HomeMy WebLinkAbout93-01 Shoreland ManagementCITY OF PRIOR LAKE
ORDINANCE NO. 93-01
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
City Code Section 5-1-7 Definitions, City Code Section 5-8-1, (C) Definitions, Prior Lake Zoning
Ordinance No. 83-6, Section 8 Definitions and Section 9.1, C. Definitions are hereby amended
as follows:
SECTION 8:
DEFINITIONS
8.1
GENERAL: Certain words used in this Ordinance are defined and shall be
interpreted as follows:
ACCESSORY RESIDENTIAL UNIT - Consists of up to four (4) sleeping rooms in
a single family dwelling that are used for residential occupancy by a
member(s) of one family. An Accessory Residential Unit is subordinate to
the principle structure; is unobtrusive and does not contain a separate,
visible exterior entrance. The existence of an accessory residential unit
does not alter the size and layout of common rooms such as the kitchen,
bathroom, living room, and dining room which are considered to be the
basic functional characteristics of a single family dwelling. (Ord. 91-05)
ACCESSORY STRUCTURE OR USE - Any subordinate building or use
customarily incidental and subordinate to the principal use and located on
the same lot as the principal use.
AGRICULTURE - Cultivating the soil, producing crops and raising livestock.
ANIMAL CLINIC - An establishment where animals are treated and/or
hospitalized by veterinarians.
ANIMAL KENNEL - An establishment or dwelling where three (3) or more
animals are bred for sale, boarded, trained, or kept.
ANTENNA - A device or that portion of any equipment or device located on the
exterior or outside of any structure, used for radiating and/or receiving
radio waves only.
ASSOCIATION - An organization consisting exclusively of all unit owners which
possess certain powers and authority over common elements in Planned
Unit Developments, condominiums, townhomes, or other property.
AUTOMOBILE REPAIR MAJOR - General repair, all body work, painting, frame
work, replacement of engines and transmissions on cars and trucks. (Ord.
85-8)
AUTOMOBILE REPAIR MINOR - Replacement of any part or repair of any part
which does not require the removal of the engine head or pan,
transmission or differential. Upholstering service, glass replacement,
lubrication, tune ups are permissible services. All automobile repair,
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minor shall be limited to passenger automobiles and trucks not in excess
of a three-quarter ton rating.
BASEMENT - A story having more than fifty (50) percent of its clear height below
finished grade.
BLOCK - A tract of land bounded by streets, or a combination of streets, parks,
cemeteries, railroad right-of-way, shorelines, waterways or corporate
boundary lines of the City.
BLUFF - A topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than
eighteen (18) percent over a distance for fifty (50) feet or more shall not
be considered part of the bluff):
1. Part or all of the feature is located in a shoreland area;
.
The slope rises at least twenty-five (25) feet above the ordinary
high water level of the waterbody;
.
The grade of the slope from the toe of the bluff to a point
twenty-five (25) feet or more above the ordinary high water level
averages thirty (30) percent or greater; and
4. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE - A bluff and land located within twenty (20) feet from the
top of a bluff.
BOARD - The Board of Adjustment established by this Ordinance.
BOARDING HOUSE - A building, not a hotel or motel, where for compensation
and for pre-arranged periods, meals and/or lodgings are provided to not
less than three (3) nor more than ten (10) persons.
BOATHOUSE - A structure used solely for the storage of boats or boating
equipment.
BUILDING AREA - The space remaining on a zoning lot after minimum yard and
open space requirements have been met.
BUSINESS AREA - Any business activity which renders service to other
commercial or industrial enterprises.
CERTIFICATE OF OCCUPANCY - A certificate issued by the City Planner for
any structure built or change of use within any structure in the City of
Prior Lake before it is occupied.
CLEAR CUTTING - The removal of an entire stand of trees.
CLINIC - Any establishment where human patients are examined and treated by
doctors or dentists but are not hospitalized overnight.
CLUB - Any establishment operated for social, recreational, or educational
purposes but open only to members and not to the general public.
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CLUSTER DEVELOPMENT - Considered to be a type of Planned Unit
Development and is subject to the same review.
COMMERCIAL PLANNED UNIT DEVELOPMENT - A commercial land use
district to which is applied the requirements of the Planned Unit
Development as defined in the Zoning Ordinance,
COMMERCIAL RECREATION - Includes Iow intensity uses that can function
without municipal sewer or water, and usually require large amount of
open space. Such uses may be seasonal or temporary in nature. Includes
uses such as fairs, agricultural exhibits, tractor pulls, shooting ranges and
private airports. But does not include amusement parks, water slides or
combat games. (Ord. 85-08)
CONDITIONAL USE - A use which, because of special problems of control,
requires reasonable limitations peculiar to the use for the protection of the
public welfare and the integrity of the Comprehensive Plan.
CONDITIONAL USE PERMIT - A permit issued by the Council in accordance
with procedures specified in this Ordinance as a flexibility device to
enable the Council to assign dimensions to a proposed use or conditions
surrounding it after consideration of adjacent uses and their functions and the
special problems which the proposed use presents.
CONDOMINIUM - Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common
ownership solely by the owners of those portions.
CONDOMINIUM UNIT - A portion of a condominium whether or not contained
solely or partially within a building, designated for separate ownership, the
boundaries of which are described pursuant to MS. 515, A-2-110.
COVERAGE - That portion of a lot covered by the principal and accessory use
structures.
DAY CARE CENTER - A service provided to the public in which six (6) or more
children of school or pre-school age are cared for during established
business hours, where no overnight facilities are provided.
DECK - A horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principle
use or site and at any point extending more than three (3) feet above
ground.
DENSITY - The number of dwelling units per acre allowable in each district as
established in table 4.2 as further qualified in 4.1 (M).
DRIVE-IN ESTABLISHMENT - An establishment which accommodates the
patron's automobile from which the occupants may receive a service or in
which products purchased from the establishment may be consumed or
business conducted in the automobile.
DUPLEX, TRIPLEX, AND QUAD - A dwelling structure on a single lot, having
two, three, and four units, respectively, being attached by common walls
and each unit equipped with separate sleeping, cooking, eating, living,
and sanitation facilities.
-3-
DWELLING - Any structure designed or used as the living quarters for one or
more families.
DWELLING UNIT - One or more rooms designed or intended for occupancy as a
single living unit with sanitary, culinary and sleeping facilities separate
from those of other living units and intended for the exclusive use of one
(1) single family. The room(s) shall be deemed a dwelling unit if it
contains facilities for cooking, sleeping, and eating. If the room(s) are
used for residential occupancy and can be separated from other rooms in
the same building, or if direct access can be gained to the room(s) from
outside of the building or through a common hall intended for use by
occupants of another dwelling unit, the room(s) shall be considered to be
a separate dwelling unit. (Ord. 91-05)
ESSENTIAL SERVICES - Underground or overhead gas, electrical, steam or
supply or disposal systems.
FAMILY - One (1) or more persons related by blood, marriage, adoption, or foster
parent relation occupying a dwelling unit and living as a single
housekeeping unit, or a group of not more than four (4) persons, not so
related, occupying a dwelling unit and living as a single housekeeping
unit. (Ord 91-05)
FAST
FOOD/DRIVE-INS - Food is served in disposable containers and the
customer may have the option to eat at the facility or take the food out.
The customer turnover rate at these facilities is very high. Generally
these facilities do not have waitresses but rather the food order is placed
by the customer at a central counter.
FEEDLOT - 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 (10) animals shall not be considered animal feedlots.
FLOOR AREA - The sum of the gross horizontal areas of the several floors of a
building or buildings measured from the exterior faces of exterior walls or
from the center line of party walls.
FLOOR AREA RATIO - The total floor area on a zoning lot divided by the total
site area of the lot or parcel being developed.
GOVERNING BODY - The City Council by whatever name known.
