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Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 118-13
AN ORDINANCE AMENDING PART 10 (SUBDIVISIONS) AND SECTION 1101 (GENERAL
PROVISIONS) OF THE PRIOR LAKE CITY CODE
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1.City Code Part 10 (Subdivisions) is hereby deleted in its entirety and replaced with the document
entitled Draft Ordinance, dated August 6, 2018, attached hereto as Exhibit A.
2.City Code Section 1101 (General Provisions) is hereby deleted in its entirety and replaced with
the document entitled Draft Ordinance, dated August 6, 2018, attached hereto as Exhibit B.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of August 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
A summary of this ordinance was published in the Prior Lake American on the 11th day of August
2018.
PART 10
SUBDIVISIONS
SECTION TITLE
1001 General Subdivision Provisions
1002 Procedures for Filing and Review
1003 Plat and Data Requirements
1004 Design Standards
1005 Required Basic Improvements
1006 Administration and Enforcement
Exhibit A
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SECTION 1001
GENERAL SUBDIVISION PROVISIONS
SUBSECTIONS:
1001.100: SHORT TITLE
1001.200: PURPOSE
1001.300: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS
1001.400: CONDITIONS FOR RECORDING
1001.500: BUILDING PERMITS
1001.600: EXCEPTIONS
1001.700: DEFINITIONS
1001.100: SHORT TITLE: This Part 10 and the regulations set forth herein shall be known as
the SUBDIVISION CODE OF THE CITY OF PRIOR LAKE and will be referred to
herein as the "Subdivision Code" (It also may be referred to throughout the City Code
as the Subdivision Ordinance”).
1001.200: PURPOSE: In order to safeguard the best interests of the City and to assist in
balancing and harmonizing the interests of the subdivider with those of the City at
large, the following regulations are adopted so that the adherence to same will bring
results beneficial to both parties. It is the purpose of the Subdivision Code to make
certain regulations and requirements for the subdivision and platting of land within
the City, pursuant to the authority contained in Minnesota Statutes which regulations
the City Council deems necessary to promote and protect the health, safety and
general welfare of this community, to provide for the orderly, economic, and safe
development of land, to preserve agricultural lands, to promote the availability of
housing affordable to persons and families of all income levels, and to facilitate
adequate provision for transportation, water, sewage, storm drainage, schools, parks,
playgrounds, and other public services and facilities.
1001.300: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS: Before
any plat shall be recorded or be of any validity, it shall be referred to the Planning
Commission and be approved by the City Council as having fulfilled the requirements
of the Subdivision Code.
1001.400: CONDITIONS FOR RECORDING: No plat of any subdivision shall be entitled to
recording in the County Recorder's or Registrar’s office or have any validity until the
plat thereof has been prepared, approved and acknowledged in the manner
prescribed by the Subdivision Code.
1001.500: BUILDING PERMITS: No building permits shall be considered for issuance by the
City for the construction of any building, structure or improvement to any land or lot
that has been or is to be combined or subdivided, until all requirements of the
Subdivision Code have been fully complied with.
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1001.600: EXCEPTIONS: The following land subdivisions and combinations are exempted from
the provisions of the Subdivision Code and within 15 business days of such a request,
the City shall certify that the Subdivision Code does not apply to such land
subdivisions or combinations:
(1) The subdivision of land where the purpose is to permit the adding of a piece of
property to an abutting lot (lot line adjustment) when the newly created property line
will not cause the land or any structure to be in violation of the provisions of the
Subdivision Code or the Zoning Code.
(2) Two or more lots, or combination of lots and portions of lots, with continuous frontage,
in single ownership, and of record, which are considered to be an individual lot
according to the provisions of Subsection 1101.501(3) of the Zoning Code.
(3) The combination of 2 or more nonconforming lots of record separated by a private
street as permitted under the provisions of Subsection 1101.501(3d) of the Zoning
Code.
(4) The subdivision of a lot upon which a two-family dwelling, townhouse or a
quadrominium has been constructed that is already a part of a recorded plat where
the purpose of the subdivision is to permit individual private ownership of a single
dwelling unit within such a structure and the newly created property lines will not
cause any of the units, lots or the structure to be in violation of the Subdivision Code
or the Zoning Code.
1001.700: DEFINITIONS: For the purpose of this Subdivision Code, certain words and terms
are defined as set forth in Subsection 1101.400 of the Zoning Code.
(Ord. Amd. 118-13, publ. 08/11/2018)
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SECTION 1002
PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS
SUBSECTIONS:
1002.100: CONCEPT PLAN
1002.200: PRELIMINARY PLAT
1002.300: FINAL PLAT
1002.400: COMBING PRELIMINARY AND FINAL PLATS
1002.500: CIC PLAT
1002.600: EFFECT OF SUBDIVISION APPROVAL
1002.700: PREMATURE SUBDIVISIONS
1002.800: REGIONAL SYSTEM SERVICE INADEQUACIES
1002.100: CONCEPT PLAN: A subdivider may choose to submit a concept plan to the
Community Development Department prior to submission of a preliminary plat. The
purpose of such a concept plan is to inform the subdivider of the procedural
requirements and minimum standards of the Subdivision Code, and the
requirements or limitations imposed by other City ordinances, plans and/or
policies. The Community Development Staff, along with other City staff, will review
the concept plan and discuss any foreseeable problems or issues with the
subdivider. These discussions of the concept plan shall be advisory and are not
binding in regard to any subsequent plat review. The Community Development
Department, notably in the case of multi-phased plats, shall have the authority to
refer the concept plan to the Planning Commission and/or City Council for informal,
non-binding review and comment.
