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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..
M:I000NCILIORDINANC120091109-05 Zoning Ordinance w-~oai~lip~}ake.com
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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SUMMARY OF ORDINANCE 109-05, THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF PRIOR LAKE
The comprehensive Zoning Ordinance for the City of Prior Lake is a new zoning ordinance and
is intended to regulate and guide current and future development in the City. The ordinance
consists of thirteen major sections as follows:
Section 1 General Provisions
Section 2 Use District Regulations
Section 3 Overlay Districts
Section 4 Shoreland District Regulations
Section 5 Flood Plain District Regulations
Section 6 Planned Unit Developments
Section 6A Flexible Development in Areas with High and Moderate Quality Natural
Communities
Section 7 General Performance Standards
Section 8 Conditional Use Permits, Variances and Amendments
Section 9 Administration Procedures
Section 10 Communication Towers
Section 11 Adult Uses
Section 12 Official Maps
Section 13 Signage for Facilities of Regional Significance
The following is a summary of each major section of the ordinance.
Section 1: General Provisions. In this section, the City Council finds it necessary to establish
minimum requirements to protect the public health, safety, morals, comfort, convenience and
general welfare of the people. Major changes to this Section include the following:
• Various definitions were added (Accessory Apartment, Condominium, Dwelling-Single
Family Attached, Dwelling-Single Family Detached, Model Home, New Construction,
Remodel, Sales Trailer, Stable-Commercial, Stable-Private, School, Townhouse).
• The specific definitions for types of signs (i.e.: construction, real estate, etc) are
referenced by section and instead relocated in the sign portion of the Code (Section
1107.400).
• Sales Trailer was added as a Temporary Use.
• The Land Use Descriptions were rearranged to be in alphabetical order.
• Land Use Descriptions were added/revised (Contractor Yard, Copy Shop, Printing
Process, and Transportation Facility).
Section 2: Use District Regulations. This section contains the requirements for eleven Use
Districts in the City. These districts are:
A Agricultural
R-S Rural Subdivision Residential
R-1 Low Density Residential
R-2 Medium Density Residential
R-3 High Density Residential
TC Town Center
TC-T Transitional Town Center
C-1 Neighborhood Commercial
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C-2 General Business
C-3 Business Park
I-1 Generallndustrial
In each district, specific land uses are permitted, permitted with conditions, permitted with
conditional use permits, permitted through the Planned Unit Development process, or permitted
as accessory uses. The Use District regulations also specify specific performance standards
which must be met, as well as dimensional standards including lot area, lot width, building and
parking setbacks, floor area ratio, and height limits.
The purpose of the "A" Agricultural Use 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.
The purpose of the "R-S" Rural Subdivision Residential Use 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 Use District provides for other uses which are compatible with the overall low density of these
areas and which will serve the residential neighborhood.
The purpose of the "R-1" Low-Density Residential Use District is to provide areas where the
emphasis is on single-family residential development. The Use District provides for other uses
which are compatible with the overall low-density of these areas and which will serve the
residential neighborhood.
The purpose of the "R-2" Medium-Density Residential Use District is to provide for areas with a
mixture of single family and two family dwellings at a higher density. The Use District also
provides for other uses which are compatible with the development in the area and still maintain
the overall medium density.
The purpose of the "R-3" High-Density Residential Use District is to provide for multi-family
residential uses of the highest intensity, along with supportive uses of similar intensity.
The purpose of the "TC" Town Center Use District is to provide for a variety of commercial 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 purpose of the "TC-T" Transitional Town Center Use 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 will only be permitted if it
conforms to the uses allowed in the "TC" Town Center Use District
The purpose of the "C-1" Neighborhood Commercial Use District is to provide for low intensity,
service-oriented commercial uses for surrounding residential neighborhoods. Limits will be
placed on the type, size and intensity of commercial uses in this district to insure and protect
compatibility with adjacent residential areas.
The purpose of the "C-2" General Business Use District is to allow the concentration of general
commercial development for the convenience of the public and a mutually beneficial
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relationship to each other; to provide space for community facilities and institutions that
appropriately may be located in commercial areas; to provide adequate space to meet the
needs of modern commercial development, including off-street parking and truck loading areas;
to minimize traffic congestion; and to carefully regulate the intensity of commercial development
as it refers to both internal site factors and external impacts.