HARDSHIP - The property in question cannot be put to reasonable use under the
conditions allowed by the official controls; the plight of the landowner is
due to circumstances unique to his property, not created by the
landowner; and the variance, if granted, will not alter the external
character of the locality. Economic considerations alone shall not
constitute a hardship if a reasonable use for the property exists under
terms of the official controls.
HEIGHT OF BUILDING OR STRUCTURE- The vertical distance from the
average level of the highest and lowest point of that portion of a lot
covered by a building, to the highest point for flat roofs; to the deck line of
mansard roofs; and to the mean height between eaves and ridge for
gable, hip and gambrel roofs.
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HOME OCCUPATION - An occupation carried on in a dwelling unit which is
clearly incidental and secondary to the use of the building for dwelling
purposes and which does not change the character thereof.
HOUSEKEEPING UNIT - All persons residing within a dwelling unit whose
relationship includes a substantial amount of social interaction, including
the sharing of housekeeping responsibilities, expenses and the taking of
meals together. (Ord. 91-05)
IMPERVIOUS SURFACE - The portion of a buildable parcel which has a
covering which does not permit water to percolate into the natural soil.
Subject to the following exemptions, these structures and materials shall
constitute impervious surfaces: Buildings; Paved Driveways and
Walkways of greater than three feet in width; Paved Patios; Covered
Decks and other Structures. The following structures and materials shall
be exempt from the calculation of impervious surface: Decks or Patios
which are open to the sky and have open joints of at least 1/4 inch
allowing percolation of water; Paved walkways or other structures of three
(3) feet in width or less. All such structures and materials shall be
documented by a Certificate of Survey unless exempted from this
requirement by the Zoning Administrator.
INTENSIVE VEGETATION - The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
LIGHT MANUFACTURING - The processing and fabrication of certain materials
and products where no process involved will produce noise, vibrations, air
pollution, fire hazard or noxious emission which will disturb or endanger
neighboring properties.
LIMITED RETREAT - A private, multipurpose environment for use by individuals
and private groups for the purpose of conferences, workshops, seminars,
meditation or training sessions. For the purpose of these regulations, a
limited retreat shall not include restaurants for the general public, nor be
eligible for a liquor license. (Ord. 86-09)
LOT - 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.
LOT, CORNER - A lot situated at the junction of and abutting on two or more
intersecting streets.
LOT OF RECORD - Any lot which individually or as a part of a subdivision has
been recorded in the office of the Register of Deeds of the County.
LOT, DEPTH OF - A mean horizontal distance between the front and rear lot
lines.
LOT, MINIMUM AREA OF - The measurements of a lot computed exclusive of
any portions of the right-of-way of any public thoroughfare.
LOT, WIDTH OF - Dimension of lot at front setback line and if applicable, at the
ordinary high water level.
MARINA - A commercial establishment adjacent to a navigable lake providing
moorings for boats and offering other supplies and services accessory to
the principal use. (Ord. 83-6)
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MANUFACTURED SINGLE FAMILY DWELLING - A structure, transportable in
one or more sections, which in the traveling mode is eight (8) body feet or
more in width or forty (40) body feet or more in length, or when erected on
site is three hundred twenty (320) or more square feet and which is built
on a permanent chassis and designed to be used as a dwelling with a
permanent foundation when connected to the required utilities and
includes plumbing, heating, air conditioning and electrical systems
contained therein. No manufactured dwelling shall be moved into the City
of Prior Lake which does not meet the Manufactured Home Building Code
as defined in Minnesota Statutes Chapter 327.31 Subdivision 3.
MODULAR HOME - A non-mobile housing unit that is basically fabricated at a
central factory and transported to a building site where final installations
are made, permanently affixing the module to the site. A modular home
shall be congruous to a family dwelling.
MOTOR FUEL STATION - An establishment where gasoline, kerosene, motor oil
and lubricants are sold or used in servicing motor vehicles and where
usual motor vehicle repairs and services are performed.
MOTOR FUEL STATIONS AND CONVENIENCE STORE - A store operated in
conjunction with a motor fuel station or truck stop for the purpose of
offering for sale goods not essential to the motoring public. (Ord. 85-08)
NATURAL VEGETATION - Any tree greater that four (4) inches in diameter and
any ground cover.
NON-CONFORMING STRUCTURE A structure designed, converted or
adopted for a use prior to the adoption of provisions prohibiting such use
in such locations.
NON-CONFORMING USE - Any use or arrangement of land or structures legally
existing at the time of enactment of this Ordinance or any of its
amendments which does not conform to the provisions of the Ordinance.
NURSING HOME OR REST HOME - A licensed establishment having
accommodations for the continuous care of two or more invalid, infirm,
aged convalescent patients or disabled persons that are not related.
ORDINARY HIGH WATER MARK - A mark delineating the highest water level
which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominately
aquatic to predominately terrestrial. For watercourses, the ordinary high
water level is the elevation of the top of the bank of the channel.
OUTDOOR SALES - Intermittent buying and selling of goods, merchandise or
materials held under the open sky which are regulated by special use
permits by the City Council.
PLANNED UNIT DEVELOPMENT - A tract of land which will contain two or more
principal structures which may incorporate a variety of land uses
developed under unified ownership or control, the development of which
may be unique and of a substantially different character than that of the
surrounding area.
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PLANNING AGENCY - The Planning Commission or Planning Department as
created by the governing body.
PLATFORM - A flat, floored, roofless area detached from a house, constructed
with the finished floor elevation within thirty-six (36) inches of natural
grade in all locations.
PRINCIPAL USE - The main use to which the premises are devoted and the
principal purpose for which the premises exist.
PUBLIC NUISANCE - 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 this property of another
person or to the community.
PUBLIC WATERS - Any waters as defined in Minnesota Statutes, Section
103G.005, Subdivision 15.
REAL ESTATE - Any lease held for three years or more or other interest in, over
or under land, including fixtures, structures and other improvements
which pass with a conveyance of land including parcels with or without
upper and lower boundaries.
RECREATIONAL VEHICLES - A mobile vehicle including boats used for
recreational purposes, capable of being towed or being self-propelled.
RENT - A fixed periodical return made by a tenant or occupant of property to the
owner for the possession, use or occupancy of a dwelling, land, or
personal property of the owner. (Ord. 91-05)
RESIDENTIAL PLANNED UNIT DEVELOPMENT- A use where the nature of
residency is non-transient and the major or primary focus of the
development is not service oriented. For example, residential apartment,
manufactured home parks, time-share condominiums, townhouses,
cooperatives, and full fee ownership residences would be considered as
residential planned unit developments. To qualify as a residential planned
unit development, a development must contain al least five (5) dwelling
units or sites.
RESTAURANT A sit-down facility offering food on permanent reusable
tableware and dishes. A restaurant may offer a high or moderately priced
menu and could belong to national chain operations. Their service may
include a limited take-out menu. The average turnover rate per customer
generally is about one hour.
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.
SEWAGE TREATMENT SYSTEM - A septic tank and soil absorption system or
other individual or cluster type sewage treatment system as described
and regulated in Section 9.6 of this Ordinance.
SEWER SYSTEM - Pipelines or conduits, pumping stations, and force main, and
all other construction, devices, appliances, or appurtenances used for
conducting sewage or industrial waste or other wastes to a point of
ultimate disposal.
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SHORELAND - Land located within the following distances from protected
waters: (i) One thousand (1,000) feet form the ordinary high water mark
of a lake, pond, or flowage; and (ii) three hundred (300) feet from a river
or stream, or the landward extent of a floodplain on such rivers or
streams, whichever is greater. 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 official zoning map
of the City.
SHORE IMPACT ZONE - Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of fifty (50) percent of the
setback structure.
SHORELAND SUBSTANDARD LOT OF RECORD - A lot of record in the Office
of the Scott County Recorder prior to 4 May 1987, which does not meet
the requirements of Section 9.3.A of this Ordinance.
SIGN - Any name identification, display illustration structures or device which is
publicly displayed and which is used to direct attention to a product,
person, business, institution or place.
