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4646 Dakota Street S.E.
Prior Lake, MN 55372=1714
CITY OF PRIOR LAKE
ORDINANCE NO. 109-05
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP AND SECTIONS 1101,
1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, AND 1113 OF
THE ZONING ORDINANCE
The City Council of the City of Prior Lake does hereby ordain:
1. In accordance with Minnesota Statute Law, the Planning Commission has held
public hearings regarding these amendments to the Zoning Ordinance and Zoning
Map on April 14, 2008; May 12, 2008; June 24, 2008; December 22, 2008; and
February 9, 2009.
2. The City Council has considered the advice and recommendation of the Planning
Commission, City Staff, and others pertaining to the Zoning Ordinance and Zoning
Map for the City of Prior Lake.
3. The City Council makes the specific findings set forth in Exhibit A attached hereto.
4. The document entitled Draft Zoning Ordinance, dated May 18, 2009, attached
hereto as Exhibit A is hereby adopted and hereby replaces the Prior Lake Zoning
Ordinance Sections 1101.100 through 1113.1000.
5. This ordinance shall become effective on June 1, 2009 and after its passage and
publication.
Passed by the City Council of the City of Prior Lake this 18t" day of May, 2009.
ATTEST:
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City M g r ay
Published in the Prior Lake American on the 30t" day of May, 2009.
www. cityofpriorlake. com
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Phone 952.447.9800 /Fax 952.447.4245
EXHIBIT A FINDINGS OF FACT
The City Council finds it necessary to regulate land by:
a) Providing for land uses that are permitted in the City.
b) Regulating the location of land uses that are permitted in the City.
c) Regulating dimensional standards relating to height, floor area ratio, side yard
abutments, minimum lot width, front yard setbacks, front and rear yard depth
requirements, and housing density.
d) Imposing performance standards on land uses that regulate, in part, vibration, glare and
heat, industrial waste material, noise, air pollution, outside storage, traffic, hours of
operation, outdoor activity, parking, utilities, vehicular access, light, landscaping,
bufferyards, signage and proximity to other uses.
2. Further, the City Council finds that these regulations are reasonable and relate to promoting
a legitimate government interest.
3. The City Council finds, based upon its experience and judgment, public testimony, advice
and recommendation of City staff, the Planning Commission, and other expert opinion, that in
certain circumstances, land use regulations, including, but not limited to, regulating permitted,
accessory, permitted with conditions, and permitted as conditional uses, and requiring
compliance with dimensional and performance standards do not provide sufficient protection to
the health, welfare and safety of the citizens of the City to protect against nuisances.
4. The City Council has the authority to prohibit new land uses in the City which are detrimental
to the health, safety and welfare of the citizens, inconsistent with the goals, objectives and
policies set forth in the Comprehensive Plan, cause diminution in property values, spread of
urban blight, or are a nuisance.
5. The City Council has the authority under its statutory police powers to enact reasonable
legislation to preserve and protect the health, welfare, and safety of the community and to
prohibit certain land uses in the City that the Council reasonably believes may have adverse
effects on surrounding neighborhoods and property values or are a nuisance.
6. The City Council finds that in order to promote the health, welfare and safety of the
community, to maintain property values and to implement the goals and policies of the
Comprehensive Plan, it is necessary to:
a) Rezone certain properties consistent with the goals, objectives and policies set forth in
the Comprehensive Plan;
b) Prohibit the establishment of new land uses in the city which have the likelihood of
creating impacts generally associated with public nuisances;
c) Impose performance standards on commercial and industrial uses based upon the
proximity of the commercial and industrial use to other uses; and
d) Impose conditions on the expansion, enlargement, intensification and reconstruction of
nonconforming uses.
7. Further, the City Council finds that actions set forth in Finding 6 (a-d) are necessary and
reasonably related to promoting legitimate government interests.
8. The Zoning Ordinance establishes land uses that are permitted in the City either as
permitted uses, uses permitted with conditions, or uses permitted with conditional use permits.
9. The City Council finds that uses classified as permitted uses are those that do not have the
tendency to create significant noise, vibration, odor, dust, fumes, emissions, heavy traffic, glare,
crime, diminution in property values, urban blight or unpleasant aesthetics; but that from time to
time it may be necessary to amend the zoning ordinance relating to uses that are permitted in
the City.
10. The City Council finds it necessary to eliminate and prohibit certain land uses that are
incompatible within the nature and character of the City, incompatible with surrounding
neighborhoods and are inconsistent with the goals set forth in the Comprehensive Plan.
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