The purpose of the "C-3" Business Park Use 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 business park within the City, to preserve the taxable
value of property and to promote the public health, safety and welfare.
The "I-1" General Industrial Use District is intended to provide areas of the community which will
allow general industrial uses which, due to their size and nature, would not conform to the "C-5"
Business Park Use District.
Major changes to this Section include the following:
• Accessory Apartment was added as a use in all residential districts and the agricultural
district.
• The R-2 (Low-Medium Density Residential) and R-3 (Medium Density Residential) Districts
were combined into a single medium density residential district (new R-2 Medium Density
Residential).
• Accessory structure regulations (under the Residential Performance Standards) were
changed including allowance for a maximum size of 1,000 feet total square feet or 30% of
the rear yard as well as additional criteria.
• The C-2 (Community Business) and C-4 (General Business) Use Districts were combined
into a single General Business Use District (new C-2 General Business).
• Car Wash regulations were added as a separate use in the C-1 and new C-2 Districts.
• The C-3 (Specialty Business) Use District was renamed the TC (Town Center) Use District
in accordance with the 2030 Comprehensive Plan Map. Additional design guidelines were
added to the TC District.
• The TC-T (Transitional Town Center) Use District was created to correspond with the
Transitional Town Center Classification under the 2030 Comprehensive Plan Map.
• Convention Halls, Outdoor Sales (Display), Private Entertainment (Indoor), Marinas, and
Animal Handling uses in the newly proposed C-2 District now require Conditional Use
Permits
• Contractors Yard use conditions were added to the I-1 Industrial Use District.
• Parking setbacks and structure setbacks were added/revised for the commercial and
industrial use districts.
Section 3: Overlay Districts. This section lists the 3 overlay districts allowed by the Ordinance.
Overlay districts are Use Districts that encompass one or more underlying Use Districts and
that impose additional requirements above that required by the Use District.
Section 4: Shoreland Regulations. The Legislature of Minnesota has delegated responsibility
to the municipalities of the State to regulate the subdivision, use and development of the
shorelands of public waters and thus preserve and enhance the quality of surface waters,
preserve the economic and natural environmental values of shorelands, and provide for the
wise utilization of waters and related land resources. Major changes to this Section include the
following:
• Additional language added to specify the necessary requirements for the geotechnical
engineering report needed for all construction within a buff impact zone or bluff setback.
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Legally existing water-oriented accessory
to the process for replacement decks.
Various minor language changes were
approved Public Works Design Manual.
structures are allowed to be replaced similar
made to create consistency with the newly
Section 5: Flood Plain Regulations. The purpose of the Flood Plain regulations is to regulate
development in areas subject to flooding in order to minimize the potential loss of life, property
and health and to minimize safety hazards, disruption of commerce and governmental services
and impairment of the tax base.
Section 6: Planned Unit Developments. The purpose of this section is to allow the creation of
Planned Unit Developments that allow greater flexibility in the development of a parcel by
tailoring the development to the site and neighborhood. This section outlines the Planned Unit
Development process and criteria, the minimum requirements, and the allowed modifications.
Section 6A: Flexible Development in Areas with High and Moderate Quality Natural
Communities. The purpose of flexible development is to preserve and protect the specified
High and Moderate Quality Natural Communities.
Section 7: General Performance Standards. This section contains rules and regulations which
may apply to certain properties or certain types of developments in the City. Major changes to
this Section include the following:
• Hard surface driveways are required for accessory structures that have potential access
to a public or private street.
• All temporary, portable, and banner signs were given the same display timeframe (30
days, 3 times per year).
Section 8: Conditional Use Permits, Variances and Amendments. This section establishes the
criteria and the procedures for obtaining a conditional use permit and a variance. It also
establishes criteria and procedures for amendments to the Zoning Ordinance, the Zoning Map
and the Comprehensive Plan. Major changes to this Section include the following:
• Addition of a public hearing requirement for revocation of a Condition Use Permit and
Variance
• Changes are proposed to the variance findings of fact language to increase similarity
with the Minnesota Statutes
Section 9: Administration Procedures. The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance.
Section 10: Communication Towers. This section outlines the general requirements and
restriction for communication antennas and towers within the City.
Section 11: Adult Uses. 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 Section is not intended to restrict or regulate art.
Section 12: Official Maps. This section defines Official Maps according to Minnesota Statutes,
and establishes the procedures for the adoption of an official map. Major changes to the Zoning
Map include the following:
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In a limited number of cases, properties were adjusted from one Zoning District to
another to make the density consistent with the new density standards approved with
the 2030 Comprehensive Plan.
