIFICATION Public ways and property Utility rates, charges and fees Certification ................................................. 8-135 Subdivisions Plat and data requirements Certification required ....................................... 9-68 Zoning .............................................................10-1012 et seq. See: ZONING CITY CLERK City departments and officers Administration department; city clerk ...................... 2-140 City officers City clerk ....................................................... 2-177 CITY COUNCIL. See: MAYOR AND CITY COUNCIL CITY DEPARTMENTS AND OFFICERS Administration department; city clerk ........................ 2-140 Community development department; community develop- ment director; zoning administrator; building official ..2-143 Elected and appointed officials ................................. 2-139 Finance department; finance director; treasurer; annual audit .......................................................... 2-142 Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association .............. 2-146 Human resources department; human resources director .. 2-141 Police department; police chief ................................. 2-145 Public works/engineering department; public works direc- tor ............................................................. 2-144 CODE INDEX Section CDi:9 CITY ELECTIONS Biennial elections ................................................ 2-60 Mayor and city council Officers; city elections; terms of office; absentee ballot counting board ............................................ 2-25 Voter registration system adopted; registration required ... 2-61 CITY MANAGER Appointment; qualifications; removal ......................... 2-117 Bond required .................................................... 2-118 Office created ..................................................... 2-116 Powers, duties and limitations ................................. 2-119 Purchases and acquisitions ..................................... 2-120 CITY OFFICERS Annual city audit ................................................ 2-178 City clerk .......................................................... 2-177 City finance director ............................................. 2-176 Workers' compensation coverage ............................... 2-179 CODE OF ORDINANCES* Acceptance ........................................................ 1-2 Adoption of laws .................................................. 1-6 Amendments to Code ............................................ 1-4 Catchlines, notes and references ............................... 1-3 Copies of Code .................................................... 1-7 Definitions, general .............................................. 1-14 Designation and citation of Code .............................. 1-1 Effect of repeal or modification of ordinances ................ 1-11 Future ordinances ............................................... 1-8 General penalty .................................................. 1-15 Interpretation and rules of construction ...................... 1-13 Public utility ordinances ........................................ 1-10 Repeal of general ordinances ................................... 1-9 Severability ....................................................... 1-12 Supplementation of Code ....................................... 1-5 CONTRACTS AND AGREEMENTS Buildings and construction Building permits Residential contractor's deposit ........................... 3-25 Public ways and property Water and sanitary sewer system Contract ...................................................... 8-168 Zoning Use districts Land use definitions and conditions Contractor yard ........................................... 10-236 *Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. PRIOR LAKE CODE Section CDi:10 CONTROLLED SUBSTANCES Motor vehicles and traffic Snowmobiles Operation of snowmobiles while under the influence of alcohol or controlled substance .......................6-65 COURTS Subdivisions Administration and enforcement Appeal to district court ..................................... 9-169 CURBS AND GUTTERS Zoning Performance standards Agricultural and residential performance standards Residential performance standards Curbs .................................................... 10-601(3) Parking, loading spaces and driveways Design and maintenance of off-street parking areas Curbs .................................................... 10-761(j) CURFEW Public safety General offenses ............................................... 7-57 D DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC. Public safety General offenses Injury to city property ...................................... 7-58 DANGEROUS BUILDINGS Health and sanitation Public nuisances Posting placard on dangerous building ................... 5-97 DEMOLITION Health and sanitation Property maintenance Completion of exterior work and demolition projects .. 5-201 DENSITY Zoning ............................................................. 10-439(c) et seq. See: ZONING DISPOSAL OF PROPERTY Definitions ........................................................ 2-231 Disposal of abandoned motor vehicles ......................... 2-236 Disposal of personal property .................................. 2-233 Disposal of real property ........................................ 2-232 Disposal of unclaimed property held by city .................. 2-235 CODE INDEX Section CDi:11 DISPOSAL OF PROPERTY (Cont'd.) Purpose ............................................................ 2-230 Restrictions on sale to city employees ......................... 2-234 DISTRIBUTION Zoning Use districts Land use definitions and conditions Warehouse/storage/distribution ......................... 10-317 DRAINAGE Public ways and property Water and sanitary sewer system Draining of pools ............................................ 8-164 Subdivisions Design standards Storm drainage .............................................. 9-104 Zoning Performance standards Parking, loading spaces and driveways Design and maintenance of off-street parking areas . 10-761(g) DRIVEWAYS Zoning ............................................................. 10-436(3) et seq. See: ZONING E EASEMENTS Subdivisions Design standards .............................................. 9-102 ELECTIONS City elections ..................................................... 2-60 et seq. See: CITY ELECTIONS Mayor and city council Officers; city elections; terms of office; absentee ballot counting board ............................................ 2-25 Planning commission Created; composition; alternate members; terms, election of officers .................................................. 2-81 Public ways and property Right-of-way management Election to manage the rights-of-way .................... 8-222 Subdivisions Required improvements and charges Election by city to install improvements ................. 9-138 Zoning Overlay districts Planned unit developments Vote approving PUD ..................................... 10-515 PRIOR LAKE CODE Section CDi:12 ELECTIONS (Cont'd.) Performance standards Signs Allowed signs; no sign permit required Election signs ........................................... 10-789(g) ELECTRICITY Public ways and property City parks Mobility and electric-powered devices .................... 8-63 Zoning Use districts Land use definitions and conditions Electrical utility substations ............................ 10-248 EMERGENCY MANAGEMENT Agency established; appointment of manager; functions .... 2-291 Businesses Peddlers Emergency ................................................... 4-77 Conformity and cooperation with federal and state author- ity ............................................................. 2-296 Definitions ........................................................ 2-290 Emergency management tax; account ......................... 2-295 Emergency management workers; general provisions ......2-293 Emergency regulations .......................................... 2-294 Penalty ............................................................ 2-297 Powers and duties of manager ................................. 2-292 Purpose ............................................................ 2-289 ENGINEERING City departments and officers Public works/engineering department; public works direc- tor .......................................................... 2-144 Zoning Overlay districts Shoreland regulations Zoning provisions Engineering reports required .........................10-435(4) ENTRY Administration Entry onto property ........................................... 2-3 Health and sanitation Public nuisances Right of entry ................................................ 5-100 Public ways and property Water and sanitary sewer system Right of entry ................................................ 8-167 CODE INDEX Section CDi:13 ENTRY (Cont'd.) Zoning Performance standards Landscaping, bufferyards, trees, and fences Tree preservation and restoration Entry on private property and interference with inspection .......................................... 10-728(f) EXCAVATIONS Public ways and property ....................................... 8-191 et seq. See: PUBLIC WAYS AND PROPERTY Zoning ............................................................. 10-436(2) et seq. See: ZONING F FALSE ALARMS Public safety ...................................................... 7-107 et seq. See: PUBLIC SAFETY FARMING, FARMS Public safety Animals Keeping farm animals ...................................... 7-23 FEES, CHARGES AND RATES Buildings and construction ..................................... 3-24 et seq. See: BUILDINGS AND CONSTRUCTION Businesses ........................................................ 4-242 et seq. See: BUSINESSES Public safety False alarms Fees; determination; collection ............................ 7-109 Public ways and property ....................................... 8-127 et seq. See: PUBLIC WAYS AND PROPERTY Subdivisions ...................................................... 9-130 et seq. See: SUBDIVISIONS Zoning ............................................................. 10-516 et seq. See: ZONING FENCES, WALLS, HEDGES AND ENCLOSURES Zoning ............................................................. 10-724 et seq. See: ZONING FINANCE City departments and officers Finance department; finance director; treasurer; annual audit ........................................................ 2-142 City officers City finance director .......................................... 2-176 PRIOR LAKE CODE Section CDi:14 FINANCE (Cont'd.) Zoning Use districts Land use definitions and conditions Bank ........................................................ 10-221 FINES, FORFEITURES AND OTHER PENALTIES Buildings and construction ..................................... 3-65 et seq. See: BUILDINGS AND CONSTRUCTION Businesses ........................................................ 4-78 et seq. See: BUSINESSES Emergency management Penalty .......................................................... 2-297 Health and sanitation ........................................... 5-172 et seq. See: HEALTH AND SANITATION Motor vehicles and traffic ....................................... 6-68 et seq. See: MOTOR VEHICLES AND TRAFFIC Public safety ...................................................... 7-31 et seq. See: PUBLIC SAFETY Public ways and property ....................................... 8-136 et seq. See: PUBLIC WAYS AND PROPERTY Subdivisions Administration and enforcement Violations and penalties .................................... 9-170 Zoning ............................................................. 10-983 et seq. See: ZONING FIRE CHIEF City departments and officers Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association ............ 2-146 FIRE DEPARTMENT City departments and officers Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association ............ 2-146 FIRE PREVENTION AND PROTECTION City departments and officers Fire department; fire chief; fire marshal; fire prevention bureau; fire code official; relief association ............ 2-146 Health and sanitation Garbage and refuse Burning permit .............................................. 5-27 Public safety ...................................................... 7-110 et seq. See: PUBLIC SAFETY Zoning Use districts Land use definitions and conditions Police/fire station/ambulance ............................ 10-284 CODE INDEX Section CDi:15 FIREARMS AND WEAPONS Public safety ...................................................... 7-85 et seq. See: PUBLIC SAFETY Zoning Use districts Land use definitions and conditions Gun range, indoor ........................................ 10-254 FLOODS AND FLOODING Zoning ............................................................. 10-165(b) et seq. See: ZONING FRANCHISES (Appendix A) Electric franchise Abandoned facilities ........................................... 313.1000 Adoption of franchise ......................................... 313.200 Amendment procedure ........................................ 313.1200 Change in form of government .............................. 313.400 Definitions ...................................................... 313.100 Facilities relocation ............................................ 313.500 Franchise fee ................................................... 313.600 Indemnification ................................................ 313.800 Provisions of ordinance ....................................... 313.1100 Right-of-way management .................................... 313.300 Tree trimming ................................................. 313.700 Vacation of public ways ....................................... 313.900 Franchise fees Effective date of franchise fee ................................ 314.900 Electric fee schedule .......................................... 314.500 Enforcement .................................................... 314.800 Franchise fee statement ...................................... 314.200 Gas fee schedule ............................................... 314.600 Payment and fee design ...................................... 314.300 Purpose ......................................................... 314.100 Record support for payment .................................. 314.700 Surcharge ....................................................... 314.400 Gas franchise Abandoned facilities ........................................... 312.1000 Adoption of franchise ......................................... 312.200 Amendment procedure ........................................ 312.1200 Change in form of government .............................. 312.400 Definitions ...................................................... 312.100 Facilities relocation ............................................ 312.500 Franchise fee ................................................... 312.600 Indemnification ................................................ 312.800 Provisions of ordinance ....................................... 312.1100 Right-of-way management .................................... 312.300 Tree trimming ................................................. 312.700 Vacation of public ways ....................................... 312.900 PRIOR LAKE CODE Section CDi:16 FRANCHISES Businesses Cable television providers Franchise required .......................................... 4-208 G GRADES, GRADING Public ways and property ....................................... 8-191 et seq. See: PUBLIC WAYS AND PROPERTY Zoning ............................................................. 