HomeMy WebLinkAbout87-007CITY OF PRIOR LAKE
ORDINANCE NO. 87. -07
AN ORDINANCE AMENDING CITY OF PRIOR LAKE ORDINANCE NO. 83 -6 and PRIOR
LAKE CITY CODE TITLE 5.
The Council of the City of Prior Lake does hereby ordain:
I
Sections 1, 2, 3, 4, 5,, 6, 7, and 8 of the Prior Lake Zoninq
Ordinance are hereby amended to include the following lanqua9s:
* SEE SECTION 9 SHORELAND DISTRICT FOR ADDITIONAL
REQUIREMENTS OF THIS SECTION
Chapters 1, Z, 3, 4, 5, and -6 Title 5 of Prior Lake City Coda are
hereby amended to include the followinq language:
* SEl CHAPTER'$, SHORELAND.DISTRICT, FOR ADDITIONAL
REQUIREMENTS OF,THIS SECTION
The:Zoninq Ordinancc Contents of the Prior Lake Zoninq ordinance is
hereby amended to, inuludi the followinq:.
SECTION 9 - SHORELAND DISTRICT
9.1 General Provisions
9.2 Designation of Types of Land Use
*; 9.3 Zoninq :Provisions,
9.4 "' Shoreland Alterations
9.5 Sewagi Treattent
9.6: Bator Suppply`., ,
907 „ Subdivisions
9..8 Notification Procedures
9.9 - Effective Data _
Thn' title, page for Title 5� of Prior Lake .:City Coda is hereby amended
- to,, add: "Shorelina jibintrict - Chapter 8 ":
!t % V
Tha Zoninq `Map "ferr to ., in 'Section 2.1 ' of the : Prior Lake -Zoninq
Ordinance and_,S,e,.tion 5 -2 =1 of Prior Lake City Code is hereby, amended
to include the Shoreland District.
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VI. r
The Zoning Districts referred to in Section 2.2 of the Prior Lake,
Zoning,,Ordinance and Section 5 -2 -2 of Prior Lake City Code , hereby
amended to include the S -D Shoreland. District in the listing of
districts and defined as follows:
S - S -D Shoreland District . is - established to protect water and
shoreland resources from unwise development and water r'
pollution and to- - preserve economic and natural
environmental qualities of the shoreland`environmsnt. Land
located within the following distances from protected
waters is considered 'to be within the Shoreland. District;
1000 feat from the ordinary high water mark of a lake,`
pond, or.flowage, and 300 feet from a river or str or
the landward extent of a flood plain on such river er
stream, whichever is greater.'.
VII.
Section 2.4 - 'of the Prior Lake Zoning Ordinance is hereby amended to
read as follows
DISTRICT REQUIREICENTS Except for Planned Unit fl
f Devalo �aents, all buildings and uses. in each district shall
be subject to the requirements listed under Sections 3
through 9. Planned Unit Development standards may be
ld owner and °at the 'discretion of -the City r cnncil. Where �I
applied to an Residential D'istricts.at
Planned Unit Development standards differ -from the original <.
v
district standards,.the Planned Unit�Devslopment standards
shall apply.
VIII.; o lfl
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Section 4.2, Lot and Yard Requirements,' of the Prior Lake Zoning ,I
ordinance, and Section 5 -4 -1, Lot and Yard Requirements, of Prior
Lake City Code, are hereby amended by adding the following:
S -D Shored SEE SECTION 9 - MORELAND DISTRICT FOR x
ADDITIONAL REQUIREMENTS OF THIS "SECTION
IX',
A Section 9 - Shoreland District is hereby added.to the Prior Lake {
Zoning
Ordinance to read as follows..
,SECTION 9 - "MORELAND DISTRICT
9.1 GENERAL PROVISIONS:
f I
(A) STATUTORY AUTHORIZATION': This Ordinanc is adopted.
pursuant the authorization contained in the laws of _.
Minnesota 1973, Chapter 379, and in furtherance of thte
policies declared in Minnesota Statutes 1976, Chapters
105, 115, 116 and 462
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3LICY: The uncontrolled use of shorelands of the City
E Prior Lake affects the public health, safety and
aneral welfare not only by contributing to pollution of
ablic waters, but also by impairing the local tax base.
lerefore, it is ,in the best interests of the public
aalth, safety and welfare to provide for the wise
avelopment of shorelands of public waters. The
agislature of Minnesota has delegated responsibility to
is municipalities of the state to regulate the
abdivision, use and development of the shorelands of
ablic waters and thus preserve and enhance the quality
E.surface waters, preserve the economic and natural
Rvironmental. values of shorelands, and for the
is* utilization of waters and related land resources.
As responsibility is hereby recognized by the City of - TM`
rior �IA
EP'INITIONS: For the purpose of this Ordinance, certain ;
iris or words used herein shall be interpreted as
ollows: The word "shall" is. sand ' ato , •not permissive.
11 distances unless otherwise specified shall be
masured horizontally. The term "front" refers to the
BOATHOUSE - 7► structure used;solly for the storage of
'e boats or boating equipment.,
BUILDING LINE That line measured.across the width`of
the lot at the point where 'thp' front of the principal
structure is placed in accordance with the setback
provisions.
CLEAR CUTTING - The removal of an entire stand of trees.
CLUSTER D MMLO - Considered to be a typo of Planned ;
Unit Development and is subject to th same review
criteria,
CONDIT12ML USE - A use which, because of special
problems of control, requires reasonable limitations
peculiar to the use for the protection the public
welfare and the integrity of the Comprehensive Plan.
GOVERNING BODY - The City Council by whatever name W
known. ,.
$Q Iitp - The property - in question cannot be put to
reasonable use under the conditions allowed by the
r official controls; the plight of the landowner is due to
circumstances unique to or her property, not created `
by the landowner; and the variance, if granted, will not
r alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship if
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dry. ald
a reasonable use for the property exists under terms of
the official controls,
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JA2T A piece, parcel or plot of land occupied or
capable of being occupied by one or more structures and
intended as a unit for transfer of ownership.
NATURAL VEGETATION Any tree greater than four (4)
inches in diameter and any ground cover. h
NONCONFORMiNg USE - Any use or arrangement of land or
structures ligally existing at the time of enactment of
this ordinance or any of ,its- amendments which does not
conform to the provisions of the Ordinance.
ORDINARY HIGH WATER NARK A mark delineating the
highest•water level which has been maintained for a
sufficient period of time to leave evidence upon the
landscape,:. The ordinar high Water mark is commonly that
point where the natural. vegetation changes from °.
predominantly aquatic to predominantly terrestrial.
1
" A type of development which
may rnwco rate a var ety cf , land_ uses planned and
developed as a unit. The Planned Unit Development is
.f distinguished I from the traditional subdivision. process I
{' of development in that zoning standards such as density,
height limits4 and ,minimum lot sixes may be altered by
negotiation and agreement bet roan, ';:he developer, -the
municipality and the CO mmissioner' cUNatural Resources. r
PLANK NG AGENCY - The Pl
i�, arming Commission or, Planning s.