SIGNIFICANT HISTORIC SITE - Any archaeological site, standing structure, or
other property that meets the criteria for eligibility to the National Register
of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of
Minnesota Statutes, Section 307.08. A historic site meets these criteria if
it is presently listed on either register or if it is determined to meet the
qualifications for listing after review by the Minnesota State Archaeologist
of the Director of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be significant historic sites.
STEEP SLOPES - 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 Ordinance. Where specific
information is not available, steep slopes are lands having average slopes
over twenty (20) percent, as measured over horizontal distances of fifty
(50) feet or more, that are not bluffs.
STRUCTURE - Anything constructed or erected, the use of which requires a
fixed location on the ground or any attachment of something having a
fixed location on the ground, including, in addition to buildings, billboards,
carports, porches, and other building features 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, that
the division 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 - Means any use of shorelands existing prior to the date of
enactment of this Ordinance which is permitted within the applicable
zoning district but not does not meet the minimum lot area and length or
water frontage, structure setbacks, or dimensional standards of the
Ordinance.
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SUPPLY YARD - A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
SURFACE WATER-ORIENTED COMMERCIAL USF - The use of land for
commercial purposes, where access to and use of a surface water
feature is an integral part of the normal conductance of business.
Marinas, resorts, and restaurants with transient docking facilities are
examples of such use.
TOE OF THE BLUFF - The lower point of a fifty (50) foot segment with an
average slope exceeding eighteen (18) percent.
TOP OF THE BLUFF - The higher point of a fifty (50) foot segment with an
average slope exceeding eighteen (18) percent.
TOWER - Any manmade structure to which an antenna is attached, or used to
support an antenna.
TOWNHOUSE - Single family attached units in structures housing three (3) or
more continuous dwelling units, sharing a common wall, each having
separate and individual front and rear entrances; the structure is of a row
type house as distinguished from multiple dwelling apartment buildings.
TRAVEL TRAILERS - A mobile vehicle with wheels, designed for overnight living
or camping purposes, capable of being towed by a passenger
automobile.
USABLE OPEN SPACE - A ground area on a lot which is graded, developed,
landscaped or equipped or intended and maintained for recreation or
leisure, available to and usable by persons occupying a dwelling unit and
their guests.
VARIANCE - A waiving by Board action of the literal provisions of the Zoning
Ordinance in instances where their strict enforcement would cause undue
hardship because of circumstances unique to the individual property
under consideration.
WATER-ORIENTED ACCESSORY STRUCTURE - A building of one hundred
twenty (120) square feet or less used to store boating accessories and
equipment located on lake shore lots that contain steep slopes equal to or
greater than twenty (20) percent 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 mark (OHW) than the normal structural
setback requirement. (Ord 91-07)
YARD - A required open space on a lot which is unoccupied or unobstructed by
structures from ground level upward.
YARD, FRONT - A yard extending across the full width of the lot and lying
between the front property line of the lot and the nearest parallel line
drawn across the front of the principal building.
For lakeshore property, the front yard shall be considered that part of the
lot that is between the road and the nearest parallel line drawn across the
front of the principal building.
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YARD, REAR - A yard extending across the full width of the lot and lying between
the rear line of the lot and the nearest parallel line drawn across the rear
of the principal building.
YARD, SIDE - A yard between the side line of the lot and the nearest line of the
principal building and extending from the front line of the principal building
to the rear line of the principal building. (Ord. 91-03)
WETLAND - A surface water frontage classified as a wetland in the United States
Fish and Wildlife Service Circular NO.39 (1971 Edition).
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"SMORD2'
SECTION 9. SHORELAND DISTRICT
9.1
GENERAL PROVISIONS
A.
Statutory Authorization: This Shoreland Ordinance is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, Chapter 103,
Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and
zoning enabling legislation in Minnesota Statutes, Chapter 462.
B.
Policy: The uncontrolled use of shorelands of the City of Prior Lake affects the
public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety and welfare to provide for the wise
development of shorelands of public waters. The Legislature of Minnesota has
delegated responsibility to the municipalities of the State to regulate the
subdivision, use and development of the shorelands of public waters and thus
preserve and enhance the quality of surface waters, preserve the economic and
natural environmental values of shorelands, and provide for the wise utilization of
waters and related land resources. This responsibility is hereby recognized by
the City of Prior Lake.
9.2
DESIGNATION OF TYPES OF LAND USE
A,
Shoreland Management Classification: In order to guide the wise development
and utilization of shorelands of protected Waters 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:
Natural Environment Lakes DNR ID NO. OHWM
1. Howard Lake 70-73P 957.3
T. 114, 115N
R. 22W, Sections 5, 32
2. Pike Lake 70-76P 820.5
T. 115N, R. 22W,
Section 23
3. Unnamed (Arctic Lake) 70-85 Not
T. 115N, R. 22W, Estab.
Section 33, 34SW
4. Keup's Lake (Mystic Lake) 70-79W 960.0
T. 115N, R. 22W,
Section 28
-11 -
Natural Environmental Lakes DNR ID NO. OHWM
o
Hass Lake
T. 115N, R 22W,
Section 27NW
.
Unnamed (Jeffer's Pond)
T. 115, R. 22W,
Section 27
70-78
70-77
907.3
Not
Estab.
Recreational Development Lakes
.
Markley Lake
T 114N, R 21; 22W
Sections 6, I
.
Unnamed (Blind Lake)
T. 114, R. 22W
Section 1,2
DNR ID NO.
70-21W
70-53
OHWM
Not
Estab.
948.7
General Development Lakes
.
Spring Lake
T. 114N, R. 22W,
Sections 3-5, 8-10
.
Lower Prior Lake
T. 115N, R. 21; 22
Sections 30; 25, 26, 35, 36
.
Upper Prior Lake
T. 114; 115N, R. 22W
Sections 2-4, 34, 35
DNR ID NO.
70-54P
70-26P
70-72P
OHWM
911.0
904.0
904.0
a.
Tributary Streams
Leaal Descriotion
,
Unnamed (to Upper Prior Lake)
SE 1/4, Section 4,
SW 1/4, Section 3,
T. 114N, R. 22W
.
Unnamed Tributary
NE 1/4, Section 27;
Section 23; SE 1/4,
Section 14, T. 115N
R. 22W.
Shoreland District: The shorelands of the City of Prior Lake are hereby
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.
.
Permitted Uses. All permitted uses allowed and regulated by the
applicable zoning district as indicated on the official Zoning Map of the
city.
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9.3
A.
.
.
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 Map of the City and
as required by Section 9.4 B4 of this Ordinance.
Substandard Uses. Any uses of shorelands in existence prior to the
date of enactment of this Ordinance which are permitted within the
applicable zoning district, but do not meet the minimum lot area, setbacks
or other dimensional requirements of this Ordinance are substandard
uses. However, structural alterations which substantially increase the
substandard dimension may not be allowed.
a)
Deck additions may be allowed without a variance to a structure
not meeting the required setback from the ordinary high water
level if all of the following criteria and standards are met:
.
The structure existed on the date the structure setbacks
were established;
.
A thorough evaluation of the property and structure reveals
no reasonable location for a deck meeting or exceeding
the existing ordinary high water level setback of the
structure;
.
The deck encroachment toward the ordinary high water
level does not exceed fifteen (15) percent of the existing
setback of the structure from the ordinary high water level
or does not encroach closer than thirty (30) feet,
whichever is more restrictive; and
.
The deck is constructed primarily of wood, and is not
roofed or screened.
.
Prohibited Uses. Any uses which are not permitted or conditional uses as
regulated by the applicable zoning district underlying this Shoreland
District as indicated on the official Zoning Map of the City.
ZONING PROVISIONS
The following standards shall apply to all shorelands of the protected waters
listed in Section 9.2 of this Ordinance 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:
.
Unsewered Lakes
Natural Environment:
Riparian Lots Non-Riparian Lots
Area Width Area Width
Single 10 acres 330 10 acres 330
Tributary: * There are no minimum lot size requirements for rivers and
streams.