10-436(2) et seq. See: ZONING H HEALTH AND SANITATION Businesses Massage therapy Health and disease control ................................ 4-110 Coal-tar-based sealer products Asphalt-based sealcoat products ............................. 5-238 Definitions ...................................................... 5-235 Penalty .......................................................... 5-239 Prohibitions .................................................... 5-236 Purpose ......................................................... 5-234 Sale of coal-tar-based sealer restricted ..................... 5-237 Garbage and refuse Air pollution control regulations ............................ 5-26 Burning permit ................................................ 5-27 Composting ..................................................... 5-25 Container requirements ...................................... 5-23 Definitions ...................................................... 5-19 Disposal of garbage and refuse .............................. 5-24 Enforcement and enforcement penalties ................... 5-28 Garbage and refuse collectors ................................ 5-21 Precollection and collection requirements .................. 5-22 Prohibited acts ................................................. 5-20 Hazardous and diseased trees Abatement ...................................................... 5-63 Authority ....................................................... 5-61 Nuisances declared ............................................ 5-62 Oak tree trimming ............................................ 5-66 Policy and purpose ............................................ 5-60 Registration of tree care firms ............................... 5-65 Reporting discovery of nuisance ............................. 5-64 Violation; penalties ............................................ 5-67 Junk and junk vehicles Abatement civil in nature .................................... 5-141 City police to identify ......................................... 5-137 Costs to be assessed ........................................... 5-140 CODE INDEX Section CDi:17 HEALTH AND SANITATION (Cont'd.) Definitions ...................................................... 5-134 Hearing ......................................................... 5-138 Notice to owner ................................................ 5-139 Penalties ........................................................ 5-142 Purpose ......................................................... 5-133 Removal ......................................................... 5-136 Storage .......................................................... 5-135 Portable toilets Allowable use of portable toilets ............................. 5-170 Definitions ...................................................... 5-169 General regulations ........................................... 5-171 Penalty .......................................................... 5-172 Purpose ......................................................... 5-168 Property maintenance Building and structure appearance and maintenance requirements .............................................. 5-200 Completion of exterior work and demolition projects ..... 5-201 Definitions ...................................................... 5-199 Findings and purpose ......................................... 5-198 Firewood and construction material storage; tree limb removal .................................................... 5-202 Other outdoor storage ......................................... 5-203 Penalty .......................................................... 5-205 Weeds ........................................................... 5-204 Public nuisances Abatement by city ............................................. 5-98 Abatement ...................................................... 5-96 Collection of abatement costs ................................ 5-101 Noise ............................................................ 5-102 Permitting nuisance to exist ................................. 5-95 Posting placard on dangerous building ..................... 5-97 Public nuisance defined ....................................... 5-93 Right of entry .................................................. 5-100 Securing vacant buildings .................................... 5-99 Specific conditions and activities ............................ 5-94 HEARINGS Businesses Liquor control Hearing on denial or violation ............................ 4-36 Health and sanitation Junk and junk vehicles Hearing ....................................................... 5-138 Zoning ............................................................. 10-23 et seq. See: ZONING PRIOR LAKE CODE Section CDi:18 HOTELS AND MOTELS Zoning Use districts Land use definitions and conditions Hotel/motel ................................................ 10-258 HOURS Public ways and property City parks Park hours and access ...................................... 8-55 Zoning Performance standards Industrial performance standards I-1 Industrial performance standards Temporary permit for extended hours of outdoor operation ........................................... 10-676(9) HOUSING Buildings and construction ..................................... 3-25 et seq. See: BUILDINGS AND CONSTRUCTION Zoning ............................................................. 10-233 et seq. See: ZONING I IDENTIFICATION Businesses Sale of certain cannabinoid products; licensing Use of false identification .................................. 4-471 Health and sanitation Junk and junk vehicles City police to identify ....................................... 5-137 Zoning ............................................................. 10-727(e) et seq. See: ZONING IMPOUNDMENT Public safety Animals ......................................................... 7-28 INCORPORATION AND POWERS City manager Powers, duties and limitations ............................... 2-119 Emergency management Powers and duties of manager ............................... 2-292 Zoning Overlay districts Floodplains General provisions Incorporation of maps by reference .................. 10-463(b) CODE INDEX Section CDi:19 INDECENCY AND OBSCENITY Businesses Liquor control Obscenity and nudity ....................................... 4-33 Public safety General offenses Obscenity ..................................................... 7-53 INDUSTRIES Zoning ............................................................. 10-437 et seq. See: ZONING INSPECTIONS Buildings and construction ..................................... 3-59 et seq. See: BUILDINGS AND CONSTRUCTION Businesses ........................................................ 4-30 et seq. See: BUSINESSES Zoning Performance standards Landscaping, bufferyards, trees, and fences Tree preservation and restoration Entry on private property and interference with inspection .......................................... 10-728(f) INSURANCE Buildings and construction Plumbing Plumbers to hold state license and maintain bond and liability insurance ...................................... 3-60 Businesses Sidewalk eating areas ......................................... 4-316 Sidewalk sales ................................................. 4-348 INTERFERENCE Public safety Animals Interference with officer; breaking into animal control facility ................................................... 7-25 Zoning Performance standards Landscaping, bufferyards, trees, and fences Tree preservation and restoration Entry on private property and interference with inspection .......................................... 10-728(f) Signs General sign regulations ................................ 10-797(2) PRIOR LAKE CODE Section CDi:20 INVESTIGATIONS Businesses Peddlers Investigation and issuance ................................ 4-72 L LANDSCAPING Zoning ............................................................. 10-724 et seq. See: ZONING LAW ENFORCEMENT City departments and officers Police department; police chief ............................... 2-145 Health and sanitation Junk and junk vehicles City police to identify ....................................... 5-137 Public safety False alarms Suspension of police/fire response ........................ 7-110 Zoning Use districts Land use definitions and conditions Police/fire station/ambulance ............................ 10-284 LIABILITY Administration Liability of officers ............................................ 2-1 Buildings and construction Plumbing Plumbers to hold state license and maintain bond and liability insurance ...................................... 3-60 Public ways and property City parks ...................................................... 8-66 Zoning Overlay districts Floodplains General provisions Warning and disclaimer of liability .................. 10-463(d) LIBRARIES Zoning Use districts Land use definitions and conditions Library ..................................................... 10-259 LICENSES AND PERMITS Buildings and construction ..................................... 3-60 et seq. See: BUILDINGS AND CONSTRUCTION Businesses ........................................................ 4-21 et seq. See: BUSINESSES CODE INDEX Section CDi:21 LICENSES AND PERMITS (Cont'd.) Health and sanitation Garbage and refuse Burning permit .............................................. 5-27 Public nuisances Permitting nuisance to exist ............................... 5-95 Motor vehicles and traffic Golf carts, utility vehicles, and all-terrain vehicles Permit ........................................................ 6-133 Suspension or revocation of permit ....................... 6-135 Public safety Fire code Open burning permit ....................................... 7-135 Public ways and property ....................................... 8-56 et seq. See: PUBLIC WAYS AND PROPERTY Subdivisions Building permits ............................................... 9-4 Zoning ............................................................. 10-306 et seq. See: ZONING LIGHTING, LIGHTS Zoning ............................................................. 10-377 et seq. See: ZONING LOADING AND UNLOADING Zoning ............................................................. 10-759 et seq. See: ZONING LOTS Subdivisions Design standards .............................................. 9-99 Zoning ............................................................. 10-346(d) et seq. See: ZONING M MAINTENANCE Health and sanitation ........................................... 5-198 et seq. See: HEALTH AND SANITATION Public ways and property Water and sanitary sewer system Responsibility and maintenance .......................... 8-159 Zoning ............................................................. 10-106 et seq. See: ZONING PRIOR LAKE CODE Section CDi:22 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Zoning Overlay districts Floodplains Manufactured homes and recreational vehicles ...... 10-470 Manufactured homes .................................. 10-470(a) MASSAGE Businesses ........................................................ 4-100 et seq. See: BUSINESSES MAYOR Mayor and city council .......................................... 2-25 et seq. See: MAYOR AND CITY COUNCIL MAYOR AND CITY COUNCIL Businesses Massage therapy Appeal to city council ....................................... 4-114 Bylaws ............................................................. 2-28 Council meetings ................................................. 2-26 Motor vehicles and traffic Snowmobiles Traffic law applicable; authority of city council to restrict operation ....................................... 6-57 Officers; city elections; terms of office; absentee ballot counting board ............................................... 2-25 Salaries ............................................................ 2-27 Zoning ............................................................. 10-512(d) et seq. See: ZONING MEETINGS Mayor and city council Council meetings .............................................. 2-26 Planning commission Meetings ........................................................ 2-83 MINORS Zoning Use districts Land use definitions and conditions Day care, commercial (includes child care programs as defined by state statute) ........................ 10-240 MISDEMEANORS Zoning Overlay districts Floodplains Violations and penalties Violation constitutes a misdemeanor ................ 10-473(a) CODE INDEX Section CDi:23 MISDEMEANORS (Cont'd.) Procedures Enforcement, penalty and fees Enforcement Misdemeanor ........................................... 10-983(a) MONUMENTS Subdivisions Required improvements and charges ....................... 9-131 MOTOR VEHICLES AND TRAFFIC Disposal of property Disposal of abandoned motor vehicles ...................... 2-236 Golf carts, utility vehicles, and all-terrain vehicles Definitions ...................................................... 6-132 Exemption ...................................................... 6-136 Operating conditions .......................................... 6-134 Permit ........................................................... 6-133 Purpose ......................................................... 6-131 Suspension or revocation of permit ......................... 6-135 Violation; penalty .............................................. 6-137 Health and sanitation ........................................... 5-133 et seq. See: HEALTH AND SANITATION Off-road vehicles and combustion engines Applicability of provisions .................................... 6-99 Competition motorcycles ...................................... 6-98 Definitions ...................................................... 6-95 Operation of combustion engines; equipment .............. 6-96 Operation of off-road vehicles ................................ 6-97 Prohibited operations ......................................... 6-100 Violation; penalty .............................................. 6-101 Public safety General offenses Abandoning motor vehicle ................................. 7-60 Use and possession of racing, stock and junk cars ..... 7-56 Public ways and property City parks Vehicles ....................................................... 8-62 Snowmobiles Chasing animals forbidden ................................... 6-64 Definitions ...................................................... 6-56 Enforcement .................................................... 6-67 Equipment required ........................................... 6-60 Exemptions ..................................................... 6-66 Leaving snowmobile unattended ............................ 6-63 Method of crossing streets and highways .................. 6-59 Operation by underaged persons ............................ 6-61 Operation of snowmobiles while under the influence of alcohol or controlled substance ......................... 6-65 Penalty .......................................................... 6-68 Signal from officer to stop .................................... 6-62 PRIOR LAKE CODE Section CDi:24 MOTOR VEHICLES AND TRAFFIC (Cont'd.) Time, manner and place of operation restricted ...........6-58 Traffic law applicable; authority of city council to restrict operation ................................................... 6-57 Standing, stopping and parking General parking regulations and restrictions .............. 6-25 Statutes adopted by reference .................................. 6-1 Traffic signal preemption system (TSPS) ..................... 6-3 Unnecessary exhibition of speed ............................... 6-2 Zoning ............................................................. 10-730 et seq. See: ZONING N NOISE Health and sanitation Public nuisances ............................................... 