Department as..greated by the governing• body;,
- M� TED WATERS - Any waters, of the Stat;,,s as defined in
ota Statutes 198 Section 105.37, Subdivision 14.
However, no lake, pond or flowage of less than tout (10)
acres in size and no river or stream having 'a total
" drainage area less than two (Z) square miles shall be
,regulated for the purposes of these. raqulatons.
PUBLIC MjiISANCE - Anything offensij�e or obnoxious to the
health, and welfare of the inhabitants of 'the City; or
any act or thing repugnant to, .or;creatinq a hazard to,
,.'. or having a detrimental effect on,`the property of j
another person or to the community.
SETBACK The minimum %horizontal distance between a
w
s tructure or s between , a ry acility ,.and` the ordinary high
structure,or sanitary facility
and a road, well, highway, or property lines.
SHORELAND - Land located-within the following distances '
from protected waters: (i) 1, 600 feet from the ordinary
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( high water mark of a lake, pond, or flowaget and (ii)
s.r 300 feet from a river'or stream, or the landward extent
of a flood plain on such rivers orstreams, whichever is
greater. The practical limits of shorelands may be less
than tho statutory limits where such limits are
designated by ,natural drainage divides at lesser
diatances, at shown on the official Zoning Map of the
City.
STRUCTURE Anything constructed or erected,: the use of
which requires a fixed location on tho� ground or, an
attachment of something having a fixed location on the
ground, 'including, in addition to buildings, billboards,
carports, porches, and other building` but not
including sidewalks, drives, fences and patios.
SUBDIVISION The division of a single lot, tract or
parcel of land, or a part thereof, into two (2) or more
lots,; tracts,or parcels of land; however, the division
a of land in parcels of more than five (5) acres having: -a
_width of not less than three hundred (300) feet shall
not be included.
} SUBSTANDARD USE - Any use of shorelands existing p rior
to the date of enactment of this .O rdinancs which is
permitted within the applicable zoning district but does
w not meet the minimum lot area and length or water
frontage, structure setbacks, or other dimansiona1
standards of the Ordinance,
t
A waiving by Board action of the literal
prbv s ons of the Zoning Ordinance in .instances wharf "
A ` their strict enforcement would, cause undue hardship
because of circumstances unique to the individual ;
property under•,consideration
* "Public Waiters" has, been changed to "Protected waters". All ;
regulations and rocuirements remain thw n ame, o nl y the name a s been
changed.
9.2 DESIGNATION OF TYPES OF LAND USE:,
`` ..
k (A) SHORE I,n: order to guide
the wise development and utilisation of shorelands of
protected waters for the preservation of water quality,
natural characteristics, economic walues•.and the general
health, safety and "welfare, certain protected waters in
the City have been given a shorsland management
classification.
These protected waters,of the City,have been ,classified
by the Commissioner of Natural Resources as follows:
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Natural
Environment Lakes
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i.D. No. ?
1.
Howard Lake
70 -73P
Township 114, 115N,
Range 22W,
Sections 5,
2.
Pike Lake
70 -76P
Township 115N, Range
22W,
Section 23
3.
Unnamed
70 -85
Township 115N, Ranch
22W,
Sections 33 34SW"
4.
Keup'a Ia'ke :jam/
70 -79W
Townships 115:x`, Range
22W,
Section 28 ;
5.
Hasp Lakej;�
70 -78
K
Township 115N, Range
22W,
Section. 27NW,
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6.
Unnamed
-
70 -77
Township-115 ,.Range
22W,
Section 27
a
Recreational
X.
DevelgMnt
Lakes
Dun X
ZiW
Karklo Lake
Y
70
Township 114N, Range
21, 22W,
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Sections 6, 1
2.
Unnamed
70 -53
s.
Township; 114, Range
22W,
°
Sections 1, 2
.
General
Devel2RUnt Lakes
DNR M. D. No.
1.
Spring Irks
70 -54P
Township;.114N, Range
22W,
Sections 3 - 5,'8 - 10
2.
Lower Picior Lake
' Township
70 =26P
115N, Range
21, 22,
Sections- 30 25, 26,,
35, 36
3.
Upper Prior Lake
70 -72P
Tpwnship..114,:;115N, Range 23N
'
Sections 2 -4, 34,. ;35
Natural
Environment Streams
j�gal Deecrintion
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None
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t (` Recreational Development Streams , Legal Descrbtion n
Nona
,general Development - Streams {', J"al Descritition
1 Unnamed (to Lower Prior Lake) SW,`1 /4 Section 35,,
General Development Twp. "!115N, Rge. 22W
2. Unnamed (to Upper Prior Lake) BE 1/4 Sec. 4 r
General Development S1t 1/4 Sac. 3,`
Tv". 114N, Age. 22W'
3. Unnamed Tributary , NE .1/4, 'Sec. 27,
General Development Sec. 23, BE 1/4
Seca 14, Twp. 115N,
Rg#: �2W
(B) MORELAND DISTRICT:,, The shorelands of the'City of Prior
Lake are hereby designated as a Shcreland;District. The
s purpose of the Shoreland Distrct_ provide fa.the
wire utilization of shoraland areas in °order to preserve
the quality and natural character of these protected
waters of the City.
x 1. Permitted Uses. All pe rmitted uses allowed and
regulated by the applicable Zoning District
underlying this Shoreland District as ind;tcated on
4, the official Zoning Map of the City.
2. Conditional Uses. 'All conditional uses and
applicable attached conditions allowed,and
regulated by the applicable Zoning District
underlying this Shoreland District as indicated on
the official Zoning Kap of the eity as °required
by Section 4 of this Ordinance.
3. Substandard Uses. Any uses of
shorelands in
existence prior-to the data of'nactment of this
Ordinance whic'i are permitted Vithin-the applicable
Zoning District., but do not meet the minimum lot
area, setbacks or other dimensional requirement's of
' this Ordinance I are substandard uses., •However, :a ny
l ' structural alteration or addition to'a use that
will increase the. substandard dimensions
substantially shall not be allowed.
4. Prohibited Uses. , , Any uses which are not Permitted'
or Conditional: Uses as re by the applicable
as
n indicatod on theeofticialhZoninq KapndofDarict„
City:
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J 9.3 ZO_ NINGy PROVISIONS :
(AY The Iklowing,aitandards shall apply to X11 shorelands of
the protected waters listed Section of this
Ordihance within the city. ', re the requirements � ot�. the
'on the``
tnde� lying Zoning Disi.rict as shown .t official
Zoning" Me- are more restrictive than those,` sat '.forth'
�' �• herein, •n the more rea rictive standards shall apply. ;
NATURAL 'RGRlJ1TION7IL GENERAL
ENVIRQNME2tT DEVELOPMENT DEVELOPMENT
S^LllT�BiS( ,: WATEP -
u Unss Bred, Areas:
Lit Area
3 Acres, 1 Acre 1 Acrd. Rr
�. Minin width, for water l
frontage lots:
a. at, ordinary : high
C water mark (ft.) 150 115 V5
b. at <�front setback,; '` 16
r 150 ,
„5 line ..(ft.) 100
Structure sstba6k�fran
`b
arilinary hgh+ mark
t- mob
Z 0.0
(ft.) 100' i `%
a,
` Structure setback from 100' from '100' from 1Q0' ' from
roads and highways (ft.) federal, federal; f•drasl� r�Z,
,,,,, measured from right of state and state and state 4,dd
count county, county,
way line 1� Y. �
, ZS' from 25' lriym 3'�"' from
municipal aunicpl municipal
or private or privatwA? or private
Structure height' 35 35 95
NI limitation (ft.)