13-
1. Unsewered Lakes continued:
Riparian
Lot Widths
Single 100
Duplex 150
Triplex 200
Quad 250
* There are no minimum lot size requirements for rivers and
Structure
Setback from
OHW (feet)
Natural Dev.
Lakes
150
Top of Bluff
(feet)
30
Unplatted
Cemetery (ft)
50
Structure Height
Limitation (ft)
35
Sewage System
Setback From
OHWM (feet)
150
streams.
Tributary
Rivers
100
30
50
35
75
.
Sewered Lakes
Natural Environment:
Riparian Lots
Area Width
Non-Riparian Lots
Area Width
Single
Duplex
Triplex
Quad
40,000 125
70,000 225
100,000 325
130,000 425
20,000 100
35,000 220
52,O0O 315
65,000 410
Recreational Development:
Area
Riparian Lots
Front OHW Lot
WidthWidth
Non-Riparian Lots
Lot
Area Width
Single
Duplex
Triplex
Quad
15,000 90 75
35,OOO 135 75
50,000 195 75
65,000 255 75
12,000 86
26,000 135
38,000 190
49,OOO 245
-14-
General Development:
Area
Riparian Lots
Front OHW Lot
WidthWidth
Single 15,000 90 75
Duplex 26,000 135 75
Triplex 38,000 195 75
Quad 49,000 255 75
Non-Riparian Lots
Area
12,000
17,500
25,000
32,500
Lot
Width
86
135
190
245
Tributary: * Riparian OHW
Lot Widths Lot Width
Single 86 75
Duplex 115 75
Triplex 150 75
Quad 190 75
* There are no minimum lot size requirements for rivers and streams.
Nat. Rec. Gen. Tri-
Dev. Dev. Dev. tary
Lakes Lakes Lakes Rivers
Structure
Setback from
OHW (feet) 150 75 75 75
Top of Bluff
(feet) 30 30 30 30
Unplatted
Cemetery (ft) 50 50 50 50
Structure Height
Limitation (ft) 35 35 35 35
B,
.
Bluff Impact Zones. Structures and accessory facilities, except stairways
and landings, must not be placed within bluff impact zones.
Impervious Surface Coverage:
.
Impervious surface coverages for lots in all zoning districts shall not
exceed thirty (30) percent of the lot area, except as provided in the
following sections. Such impervious surface coverage shall be
documented by a certificate of survey at the time of any zoning or building
permit application, according to the definitions of impervious surface as
listed in Section 8. Definitions of the Prior Lake Zoning Ordinance.
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 storm water runoff are
15-
C.
in compliance with the Prior Lake Storm Water Management Plan
and approved by the City Engineer.
b.
In all commercial and industrial zoning districts and for public
recreational 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 Prior Lake
Storm Water Management Plan, Best Management Practices and
is approved by the City Engineer, provided the impervious surface
coverage does not exceed seventy-five (75) percent of the total lot
and provided the following stipulations are met:
1)
All structures, additions or expansions shall meet setback
and other requirements of this Ordinance.
2) The lot shall be served by municipal sewer and water
3)
Storm water is collected and treated in compliance with the
City Storm Water Management Plan and Best
Management Practices. Such treatment may be comprised
of either on-site control, access to the City's storm water
control system, or a combination of both, to be approved
by the City Engineer.
C.
Impervious surface coverage for all commercial and industrial
zoning districts and for public recreational uses may be allowed to
exceed seventy-five (75) percent of the total lot or exceed existing
conditions on the lot which are over seventy-five (75) percent
provided the following stipulations are met:
1)
A conditional use permit is submitted and approved as
provided for in Section 9.7 of this Ordinance.
2)
Improvements that will result in an increased rate of runoff
directly entering a public water shall have all structures and
practices in compliance with the City Storm Water
Management Plan in place for the collection and treatment
of storm water runoff or will be constructed in conjunction
with a conditional use permit application.
3)
All the conditions in B.l.b 1)-3) above are satisfactorily
met.
d.
Measures for the treatment of storm water runoff and/or
prevention of storm water from directly entering a public water
include such appurtenances as sediment basins (debris basins,
desilting basins, or silt traps), installation of debris guards and
microsilt basins on storm sewer inlets, oil skimming devices, etc.
Additional Special Provisions:
.
Residential subdivisions with dwelling unit densities exceeding those in
Sections 9.3.A.1 and 9.3.A.2 can only be allowed if designed and
approved as residential planned unit developments under Section 9.11 of
this Ordinance. Only land above the ordinary high water level of public
waters can be used to meet lot area standards, and lot width standards
-16-
.
.
must be met at both the ordinary high water level and at the building line.
Subdivisions of duplexes, triplexes, and quads on Natural Environment
Lakes must also meet the following standards:
a)
Each building must be set back at least two hundred (200) feet
from the ordinary high water level;
b)
Each dwelling unit must be separately served by public utilities,
none of which are shared;
c)
Watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building; and
d)
No more than twenty-five (25) percent of a lake's shoreline can be
in duplex, triplex, or quad developments.
Lots intended as controlled access to public waters or as recreation areas
for use by owners of non-riparian lots within subdivisions are permissible
and must meet or exceed the following standards:
a)
They must meet the width and size requirements for residential
lots, and be suitable for the intended uses of controlled access
lots.
b)
If docking, mooring, or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the
width of the lot (keeping the same lot depth) must be increased by
the percent of the requirements for riparian residential lots for
each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size
To Shore Length
(Acres/Mile)
Required Increase
In Frontage
(Percent)
Less than 100 25
100 - 200 20
201 - 300 15
301 - 400 10
Greater than 400 5
c)
They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of non-riparian lots in the
subdivision who are provided riparian access rights on the access
lot; and
d)
Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring,
or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of
the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The
-17-
O.
covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water, and must
require centralization of all common facilities and activities in the
most suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming Summer, leaf on conditions.
Placement, Design, and Height of Structures:
.
Setback requirements from the ordinary high water mark shall not apply
to piers and docks. Location of piers and docks shall be controlled by
applicable state and local regulations.
,,
On undeveloped shoreland lots that have two (2) adjacent lots with
existing principle structures on both such adjacent lots, any new
residential structure may be set back from the average setback of the
adjacent structures from the ordinary high water mark or fifty (50) feet,
whichever is greater, provided all other provisions of the Shoreland
District are complied with. In no instance shall a principal structure be
located in a shore impact zone or a bluff impact zone.
o
High Water Elevations. Structures must be placed in accordance with
any floodplain regulations applicable to the site. Where these controls do
not exist, the elevation to which the lowest floor, including basement, is
placed must be determined as follows:
a)
For lakes, by placing the lowest floor at a level at least three (3)
feet above the highest known water level, or three (3) feet above
the ordinary high water level, whichever is higher;
b)
For rivers and streams, by placing the lowest floor at least three
(3) feet above the flood of record, if data are available. If data are
not available, by placing the lowest floor at least three (3) feet
above the ordinary high water level, or by conducting a technical
evaluation to determine effects of proposed construction upon
flood stages and flood flows and to establish a flood protection
elevation. Under all three approaches, technical evaluations must
be done by a qualified engineer or hydrologist consistent with
Parts 6120.5000 to 6120.6200 governing the management of
floodplain areas. If more than one approach is used, the highest
flood protection elevation determined must be used for placing
structures and other facilities, and
c)
Water-oriented accessory structures may have the lowest floor
placed lower than the elevation determined in this item if the
structure is constructed of flood-resistant materials to the
elevation, electrical and mechanical equipment is 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.
.