5-102 Zoning Performance standards Architectural design Commercial, business park and industrial design standards Noise-producing developments ....................... 10-704(2) Multifamily design standards Noise-producing developments ....................... 10-703(2) NOTICES, NOTIFICATION Health and sanitation Junk and junk vehicles Notice to owner .............................................. 5-139 Public ways and property Public waters Notification .................................................. 8-97 Zoning ............................................................. 10-76(d) et seq. See: ZONING NUDITY Businesses Liquor control Obscenity and nudity ....................................... 4-33 NUISANCES Health and sanitation ........................................... 5-62 et seq. See: HEALTH AND SANITATION Public safety Animals Nuisance ..................................................... 7-27 Public ways and property Excavating and grading Nuisance prohibited ........................................ 8-197 CODE INDEX Section CDi:25 O OFFENSES. See: PUBLIC SAFETY OFFICERS AND EMPLOYEES Administration Liability of officers ............................................ 2-1 Businesses Liquor control Non-employees on premises ............................... 4-28 City departments and officers .................................. 2-139 et seq. See: CITY DEPARTMENTS AND OFFICERS City officers ....................................................... 2-176 et seq. See: CITY OFFICERS Disposal of property Restrictions on sale to city employees ...................... 2-234 Mayor and city council Officers; city elections; terms of office; absentee ballot counting board ............................................ 2-25 Motor vehicles and traffic Snowmobiles Signal from officer to stop ................................. 6-62 Planning commission Created; composition; alternate members; terms, election of officers .................................................. 2-81 Public safety Animals Interference with officer; breaking into animal control facility ................................................... 7-25 ORDINANCES, RESOLUTIONS, ETC. Zoning Overlay districts Floodplains Amendments Map revisions require ordinance amendments ..... 10-474(c) P PARKING Motor vehicles and traffic Standing, stopping and parking General parking regulations and restrictions ...........6-25 Zoning ............................................................. 10-277 et seq. See: ZONING PARKS AND RECREATION Public ways and property ....................................... 8-52 et seq. See: PUBLIC WAYS AND PROPERTY Zoning ............................................................. 10-280 et seq. See: ZONING PRIOR LAKE CODE Section CDi:26 PEDDLERS, CANVASSERS AND SOLICITORS Businesses ........................................................ 4-67 et seq. See: BUSINESSES PLANNING AND DEVELOPMENT City departments and officers Community development department; community develop- ment director; zoning administrator; building official 2-143 Planning commission ............................................ 2-81 et seq. See: PLANNING COMMISSION Public ways and property Utility rates, charges and fees Connection and availability charges due upon develop- ment ..................................................... 8-128 Subdivisions Administration and enforcement Exceptions, planning commission recommendations, standards ................................................ 9-167 Zoning .............................................................10-76(c) et seq. See: ZONING PLANNING COMMISSION Bylaws ............................................................. 2-86 Created; composition; alternate members; terms, election of officers ........................................................ 2-81 Duties .............................................................. 2-84 Meetings .......................................................... 2-83 Removal of members ............................................. 2-82 Salaries ............................................................ 2-85 Subdivisions Administration and enforcement Exceptions, planning commission recommendations, standards ................................................ 9-167 Zoning .............................................................10-76(c) et seq. See: ZONING PLUMBING Buildings and construction ..................................... 3-58 et seq. See: BUILDINGS AND CONSTRUCTION POLICE CHIEF City departments and officers Police department; police chief ............................... 2-145 POLICE DEPARTMENT City departments and officers Police department; police chief ............................... 2-145 Health and sanitation Junk and junk vehicles City police to identify ....................................... 5-137 CODE INDEX Section CDi:27 POLICE DEPARTMENT (Cont'd.) Public safety False alarms Suspension of police/fire response ........................ 7-110 Zoning Use districts Land use definitions and conditions Police/fire station/ambulance ............................ 10-284 POLLUTION Health and sanitation Garbage and refuse Air pollution control regulations .......................... 5-26 Zoning Use districts Land use definitions and conditions Temporary pollution abatement structures and equip- ment ................................................... 10-313 POWERS City manager Powers, duties and limitations ............................... 2-119 Emergency management Powers and duties of manager ............................... 2-292 PROPERTY Administration Entry onto property ........................................... 2-3 Disposal of property ............................................. 2-230 et seq. See: DISPOSAL OF PROPERTY Health and sanitation ........................................... 5-198 et seq. See: HEALTH AND SANITATION Public safety General offenses Injury to city property ...................................... 7-58 Public ways and property ....................................... 8-19 et seq. See: PUBLIC WAYS AND PROPERTY Zoning ............................................................. 10-165 et seq. See: ZONING PROSTITUTION Public safety General offenses ............................................... 7-54 PUBLIC SAFETY Animals Animals on public lands ...................................... 7-30 Bites and rabies ............................................... 7-26 Definitions ...................................................... 7-21 Enforcement and penalty ..................................... 7-31 Impoundment .................................................. 7-28 PRIOR LAKE CODE Section CDi:28 PUBLIC SAFETY (Cont'd.) Interference with officer; breaking into animal control facility ...................................................... 7-25 Keeping farm animals ........................................ 7-23 Keeping traditional pets ...................................... 7-24 Limitations on keeping of animals generally .............. 7-22 Nuisance ........................................................ 7-27 Potentially dangerous and dangerous dogs ................ 7-29 Purpose ......................................................... 7-19 State statutes adopted ........................................ 7-20 Dangerous weapons Declaration of policy .......................................... 7-85 Definitions ...................................................... 7-86 Discharge of a dangerous weapon ........................... 7-88 Penalty .......................................................... 7-89 State law adopted ............................................. 7-87 False alarms Definitions ...................................................... 7-108 Fees; determination; collection ............................... 7-109 Purpose ......................................................... 7-107 Suspension of police/fire response ........................... 7-110 Fire code Open burning permit .......................................... 7-135 Penalty .......................................................... 7-136 State fire code adopted; definitions ......................... 7-134 General offenses Abandoning motor vehicle .................................... 7-60 Criminal code adopted ........................................ 7-51 Curfew .......................................................... 7-57 Disorderly conduct ............................................ 7-52 Disorderly houses .............................................. 7-55 Injury to city property ........................................ 7-58 Obscenity ....................................................... 7-53 Penalty .......................................................... 7-61 Possession of catalytic converters ........................... 7-62 Prostitution ..................................................... 7-54 Social hosting .................................................. 7-59 Use and possession of racing, stock and junk cars ........ 7-56 Use of cannabis products in public .......................... 7-63 PUBLIC WAYS AND PROPERTY City parks Alcohol within parks .......................................... 8-64 Authority ....................................................... 8-53 Boating restrictions ........................................... 8-58 Definitions ...................................................... 8-54 Domesticated animals ......................................... 8-61 Fishing restrictions ............................................ 8-59 General prohibitions within city parks ..................... 8-57 CODE INDEX Section CDi:29 PUBLIC WAYS AND PROPERTY (Cont'd.) Hammocking, slacklining, and other line-related activi- ties .......................................................... 8-60 Liability ......................................................... 8-66 Mobility and electric-powered devices ...................... 8-63 Park hours and access ........................................ 8-55 Park permits and licenses .................................... 8-56 Purpose ......................................................... 8-52 Restitution, enforcement and penalties ..................... 8-67 Special use ..................................................... 8-65 Vehicles ......................................................... 8-62 Excavating and grading Application requirements ..................................... 8-194 Civil penalties for violations ................................. 8-199 Completion ..................................................... 8-198 Definitions ...................................................... 8-192 Nuisance prohibited ........................................... 8-197 Permit issuance requirements ............................... 8-195 Permit required ................................................ 8-193 Purpose ......................................................... 8-191 Security requirements ........................................ 8-196 Public waters Additional restrictions ........................................ 8-95 Definitions ...................................................... 8-92 Enforcement .................................................... 8-98 Exemptions ..................................................... 8-96 Notification ..................................................... 8-97 Penalties ........................................................ 8-99 Purpose, intent and application ............................. 8-91 Speed limitations .............................................. 8-93 Towing restrictions ............................................ 8-94 Right-of-way management Abandoned facilities ........................................... 8-227 Administration ................................................. 8-223 Application and scope ......................................... 8-225 Definitions ...................................................... 8-224 Election to manage the rights-of-way ....................... 8-222 Registration of telecommunications users .................. 8-229 Right-of-way permits .......................................... 8-228 Right-of-way vacation ......................................... 8-226 Siting of new structures ...................................... 8-230 Streets and sidewalks Collections by special assessment ........................... 8-20 Numbering system adopted .................................. 8-22 Private streets ................................................. 8-24 Removal of building materials; deposit required .......... 8-21 Snow removal .................................................. 8-19 Street reconstruction assessment policy .................... 8-23 Utility rates, charges and fees Accounts responsibility of owner ............................ 8-133 PRIOR LAKE CODE Section CDi:30 PUBLIC WAYS AND PROPERTY (Cont'd.) Bills for service ................................................ 8-134 Certification .................................................... 8-135 Connection and availability charges due upon develop- ment ........................................................ 8-128 Connection and availability charges due with permit or work ........................................................ 8-129 Other charges .................................................. 8-132 Penalty .......................................................... 8-136 Purpose; use and availability charges; annual fee schedule 8-127 Storm sewer charges and rates .............................. 8-131 Water and sanitary sewer charges and rates ..............8-130 Water and sanitary sewer system Bulk water and bulk water meters .......................... 8-161 Connection to city utility facilities .......................... 8-157 Contract ........................................................ 8-168 Draining of pools .............................................. 8-164 Failure of facilities and discontinuance ..................... 8-163 General provisions ............................................ 8-156 Penalty .......................................................... 8-169 Permits .......................................................... 8-158 Responsibility and maintenance ............................. 8-159 Right of entry .................................................. 8-167 Tampering prohibited ......................................... 8-166 Wastes prohibited ............................................. 8-165 Water meters ................................................... 8-160 Water use restrictions ......................................... 8-162 PUBLIC WORKS AND IMPROVEMENTS City departments and officers Public works/engineering department; public works direc- tor .......................................................... 2-144 Subdivisions Design standards Public works design manual ............................... 9-97 Zoning Performance standards General performance standards Compliance required Public works design manual (PWDM) ............... 10-563(b) PURCHASES AND PURCHASING City manager Purchases and acquisitions .................................. 2-120 Q QUALIFICATIONS City manager Appointment; qualifications; removal ....................... 2-117 CODE INDEX Section CDi:31 QUALIFICATIONS (Cont'd.) Zoning Performance standards Parking, loading spaces and driveways Off-street loading facilities Qualifications for loading zone, dock ................ 10-765(a) R RABIES CONTROL Public safety Animals Bites and rabies ............................................. 7-26 RAILROADS AND TRAINS Zoning Overlay districts Floodplains Utilities, railroads, roads, and bridges ................. 10-469 REAL ESTATE, REAL PROPERTY Disposal of property Disposal of real property ..................................... 