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Maximum lot area covered 30 30 30
by impervious surface (3) f
`ti:,, 75 75 r
sewage,, system setback 150
�y ; from ordinary high water
mark (ft.)
�Sevrered 1►reas: �'�� '►i1 ;provsiofls for unsewerec areas s hall a ply to
pp
s�swsred areas except for the followin
provision g, which shall'
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�r ��i� k' supersede,th• s,, applied to unsewered
areas:
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'Lot Area (sq. ft.)
waterfront lots 40,000 15,000 15,000
other "lots 20,000 10,000 10,000
'.
Minimum width for water
JN frontage "Iots:
a. at ordinary high 125 75 75
water mark (ft.)
b. "°at front setbackl 150 90 90
line (ft.)
Minimum width for other .1001 s0 80
lots at front setback
line (ft.)
Structure setback from 150" 75 75
ordinary high water
mark (ft.)
tt
Structure setback from 5o! from 509 from 50' from
roads and highways (ft.) federal, federal, .federal,
measured from right of state and state and state and
way line county, county,' county,
25' from 25 from 25' from
municipal municipal municipal
or private or °private or private°
(B) SUBSTANDARD IMS
1. Lots of record in the office of the County Register
� +? of Deeds (or Registrar of Titles) prior to
'�'(
(date of enactment,, of
Ordinance) which do not meet the re iraents of
IE '
Section 3(A) may be allowed as building sites
`I provided:
a. such use,is` permitted in the Zoning District;
I
b.,, the minimum size and width of substandard water
frontage lots with public sewer shall be fifty
(50) feet in width and 7,500 square feet in
six*;
c. all substandard non -water frontage lots are
buildable provided that the minimum lot area is
°equal to or greater than 10,000 square feet;
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1 d. all other sanitary and setback requirements of
1`- the Zoning Ordinance have °been set insofar as
practical; and
r." e. the lot is in separate ownership from abutting
1' lots.
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2.
Any parson wishing to develop a substandard lot of
record which does not meet the standards outlined w ,
in items la. through a. may submit a variance rr'
application to the Hoard of Adjustment for review
and consideration.
(C) ROADS AND PARKING AREAS: Roads and parking areas shall
be
located to retard the runoff'of surface waters and
nutrients in accordance with the following criteria:
1.
whore feasible and practical, all roads and parking
areas shall meat the setback requirements-
established for structures in Section ;3(A) of this
ordinance. . v
Z.
In no instance shall these impervious surfaces be
placed loss than fifty '(50) feet from the ordinary
high water mark. (This does not include boat `J
ramps.)
3.
Boat ramps may be allowed in the Shoreland District
provided.thats
a. the boat ramp be no more than twelve (12) feet
in width=:
b. that no part of theramp extend more than ton
(10) "feat out into ,;the water or to "a depth of
greater than four (4) feet=
c. up to five (5) cubic yards of base materials
may be.used for the construction of a ramp.
4.
Natural vegetation, or other natural materials shall
be used to screen parking areas when viewed from
the water.
(D) ELEVATION OF LOWEST` FLOOR:
1.
Structures shall be placed at an elevation
consistent with the City's flood plain management i
controls.
Z.
In areas not regulated by flood plain management
controls the elevation to which the lowest floor,
including basements, shall be placid shall''be y
determined as follows: ;
F r
a. ' ' For lakes,` ponds and flowsges by '(.i) an
'
elevation of avallable flood information and
oonsatent with StatewidA standards °and
criteria for Management of Flood Pain Areas of
Minnesota or (i &)—in the event that, : the
100 -year flood plain elevation is not,
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available, may establish!ia building
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,
- elevation which is considered to be sate, by
utilizing all available data.
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b. For rivers and streams, by an evaluation of
available flood information and consistent with
Statewide Standards and Criteria for Management
of Flood Plain Areas of Minnesota.
(E) EXCEPTIONS TO STROCTURB SETBACK REQUIREMENTS:
m'
1. Setback requirements from the ordinary high water
mark shall not apply piers ' and docks. Location
of piers and docks shall be controlled by
applicable state and local regulations,
a °.
2. On undeveloped shoreland lots that have two (Z)
adjacent lots with existing principal structures on
both such adjacent dots, any new residential
structure may be set back the average setback of
the adjacent structures from the : ordinary high
water mark or fifty (501 feet whichever is
greater, provided all Other provisions,of the
5
Shoreland District are complied with.
3. Within the.Shoreland District, decks say be
constructed without variance provided that:'
a. it doss not,have walls or a roofs
b4 it does not exceed the existing structural
setback, ,requirenont by more than ism (i.e. 30
loot maximum for 200 foot setback requirement);
-c. there is an evaluation of the propertyy showing
that there is not some other reasonable
location for a deck that would comply with the
setback requirement..
9.4 SHORELAND ALTERATIONS:
(A) The removal of natural vegetation shall be restricted to
prevent erosion into protected - waters, to- consume
nutrients in the soil., and to preserve shoreland
aesthetics. Removal of natural vegetation in the
Shoreland District shall be subject to -the following
provisions:
1. Selective removal of natural vegetation is allowed,
provided that sufficient vegetation cover remains
to screen cars, dwellings and other structures when
viewed from the water.
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2. clear cutting of natural vegetation is prohibited.
However, selected removal of natural vegetation may
be allowed if incorporated in harmony with proposed
development.
I. Natural vegetation shall be restored insofar as .
'feasible immediately after any construction roject
3s completed to retard surface runoff and soil
erosion. The City Planner shall approve -a
restoration plan prior to any removal of natural
vegetation for any construction project.
4. The planting or cultivation of any species of
Non- sterile Purple'Yoostrife or other aquatic
plants as specified by the De artment of Natural
Resources, - is prohibited within the Shoreland
District.
S. The provisions of this section shall not apply to
permitted uses which normally require the removal
of natural vegetation. This includes the
installation of public utility lines and roads.
(B) Grading and filling in shoreland areas or any alteration
of the natural topography where the slope of the,land is
toward a protected water -or a watercourse leading; to a
protected eater must be authorised by a permit from the
City Planner. The permit may be granted subject to the
conditions that:
1, tho,smallest amount of bare ground is exposed for,
as short a tiako as feasible$`
2.- temporary ground cover, such as mulch or sod is
used until permanent ground cover, such as sod, is
established;
3. metbods to prevent erosion and trap sediment are
employed t _
4.`' fills stabilised to accepted engineering
standards.