The TC-T Transitional Town Center Use District was added in conformance with the
2030 Comprehensive Plan.
Section 13: Signage for Facilities of Regional Significance. The purpose of this ordinance is
to establish standards to encourage the effective use of off-premise signs as a means of
directing vehicular and pedestrian traffic to Facilities of Regional Significance.
A complete text of the newly adopted zoning ordinance can be found at City Hall or in the
Document Center on the City of Prior Lake Website on or after June 1, 2009.
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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:
In accordance with Minnesota
Statute Law, the Planning Commis-
sion has held public hearings.re-
garding these amendments to the Affidavit of P u b l i eati o n
Zoning Ordinance and Zoning Map
on Apri114, 2008; May 12, 2008; June ~+
~u, ~009De00C9mber22,2008;andFeb- SouthWeSt Newspapers
The City Council has consid-
ered the advice and recommenda-
tion of the Planning Commission, State Of MlnneSOta)
City Staff, and others pertaining to
the Zoning Ordinance and Zoning )SS,
Map for the City of Prior Lake.
The CityCouncilmakesthespe- county Of Se®tt }
cific findings set forth in Exhibit A
attached hereto.
The document entitled Draft
Zoning Ordinance, dated May 18, Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
2009, attached hereto as Exhibit A
is hereby adopted and hereby re- agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
places the Prior Lake Zoning Ordi- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
nance Sections 1101.100 through follows:
1113.1000.
This ordinance shall become (A) These newspapers have complied with the requirements constituting qualification as a legal
effective on June 1, 2009 and after newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
its passage and publication. amended.
Passed by the City Council of
the City of Prior Lake this 18t'' day of .7 ~ ,~ 9
May, 2009. (B) The printed public notice that is attached to this Affidavit and identified as No.
ATTEST: was published on the date or dates and in the newspaper stated in the attached Notice and said
City Manager Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
Mayor the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
EXHIBIT A FINDINGS OF FACT inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
The City Council finds it neces- and publication of the Notice:
sary to regulate land by:
Providing for land uses that are
permitted in the City. abcdefghijkhnnopgrst~ yz
Regulating the location of land
uses that are permitted in the City. d-' ` 1 ~ o ~!y ,~ ~ _ ~/y ~ ~
Regulating dimensional stan- By~f ~~lf~ "'~` ~~ ~i~~` 1 ~"1 ~'~
dards relating to height, floor area
ratio, sideyardabutments,minimum ~---- f Laurie A. Hartmann
lot width, front yard setbacks, front
and rear yard depth requirements,
and housing density.
Imposingperformancestandards Subscribed and sworn before me on
on land uses that regulate, in part,.
vibration, glare and heat, industrial
waste material, noise, air pollution,
outside storage, traffic, hours of op- this ts~- day of '=~~~ ~~% , 2009
eration, outdoor activity, parking,
utilities, vehicularaccess, light, land-
scaping, bufferyards, signage and ~f-~
proximity to other uses. JYMME J. BARK
Further, the City Council finds ~'
that these regulations are reasonable v ~ ~ ~~ NOTARY PUBLIC -MINNESOTA
and relate to promoting a legitimate + ~,~ My Commission Expires 01/31/2D13
government interest. Not P ` lic
The City Council finds, based ' ~`~
upon its experience and judgment,
public testimony, advice and recom-
mendation ofCity staff, the Planning
Commission, and other expert opin-
ion, that in certain circumstances, RATE INFORMATION.
land use regulations, including, but
not limited to, regulating permitted, Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
accessory,permittedwithconditions, Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
and permitted as conditional uses,
and requiring compliance with di- Rate actually charged for the above matter .............................................. $12.43 per column inch
mensional and performance stan-
dards do not provide sufficient pro-
tection to the health, welfare and
safety of the citizens of the City to
protect against nuisances.
The City Council has the author-
ity to prohibit new land uses in the
City which are detrimental to the
health, safety and welfare of the citi-
zens, inconsistent with the goals, ob-
jectives and policies set forth. in the
Comprehensive Plan, cause diminu-
tion in property values, spread of ur-
ban blight, or are a nuisance.
The City Council has the author-
ity under its statutory police powers
to enact reasonable legislation to pre-
__serve and protect the health, welfare,