2-232 Zoning Performance standards Signs Allowed signs; no sign permit required Real estate signs ....................................... 10-789(k) RECORDS AND REPORTS Health and sanitation Hazardous and diseased trees Reporting discovery of nuisance ........................... 5-64 Subdivisions Conditions for recording ...................................... 9-3 Zoning ............................................................. 10-164(b) et seq. See: ZONING RECREATIONAL VEHICLES Zoning Overlay districts Floodplains Manufactured homes and recreational vehicles ...... 10-470 Generally ................................................ 10-470(b) RECYCLING Zoning Use districts Land use definitions and conditions Recycling center .......................................... 10-291 PRIOR LAKE CODE Section CDi:32 REGISTRATION City elections Voter registration system adopted; registration required 2-61 Health and sanitation Hazardous and diseased trees Registration of tree care firms ............................ 5-65 Public ways and property Right-of-way management Registration of telecommunications users ............... 8-229 RENTALS Businesses ........................................................ 4-250 et seq. See: BUSINESSES Zoning Use districts Land use definitions and conditions Heavy equipment and specialized vehicle sale, rental and service ........................................... 10-255 RESTAURANTS Zoning Use districts Land use definitions and conditions Restaurants and clubs/lodges ........................... 10-293 RIGHT-OF-WAYS Public ways and property ....................................... 8-222 et seq. See: PUBLIC WAYS AND PROPERTY Zoning Performance standards Signs General sign regulations Public property/right-of-way .......................... 10-797(3) S SAFETY. See: PUBLIC SAFETY SALES Businesses ........................................................ 4-22 et seq. See: BUSINESSES Disposal of property Restrictions on sale to city employees ...................... 2-234 Health and sanitation Coal-tar-based sealer products Sale of coal-tar-based sealer restricted ................... 5-237 Zoning ............................................................. 10-223 et seq. See: ZONING CODE INDEX Section CDi:33 SCHOOLS Zoning Use districts Land use definitions and conditions School, business/trade ................................... 10-296 School, pre-K—12 ......................................... 10-295 SECURITY Public ways and property Excavating and grading Security requirements ...................................... 8-196 SETBACKS Zoning ............................................................. 10-103(f) et seq. See: ZONING SIGNS AND BILLBOARDS Zoning ............................................................. 10-103(b) et seq. See: ZONING SMOKING Businesses ........................................................ 4-279 et seq. See: BUSINESSES SNOW AND ICE Motor vehicles and traffic ....................................... 6-56 et seq. See: MOTOR VEHICLES AND TRAFFIC Public ways and property Streets and sidewalks Snow removal ................................................ 8-19 SNOWMOBILES Motor vehicles and traffic ....................................... 6-56 et seq. See: MOTOR VEHICLES AND TRAFFIC SOIL EROSION AND SEDIMENTATION CONTROL Subdivisions Design standards Erosion and sediment control ............................. 9-103 SOLID WASTE Health and sanitation ........................................... 5-19 et seq. See: HEALTH AND SANITATION Public ways and property Water and sanitary sewer system Wastes prohibited ........................................... 8-165 Zoning Use districts Land use definitions and conditions Waste hauler .............................................. 10-318 PRIOR LAKE CODE Section CDi:34 SPECIAL ASSESSMENT DEFERMENT Eligibility ......................................................... 2-267 Exceptional and unusual circumstances ...................... 2-270 Hardship determination ......................................... 2-268 Procedure established ........................................... 2-266 Termination of deferment ....................................... 2-269 STORAGE Health and sanitation ........................................... 5-135 et seq. See: HEALTH AND SANITATION Zoning ............................................................. 10-275 et seq. See: ZONING STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Businesses ........................................................ 4-312 et seq. See: BUSINESSES Motor vehicles and traffic Snowmobiles Method of crossing streets and highways ................ 6-59 Public ways and property ....................................... 8-19 et seq. See: PUBLIC WAYS AND PROPERTY Subdivisions ...................................................... 9-100 et seq. See: SUBDIVISIONS Zoning ............................................................. 10-760 et seq. See: ZONING SUBDIVISIONS Administration and enforcement Appeal to district court ....................................... 9-169 Exceptions, planning commission recommendations, standards .................................................. 9-167 Nonplatted subdivisions ...................................... 9-166 Procedures ...................................................... 9-168 Violations and penalties ...................................... 9-170 Approvals necessary for acceptance of subdivision plats ... 9-2 Building permits ................................................. 9-4 Conditions for recording ........................................ 9-3 Definitions ........................................................ 9-6 Design standards Blocks ........................................................... 9-98 Easements ...................................................... 9-102 Erosion and sediment control ................................ 9-103 Lots .............................................................. 9-99 Minimum design features .................................... 9-107 Parkland dedication requirements .......................... 9-106 Protected areas ................................................ 9-105 Public works design manual ................................. 9-97 Sidewalks and trails .......................................... 9-101 Storm drainage ................................................ 9-104 Streets and alleys ............................................. 9-100 Zoning consistency ............................................ 9-108 CODE INDEX Section CDi:35 SUBDIVISIONS (Cont'd.) Exceptions ........................................................ 9-5 Plat and data requirements Certification required ......................................... 9-68 Concept plan ................................................... 9-65 Final plat ....................................................... 9-67 Modifications to approved final plans ....................... 9-69 Preliminary plat ............................................... 9-66 Procedures for filing and review of subdivisions CIC plats ....................................................... 9-35 Combination of preliminary and final plat approval ...... 9-34 Concept plan ................................................... 9-31 Effect of subdivision approval ............................... 9-36 Final plat ....................................................... 9-33 Preliminary plat ............................................... 9-32 Premature subdivisions ....................................... 9-37 Regional system service inadequacies ...................... 9-38 Purpose ............................................................ 9-1 Required improvements and charges Cable installation .............................................. 9-141 Election by city to install improvements ................... 9-138 Exceptions ...................................................... 9-136 Future street improvements and charges .................. 9-133 General provisions ............................................ 9-130 Monuments ..................................................... 9-131 Public utilities ................................................. 9-137 Sanitary sewer and water improvements and charges ... 9-134 Stormwater improvements and charges .................... 9-135 Street improvements .......................................... 9-132 Topsoil and sodding ........................................... 9-140 Trees required for new subdivisions ........................ 9-139 Zoning ............................................................. 10-468 et seq. See: ZONING SWIMMING POOLS Buildings and construction ..................................... 3-89 et seq. See: BUILDINGS AND CONSTRUCTION T TAXATION Emergency management Emergency management tax; account ...................... 2-295 TELECOMMUNICATIONS Public ways and property Right-of-way management Registration of telecommunications users ............... 8-229 TOBACCO AND TOBACCO PRODUCTS Businesses ........................................................ 4-279 et seq. See: BUSINESSES PRIOR LAKE CODE Section CDi:36 TOWERS AND ANTENNAS Zoning ............................................................. 10-289 et seq. See: ZONING TREES AND SHRUBBERY Health and sanitation ........................................... 5-60 et seq. See: HEALTH AND SANITATION Subdivisions Required improvements and charges Trees required for new subdivisions ...................... 9-139 Zoning ............................................................. 10-724 et seq. See: ZONING TRESPASSING Zoning Performance standards Signs Allowed signs; no sign permit required No trespass signs ...................................... 10-789(i) TRUCKS AND TRAILERS Zoning Use districts Land use definitions and conditions Temporary sales trailers ................................. 10-314 U UTILITIES Subdivisions Required improvements and charges Public utilities ............................................... 9-137 Zoning Overlay districts Floodplains Utilities, railroads, roads, and bridges ................. 10-469 Generally ................................................ 10-469(a) V VEGETATION Zoning Overlay districts Shoreland regulations Shoreland alterations Vegetation alterations ................................. 10-436(1) W WATER AND SEWERS Public ways and property ....................................... 8-91 et seq. See: PUBLIC WAYS AND PROPERTY CODE INDEX Section CDi:37 WATER AND SEWERS (Cont'd.) Subdivisions Required improvements and charges Sanitary sewer and water improvements and charges . 9-134 Zoning ............................................................. 10-242 et seq. See: ZONING WEEDS AND BRUSH Health and sanitation Property maintenance Weeds ......................................................... 5-204 WEIGHTS AND MEASURES Zoning Administration Rules of construction Measurement .............................................. 10-22(12) Performance standards Landscaping, bufferyards, trees, and fences Fences and walls Provisions supplemental; measurement ............. 10-729(a) Y YARDS AND OPEN SPACES Zoning ............................................................. 10-236 et seq. See: ZONING Z ZONING Administration Chapter overview .............................................. 10-20 Interpretation .................................................. 10-21 Official maps Effect; appeals ............................................... 10-78 Appeals .................................................... 10-78(b) Effect ....................................................... 10-78(a) Official map defined ........................................ 10-75 Preparation and filing of maps ............................ 10-77 Proceedings .................................................. 10-76 Initiation ................................................... 10-76(a) Notice and hearing ....................................... 10-76(d) Reference to planning commission .....................10-76(c) Sketch maps and reports ................................ 10-76(b) Purpose ....................................................... 10-74 Public hearings ................................................ 10-23 Purpose and intent ............................................ 10-19 Findings and purpose ...................................... 10-19(a) Implementation ............................................. 10-19(b) Rules of construction .......................................... 10-22 Application ................................................... 10-22(10) PRIOR LAKE CODE Section CDi:38 ZONING (Cont'd.) Conflicts ...................................................... 10-22(5) Definitions ................................................... 10-22(1) Diagrams ..................................................... 10-22(7) Effect ......................................................... 10-22(2) Grammar ..................................................... 10-22(4) Jurisdiction and authority ................................. 10-22(9) Measurement ................................................ 10-22(12) Mixed use .................................................... 10-22(11) Presumptions ................................................ 10-22(3) Reference ..................................................... 10-22(6) Separability .................................................. 10-22(8) Signage for facilities of regional significance Cancellation ................................................. 10-108 Definitions ................................................... 10-102 Findings ...................................................... 10-101 Lapse of sign permit ........................................ 10-107 Maintenance ................................................. 10-106 Performance standards ..................................... 10-103 Architectural materials .................................. 10-103(d) Glare ....................................................... 10-103(g) Illumination ............................................... 10-103(e) Location .................................................... 10-103(a) Off-premises directional sign permitted ...............10-103(b) Separation of signs ....................................... 10-103(h) Setbacks ................................................... 10-103(f) Sign area .................................................. 10-103(c) Purpose ....................................................... 10-100 Removal of signs ............................................ 10-109 Sign permit requirements .................................. 10-104 Application ................................................ 10-104(b) Generally .................................................. 10-104(a) Sign plan requirements .................................... 10-105 Terms defined .................................................. 10-50 City departments and officers Community development department; community develop- ment director; zoning administrator; building official 2-143 Overlay districts Floodplains Administration .............................................. 10-471 Conditional uses .......................................... 10-471(d) Duties ...................................................... 10-471(a) Permit application requirements ....................... 10-471(b) Variances .................................................. 10-471(c) Amendments ................................................. 10-474 Floodplain designation; restrictions on removal ...... 10-474(a) Map revisions require ordinance amendments ....... 10-474(c) Required approval ........................................ 10-474(b) Continuance of nonconformities ........................... 10-472 CODE INDEX Section CDi:39 ZONING (Cont'd.) Flood Fringe District (FF) ................................. 