° (C) Excavations on ihorelands where the intended purpose`is
connection to a protected water shall require a permit
from the City Planner before construction is, begun., Such
permit may. be obtained only after the Commissioner of
Natural Resources has issued a permit to work in the
beds of protected eaters.
(D) Any work which will change or diminish the course,
current or cross - section of a protected water or vatland
shall `be approve& by the Commissioner of Natural
Resources, and such ,approval shall be construed to mean
12
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the issuance by -the Commissioner of Natural Resources of
a permit under the ;procedures of Minnesota Statutes,r
Section 105.42 and other: related statutes.
(E)
Private use of property dedicated to the public for the,
purpose of constructing docks,.mooring or keeping boats,
shall be prohibited in the'Shoreland District.
9.5 SEWAGE TREATMENT: Any premises intended for human_ occupancy
shall
be provided with an adequate method of sewage treatment
to be
maintained in accordance with acceptable practices.
(A)
Public or municipal collection and treatment facilities
shall be used where available and where feasible.
(B)
The standards of the Minnesota Pollution Control Agency
(MPCA) "individual Sewage Treatment Systems Standards
and Appendices " (6MCAR A 8040), are hereby adopted by
reference and made a part of his Ordinance.
(C)
Permit. No person, firm or corporation shall install, "
alter, repair, or extend any_ "ndiv dualcsewage treatment
system without first obtaining 4 permit therefor from
the Building Official for the Cityr.; Y
"
1. Application for permits shall be made in writing
upon pp rinted blanks or forms furnished by the
Building Official and shall be signed by the
applicant. ,
2 . Each application for a permit shall includes a
correct legal description of the property on which
the proposed installation, alteration, repair or
extension is to take place; a plan of the site of
reasonable scale and accuraoy showing the location
of any proposed or existing, buildings, water
suppply, property lines and ,underground or overhead
utility lines; a complete plan of,the sewage
treatment system showing the location, size and
design of all parts, of the`lsystem to be installed,
altered, repaired or extended; the name of the
person, firm or corporat who is to install the
system; a percolation test , and..any further
information as required by the Building Official.
(D)
Compliance. All individual sewage treatment systems
within tie Shoreland District shall be designed,
installed and maintained,, in. accordance.,, with the; MPCA
Standards,; listed in Section 5 <(B) of this., ordinance::
O
Inspection. Any installation, alteration, repair or
extension of an individual sewage tr eatment s ystem shall
be inspected to ensure compliance by the Building
Official or a qualified inspector following completion
of the work but prior to covering of the system.
-13-
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-14-
All existing sewage treatment systems inconsistent with the
standards referenced in Section 5(B) of this ordinance shall
be brought into conformance or discontinued within five (5)
years from the date of enactment of this Ordinance. An
nonconforming sanitary facility found to be a public nuisance
shall be brought into conformity or discontinued within thirty
(30) days after receiving written notice from th Building
-
.. =
1
Official.
9.6 WATER SUPPLY: Public or private of water for
u
domestic purposes shall conform to Minnesota Department of
Health standards for water quality.,
(A) Public or municipal water supplies ,shall be used where
available and where feasible.
(B) :Permit. No person, firm or corporation shall install,
alter, repair or extend any private well,,without first
obtaining a permit therefor from the Building Official
for the City.
�}
1. Application for,;permits shall be wade in - writing
rya
upon sprinted blanks or forms furnished by the =
b
Building official and shall be signed by the
applicant.
2. Each application for a permit shall include: a
correct legal description of the property on which
r
the proposed installation, alteration, repair or
- f'
'extension is to take places a _plan of the site of
reasonable scale and accuracy showing the location
of any proposed or existing buildings, ,sewage
treatment facilities, property lines a coaplete
plan of the water supply system showing the,
location,, size and design of all parts of the
system to be installed, altered, rep aired or
extended; the name of the person, firm or
r
corporation who is to install the systems any
further information as required by the Building
Official.
(C) Private wells shall be located in <a manner to be'.free
from flooding'and the top shall be so constructed-and
'
located-as to be above all ppoossible sources ref
pollution. Wells already,existing in areas subject to
flooding shall be flood- proofed.
(D) No private well shall be located closer than =thrae (3)
feet to the outside basement wall of a dwelling. The
;
„
outside basement footing shall be continuous across the
opening of the well alcove. No well shall be located
rl closer than fifteen (15) feet to a. property line.
-14-
#
('
(E) Privata wells shall be locatad_in accordance with the
standards of the Minnesota Health Department standards
MHD 217 "Location of Walls". (c)(1),:
} 9.7
SUBDIVISIONS':
(A) No land shall be which is held unsuitable by
jai
t
the City for the proposed use because of flooding,
inadequate drainage,..' "soil and mock formations with
severe ;limitations for development, severe erosion
r
potential, unfavorable topography, inadequate water
`
supply ot,sewage treatment capabilities.,,or any other
.,
feature l ikely to be harmful to the health, safety or_;
welfare of. "future residents of the proposed subdivision
or of the community. ;
(B) '' Copies `of' all plats within the Shoreland District shall
'
be- submitted to the COxmissioner of Natural w a6urces 6
who shall review the plats and submit °'comments^ to the
City within ten (10) days. If no response is received by
the City � " Prior Lake within this ten (10) day period,, ,,
Y
the Department of Natural Resources° will be deemed to
J
Nava no, objection. The Department,,of Natural Resources
shall, review proposed plats prior;Nto preliminary plat'
approval by -t a'City. _
,(C)- Gent (PUD). Altered zoning
Develo pp
sta ma
y, be allowed,as exceptions to this Ordinance
'
'
for PUD's provided, preliminary plans are approved by the
Commissioner of Natural Resources prior to° their
prelimi.nar,Y approval by, the City, and further provid
1. Central sawage,facilities shall bo installed which
` rl
meet applicable standards of the'Minnesota
"
Pollution Control Agancy'or the PUD;is connected-to
a municipal sanita
P x'y
F Opon apace s'preserved through the use of
restrictive-deed covenants, public dedications or
other methods.
3,. Theefol`lowing factors are carefully evaluated-
ensure the increased density of development is
consistent with the resource limitations of the
protected water:
;
a. suitability of the site for the proposed use;
b.,' physical and aesthetic impact of increased
density;
c., level, of currant development;
d. amount and ownership of undeveloped shorelar,.d;
;
e. levels{and types of water surface use and
�.
public accesses
f. possible effects,on overall public use.
{
p 4. Any commercial, recreational, community or
religious facility allowed as part of the Planned
Unit Development 'shall conform to all applicable
` federal and state regulations including, but not i
limited to the following:
a. licensing provisions or proc
b. waste disposal regulat
c.- water supply regulations;
d. building codes;
s. safety regulations;
f. regulations concerning the appropriation and
use of Protected Waters as defined ?in Xinnesota
Statutes 1974, Cha
ter 105E and
, p
T. applicable regulations of the 'Kinnesota
Environmental Quality Board.