One (1) water-oriented accessory structure may be allowed per lot on
General Development (GD) lakes that have municipal sewer and water,
provided a building permit is obtained form the City of Prior Lake and the
following criteria are met:
-18-
.
a)
b)
c)
d)
e)
g)
The lot contains a slope equal to or greater than twenty (20)
percent measured from the front of the principal structure to the
ordinary high water mark; and
The structure must be one (1) story in height and cannot occupy
an area greater than one hundred twenty (120) square feet and
the maximum height of the structure must not exceed ten (10) feet
including the roof; and
The structure shall be located in the most visually inconspicuous
portion of the lot, as viewed from the surface of the lake, assuming
Summer, leaf-on conditions. The minimum setback requirement
must be at least ten (10) feet from the ordinary high water mark
and meet the other applicable side yard setbacks. The setbacks
shall be verified by a certificate of survey prepared by a registered
surveyor; and
The structure
and must not
However, the
systems; and
must not be designed or used for human habitation
contain water supply or sewage treatment facilities.
structure may contain electrical and mechanical
The structure must be constructed of treated wood and/or block
that is compatible with the principal structure and designed to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks or
color, assuming Summer, leaf-on conditions; and
If the proposed structure will be located below the regulatory
floodplain elevation, the structure must be built compliant with
applicable flood-proofing requirements of the Building Code and
Prior Lake Floodplain Ordinance; and
Trees that are four (4) 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 must be made
with the approval of the Building Official. Erosion control
measures, as required by the Building Official, must be
implemented and all disturbed vegetation replaced with sod or
suitable landscaping materials.
h)
The structure shall be attached to a permanent foundation so as
to be immovable from its approved location.
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 must
meet the following design requirements.
a)
Stairways and lifts must not exceed four (4) feet in width on
residential lots. Wider stairways may be used for commercial
properties, public open space recreational properties, and planned
unit developments;
b)
Landings for stairways and lifts on residential lots must not exceed
thirty-two (32) square feet in area. Landings larger than thirty-two
-19-
.
.
.
square feet may be used for commercial properties, public open
space recreational properties, and planned unit developments.
The required lakeshore setback for landings shall be ten (10) feet,
measured from the ordinary high water mark of the public water.
Landings shall not project into any required side yard setback.
c) Canopies or roofs are not allowed on stairways, lifts, or landings;
d)
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:
e)
Stairways, lifts and landings must be located in the most visually
inconspicuous portions of lots, as viewed form the surface of the
public water assuming Summer, leaf on conditions, whenever
practical; and
Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed for achieving access to
shore areas, provided that the dimensional and performance
standards of sub-items (1) to (5) are complied with in addition to
the requirements of Minnesota Regulations, Chapter 1340.
Significant Historic Sites. No structure may be placed on a significant
historic site 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.
Steep Slopes. The City Engineer must evaluate possible soil erosion
impacts and development visibility form public waters before issuing a
permit for construction of sewage treatment systems, roads, driveways,
structures, or other improvements on steep slopes. When determined
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 form the surface of public waters,
assuming Summer, leaf on vegetation.
Height of Structures. All structures in residential districts, except
churches and non-residential agricultural structures, must not exceed
thirty-five (35) feet in height.
- 20-
'SMORD3'
9.4
E. 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, 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 as set forth in Section 9.7 of this Ordinance.
b)
Any structure built on an island must contain an enclosed septic
system or incinerator toilet facilities.
c)
An application for building permit or variance must include a
signed lease arrangement that indicates that the owner has two,
on land, parking spaces for vehicles. Parking vehicles on public
streets, while occupying a seasonal structure on the island, is not
permitted. 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 fifteen thousand (15,000) square feet or two (2)
contiguous (side-by-side) lakeshore lots, whichever is less.
e) The minimum lot width at OHW is seventy-five (75) feet.
f) Setbacks for structures on islands shall comply with the following:
1 ) Structure setback
from OHW 100 feet
2) Side Yard 10 feet
3) Gray Water System
from OHW 75
g)
Clear cutting of natural vegetation is prohibited. Natural
vegetation shall be restored insofar as feasible immediately after
any construction project is completed to retard surface runoff and
soil erosion.
h)
Any removal of vegetation in conjunction with any construction
project shall require a restoration plan to be submitted and
reviewed by the City to ensure that natural vegetation is retained
insofar as possible to screen seasonal structures and other
buildings on site.
The lowest floor elevation of the structure including basement and
crawl space must meet the City's Floodplain Management
Ordinance requirements or provisions for locating the Iow flood
elevation as described in Section 9.3.D.3 of this Ordinance.
SHORELAND ALTERATIONS: Alterations of vegetation and topography will
be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland
- 21 -
aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife
habitat.
A. Vegetation Alterations:
,
Vegetation alteration necessary for the construction of structures and
sewage treatment systems and the construction of roads and parking
areas regulated by this Ordinance are exempt from the vegetation
alteration standards that follow.
,
Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated by this Ordinance is allowed subject to
the following standards:
a)
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 as a conditional use if an erosion control and
sedimentation plan is developed and approved by the soil and
water conservation district in which the property is located.
b)
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:
,
The screening of structures, vehicles, or other facilities as
viewed from the water, assuming Summer, leaf on
conditions, is not substantially reduced;
e
Along rivers, existing shading of water surfaces is
preserved; and
,
The above provisions are not applicable to the removal of
trees, limbs, or branches that are dead, diseased, or pose
safety hazards.
B. Topographic Alterations/Grading and Filling:
le
Grading and filling and excavations 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 filling permit. However, the grading and filling
standards in this section must be incorporated into the issuance of
permits for construction of structures, sewage treatment systems, and
driveways.
e
Public roads and parking areas are regulated by Section 9.4C of this
Ordinance.
.
Notwithstanding items 1 and 2 above, a grading and filling permit will be
required for:
- 22 -
.
a)
The movement of more than ten (10) cubic yards of material on
steep slopes or within shore or bluff impact zones; and
b)
The movement of more than fifty (50) cubic yards of material
outside of steep slopes and shore and bluff impact zones.
The following considerations and conditions must be adhered to during
the issuance of construction permits, grading and filling permits,
conditional use permits, variances and subdivision approvals:
a)
Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland, as
defined in the United States Fish and Wildlife Service Circulation
No. 39 (1971 Edition), must be evaluated to determine how
extensively the proposed activity would affect the following
functional qualities of the wetland*:
1. Sediment and pollutant trapping and retention;
.
Storage of surface runoff to prevent or reduce flood
damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
.
Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and
animals, or others.
* This evaluation must also include a determination of
whether the wetland alteration being proposed requires permits,
reviews, or approvals by other local, state, or federal agencies
such as a watershed district, the Minnesota Department of Natural
Resources, or the United States Army Corps of Engineers. The
applicant will be so advised.
b)
Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for
the shortest time possible;
c)
Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible.
d)
Methods to minimize soil erosion and to trap sediments before
they reach any surface water feature must be used;
e)
Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the
local soil and water conservation districts and the United States
Soil Conservation Service;
Fill or excavated material must not be placed in a manner that
creates an unstable slope;
- 23 -
C.
D.
g)
Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability
and must not create finished slopes of thirty (30) percent or
greater;
h)
Fill or excavated material must not be placed in bluff impact
zones;
Any alterations below the ordinary high water level of public
waters must first be authorized by the Commissioner under
Minnesota Statutes, Section 103G.241;
Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely
affect adjacent or nearby properties; and
k)
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 (3) feet horizontal to one foot
vertical, the landward extent of the riprap is within ten (10) feet of
the ordinary high water level, and the height of the riprap above
the ordinary high water level does not exceed three (3) feet.
Placement and Design of Roads, Driveways and Parking Areas:
.
Public and private roads and parking areas must be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Documentation must 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 field office technical guides of the local soil and
water conservation district, or other applicable technical materials.
.
Roads, driveways, and parking areas must meet shoreland setbacks and
must not be placed within bluff and shore impact zones, when other
reasonable and feasible placement alteration exist. If no alternatives
exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
.
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 control conditions of this
sub-part are met. For private facilities, the grading and filling provisions
of Section 9.4.B of this Ordinance must be met.
Storm Water Management:
.
When possible, existing natural drainageways, wetlands, and vegetated
soil surfaces must be used to convey, store, filter, and retain storm water
runoff before discharge to public waters.