10-466 Conditional uses .......................................... 10-466(c) Permitted uses ............................................ 10-466(a) Standards for flood fringe conditional uses ........... 10-466(d) Standards for flood fringe permitted uses ............. 10-466(b) Floodplain districts ......................................... 10-464 Applicability ............................................... 10-464(b) Critical facilities location ................................ 10-464(g) Establishment ............................................. 10-464(a) Hydraulic capacity ....................................... 10-464(e) Materials storage ......................................... 10-464(f) Minimum development standards ...................... 10-464(d) Permit required ........................................... 10-464(c) Floodway District (FW) ..................................... 10-465 Conditional uses .......................................... 10-465(c) Permitted uses ............................................ 10-465(a) Standards for floodway conditional uses .............. 10-465(d) Standards for floodway permitted uses ................ 10-465(b) General Floodplain District (GF) ......................... 10-467 Permitted uses ............................................ 10-467(a) Procedures for determining floodway boundaries and base flood elevations ................................ 10-467(b) General provisions .......................................... 10-463 Abrogation and greater restrictions .................... 10-463(c) Annexations ............................................... 10-463(f) Definitions ................................................. 10-463(e) Incorporation of maps by reference ....................10-463(b) Lands to which division applies ........................ 10-463(a) Warning and disclaimer of liability .................... 10-463(d) Manufactured homes and recreational vehicles ......... 10-470 Manufactured homes ..................................... 10-470(a) Recreational vehicles ..................................... 10-470(b) Statutory authorization, findings of fact, and purpose . 10-462 Purpose .................................................... 10-462(b) Statutory authorization .................................. 10-462(a) Subdivision standards ...................................... 10-468 Utilities, railroads, roads, and bridges ................... 10-469 On-site water supply and sewage treatment systems 10-469(c) Public transportation facilities ......................... 10-469(b) Utilities .................................................... 10-469(a) Violations and penalties .................................... 10-473 Enforcement ............................................... 10-473(c) Other lawful action ....................................... 10-473(b) Violation constitutes a misdemeanor ..................10-473(a) Planned unit developments Allowed uses ................................................. 10-507 Amendments ................................................. 10-514 Major amendments ....................................... 10-514(2) Minor amendments ....................................... 10-514(1) PRIOR LAKE CODE Section CDi:40 ZONING (Cont'd.) Concept plan ................................................. 10-511 Definition .................................................... 10-503 Fees and reimbursements for city costs ..................10-516 Final PUD plan ............................................. 10-513 Application for a final PUD plan ....................... 10-513(b) Conditions of approval by the city council for a final PUD plan ............................................. 10-513(d) Effect of approval by the city council of a final PUD plan .................................................... 10-513(e) Procedure for approval of a final PUD plan ........... 10-513(c) Requirements ............................................. 10-513(a) Findings ...................................................... 10-505 Flexibility .................................................... 10-506 Density transfer .......................................... 10-506(4) District integration ....................................... 10-506(5) Efficiency .................................................. 10-506(3) Sensitivity ................................................. 10-506(2) Variety ..................................................... 10-506(1) Minimum PUD eligibility requirements .................10-509 Additional requirements ................................. 10-509(c) Exception to ten-acre requirement .....................10-509(b) Minimum size requirement ............................. 10-509(a) Overlay ....................................................... 10-502 Preliminary PUD plan ..................................... 10-512 Application for preliminary PUD plan approval ...... 10-512(b) Effect of approval by the city council of a preliminary PUD plan ............................................. 10-512(d) Procedure for approval of a preliminary PUD plan .. 10-512(c) Required ................................................... 10-512(a) Zoning map amended .................................... 10-512(e) PUD submission requirements and procedures ......... 10-510 Purpose ....................................................... 10-504 Review standards ........................................... 10-508 Treatment of former PUD districts ....................... 10-517 PUDs adopted between 1999 and April 1, 2021 ...... 10-517(b) PUDs adopted prior to 1999 .............................10-517(a) Vote approving PUD ........................................ 10-515 Shoreland regulations Designation of types of land use .......................... 10-434 Shoreland district ........................................ 10-434(b) Shoreland management classification .................10-434(a) General provisions .......................................... 10-433 "Riparian" defined ........................................ 10-433(c) Policy ....................................................... 10-433(b) Statutory authorization .................................. 10-433(a) Overlay ....................................................... 10-432 Planned unit developments (PUDs) ...................... 10-439 Application for a PUD ................................... 10-439(a) Conversions ............................................... 10-439(e) CODE INDEX Section CDi:41 ZONING (Cont'd.) Maintenance and design criteria ....................... 10-439(d) Residential and commercial PUD density evaluation 10-439(c) Site suitable area evaluations .......................... 10-439(b) Shoreland alterations ....................................... 10-436 Placement and design of roads, driveways and park- ing areas .............................................. 10-436(3) Stormwater management ................................ 10-436(4) Topographic alterations/grading and excavation ..... 10-436(2) Vegetation alterations .................................... 10-436(1) Special provisions for commercial, industrial, public/ semi-public, agricultural and forestry ............... 10-437 Agriculture use standards ............................... 10-437(b) Forest management standards ..........................10-437(c) Standards for commercial, industrial, public, and semi-public uses ..................................... 10-437(a) Water supply and sewage treatment .....................10-438 Sewage treatment ........................................ 10-438(b) Water supply .............................................. 10-438(a) Zoning provisions ........................................... 10-435 Additional special provisions ............................ 10-435(6) Bluff impact zones and bluff setbacks ................. 10-435(3) Engineering reports required ........................... 10-435(4) Impervious surface coverage ............................ 10-435(5) Island development ....................................... 10-435(8) Placement, design, and height of structures .......... 10-435(7) Sewered lakes, lot area, width and setback require- ments .................................................. 10-435(2) Unsewered lakes, lot area, width and setback require- ments .................................................. 10-435(1) Performance standards Agricultural and residential performance standards A Agricultural dimensional standards ................... 10-602 Introduction .................................................. 10-600 Lighting ...................................................... 10-608 General provisions ....................................... 10-608(b) Outdoor recreational lighting ........................... 10-608(c) Purpose .................................................... 10-608(a) R-1 Low Density Residential dimensional standards .. 10-604 R-2 Medium Density Residential dimensional standards 10-605 R-3 High Density Residential dimensional standards . 10-606 R-S Rural Subdivision dimensional standards .......... 10-603 Required yards/open space; yard encroachments ....... 10-607 Residential performance standards ....................... 10-601 Accessory structures ..................................... 10-601(7) Curbs ....................................................... 10-601(3) Dwellings .................................................. 10-601(1) Pedestrian access ......................................... 10-601(6) Recreational equipment ................................. 10-601(5) Undergrounding .......................................... 10-601(2) PRIOR LAKE CODE Section CDi:42 ZONING (Cont'd.) Vehicle storage ............................................ 10-601(4) Architectural design Commercial, business park and industrial design standards ................................................ 10-704 Building design ........................................... 10-704(7) Exterior surface materials of buildings ................10-704(6) Noise-producing developments .......................... 10-704(2) Roofs and parts of building equipment ................ 10-704(1) Screening of outside storage areas .....................10-704(3) Utility service structures and equipment ............. 10-704(4) Utility services ............................................ 10-704(5) Multifamily design standards ............................. 10-703 Building design ........................................... 10-703(6) Exterior surface materials of buildings ................10-703(5) Noise-producing developments .......................... 10-703(2) Roofs and parts of building equipment ................ 10-703(1) Utility service structures and equipment ............. 10-703(3) Utility services ............................................ 10-703(4) Purpose ....................................................... 10-702 Town Center design standards ............................ 10-705 Building design ........................................... 10-705(5) Exterior surface materials of buildings ................10-705(4) Roofs subject to projects of residentially zoned lots .. 10-705(1) Utility service structures and equipment ............. 10-705(2) Utility services ............................................ 10-705(3) Commercial and town center performance standards C Commercial restrictions and performance standards 10-636 C-1 Neighborhood Business dimensional standards .... 10-639 Lots adjacent to residential zoning districts .......... 10-639(b) Minimum requirements .................................. 10-639(a) C-2 General Business dimensional standards ........... 10-640 Lots adjacent to residential zoning districts .......... 10-640(b) Minimum requirements .................................. 10-640(a) C-3 Business Park dimensional standards .............. 10-641 Minimum requirements .................................. 10-641(a) Required setbacks ........................................ 10-641(b) Introduction .................................................. 10-635 Lighting ...................................................... 10-643 General provisions ....................................... 10-643(b) Outdoor recreational lighting ........................... 10-643(c) Purpose .................................................... 10-643(a) TC Town Center dimensional and design standards ... 10-637 Design standards ......................................... 10-637(2) Dimensional standards .................................. 10-637(1) TC-T Transitional Town Center purpose, permitted uses, standards ......................................... 10-638 Dimensional standards .................................. 10-638(e) Permitted uses ............................................ 10-638(b) Purpose .................................................... 10-638(a) CODE INDEX Section CDi:43 ZONING (Cont'd.) Redevelopment of existing structures and uses ...... 10-638(d) Uses permitted by conditional use permit ............. 10-638(c) Yard encroachments ........................................ 10-642 General performance standards Compliance required ........................................ 10-563 Plat and plans ............................................ 10-563(c) Public works design manual (PWDM) ................. 10-563(b) This chapter ............................................... 10-563(a) Grading, filling, land reclamation, excavation .......... 10-568 Conditional use permit .................................. 10-568(b) Exception .................................................. 10-568(c) Grading and excavating permit required .............. 10-568(a) Height limitations .......................................... 10-566 Lot provisions ............................................... 10-564 Principal buildings ....................................... 10-564(a) Twinhome ................................................. 10-564(b) No sewer and water ........................................ 10-565 Pedestrian access ........................................... 10-567 Purpose and effect ........................................ 10-567(a) Required linkage to trails ............................... 10-567(b) Industrial performance standards Compliance .................................................. 10-675 I-1 Industrial performance standards .................... 10-676 Access to industrial uses ................................ 10-676(7) Enclosed structure ........................................ 10-676(1) Industrial property abutting a property line of property zoned for residential use ............................ 10-676(8) Manufacture of product .................................. 10-676(3) Outdoor public address systems ........................10-676(10) Processes and equipment of goods ..................... 10-676(2) Property access ........................................... 10-676(4) Setback of industrial buildings ......................... 10-676(11) Storage area, display or parking of vehicle ........... 10-676(5) Temporary permit for extended hours of outdoor operation .............................................. 10-676(9) Utility service lines ...................................... 10-676(6) Industrial dimensional standards ......................... 10-677 Lighting ...................................................... 10-679 General provisions ....................................... 10-679(b) Outdoor recreational lighting ........................... 10-679(c) Purpose .................................................... 10-679(a) Yard encroachments ........................................ 10-678 Landscaping, bufferyards, trees, and fences Bufferyards .................................................. 10-727 Additional bufferyard requirements ................... 