5. The final p lan for a Planned Unit Development shall
ngt be modified, amended, repealed or` otherwise
I
altered unless approved in writing by the
daveloper,�the municipality and the Commissioner.
r
6. There are centralzed.shoreland recreation
facilities such as beaches,, docks and boat
launching facilit
` 9.8 NOTIFICATION PROCEDURES:','
(A) A copy 'of the notice of a public-hearing to to consider a.
. variance to�� the . prcwisoYU of the Shoreland District or
4; a cbnc�itional'use in the.Shoreland District shall be
sent tb' the�Commissioner of Natural. Resources such that
the notice is received by the Comissioner'at least 'ten
z (,10).`days prior to such hearings.
f �
A cop of all amendm to this'Ordinance. and final
''decisions grantini' variances or conditional uses within
the Sho'reland District shall
` be sent to the Commiss
of s_
Natural Rasourewthin ten (10) :days of the
amendment or finalacton,
9 . \ 9 Lr!'1*ECTIVE 'DATt This , Or - djtnanae shall become effective fros�
' and after its ,�passaga and , "publ ication.
X.
Chapter 8,. Shoreland Distro£;. "hereby added to Title 5, Zoning
i Regulations, of Prior Lake City Code to ' read as follows:
s�
7
o- V
ti,•
t
CHAPTER B
a
SHORELAND DISTRICT
SECTION•
General Provisions
5 -8 - 2:
Designation of Typos of Land Use
5 - 8 - 3:
Zoning Provisions
5 -8 -4:
Shoreland Alterations
a )
5 -8 -5:
Sewage,Treatment
5 -8 -6
Water Supply
5 -8 -7
Subdivisions
5 -8 -8:
Notification Procedures
GENERAL PROVISIONS:
(A)
statutory Authorization: This Ordinance is ado ted,pursuant
to the authorisation contained in the laws° of 1t�nnesota 1913,
Chapter"379, and in furtherance of the policies.doclarod in
Minnesota Statutes 1976, Chapters'105, 118, 116'and 463.,'
(B)
Policy: The uncontrolled use of shorelands of , the .city i%of
Prior Lake affects the public health, safety and <genirti
welfare not only by contributing to pollution of public.
�Y
waters but also by impairing the local tax base. Therefore,
it is In the
t
;,.
best interests of the public he safety and
welfare to provide for the Visa development of shorelands of
public waters. The Legislature of Minnesota has delegated
responsibility to the municipalities of ;the state to regulate
the subdivision, use and develoPue t,ot 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 wisp
utilisation of waters and related land resources. This
responsibility is hereby recognized by the City of Prior Lake.
n
(C)
Definitions: For the purpose of this Ordinance, certain torus
or words used-herein shall be interpreted as follows: The word
"shall" is mandatory, not permissive. All distances unless
.},.F
otherwise specified shall -be- "measured horizontally. The term
"front" refers to the portion of a lake shore lot located
r"
between -the structure and the road.
BOATHOUSE: A. structure used solely for the storage of
boats or boating equipment.,
BUILDING LINE: That Gina measured across the width of the lot
at.the point where the front of tbe•principal .
structure is placed, accordance with the
setback provisions.
'
CLEAR'- CUTTING; Ths removal of an entire stand of trams.
fi
-17-
a
,
capable of bin i as � occupied by one ,.;or more ;
structures and i ntended t,for transfer i"
� a uni,
of ownership.
NATURAL .VEGETATION: Any tree greater than , four '4) ire'ches in
diameter and"'any ground cover.
y
NONCONFORMING USE: Any use or arrangesehL' of lend o� structures
Is ally existing at the tie o! ractment of
this ordinance or any of its amendments Which
doss not conform to the : ,Pkaiisiois of the:
ordinance.
ORDINARY HIGH A Sark delineating the highest� level
WATER MARK:
which has been maintained for a;suffio� ant
eriod of time to leave evidence up=U� Ae ''
landscape. The .ordinary hiqh water mark is" p
commonl that point wherethe.natural-
vegetation changes from predominantly aquatic
to'predominantly' terrestrial.
development `incor po rate a,
nt vh
i
ch may y
PLANNED UNIT A type of
DEVELOPMENT:
variety of land uses planned and developed as a ;.
unit. The Planned Unit Development is
distinguished from the traditional subdivision a `.
Frocess of development in soining standards
such as density,, height limits, and mininum lot
- -18-
f
6m" ,
n
Yi
i1
'CLUSTER DEVELOPMENT: C
Considered to be a type
of Planned Unit
Dsvelopment and is sub to the same rev
criteria. r
r,
CONDITIONAL USE': A
A use which, because of special roblems of
p r
r
peculiar to the use for the protectiOn'of the
publYc welfare and the integrity of the
�..
Comprehensive "Plan. �
GOVERNING BODY: T
The city Council by whatever name known.
HARDSHIP: T
The property in question cannot be put,to
reasonable use under the conditions allowed by p
the official controls; the plight of the 11
landowner is due to circumstances unique to his,,
or her property, not created by► the landowner:
and the variance, i
r
� c
Economic considerations alone -shall not F
F r
r
constitute a
controls. �=
*
LOT:
*A piece,• parcel or plot of 1�1and ascupied or
sizes may,ba altered by, negotiation and
agreement between the develo pp or, the
municipality and the Commissioner 6f Natural
Resources.
t,
PLANNING AGENCY:
The Planning Commission or Planning Department
� 1
as „created by the governing body:
PROTECTED WATERS:
Any waters of the State as defined in Minnesota
St atutes 1980, Section 105.37, Subdivision 14.
However, no lake, , pond or flowage of less than
�t
ten x(-10) acres in size and no river of stream
having a total drainage area 1iss-4: han two (2)
square miles shall be requlated -for the
purposes of these regulations.
i
PUBLIC NUISANCE:-
Anything offensive or obnoxious to the health
and welfare of the inhabitants of the Ctyr..or
Any act or thing repugnant to,ror.creatinq, a
hazard to, or having a detriaintal' on
the property of another person or to the-s
community.
SETBACK:
The minimum horizontal distance between a ?'
structure or sanitary facility and the ordinary
high water mark or'between a.structure or,
sanitary facility and a road;, well, highway, or
property lines.
J
SHORELAND:
Land located within the foil+3wing distances,
from protected waters: (i) 1; 000 feet ficm , the
ordinary high water `dark of a lake, pond, or
flowage; and (ii) 300 feet frog -.a river' or, „ ,:
;> .
.
stream, or'tho landward extent of a floo3 plain
on such rivers or streams, wrichever it
greater. The practical lixits. of shorelands may
be less than the. statutory limits -where such.
limits are designated by hat"ural drainage
divides at lesser distances, as shown on the
official Zoning Map of the City, -
STRUCTURE:
Anything constructed erected, the use of
which requires a fixed location on thu
ground
or an attachment of something`''havinq ii,
nixed,`
location on the round, including, in
buildings, billboards,
addition
`
to carports,
irchas,,
3
'
and other buildin features but not iiicludin
u”
sidewalks, fences and 'atioe.'� 5
- ,_.