.
Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion potential,
and reduce and delay runoff volumes. Disturbed areas must be stabilized
and protected as soon as possible in accordance with Best Management
Practices. Facilities or methods shall be used to retain sediment on the
site.
- 24-
9.5
.
When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff using
natural features and vegetation, various types of constructed facilities
such diversions, settling basins, skimming devices, dikes, waterways, and
ponds may be used. Preference must be given to designs using surface
drainage, vegetation, and infiltration rather than buried pipes and
man-made materials and facilities.
.
When constructed facilities are used for storm water management,
documentation must be provided by a qualified individual that they are
designed and installed consistent with the field office technical guide of
the local soil and water conservation districts.
,
New constructed storm water outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris
before .'Jischarge.
SPECIAL PROVISIONS FOR COMMERCIAL,
PUBLIC/SEMI-PUBLIC, AGRICULTURAL, AND FORESTRY:
INDUSTRIAL,
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 or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
a)
In addition to meeting impervious coverage limits, setbacks, and
other zoning standards in this Ordinance, the uses must be
designed to incorporate topographic and vegetative screening of
parking areas and structures;
b)
Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimize size necessary to meet the
need; and
c)
Uses that depend on patron arriving by watercraft may use signs
and lighting to convey needed information to the public, subject to
the following general standards:
,
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;
.
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. They
must only convey the location and name of the
establishment and the general types of goods or services
available. The signs must not contain other detailed
information such as product brands and prices, must not
be located higher than ten (10) feet above the ground, and
must not exceed thirty-two (32) square feet in size. If
illuminated by artificial lights, the lights must be shielded or
- 25-
9.6
B,
Co
A,
S.
directed to prevent illumination out across public waters;
and
.
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.
.
Uses without water-oriented needs must be located on lots or parcels
without public waters frontage, or if located on lots or parcels with public
waters frontage, must either be set back double the normal ordinary high
water level setback or be substantially screened from view from the water
by vegetation or topography, assuming Summer, leaf on conditions.
Water-oriented need shall be determined by the Zoning Administrator.
Agriculture Use Standards:
.
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 field office technical guides of
the local soil and water conservation districts or the United States Soil
Conservation Service, 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 fifty (50) feet from the ordinary high water
level.
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 three hundred (300) feet from the ordinary high water
level of all public waters basins; and
b)
Modifications or expansions to existing feedlots that are located
within three hundred (300) feet of the ordinary high water level or
within a bluff impact zone are allowed if they do not further
encroach into the existing ordinary high water level setback or
encroach on bluff impact zones.
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".
WATER SUPPLY AND SEWAGE TREATMENT:
Water Supply: Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality of the Minnesota Department of
Health and the Minnesota Pollution Control Agency.
Sewage Treatment: Any premises used for human occupancy must be provided
with an adequate method of sewage treatment, as follows:
- 26 -
1. Publicly-owned sewer systems must be used where available.
.
.
o
.
7,
All private sewage treatment systems must meet or exceed the
Minnesota Pollution Control Agency's standards for individual sewage
treatment systems contained in the document titled, "Individual Sewage
Treatment Systems Standards, Chapter 7080", a copy of which is hereby
adopted by reference and declared to be a part of this Ordinance.
On-site sewage treatment systems must be set back from the ordinary
high water level in accordance with the setbacks contained in Section
9.3.A. 1 of this Ordinance.
All proposed sites for individual sewage treatment systems shall be
evaluated in accordance with the criteria in sub-items a) - d). 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.
Evaluation Criteria:
a)
Depth to the highest known or calculated ground water table or
bedrock;
b) Soil conditions, properties, and permeability;
c) Slope;
d)
The existence of lowlands, local surface depressions, and rock
outcrops.
Non-conforming sewage treatment systems shall be regulated and
upgraded in accordance with Sections 9.6.B.6 and 7 of this Ordinance.
An existing treatment system not meeting the requirements of this
Ordinance must 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 non-conforming if the only
deficiency is the sewage treatment system's improper setback from the
ordinary high water level.
The City of Prior Lake has by formal resolution notified the Commissioner
of its program to identify non-conforming sewage treatment systems. The
City of Prior Lake will require upgrading or replacement of any
non-conforming system identified by this program within two (2) years, as
described in Section 9.6.B.6 of this Ordinance. Sewage systems installed
according to all applicable local shoreland management standards
adopted under Minnesota Statutes, Section 105.485, 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 with less
soil treatment area separation above ground water than required by the
Minnesota Pollution Control Agency's Chapter 7080 for design of on-site
sewage treatment systems, shall be considered non-conforming.
- 27 -
9.7
CONDITIONAL USES: Conditional uses allowable within shoreland areas shall
be subject to the review and approval procedures, and criteria and conditions for review
of conditional uses established in Section 9.4 B4 of this Ordinance.
The following additional evaluation criteria and conditions apply within shoreland areas:
A. Evaluation Criteria: A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
,
The prevention of soil erosion or other possible pollution of public waters,
both during and after construction;
1
The visibility of structures and other facilities as viewed from public waters
is limited;
3. The site is adequate for water supply and on-site sewage treatment; and
.
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 these watercraft.
Bo
Conditions Attached to Conditional Use Permits: The City Council, upon
consideration of the criteria listed above and the purposes of this Ordinance,
shall attach such conditions to the issuance of the conditional use permits as it
deems necessary to fulfill the purposes of this Ordinance. Such conditions may
include, but are not limited to, the following:
1. Increased setbacks from the ordinary high water level;
.
Limitations on the natural vegetation to be removed or the requirement
that additional vegetation be planted; and
,
Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle
parking areas.
9.8
A.
Bi
VARIANCES:
Variances may only be granted in accordance with Minnesota Statutes, Chapter
462, as applicable. A variance may not circumvent the general purposes and
intent of this Ordinance. No variance may be granted that would allow any use
that is prohibited in the zoning district in which the subject property is located.
Conditions may be imposed in the granting of a variance to ensure compliance
and to protect adjacent properties and the public interest. In considering a
variance request, the Board of Adjustment must also consider whether the
property owner has reasonable use of the land without the variance, whether the
property is used seasonally or year-round, whether the variance is being
requested solely on the basis of economic considerations, and the characteristics
of development on adjacent properties.
The Board of Adjustment shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of business. When
a variance is approved after the Department of Natural Resources has formally
recommended denial in the hearing record, the notification of the approved
variance required in Section 9.10 shall also include the Board of Adjustment's
summary of the public record/testimony and the findings of facts and conclusions
which supported the issuance of the variance.
- 28 -
9.9
Gl
A.
B.
Co
For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use
of the property. The variance, if issued, must require reconstruction of a
non-conforming sewage treatment system.
SUBDIVISION/PLATTING PROVISIONS:
Land Suitability: Each lot created through subdivision, including planned unit
developments authorized under Section 9.9 of this Ordinance, must be suitable
in its natural state for the proposed use with minimal alteration. Suitability
analysis by the local unit of government shall consider susceptibility to flooding,
existence of wetlands, soil and rock formations with severe limitations for
development, severe erosion potential, steep topography, inadequate water
supply or sewage treatment capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important fish and wildlife habitat,
presence of significant historic sites, or any other feature of the natural land likely
to be harmful to the health, safety, or welfare of future residents of the proposed
subdivision.
Consistency with Other Controls: Subdivisions must conform to all official
controls within the Prior Lake Subdivision Ordinance. A subdivision will not be
approved where a later variance from one or more standards in official controls
would be needed to use the lots for their intended purpose. In areas not served
by publicly owned sewer and water systems, a subdivision will not be approved
unless domestic water supply is available and a sewage treatment system
consistent with Section 9.6 can be provided for every lot. Each lot shall meet the
minimum lot size and dimensional requirements of Section 9.3, including at least
a minimum contiguous lawn area, that is free of limiting factors sufficient for the
construction of two standard soil treatment systems. Lots that would require use
of holding tanks must not be approved.