10-727(d) Determination of required bufferyard .................10-727(c) Exceptions to bufferyard requirements ................ 10-727(h) Identification of detailed bufferyard requirements ... 10-727(e) Party responsible for installation of bufferyard ...... 10-727(g) PRIOR LAKE CODE Section CDi:44 ZONING (Cont'd.) Plant materials ........................................... 10-727(f) Purpose .................................................... 10-727(a) Required locations for bufferyards ..................... 10-727(b) Compliance .................................................. 10-724 Fences and walls ............................................ 10-729 Fence regulations ......................................... 10-729(c) Fences and walls in agricultural, residential and transitional town center zoning districts ......... 10-729(f) Fences and walls in commercial and industrial zoning districts ............................................... 10-729(g) Fences and walls in town center zoning district ...... 10-729(h) Permit required for fences ............................... 10-729(b) Permit required for walls ................................ 10-729(d) Provisions supplemental; measurement ............... 10-729(a) Wall regulations .......................................... 10-729(e) Landscaping and screening ................................ 10-726 Application ................................................ 10-726(c) Calculation of requirements, credits and sizes ....... 10-726(e) General provisions and landscape requirements ..... 10-726(d) Grounds and lawns ....................................... 10-726(g) Maintenance standards .................................. 10-726(h) Other screening ........................................... 10-726(f) Performance guarantee .................................. 10-726(i) Plan review standard .................................... 10-726(b) Purpose .................................................... 10-726(a) Submission requirements ................................ 10-726(j) Required yards/open space ................................. 10-725 Traffic visibility ............................................. 10-730 Tree preservation and restoration ........................ 10-728 Acceptable species ........................................ 10-728(c) Applicability ............................................... 10-728(g) Application ................................................ 10-728(b) Entry on private property and interference with inspection ............................................. 10-728(f) Intent and purpose ....................................... 10-728(a) Tree preservation permit process ....................... 10-728(e) Tree preservation plan approval required ............. 10-728(d) Parking, loading spaces and driveways Design and maintenance of off-street parking areas ... 10-761 Accessible parking spaces ............................... 10-761(d) Access ...................................................... 10-761(a) Bufferyards ................................................ 10-761(l) Curbs ....................................................... 10-761(j) Drainage ................................................... 10-761(g) Landscaping ............................................... 10-761(k) Lighting .................................................... 10-761(h) Maintenance of off-street parking space ............... 10-761(o) Parking space abutting R zoning districts ............ 10-761(n) Parking spaces ............................................ 10-761(c) CODE INDEX Section CDi:45 ZONING (Cont'd.) Setbacks ................................................... 10-761(b) Surfacing .................................................. 10-761(f) TC parking standards .................................... 10-761(p) Traffic islands ............................................. 10-761(i) Turnaround ............................................... 10-761(e) Yards ....................................................... 10-761(m) Driveways .................................................... 10-766 Number of required off-street parking spaces ........... 10-762 Commercial uses .......................................... 10-762(2) Industrial uses ............................................ 10-762(3) Residential uses .......................................... 10-762(1) Off-street loading facilities ................................ 10-765 Access ...................................................... 10-765(e) Definitions ................................................. 10-765(b) Location .................................................... 10-765(c) Qualifications for loading zone, dock ................... 10-765(a) Screening .................................................. 10-765(g) Size ......................................................... 10-765(d) Storage ..................................................... 10-765(h) Surfacing .................................................. 10-765(f) Visibility ................................................... 10-765(i) Off-street parking areas .................................... 10-760 Assessments ............................................... 10-760(f) Benches in places of assembly ..........................10-760(d) Calculating space for a compound use ................. 10-760(i) Calculating space ......................................... 10-760(e) Control of off-site parking facilities .................... 10-760(j) Conversion of attached garage space .................. 10-760(m) Design capacity ........................................... 10-760(c) Floor area .................................................. 10-760(b) Joint parking facilities ................................... 10-760(k) Location of parking facilities ............................ 10-760(h) Reduction of existing off-street parking space ........ 10-760(a) Use of parking area ...................................... 10-760(l) Use of parking facilities ................................. 10-760(g) Parking bonuses ............................................. 10-764 Proof of parking ............................................. 10-763 Purpose and intent ......................................... 10-759 Intent ...................................................... 10-759(a) Purpose .................................................... 10-759(b) Signs Allowed signs; no sign permit required .................. 10-789 Address signs ............................................. 10-789(b) Building markers ......................................... 10-789(c) Community event permit signs ......................... 10-789(d) Construction signs ........................................ 10-789(e) Development signs ....................................... 10-789(f) Election signs ............................................. 10-789(g) Employment opportunity signs .........................10-789(h) PRIOR LAKE CODE Section CDi:46 ZONING (Cont'd.) Generally .................................................. 10-789(a) No trespass signs ......................................... 10-789(i) Noncommercial on-premises signs .....................10-789(j) Real estate signs .......................................... 10-789(k) Residential nameplate signs ............................ 10-789(l) Seasonal signs ............................................ 10-789(m) Strings of lights ........................................... 10-789(n) Wetland buffer signs ..................................... 10-789(o) Window signs ............................................. 10-789(p) Yard sale signs ............................................ 10-789(q) Allowed signs; permit required ............................ 10-790 Canopy signs .............................................. 10-790(b) Generally .................................................. 10-790(a) Menu board signs ......................................... 10-790(c) Off-premises identification signs ....................... 10-790(e) Off-premises regional directional signs ................ 10-790(d) Subdivision identification signs ........................ 10-790(f) Annual signs; permit required ............................ 10-793 Banner signs .............................................. 10-793(b) Generally .................................................. 10-793(a) Sandwich board signs .................................... 10-793(c) Calculating sign area ....................................... 10-796 Individual letters ......................................... 10-796(b) Sign face ................................................... 10-796(a) Definitions ................................................... 10-787 Exempt signs ................................................ 10-788 Findings and purpose ...................................... 10-786 Findings ................................................... 10-786(a) Purpose .................................................... 10-786(b) Freestanding signs; permit required ..................... 10-792 Changeable copy signs ................................... 10-792(b) Electronic message signs (dynamic display signs) ... 10-792(c) Generally .................................................. 10-792(a) Place of assembly signs .................................. 10-792(d) Pylon signs ................................................ 10-792(e) General sign regulations ................................... 10-797 Illuminated signs ......................................... 10-797(4) Interference ............................................... 10-797(2) Public property/right-of-way ............................ 10-797(3) Setbacks ................................................... 10-797(1) Lapse of sign permit ........................................ 10-801 Maintenance ................................................. 10-800 Prohibited signs ............................................. 10-795 Removal of signs ............................................ 10-802 Removal by city ........................................... 10-802(a) Removal process .......................................... 10-802(b) Snipe signs ................................................ 10-802(c) Sign permit requirements .................................. 10-798 Application ................................................ 10-798(c) CODE INDEX Section CDi:47 ZONING (Cont'd.) Banner and sandwich board signs ..................... 10-798(b) Exemptions ................................................ 10-798(d) Permit required ........................................... 10-798(a) Sign plan requirements .................................... 10-799 Temporary signs; permit required ........................ 10-794 Balloon sign ............................................... 10-794(b) Generally .................................................. 10-794(a) Inflatable signs ........................................... 10-794(c) Portable signs ............................................. 10-794(d) Special event sign ........................................ 10-794(e) Streamers/pennant signs/feather flag .................. 10-794(f) Street banner signs ...................................... 10-794(g) Wall signs; permit required ................................ 10-791 Awning signs .............................................. 10-791(b) Changeable copy signs ................................... 10-791(c) Generally .................................................. 10-791(a) Home occupation signs ................................... 10-791(d) Marquee signs ............................................ 10-791(e) Multi-business building signs ........................... 10-791(f) Place of assembly signs .................................. 10-791(g) Projecting signs ........................................... 10-791(h) Procedures Amendments Amendments to official maps .............................. 10-934 Effect ....................................................... 10-934(g) Initiation of amendment ................................. 10-934(b) Notice and hearing ....................................... 10-934(e) Preparation and filing of maps ......................... 10-934(f) Purpose and intent ....................................... 10-934(a) Reference to planning commission .....................10-934(d) Sketch maps and reports ................................ 10-934(c) Amendments to the comprehensive plan and land use map ...................................................... 10-933 Adoption ................................................... 10-933(g) Application ................................................ 10-933(b) City council action ........................................ 10-933(f) Metropolitan council review ............................. 10-933(c) Planning commission review ............................ 10-933(e) Public hearing and notice ............................... 10-933(d) Purpose and intent ....................................... 10-933(a) Amendments to this chapter or zoning map ............. 10-932 Adoption ................................................... 10-932(g) Applications for amendments to the text of this chapter ................................................ 10-932(c) Applications for amendments to the zoning map ..... 10-932(b) City council action ........................................ 10-932(f) Fees for rezoning and amendments to the text ....... 10-932(h) Initiation of proceedings ................................. 10-932(a) Policy for amendments ................................... 10-932(i) PRIOR LAKE CODE Section CDi:48 ZONING (Cont'd.) Public hearing and notice ............................... 10-932(d) Review of amendments .................................. 10-932(e) Standards and procedures governing amendments ..... 10-931 Appeals Appeal from a decision of the city council ...............10-960 Appeal from a decision of the planning commission/ board of adjustment and appeals .................... 10-958 Appeal hearing ............................................ 10-958(b) Decision .................................................... 10-958(c) Filing notice of appeal ................................... 10-958(a) Appeal from a decision of the zoning administrator .... 10-959 Appeal hearing ............................................ 10-959(b) Decision .................................................... 10-959(c) Right to appeal from the decision of the zoning administrator ........................................ 10-959(a) Effect of appeal .............................................. 10-962 Procedure or method to appeal ............................ 10-957 Standard of review .......................................... 10-961 Building permits and certificates of occupancy Building permits ............................................ 10-1012 Certificate of occupancy .................................... 10-1014 Application and information required .................10-1014(d) Issuance of a certificate of occupancy ..................10-1014(e) Required for use or occupation ......................... 10-1014(a) Responsibility ............................................. 10-1014(c) Revocation of a certificate of occupancy ...............10-1014(f) Uses requiring certificates of occupancy ...............10-1014(b) Certificates of surveys as part of building permit applications ............................................. 10-1013 Conditional and interim use permits Conditional use permits .................................... 10-876 Application for a conditional use permit .............. 10-876(e) Assent form ............................................... 10-876(h) Cancellation after one year, new construction required 10-876(l) Cancellation after one year, no construction required 10-876(k) Cancellation if use discontinued ........................ 