+ .ract;
SUBDIVISION:
The division of:•_a single lot, o�r
arcel
+ „'`
of land, o a part thereof, into two or more
°' t
lots;
4k5 rt
0 ..
-19-
, ..
��;�� �
+ tracts or parcels of land; however, the.,
div ision•of land in p arcels of more than five
'.
(5) acres 'having .a width of not less than three
hundred (300) feet shall not be included.
` ,SUBSTANDARD U, ""E: Any uc of shorelands existing prior to th
date of enactment of.this Ordinance which is
permitted within the app licable son nq district
but doss not moat the minimum lot area and
isngth ,or water fron"go, structure setbacks,
or other dimensional ,'standards of the
�>
ordinance.
VARIANCE: waivinq'by Board action, of the literal
provisions of the Zoning Ordinance in .instances
where their strict enforcewent would cause'
F undue hardship because of`circusstances uni s
1 qu
property under consideratio
to the individual n.
r` * "Public Waters" has been changed to "Protected Waters ". All
re, -qulations,�and requirements remain the same, only the nab has been
changed'.
5 -8 -Z: DESIGNATION OF TYPES OF LAND USX:
., (A) Shoreland Management classification:; ,''In order to,. guide, the
wise development and utilisation of shorelande of protected
,a
characteristics csp at
eca omic valuesand the gene na
raleal'th
w sa faty., a nd . welfare, certain protected ,�wat rs in the City have'
,. been given a shoreland managesent classification.
These protected waters of the City have been classified by the
U Comsissicnsr. of Natural Resources as follows:
Natural Environmant .Lakes DNR I.D. No.
1. Howard Lake 70 -73P'
Township 114, 115N, Range 22W,
° Sections 5 32
20 Pike Lake . _Y 70 -76P
"To"mship „11SN,` Range 22W,
Section 23
3. Unnamed i 70
Township 113N, Range 22W,
Sections 33 36SW
4. , Keup's Lake: 70�P79W,
Township, li5N, Rangs 22W',
� Section 28
WRI xis �r<r. J iiiSr`." Y" 1f1. 1, K, �Y�%?' btWLe1I .FiD23d?'.w;���`.t'yg3F'�' "'+ K ''arw.ws+a� `Y
�i
5.
Hass,,Lake
70-78
Township 115N, Range 22W,
Section 27NW
6.
Unnamed
70-77'
Township 115, Rang* 22W
Section 27
Recreational
DaveloMent Lakes
1. D. no,
1.
Markley Lake
70-21W
Township 114N, Range 21, 22W,
Sections 6, 1
2.
Unnamed
70-53,,
Township 114, Range 22W,
Sections 1, 2
GenerAl
Devel2=ant Lakes
DNR I D. No.
Coring Lake
70-5
Township 114N, Range 22W,,,
sections 3-3, 9-10
2.
Lower Prior Lake
70-240
Township 115N, Range 21, 22,,
sections 30, 25, 26, 35,.36
3.
Upper.Prior Lake
70-72P
Township 114, iISN, Range 22W
�'Sectionsi 2-4, 34
Vatural
fir vs& i n"
Nohe
LegjI Des6ri2ti
RScrikational
DavelgMent Streams
Nano
N ,
J,
General
J.'
DsVal2MLjnt Streams!
sued (to Lower Pr ior Lake)
crLqtion
idh 35,
SW 1/4 S6Ctj
lipl, R90. iW
General Development,
Twp.
2.
Unnamed, (to Upper Prior,,Lake)
ON 1/4 Seic'* 4,
Ilk
General Development` -1
ON I - , 86q. 3,
�4
Twp. 114K, "0, 22W
i&
Unnamed Tributary
v"
�General Development
Sec.-23, 83�
sec. 14, TwPY115N
Rge. 22N
1 1:,�
lv
A A
QWW
(B) Shoreland District: vii. h;orelands of the City of Prior Lake
are hereby designated as a Shoreland District. The .purpose of
the Shoreland District is to provide for the vise utilization
of shoreland areas in order to preserve tha quality and
natural character of these protected waters of the City.
1. Permitted Uses: k1 p eraitted uses allowed and
regulated by the applicable Zoning District underlying
this Shoreland District as indicated on the official
zoning map of the City.
2. Conditional Uses: All conditional uses and applicable,
attached conditions allowed and reg by the
appplicable Zoning District underlying this Shoreland
District as indicated on the official Zoning Map of the
City and as required by Section 4 of this Ordinance.
3. Substandard Uses: Any uses of shorelands in existence
prior to the data of enactment of this Ordinance which
are permitted within the applicable Zoning; District, but
do not meat the minimum lot area, setbacks or other
dimensional requirements of, this Ordinance are
substandard uses However,,any structural alteration or
addition to a use that will increase the substandard
'dimensions substantially shall not be allowed.
,„ 4. Prohibited Uses: Any uses which are not Permitted or
Conditional Uses as regulated by,tha applicable Zoning
' District underlying this Shoreland'District as indicated
on the official Zoning Map of the City.,
5. -8 -3.•' 1 ZONING PROVISIONS:
.
(A) The followinq standards shall•a ply to all shorelands of the
`. protected waters listed 'in Section.2 of this Ordinance within
the City. Whore the 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.j�
NATURALI� RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOPMENT
WATERS, i Ids , WATERS
r
Unsewared Areas:
Lot Area 2 Acreal 1 Acre 1 Acre
-Minimum •width for water
frontage,_,lots
a. at' ordinary hiq:
water mark (ft. ) 150 'j 125 125
saw
b. at front setback
line (ft.)
200
150
150
Structure setback from
ordinary high water.,mark
{ft.)
200
100
100
Structure setback from
100' from
100' from
100' from
roads and highways (ft.)
federal,
federal,
federal,
measured from right of
state and
state and
state and
way line
county,;
county,
county,
25 from:
25 from
25 from
municipal
municipal
municipal
or private
or private
or private
w,
y
Structure height
35
35
35
limitation (ft.)
Kaximum,lot area covered
30
30
30
by impervious surface (t)'
Sewage • stem setback
150
75
75
r
'
from ord�nary high water',
mark (ft.)
Sewored.Areas: All provisions
for unsewi,red` areas shall
apply to
y '
sewered areas except forlithe following,
which shall
}
supersede the
provisions to un•ewored
' areas:
�iapplied
k
Lot Area (sq. ft.)
`f
waterfront lots
40,000;
15,000„
15,000
Other lots
20,000
10,000
A, 000
Ala
Minimum width for water
j
o
frontage lots:
I
15
a. at ordinary high
125 I'I
_�
75
water,mark (ft:y-
i
I
b. at front setback
150 I
90
90
line (ft.)
i
w$
Minimum width for other
100 h
so
80
lots at ,front setback
line (ft.)