Information Requirements: Sufficient information must be submitted by the
applicant for the community to make a determination of land suitability. The
information shall include at least the following:
.
Topographic contours at ten (10) foot intervals or less from United States
Geological Survey maps or more accurate sources, showing limiting size
characteristics;
1
The surface water features required in Minnesota Statutes, Section
505.02, Subdivision 1, to be shown on plats, obtained from United States
Geological Survey quadrangle topographic maps or more accurate
sources;
.
Adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing
sources or from field investigations such as soil borings, percolation tests,
or other methods;
.
Information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near-shore aquatic
conditions, including depths, types of bottom sediments, and aquatic
vegetation; and proposed methods for controlling storm water runoff and
erosion, both during and after construction activities;
- 29 -
D.
E.
.
Location of 100 year floodplain areas and floodway districts from existing
adopted maps or data; and
.
A line or contour representing the ordinary high water level, the "toe" and
the "top" of the bluffs, and the minimum building setback distances from
the top of the bluff and the lake or stream.
Dedications: When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding
areas for management of storm water and significant wetlands.
Platting: All subdivisions that create five or more lots or parcels that are ten (10)
acres or less in size shall be processed as a plat in accordance with Minnesota
Statutes, Chapter 505. No permit for construction of buildings or sewage
treatment systems shall be issued for lots created after these official controls
were enacted unless the lot was approved as part of a formal subdivision.
Controlled Access or Recreational Lots: Lots intended as controlled accesses to
public waters or for recreational use areas for use by non-riparian lots within a
subdivision must meet or exceed the sizing criteria in Section 9.3 of this
Ordinance.
9.10
A.
B,
NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES:
Copies of all notices of any public hearings to consider variances, amendments,
or conditional uses under local shoreland management controls must be sent to
the Commissioner or the Commissioner's designated representative and
postmarked at least ten (10) days before the hearings. Notices of hearings to
consider proposed subdivisions/plats must include copies of the subdivision/plat.
A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shoreland management
controls must be sent to the Commissioner or the Commissioner's designated
representative and postmarked within ten (10) days of final action.
- 30 -
'SMORD4'
9.11
Ao
B.
C.
PLANNED UNIT DEVELOPMENTS (PUDs):
Types of PUDs Permissible: Planned unit developments (PUDs) are allowed for
new projects on undeveloped land, redevelopment of previously built sites, or
conversions of existing buildings and land. The land use districts in which they
are an allowable use are identified in the land use district descriptions in
Subdivision 9.2.B.1 of this Ordinance and the official zoning map.
Application for a PUD: The applicant for a PUD must submit the following
documents prior to final action being taken on the application request:
.
A site plan and/or plat for the project showing locations of property
boundaries, surface water features, existing and proposed structures and
other facilities, land alterations, sewage treatment and water supply
systems (where public systems will not be provided), and topographic
contours at two (2) foot intervals or less. When a PUD is a combined
commercial and residential development, the site plan and/or plat must
indicate and distinguish which buildings and portions of the project are
residential, commercial, or a combination of the two.
.
A property owners association agreement (for residential PUDs) with
mandatory membership, and all in accordance with the requirements of
Section 9.11 .F of this Ordinance.
.
Deed restrictions, covenants, permanent easements or other instruments
that: 1) properly address future vegetative and topographic alterations,
construction of additional buildings, beaching of watercraft, and
construction of commercial buildings in residential PUDs and 2) ensure
the long term preservation and maintenance of open space in accordance
with the criteria and analysis specified in Section 9.11 .F of this Ordinance.
.
When necessary, a master plan/drawing describing the project and the
floor plan for all commercial structures to be occupied.
.
Those additional documents as requested by the Zoning Administrator
that are necessary to explain how the PUD will be designed and will
function.
Site "Suitable Area" Evaluations: Proposed new or expansions to existing
planned unit developments must be evaluated using the following procedures
and standards to determine the suitable area for the dwelling unit/dwelling site
density evaluation in Section 9.11 .F of this Ordinance.
.
The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level
at the following intervals, proceeding landward.
- 31 -
D.
Shoreland Tier Dimensions
General Development Lakes-
First Tier
General Development Lakes-
Second Tier
Recreational Development
Lakes
Natural Environment Lakes
All River Classes
Unsewered Sewered
(feet) (feet)
200 200
267 200
267 267
400 320
3OO 3OO
1
The suitable area within each tier is next calculated by excluding from the
tier area all wetlands, bluffs, or land below the ordinary high water level of
public waters. This suitable area and the proposed project are then
subject to either the residential or commercial planned unit development
density evaluation steps to arrive at an allowable number of dwelling units
or sites.
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 waterbody, but must not be transferred to any other tier
closer.
1. Residential PUD "Base" Density Evaluation.
a)
The suitable area within each tier is divided by the single
residential lot size standard for lakes or, for rivers, the single
residential lot width standard times the tier depth, unless the local
unit of government has specified an alternative minimum lot size
for rivers which shall then be used to yield a base density of
dwelling units or sites for each tier. Proposed locations and
numbers of dwelling units or sites for the residential planned until
developments are then compared with the tier, density, and
suitability analysis herein and the design criteria in Section 9.11.F
of this Ordinance.
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, stops, steps, garages, or porches and
basements, unless they are habitable space.
b) Select the appropriate floor area ratio from the following table.
- 32 -
Commercial Planned Unit Development
Floor Area Ratios*
Public Waters Classes
*Average
unit floor
area(sq.ft.)
20O
3OO
4OO
5OO
6OO
7OO
800
9OO
1,000
1,100
1,200
1,300
1,400
1,500
Sewered general
development
lakes; first
tier on unsewered
general develop-
ment lakes; urban,
agricultural,
tributary river
segments
Second and
additional tiers
on unsewered
general develop-
ment lakes;
recreational
lake; transition
and forested
river segments
Natural
environment
lakes and
remote river
segments
.040 .020 .010
.048 .024 .012
.056 .028 .014
.065 .032 .016
.072 .038 .019
.082 .042 .021
.091 .046 .023
.099 .050 .025
108 .054 .027
116 .058 .029
125 .064 .032
133 .068 .034
142 .072 .036
150 .075 .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. Manufactured home sites in
recreational camping areas shall 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 Item C above by the
average inside living area size determined in Item A above. This
yields a base number of dwelling units and sites for each tier.
e)
Proposed locations and numbers of dwelling units or sites for the
commercial planned unit development are then compared with the
tier, density and suitability analysis herein and the design criteria
in Section 9.1'1 .F of this Ordinance.
.
Density Increase Multipliers.
a)
Increases to the dwelling unit or dwelling site base densities
previously determined are allowable if the dimensional standards
in Section 9.3 of this Ordinance are met or exceeded and the
design criteria in Section 9.11.F of this Ordinance are satisfied.
The allowable density increases in Item b below will only be
allowed if structure setbacks from the ordinary high water level are
- 33 -
F.
increased to at least fifty (50) percent greater than the minimum
setback, or the impact on the waterbody is reduced an equivalent
amount through vegetative management, topography, or additional
means acceptable to the local unit of government and the setback
is at least twenty-five (25) percent greater than the minimum
setback.
b)
Allowable dwelling unit or dwelling site density increases for
residential or commercial planned unit developments:
Density Evaluation
'hers
Maximum density increase
within each tier
First 50%
Second 100%
Third 200%
Fourth 200%
Fifth 200%
Maintenance and Design Criteria
1. Maintenance and Administration Requirements.
a)
Before final approval of a planned unit development, adequate
provisions 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);
.
Vegetation and topographic alterations other than routine
maintenance prohibited;
.
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 alternative community framework is established, when
applicable, all residential planned unit developments must use an
owners association with the following features:
.
Membership must be mandatory for each dwelling unit or
site purchaser and any successive purchasers;
2. Each member must pay a pro rata share of the
association's expenses, and unpaid assessments can
become liens on units or sites;
- 34 -
.