10-876(n) Cancellation upon occurrence of certain events ...... 10-876(m) Conditional use performance standards in the floodplain district .................................... 10-876(d) Conditional use performance standards in the shore- land district .......................................... 10-876(c) Extension of time of cancellation ....................... 10-876(o) Filing ....................................................... 10-876(i) Modifications .............................................. 10-876(g) Procedure for consideration of a conditional use permit ................................................. 10-876(f) Purpose and intent ....................................... 10-876(a) Reimbursement of city costs ............................ 10-876(p) Revocation of conditional use permits .................10-876(j) CODE INDEX Section CDi:49 ZONING (Cont'd.) Standards for conditional uses .......................... 10-876(b) Continuation of certain conditional use permits ........ 10-877 Conditional use permit uses now conditional uses ... 10-877(d) Conditional use permit uses now nonconforming uses 10-877(e) Conditional use permit uses now permitted with conditions ............................................. 10-877(c) Conditional use permit uses now permitted .......... 10-877(b) Purpose .................................................... 10-877(a) Interim use permits ........................................ 10-878 Process ..................................................... 10-878(b) Purpose and intent ....................................... 10-878(a) Standards and procedures governing conditional and interim use permits .................................... 10-875 Enforcement, penalty and fees Enforcement ................................................. 10-983 Enforcement and penalties .............................. 10-983(b) Mediation .................................................. 10-983(c) Misdemeanor .............................................. 10-983(a) Fees ........................................................... 10-984 Conditions where reimbursement is authorized ...... 10-984(d) Establishment of fees .................................... 10-984(a) Procedure for reimbursement ........................... 10-984(e) Refund of fees ............................................. 10-984(b) Reimbursement for city costs ........................... 10-984(c) Site plan review Purpose and intent; uses subject to review procedure; application; site plan approval, building permit ... 10-848 Application for site plan review ........................ 10-848(c) Building permits .......................................... 10-848(e) Procedure for approval of a site plan .................. 10-848(d) Purpose and intent ....................................... 10-848(a) Uses subject to the site plan review procedure ....... 10-848(b) Variances Standards and procedures governing variances ........ 10-905 Variances to the provisions of the chapter ...............10-906 Applications for variances ............................... 10-906(b) Assent form ............................................... 10-906(i) Board of adjustment decides variances ................ 10-906(c) Conditions ................................................. 10-906(h) Decision on variance ..................................... 10-906(f) Duration and enforcement .............................. 10-906(n) Expiration of variance ................................... 10-906(l) Extension of variance .................................... 10-906(m) Limitations ................................................ 10-906(g) Notice of hearing ......................................... 10-906(d) Reimbursement of city costs ............................ 10-906(o) Revocation of a variance ................................. 10-906(k) Statutory authority ....................................... 10-906(a) Time of decision on variance ............................ 10-906(e) PRIOR LAKE CODE Section CDi:50 ZONING (Cont'd.) Variance must be recorded .............................. 10-906(j) Subdivisions Design standards Zoning consistency .......................................... 9-108 Use districts Communication towers Abandoned or unused towers or portions of towers .... 10-381 Accessory equipment shelters ............................. 10-380 Application and scope ...................................... 10-372 Building permit required .................................. 10-373 Co-location ................................................... 10-382 Definitions ................................................... 10-371 Design ........................................................ 10-379 Exceptions ................................................... 10-383 Height restrictions .......................................... 10-375 Exceptions ................................................. 10-375(c) Height determination .................................... 10-375(a) Maximum height ......................................... 10-375(b) Lighting ...................................................... 10-377 Purpose and intent ......................................... 10-370 Setbacks and siting ......................................... 10-376 Signs and advertising ...................................... 10-378 Zoning districts .............................................. 10-374 Districts and maps Designation of annexed property ......................... 10-165 Floodway and floodplain ................................. 10-165(b) Shoreland district ........................................ 10-165(c) Zoning of land ............................................. 10-165(a) Districts established ........................................ 10-161 Generally .................................................. 10-161(a) Interpretation of R-S, R-1, R-2 and R-3 districts as residential ............................................ 10-161(b) Official maps ................................................. 10-163 Zoning district boundaries ................................. 10-164 Land uses .................................................. 10-164(a) Lot of record ............................................... 10-164(b) Structure .................................................. 10-164(c) Zoning map .................................................. 10-162 Land use definitions and conditions Accessory apartment ....................................... 10-214 Definition .................................................. 10-214(a) Zoning districts and conditions ......................... 10-214(b) Accessory structure ......................................... 10-215 Definition .................................................. 10-215(a) Zoning districts and conditions ......................... 10-215(b) Adult uses .................................................... 10-216 Definition .................................................. 10-216(a) Zoning districts and conditions ......................... 10-216(b) CODE INDEX Section CDi:51 ZONING (Cont'd.) Agriculture and forestry ................................... 10-217 Definition .................................................. 10-217(a) Zoning districts and conditions ......................... 10-217(b) Animal handling ............................................ 10-218 Definition .................................................. 10-218(a) Zoning districts and conditions ......................... 10-218(b) Appliance and small engine repair ....................... 10-219 Definition .................................................. 10-219(a) Zoning districts and conditions ......................... 10-219(b) Auto body/painting .......................................... 10-220 Definition .................................................. 10-220(a) Zoning districts and conditions ......................... 10-220(b) Bank .......................................................... 10-221 Definition .................................................. 10-221(a) Zoning districts and conditions ......................... 10-221(b) Bed and breakfast establishment ......................... 10-222 Definition .................................................. 10-222(a) Zoning districts and conditions ......................... 10-222(b) Bicycle sales and repair .................................... 10-223 Definition .................................................. 10-223(a) Zoning districts and conditions ......................... 10-223(b) Boarders, keeping of ........................................ 10-224 Definition .................................................. 10-224(a) Zoning districts and conditions ......................... 10-224(b) Boat slips, city ............................................... 10-225 Definition .................................................. 10-225(a) Zoning district and conditions .......................... 10-225(b) Boat slips, personal ......................................... 10-226 Definition .................................................. 10-226(a) Zoning districts and conditions ......................... 10-226(b) Brewer taproom ............................................. 10-228 Definition .................................................. 10-228(a) Zoning districts and conditions ......................... 10-228(b) Brewpub ...................................................... 10-227 Definition .................................................. 10-227(a) Zoning districts and conditions ......................... 10-227(b) Building improvement trades ............................. 10-229 Definition .................................................. 10-229(a) Zoning districts and conditions ......................... 10-229(b) Business services ............................................ 10-230 Definition .................................................. 10-230(a) Zoning districts and conditions ......................... 10-230(b) Car wash ..................................................... 10-231 Definition .................................................. 10-231(a) Zoning districts and conditions ......................... 10-231(b) Cemeteries ................................................... 10-232 Definition .................................................. 10-232(a) Zoning districts and conditions ......................... 10-232(b) PRIOR LAKE CODE Section CDi:52 ZONING (Cont'd.) Cluster housing ............................................. 10-233 Definition .................................................. 10-233(a) Zoning districts and conditions ......................... 10-233(b) Cocktail room ................................................ 10-234 Definition .................................................. 10-234(a) Zoning districts and conditions ......................... 10-234(b) Community centers ......................................... 10-235 Definition .................................................. 10-235(a) Zoning districts and conditions ......................... 10-235(b) Contractor yard ............................................. 10-236 Definition .................................................. 10-236(a) Zoning districts and conditions ......................... 10-236(b) Controlled access lot ........................................ 10-237 Definition .................................................. 10-237(a) Zoning districts and conditions ......................... 10-237(b) Convention and exhibition center ......................... 10-238 Definition .................................................. 10-238(a) Zoning districts and conditions ......................... 10-238(b) Data center .................................................. 10-239 Definition .................................................. 10-239(a) Zoning districts and conditions ......................... 10-239(b) Day care, commercial (includes child care programs as defined by state statute) .............................. 10-240 Definition .................................................. 10-240(a) Zoning districts and conditions ......................... 10-240(b) Day care, family (includes family day care and group family day care as defined by state statute) ........ 10-241 Definition .................................................. 10-241(a) Zoning districts and conditions ......................... 10-241(b) Dedicated waterfront ....................................... 10-242 Definition .................................................. 10-242(a) Zoning districts and conditions ......................... 10-242(b) Defined terms and requisites applicable to division .... 10-213 Dry cleaning ................................................. 10-243 Definition .................................................. 10-243(a) Zoning districts and conditions ......................... 10-243(b) Dwelling, multifamily ...................................... 10-244 Definition .................................................. 10-244(a) Zoning districts and conditions ......................... 10-244(b) Dwelling, single-family attached Rowhome .................................................. 10-245 Definition ............................................... 10-245(a) Zoning districts and conditions .......................10-245(b) Twinhome ................................................. 10-246 Definition ............................................... 10-246(a) Zoning districts and conditions .......................10-246(b) Dwelling, single-family detached .......................... 10-247 Definition .................................................. 10-247(a) Zoning districts and conditions ......................... 10-247(b) CODE INDEX Section CDi:53 ZONING (Cont'd.) Electrical utility substations .............................. 10-248 Definition .................................................. 10-248(a) Zoning districts and conditions ......................... 10-248(b) Exclusive liquor store ...................................... 10-249 Definition .................................................. 10-249(a) Zoning districts and conditions ......................... 10-249(b) Expansion of nonconforming use in town center ........ 10-250 Definition .................................................. 10-250(a) Zoning districts and conditions ......................... 10-250(b) Freight terminal ............................................ 10-251 Definition .................................................. 10-251(a) Zoning districts and conditions ......................... 10-251(b) Funeral home ................................................ 10-252 Definition .................................................. 10-252(a) Zoning districts and conditions ......................... 10-252(b) Golf course ................................................... 10-253 Definition .................................................. 10-253(a) Zoning districts and conditions ......................... 10-253(b) Gun range, indoor ........................................... 10-254 Definition .................................................. 10-254(a) Zoning districts and conditions ......................... 10-254(b) Heavy equipment and specialized vehicle sale, rental and service .............................................. 10-255 Definition .................................................. 10-255(a) Zoning districts and conditions ......................... 10-255(b) Home occupations ........................................... 10-256 Definition .................................................. 10-256(a) Zoning districts and conditions ......................... 10-256(b) Hospital ...................................................... 10-257 Definition .................................................. 