I
Structure setback from
150
i
75
75
k . 1,
,
ordinary high water
mark (ft.)
E
I
-
W
�(
� u.
`
fY`
Structure setback from 50' from $0' from 50' from
roads and highways ('ft.) federal, federal, federal,
measured from right of state and state and state and
way line_ county, county, county,
25' from 25' from 25' from
municipal municipal municipal
or private or private or private:
(B') Substandard Lots
1 Lots of record in the office of the County Register of
Deeds (or Registrar of Titles) prior to
(data of enac ±vent of Ordinance) which do not mss a
requirements ef'Section 3(A) may be allowed as building`
sites provided:
a. such use is permitted in the Zoning District;
b. the minimum size and width of substandard water
frontage lots with public sewer shall be fifty (50)
,feet in width and 7,500 square feet in sizes
.<<
c. 'all substandard non - water frontage lots are,f
{
buildable provided that the minimum lot area is
equal to:or greater than 10,000 square foots
d, all other sanitary and setback requirements of the
Z on ing rdinance have been not insofar as
q
,.
practical; and
s0 the lot is in separate ownership from abutting
lots.
`}
2. Any person wishing to develop a substandard lot of
record which r doee not most tho standards outlined An
items la. through e. may submit a variance application
to the Board of Ad j ustment for review and consideration.
(C) Roads and Parking Areas: Roads and parking areas shall be
located to retard the runoff of surface w aters and nutrients
"
in accordance with the following criteria:
-`
1. Where feasible and practical, all roads and parking
areas, shall meet the setback requir.,ements established`
for structures in Section 3(A) of this Ordinance.
2. In n .istance shall these impervious surfaces be placed
loss than fifty (50) feet from the ordinary high water
mark.- (This doer not include boat ramps.),
3. Boat ramps may be allowed inythe Shoreland District
'r a
provided that:
-2s-
$'
H ' A�`?t _. nFffi ..�+ T ���YP Sh,.'r�'AnA1� 6k4i $F7dx.cr.C�mtww'33Paskt.,,.. �r`�iv ; -.. .. „v,•, :,I"^"rr'
f
�
a. the boat'ramp be no,aore than two (12) feet in
width;
b. that part of the ramp 'extend more than ten (10),,
feet out into the water or to;a depth of greater
than four (4) feet;
C. up'to five (5) :cubiq yards of base materials may be
used fok construction of a ramp.
4. Natural vegetation or other natural materials shall be
used to screen parking areas when viewed from the water.
(D) Elevation of Lowest Floor:
1. Structures shall be placed at,, elevation consistent
with the City's flood plain management controls.
2. In areas not regulated by flood plain management._
controls the elevation to which,.the lowest floor,
including basements, shall be placed shall be d*termine,d
as follows:
a. For lakes, ponds,, and flowag by (i), an elevation
of available flood information and consistent with
Statewide Standards and Criteria for Management of
.Flood Plain Areas of Minnesota or in�the event
that the 100 -year flood plain elevation is not , ✓;
available, staff may establish a building elevation
which is considered to be safe, by utilizing -all
available data, °
b. For rivers and streams, by an evaluation of
available flood information and consistent with
Statewide Standards and Criteria for Management of
Flood Plain Areas of Minnesota. 4
(E) Exceptions to Structure Setback Requirements:
1. Setback requirements from the ordinary hig water ma rk
shall not apply to piers and docks. Location "of piers
' and docks shall be ;controlled,by applicable state and
local regulations.
2 On undeveloped shorsland lots that have two (�2) adjacent
dots with existing principal tructures on both such
adjacent lots, any new residential structure may be sat
back the average setback of th adjacent structures from
the ordinary high water mark or fifty
rl whichever is greater, provided all other psov sions of
the Shore and District are complied with
3J. Within the Shoreland District, decks may be constructed
without Variance provided that:
_ -25-
U
e r,
{
a. it does not have walls or a roof;.
b. it does not exceed the existing structural setback
requirement by more than 154 (i. 30 foot maximum
=' for.200 foot setback,requirement)
_c. there is an evaluation of the property showing that
there is not some other reasonable location for a
deck that 'would comply with the setback Y
requirement.
5 -8; -4: ALTERATIONS
ry
-(A) The removal of natural vegetation shall be restricted to
prevent,orosion into protected waters, to consume "nutrients `in
the soil; and to preserve shoreland aesthetics. Removal of
natural vegetation in the Shoreland District shall be subject
to the,following provisions:
"1., Selective removal of natural - vegetation is allowed,
provided that sufficient - vegetation cover remains to
-' screen cars,_dwellings and other structures when viewed
from,-the water.
2 . ,, Clear cutting of natural vegetation is prohibited.
However, selected removal,of�` natural vegetation may be
allowed if incorporated in harmony with proposed
development.
3. Natural vegetation shall ",restored insofar as feasible
immediately after any construction project is- completed
to retard surface runoff -tnd soil erosion. The City Q
Planner shall approve a �restoration. plain prior to any
removal of natural,vegatation for any construction
project.,^
4. To "lantinq or cultivation'of any species of c
Non - sterile Purple Loostrife or other aquatic plants as-
pecified by the Department of= Natural Resources,, is
prohibited within the Shoreland district, tE-
ms s,
5. The provisions of this section shall not apply to
permitted uses which normallyy require the removal of.
natural vegetation. This includes the.installation of
public utility lines, and roads.-"
(B) Grading and filling in shoreland areas or any alteration of
the natural topography where the slope of th's land is oward a
protected water or a watercourse leading to °>a; protected water
must be authorised by a`permit frog the. City Planner. The:r
permit may be granted subj to the conditions that:
the smallest amount of , bars ground 'pis, exposed foraw
l short a time as feasible;
-2b
. F
? w
j, "N
2. temporary ground cover, such as mulch or sod is used
until p ermanent ground cover, such as sod, is
k
established;
3. methods to --prevent erosion and trap sediment are
employed ;,`
f.
4. fill is stabilized to accepted engineering standards:'
s
(B)
Excavations on shorelands where the intended purpose is
connection to a, protected water shall require a'permit f rom
T
the City Planner before construction is begun. Such permit may
be obtained only after the Commissioner of Natural Resources
has issued .a permit to work in the beds of protected waters.
h
(C)
Any work which will change or diminish the course, current -.or
4
cross- section of a protected water or wetland shall be
approved by the Commissioner of Natural Resources, and such
'
approval shall be construed to mean the issuance by the
I
Commissioner of Natural Resources of a permit under the
G
procedures of Minnesota Statutes, Section 10.5.42 and other
�
related statutes.
(D)
Prkvata use of property dedicated to the public for the
purpose of constructing docks, mooring or keeping boats, shall
be prohibited in the Shoreland Dist
'
t � 5 -8-5:
SEWAGE TREATMENT: Any promises intended for human
p
F
._
occupancy shall be 'provided with an adequate method
of sewage treatment to be maintained in accordance
with acceptable practices.
(A)
Public or municipal collection and treatment' facilities shall
=i
be used where available and where feasible.