.
.
Assessments must be adjustable to accommodate
changing conditions; and
.
The association must be responsible for insurance, taxes,
and maintenance of all commonly owned property and
facilities.
Open Space Requirements. Planned unit developments must contain
open space meeting all of the following criteria:
a)
At least fifty (50) percent of the total project area within the
Shoreland District must 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, or facilities, are developed areas and shall
not be included in the computation of minimum open space;
c)
Open space must 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 of 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;
Open space must not include commercial facilities or uses, but
may contain water-oriented accessory structures or facilities;
g)
The appearance of open space areas, including topography,
vegetation, and allowable uses, must 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, must
be included as open space. For residential PUDs, at least fifty
(50) percent of the shore impact zone area of existing
developments or at least seventy (70) percent of the shore impact
zone area of new developments must be preserved in its natural
existing state. For commercial PUDs, at least fifty (50) percent of
the shore impact zone must be preserved in its natural state.
Erosion Control and Storm Water Management. Erosion Control, storm
water management plans, and Best Management Practices must be
developed and the PUD must:
a)
Be designed, and the construction managed, to minimize the
likelihood of serious erosion occurring either during or after
construction. This must be accomplished by limiting the amount
and length of time of bare ground exposure. Temporary ground
covers, sediment entrapment facilities, vegetated buffer strips, or
other appropriate techniques must be used to minimize erosion
- 35 -
,
impacts on surface water features. Erosion control plans
approved by a soil and water conservation district may be required
if project size and site physical characteristic warrant; and
b)
Be designed and constructed to effectively manage reasonably
expected quantities and qualities of storm water runoff.
Impervious surface coverage within any tier must not exceed
twenty-five (25) percent of the tier area, except that for
commercial PUDs thirty-five (35) percent impervious surface
coverage may be allowed in the first tier of general development
lakes with an approved storm water management plan and
consistent with Section 9.4 of this Ordinance.
Centralization and Design of Facilities. Centralization and design of
facilities and structures must be done according to the following
standards:
a)
Planned unit developments must be connected to publicly owned
water supply and sewer systems.
b)
Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
standards for the relevant shoreland classification: setback from
the ordinary high water level, elevation above the surface water
features, and maximum height. Setbacks from the ordinary high
water level must be increased in accordance with Section 9.3 of
this Ordinance for developments with density increases;
c)
Shore recreation facilities, including but not limited to swimming
areas, docks, and watercraft mooring areas and launching ramps,
must be centralized and located in areas suitable for them.
Evaluation of suitability must 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 must 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 must 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 must be preserved, if existing, or may be required to be
provided;
e)
Accessory structures and facilities, except water oriented
accessory structures, must meet the required principal structure
setback and must be centralized; and
Water oriented accessory structures and facilities may be allowed
if they meet or exceed design standards contained in Section
9.3.D.4 of this Ordinance.
- 36-
9.12
G.
Bi
Conversions. Local governments may allow existing resorts or other land uses
and facilities to be converted to residential planned unit developments if all of the
following standards are met:
It
Proposed conversions must be initially evaluated using the same
procedures for residential planned unit developments involving all new
construction. Inconsistencies between existing features of the
development and these standards must be identified.
,
Deficiencies involving water supply and sewage treatment, structure
color, impervious coverage, open space, and shore recreation facilities
must be corrected as part of the conversion or as specified in the
conditional use permits.
1
Shore and bluff impact zone deficiencies must be evaluated and
reasonable improvements made as part of the conversion. These
improvements must 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 erosion sites 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 must 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.
,
Existing dwelling unit or dwelling site densities that exceed standards in
Section 9.11.E of this Ordinance may be allowed to continue but must not
be allowed to be increased, either at the time of conversion or in the
future. Efforts must 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.
DEVELOPMENT ON SUBSTANDARD LOTS
Purpose:
.
The purpose of regulating development on substandard lots of record is
to coordinate development on substandard lots to insure environmentally
sensitive development, insure compatibility with surrounding existing
development and to allow for combination of lots to the extent possible.
Substandard Lot: Development of a substandard lot of record requires sensitivity
and careful attention to issues of drainage, setbacks, floodplain elevation,
grading, lot coverage, existing vegetation cover, and relationship to adjacent
structures. New construction upon substandard lots should be carefully designed
to integrate with the existing neighborhood development. It is the intent of this
section to provide flexibility to develop substandard lots. However, the
requirements outlined herein are intended to define the conditions under which
the City will allow a substandard lot to be developed for single family detached
- 37 -
dwelling purposes without a variance. Development on substandard lots of
record which do not comply with these criteria may only be considered after
application for, and approval of, appropriate variances as provided for in Section
7.6 of the Prior Lake Zoning Ordinance.
1. Sewered Areas.
a)
A lot of record existing upon the effective date of this Ordinance in
a residential district, located adjacent to a General Development
or Recreational Development Lake, which does not meet the
requirements of this Ordinance as to area or width may be utilized
for single family detached dwelling purposes provided that all of
the conditions of this sub-section apply.
1)
The minimum lot size with public sewer shall be a
minimum of fifty (50) feet in width measured at the front
yard setback line and shall have a minimum lot area equal
to or greater than seven thousand five hundred (7,500)
square feet.
2)
The lot has been assessed a sewer and water assessment
and will not require an on-site septic system for
development.
3)
The lot was created compliant with official controls in effect
at the time.
4)
The development plans must be in conformance with the
policies for residential development as outlined in the
Comprehensive Plan.
5)
The development plan must not exceed thirty (30) percent
impervious surface coverage.
6)
Development must be planned and conducted in such a
manner that the control of disturbed areas and erosion is
demonstrated during and after construction.
7)
A complete grading and drainage plan be submitted to the
City Engineer for review. Such plans should be prepared
in accordance with the National Urban Runoff Program
(NURP) Guidelines and Best Management Practices, until
such a time as the City adopts a Storm Water
Management Plan.
8)
Any cutting of existing vegetation is minimized to the extent
possible.
9)
The lot and proposed structure must meet all other
performance standards of the zoning and building codes.
10)
A substandard, R-1 zoned lot of record, which contains fifty
(50) feet of lot width, measured at the required front yard
setback line, may utilize one five (5) foot side yard setback
provided the following conditions apply:
- 38 -
a)
The lot is not contiguous to another lot owned in
common by the applicant.
b)
No significant trees of twelve (12) inches or more
in caliper will need to be removed to
accommodate the five (5) foot side yard setback.
c)
No encroachment into any other required
setback will be necessary.
d)
In no case shall a proposed building encroach
upon any recorded easement.
e)
There are no written objections from neighbors
located within one hundred (100) feet of the
subject site. The applicant will be required to
provide a list of property owners prepared by a
certified abstract company for notification
purposes. Property owners will be given a ten
(10) day notification period in which to respond
to the proposed five (5) foot setback. Property
owners directly adjacent to the five (5) foot
setback side yard shall be notified by certified
mail, or other registered delivery requiring a
return receipt. In the event that no objections
are received, the application may be processed
administratively by staff. In the event that a
written objection is filed within the ten (10) day
notification period, the applicant will be required
to file a variance application and supporting
materials according to the appropriate provisions
of the Zoning Ordinance.
2. Unsewered Lots.
a)
VVhere two or more contiguous lots are under the same
ownership, any individual lot which does not meet the
requirements of Section 9.3.A of this Ordinance, the lot shall not
be considered as a separate parcel of land for the purposes of
sale or development. The lot must be combined with one or
more contiguous lots so they equal one or more parcels of
land meeting the requirements of Section 9.3.A of this Ordinance
as much as possible.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 1st day of March 1993.
-39-
Attest:
Pub~ Prior Lake American on the 2nd day of December, 1995.
Drafted By:
Steve Grittman
Northwest Associated Consultants, Inc.
5775 Wayzata Blvd. Suite 555
St. Louis Park, MN 55416
-40-