10-257(a) Zoning districts and conditions ......................... 10-257(b) Hotel/motel ................................................... 10-258 Definition .................................................. 10-258(a) Zoning districts and conditions ......................... 10-258(b) Library ....................................................... 10-259 Definition .................................................. 10-259(a) Zoning districts and conditions ......................... 10-259(b) Manufacturing/processing ................................. 10-260 Definition .................................................. 10-260(a) Zoning districts and conditions ......................... 10-260(b) Marina, commercial ......................................... 10-261 Definition .................................................. 10-261(a) Zoning districts and conditions ......................... 10-261(b) Marina, recreational ........................................ 10-262 Definition .................................................. 10-262(a) Zoning districts and conditions ......................... 10-262(b) Medical/dental laboratories ................................ 10-263 Definition .................................................. 10-263(a) Zoning districts and conditions ......................... 10-263(b) PRIOR LAKE CODE Section CDi:54 ZONING (Cont'd.) Medical/dental office ........................................ 10-264 Definition .................................................. 10-264(a) Zoning districts and conditions ......................... 10-264(b) Microdistillery ............................................... 10-265 Definition .................................................. 10-265(a) Zoning districts and conditions ......................... 10-265(b) Mining ........................................................ 10-266 Definition .................................................. 10-266(a) Zoning districts and conditions ......................... 10-266(b) Motor fuel stations .......................................... 10-267 Definition .................................................. 10-267(a) Zoning districts and conditions ......................... 10-267(b) Motor vehicle sales .......................................... 10-268 Definition .................................................. 10-268(a) Zoning districts and conditions ......................... 10-268(b) Motor vehicle service and repair .......................... 10-269 Definition .................................................. 10-269(a) Zoning districts and conditions ......................... 10-269(b) Nurseries and greenhouses ................................ 10-270 Definition .................................................. 10-270(a) Zoning districts and conditions ......................... 10-270(b) Nursing home ............................................... 10-271 Definition .................................................. 10-271(a) Zoning districts and conditions ......................... 10-271(b) Office ......................................................... 10-272 Definition .................................................. 10-272(a) Zoning districts and conditions ......................... 10-272(b) Outdoor sales/display ....................................... 10-273 Definition .................................................. 10-273(a) Zoning districts and conditions ......................... 10-273(b) Outdoor seating ............................................. 10-274 Definition .................................................. 10-274(a) Zoning districts and conditions ......................... 10-274(b) Outdoor storage, Class II .................................. 10-276 Definition .................................................. 10-276(a) Zoning districts and conditions ......................... 10-276(b) Outdoor storage, Class I ................................... 10-275 Definition .................................................. 10-275(a) Zoning districts and conditions ......................... 10-275(b) Park/recreation .............................................. 10-281 Definition .................................................. 10-281(a) Zoning districts and conditions ......................... 10-281(b) Parking lot, freestanding ................................... 10-277 Definition .................................................. 10-277(a) Zoning districts and conditions ......................... 10-277(b) Parking lot, on-site .......................................... 10-278 Definition .................................................. 10-278(a) Zoning districts and conditions ......................... 10-278(b) CODE INDEX Section CDi:55 ZONING (Cont'd.) Parking ramp ................................................ 10-279 Definition .................................................. 10-279(a) Zoning districts and conditions ......................... 10-279(b) Parks/open space ............................................ 10-280 Definition .................................................. 10-280(a) Zoning districts and conditions ......................... 10-280(b) Place of assembly ........................................... 10-282 Definition .................................................. 10-282(a) Zoning districts and conditions ......................... 10-282(b) Pole building ................................................. 10-283 Definition .................................................. 10-283(a) Zoning districts and conditions ......................... 10-283(b) Police/fire station/ambulance .............................. 10-284 Definition .................................................. 10-284(a) Zoning districts and conditions ......................... 10-284(b) Printing process ............................................. 10-285 Definition .................................................. 10-285(a) Zoning districts and conditions ......................... 10-285(b) Private entertainment, indoor ............................. 10-286 Definition .................................................. 10-286(a) Zoning districts and conditions ......................... 10-286(b) Private entertainment, outdoor ........................... 10-287 Definition .................................................. 10-287(a) Zoning districts and conditions ......................... 10-287(b) Public service structure .................................... 10-288 Definition .................................................. 10-288(a) Zoning districts and conditions ......................... 10-288(b) Radio transmitters, microwave and communication towers ................................................... 10-289 Definition .................................................. 10-289(a) Zoning districts and conditions ......................... 10-289(b) Recreational dome .......................................... 10-290 Definition .................................................. 10-290(a) Zoning districts and conditions ......................... 10-290(b) Recycling center ............................................. 10-291 Definition .................................................. 10-291(a) Zoning districts and conditions ......................... 10-291(b) Research and testing laboratories ........................ 10-292 Definition .................................................. 10-292(a) Zoning districts and conditions ......................... 10-292(b) Restaurants and clubs/lodges .............................. 10-293 Definition .................................................. 10-293(a) Zoning districts and conditions ......................... 10-293(b) Retail ......................................................... 10-294 Definition .................................................. 10-294(a) Zoning districts and conditions ......................... 10-294(b) School, business/trade ...................................... 10-296 Definition .................................................. 10-296(a) Zoning districts and conditions ......................... 10-296(b) PRIOR LAKE CODE Section CDi:56 ZONING (Cont'd.) School, pre-K—12 ........................................... 10-295 Definition .................................................. 10-295(a) Zoning districts and conditions ......................... 10-295(b) Self-service storage facility ................................ 10-297 Definition .................................................. 10-297(a) Zoning districts and conditions ......................... 10-297(b) Senior housing with services establishment .............10-299 Definition .................................................. 10-299(a) Zoning districts and conditions ......................... 10-299(b) Senior housing ............................................... 10-298 Definition .................................................. 10-298(a) Zoning districts and conditions ......................... 10-298(b) Service ........................................................ 10-300 Definition .................................................. 10-300(a) Zoning districts and conditions ......................... 10-300(b) Shopping center ............................................. 10-301 Definition .................................................. 10-301(a) Zoning districts and conditions ......................... 10-301(b) Showroom .................................................... 10-302 Definition .................................................. 10-302(a) Zoning districts and conditions ......................... 10-302(b) Small brewer ................................................ 10-303 Definition .................................................. 10-303(a) Zoning districts and conditions ......................... 10-303(b) Stable, commercial .......................................... 10-304 Definition .................................................. 10-304(a) Zoning districts and conditions ......................... 10-304(b) Stable, private ............................................... 10-305 Definition .................................................. 10-305(a) Zoning districts and conditions ......................... 10-305(b) State-licensed nonresidential facility ..................... 10-307 Definition .................................................. 10-307(a) Zoning districts and conditions ......................... 10-307(b) State-licensed residential facility ......................... 10-306 Definition .................................................. 10-306(a) Zoning districts and conditions ......................... 10-306(b) Studio ......................................................... 10-308 Definition .................................................. 10-308(a) Zoning districts and conditions ......................... 10-308(b) Temporary agricultural commodities ..................... 10-309 Definition .................................................. 10-309(a) Zoning districts and conditions ......................... 10-309(b) Temporary construction structure ........................ 10-310 Definition .................................................. 10-310(a) Zoning districts and conditions ......................... 10-310(b) Temporary on-site equipment and material storage .... 10-311 Definition .................................................. 10-311(a) Zoning districts and conditions ......................... 10-311(b) CODE INDEX Section CDi:57 ZONING (Cont'd.) Temporary outdoor sales ................................... 10-312 Definitions ................................................. 10-312(a) Zoning districts and conditions ......................... 10-312(b) Temporary pollution abatement structures and equip- ment ..................................................... 10-313 Definition .................................................. 10-313(a) Zoning districts and conditions ......................... 10-313(b) Temporary sales trailers ................................... 10-314 Definition .................................................. 10-314(a) Zoning districts and conditions ......................... 10-314(b) Temporary seasonal structures or temporary seasonal cabins .................................................... 10-315 Definition .................................................. 10-315(a) Zoning districts and conditions ......................... 10-315(b) Transportation facility ..................................... 10-316 Definition .................................................. 10-316(a) Zoning districts and conditions ......................... 10-316(b) Warehouse/storage/distribution ........................... 10-317 Definition .................................................. 10-317(a) Zoning districts and conditions ......................... 10-317(b) Waste hauler ................................................. 10-318 Definition .................................................. 10-318(a) Zoning districts and conditions ......................... 10-318(b) Wholesale .................................................... 10-319 Definition .................................................. 10-319(a) Zoning districts and conditions ......................... 10-319(b) Wind generators ............................................. 10-320 Definition .................................................. 10-320(a) Zoning districts and conditions ......................... 10-320(b) Land use generally General provisions .......................................... 10-186 Land uses not listed ...................................... 10-186(b) Land uses .................................................. 10-186(a) Land use table ............................................... 10-185 Restrictions .................................................. 10-187 Nonconformities Applicable state statutes; general requirements ........10-345 Applicable state statutes ................................ 10-345(a) General requirements .................................... 10-345(b) Expansion of a nonconforming restaurant use .......... 10-349 Authorization ............................................. 10-349(d) Definitions ................................................. 10-349(c) Findings ................................................... 10-349(b) Purpose .................................................... 10-349(a) Nonconforming property ................................... 10-346 Buildable conditions ...................................... 10-346(a) Combine lots .............................................. 10-346(d) Existing structure ........................................ 10-346(c) PRIOR LAKE CODE Section CDi:58 ZONING (Cont'd.) Lot of record Generally ................................................ 10-346(e) Shoreland ............................................... 10-346(f) Nonconformity as a result of government action ..... 10-346(g) Purpose .................................................... 10-346(b) Nonconforming structure .................................. 10-348 Generally .................................................. 10-348(a) Permitted construction ................................... 10-348(c) Reduction in intensity ................................... 10-348(d) Termination of rights through discontinuance ........ 10-348(b) Nonconforming uses ........................................ 10-347 Generally .................................................. 10-347(a) Permitted construction ................................... 10-347(c) Reduction in intensity ................................... 10-347(d) Termination of rights through discontinuance ........ 10-347(b) Purpose ....................................................... 10-344 CODE INDEX Section CDi:59