(B),
The standards of the Minnesota Pollution Control Agency
(MPCA) "Individual Swage'Treatment Systems Standards and
,
Appendices" (GMCAR 4:8040) axe <hereby,adopted by reference and
made a part of Ordinance.
b
(C)
Permit. No person, firm or corporation` hall install, alter;`
•,.
repair, or extend any individual sewage treatment - system
` g
without first obtain ng,a permit therefor from the Building
1?
Official for the City.
i
1. Ap lication for peraits -shall be ;wade ' in . wr
p iting upon
-¢
printed blanks or forms furnished by the Building.
Official and shall be signed by the applicant.
{
2. Each application for a permit shall a corrects'
legal description of the property on�which the proposed
installation, alteration, repair , or,xtenson is to take
°�'pl'aco; a plan of the site of .;reasonable scale and
F
-27-
` t � ,,, t y ;; ��X •
svl, q ft Ott l�•�� "h:...
?! accuracy showing the location of any proposed or ,.
existing-buildings, water supply, property lines and ,
underground or overhead utility lines; a complete plan
#' of the sewage treatment system showing the- location,;
{ size and design of all parts of the system to be .,
installed, altersd,,rspaired or extended; the name of
the person, firm or corporation who is to install the
system; a percolation:.teat and any further information .
'9
as required by the Building Official.
(D) Compliance. All individual` sewage treatment systems within
the Shoreland District shall be designed, installed and,
maintained in accordance with the MPCA Standards listed'
Section 5(B) of this Ordinance.
(E) Inspection. Any installation, alteration, repair or extension
of an individual sewage treatment system shall me inspected to
ensure compliancs by the Building Official or a qualified
inspector following completion of the work but prior to
covering of the system.
.
'^
All.existinq sewage treatment systems inconsistent with the standards
referenced in Section 5(D) of this Ordinance-shall be brought into
conformance or discontinued within five (5) years from the date of
enactment of this Ordinancei, any nonconforming sanitary facility
found to b0 a, publicnuisance shall be brought into conformity or
{ 5 discontinued within thirty (30) days after receiving written notice
from the Building Official.
5- 8 -6:," W71TER SUPPLY: Public or private supplies of water
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- for domestic purposes shall,conform to
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Department of.Health standards"for water quality.
(A) Public or municipal water supplies shall be used where
available and where feasible.
Permit. No parson, firm or corporation shall install, alter,
repair or extend any private well wit�iaut first obtaining a
permit therefor from the Building Official for 'the _City.
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1. Application for permits shall 'be made in writing u ,on
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printed blanks or forms furnished bythe Building
Official and "shall be signed by the applicant.
2. Each application..for a permit shall include: a correct
;# legal description of the property on which the proposed
`
,4 installation, alteration, repair or extension is to take
place's.a plan of the site of reasonable scale and
t accuracy showing . the location of any prop or �
existing buildings, sewage treatment facilities,
.;I
property lines; a complete plan of the water," 1y
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sy showi desig a
thes stem�toabe�installed ,��altersd,� r ai
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or extended; the name o' the person, firm or_ corporation
who is to install the system; any further information as
required: by the Building Official.
(C)
Private wells shall be.located in a manner to be free from-
flooding and the `top shall be so constructed and located as to
ba abovs all possible sources of pollution. Wells already
ox i,ting in areas subject to flooding shall be faood- proofed.
No private well shall be located closer than three (3) feet to
'
the outside basement wall of a dwelling. The outside basement
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footing<'shal,l be continuous across „the opening ,�f the well
alcovw. No well shall "be located closer than fifteen (15) test
to a property line. �� e
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' (B)
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Private wells shall be located in accordance with the
standards of the Minnesota Health Department standards MHD 217
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"Location. of Well's ", ' (c) (l) .
5 -8 -7s
SUBDIVISIONS
( A)
No land shall be subdivided which is held unsuitable by the
City for the proposed usa.\because of:,floodinq, inadequate
drainage, soil and rock formations with severe limitations for
development, severs erosion potential, unfavorable topography,
inadequate wat r supply or'&swaq?s treatment capabilities, or
any other feature likely to be harmful to the health, safety
or welfare of futurs'resi4ents bf,.the proposed subdivision or
of the community.
(BI
Copitis,of allfplats within th,6 Shoreland District shall be
`
submitted to the Commissioner,of Natural,Resources who sh all
review the plats and submit comments to the City within ten
'
(10)" days. If no response is received by the City of Prior
LaCf� within this ton (10) day period, the Department of
Natural Resources will be doomed to have no objection. The
Dopartmont of Natural Resources „shall review proposed plats
prior to preliminary plat approval`by the City.
ii (C)
Planned Unit Development (PUD). ,Altered zoning standards may
"provided
t
beiallowed_as exceptions to this Ordinance for PUD's
��.
preliminary pplats era approved by thc,Commissioner c�f,
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Resources prior to their preliminary approval by the City, and
further provided:
1 Central sewage facilities shall bw installed which meet
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=; applicable standards of the Minnesota Pollutionti6ntrol
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Agency or'the is connected to a municipal sanitary
sewe o
reservs
Open space is d, %throw h the use of rest:.ric'civs
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dead c s.
ovanantsp public d, ications or other method
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3. The following !actors are- carsfially evaluated to ensure
the increased densit of development is consistent with
the,,resource limitations of the protected Mater:
a. suitability of the site for the proposed °user
b. physical and aesthetic impact of increased density;
C . level of current development
d. amount and ownership of undeveloped shorilandt - "'
levels and t"
e• ypes of water surface use and public,`".
accesses t'
a .
f. possible effects on overall public use,
4. Any commercial, recreational, communit or religious
facility allowed as part of the Planned Unit Development
shall conform to all applicable federal and state
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regulations including, but not limited to ,the following:``
a. licensing provisions or procedures
a
b. waste disposal regulations;
-co water supply regulations;
{,
d. building dodos;
e• safety regulations;
f. regulations concerning the appropriation and use of
Protected Waters
as defined in Minnesota Statutes
1974 Chapter'105t and
q. applicable
'
regulations of the Minnesota
Environmental Quality Board.
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5. The final plan,for a Planned Unit Developpma shall not
be modified,�axended,
repealed or otherwise altered
unless approved in writing by the developer, the
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municipality and the Commissioner.
6.
` There'ara centralised shareland recreation facilities''
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such as beaches docks and boat launching facilities.
NOTIFICATION PROCFDURES:
(A) var of the notice
py oce of a public hearing to consider a
r rovsions
„
. �h
iance to the pp of the oreland ".District o
conditional use in the Shoreland District shall b`sent to the
Commissioner of Natural Resources Ouch that the notiee
received. by' -the Commissioner at least ten (10) days "prior to:,
such hearings. Y i
A copy of all amendments to this Ordinance and "final 4cisions
;
granting variances or conditional uses within the Shoff" lanA°
`
District ohall be sent to the Commissioner'of Natural
Resources within tan (10) days of the amendment or fin'Al
.
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