1002.101 An application for review of a concept plan shall include, but not be limited to the
following:
➢ A completed application on the form provided by the City which shall include
the name, address and telephone number of the subdivider and the property
owner, the location of the property, a description of the proposed subdivision
and a working name for the proposed subdivision.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
➢ Three (3) copies of the concept plan at a scale not less than one inch equals
one hundred feet (1' = 100').
One (1) digital copy of the concept plan.
➢ The information required in Subsection 1003.100 of this Subdivision Code.
1002.200 PRELIMINARY PLAT
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1002.201 Filing. An application for a preliminary plat, signed by the subdivider and the
property owner, shall be submitted to the Community Development Department.
This application shall be accompanied by the following:
➢ Three (3) full-scale copies and one (1) digital copy of the preliminary plat
➢ All of the information required in Subsection 1003.200 of this Subdivision
Code.
➢ A radius map and a list and labels of the names and addresses of owners
of property located within five hundred feet (500') of the subject property.
These shall be obtained from and certified by an abstract company or the
Scott County Auditor’s Office.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
➢ Applications for any necessary variances from the provisions of the
Subdivision Code shall be submitted with the required fee.
1002.202 In accordance with Minn. Stat. § 15.99, the City shall review the application and
notify the subdivider within 15 business days of submittal whether or not the
application is complete. The preliminary plat application shall not be officially
submitted and considered complete until all the information requirements are
complied with.
1002.203 Hearing. The Community Development Department, upon receipt of a complete
application, shall set a public hearing date before the Planning Commission for
public review of the preliminary plat. Notice of the hearing shall consist of the date,
time and place of the hearing, a legal description of the property, a description of
the property reasonably calculated to inform a person of the location, and
description of the preliminary plat request and where and when information
pertaining to the preliminary plat may be obtained. The hearing notice shall be
published in the official newspaper at least ten (10) days prior to the hearing.
Notice of the proposed subdivision shall also be posted on the City’s website at
least 10 days prior to the scheduled public hearing date. Written notification of the
hearing shall be mailed to all owners of land within five hundred feet (500') of the
boundary of the property in question at least ten (10) days prior to the hearing.
Any omission or defect, which has not impaired the ability of a surrounding property
owner to participate in the proceedings, shall in no way impair the validity of the
proceedings on the proposed application. In addition, the City may install
development signage at the property stating that there is a proposed subdivision
and providing a phone number to call for additional information. Failure to provide
development signage on the site does not invalidate a public hearing notice.
1002.204 Review By Other Commissions Or Jurisdictions. The Community
Development Staff shall refer copies of the preliminary plat to County,
Metropolitan, State or other public entities for their review and comment, where
appropriate.
1002.205 Planning Commission Action. The Planning Commission shall conduct the
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public hearing in accordance with Subsection 1109.200 of the Zoning Code. The
Planning Commission may continue the public hearing as appropriate. The
Planning Commission shall report its findings and make a recommendation to the
City Council within ninety (90) days of the date a complete application was
received by the City. If the Planning Commission has not acted upon the
preliminary plat within ninety (90) days following delivery of a complete application,
the Council may act on the preliminary plat without the Planning Commission's
recommendation.
1002.206 City Council Action.
(1) Pursuant to Minn. Stat. §15.99, the City Council shall approve, approve with
conditions, or deny the preliminary plat within one hundred twenty (120) days
following delivery of a complete application unless the subdivider has agreed, in
writing, to an extension of the statutory review period.
(2) In considering a preliminary plat application, the City Council may impose
reasonable conditions and restrictions as part of the preliminary plat approval that
are deemed necessary and appropriate to protect the public health, safety, and
general welfare of the City.
(3) If the preliminary plat is not approved by the City Council, the City Council shall
adopt written findings regarding the basis and rationale for denying the application.
The reasons for such action shall be recorded in the minutes of the City Council
proceedings.
(4) If the preliminary plat is approved, such approval shall not constitute final
acceptance of the plat. Final plat approval will be required for the engineering
proposals and other features and requirements as specified by the Subdivision
Code. The City Council may require such revisions in the preliminary plat and final
plat as it deems necessary for the health, safety, and general welfare of the City.
(5) Once a preliminary plat is approved by the City Council, the subdivider must submit
a complete application for a final plat within twelve (12) months after approval of
the preliminary plat. If a subdivider fails to submit a complete application for a final
plat within the specified 12-month period, the preliminary plat shall be considered
void, unless a request for time extension is submitted in writing at least 30 days
prior to the expiration of the existing time period and the request is approved by
the City Council. Each such extension of time shall not exceed six (6) months.
1002.300 FINAL PLAT
1002.301 Filing. After the preliminary plat has been approved, the final plat shall be
submitted for review as set forth in the subsections which follow. A final plat
application, signed by the subdivider and the property owner, shall be submitted
to the Community Development Department accompanied by the following
information.
➢ Three (3) full-scale copies and one (1) digital copy of the final plat.
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➢ All information required in Subsection 1003.300 of the Subdivision Code.
➢ The required filing fee(s) as established by the City Council.
1002.302 In accordance with Minnesota Statutes § 15.99, the City shall review the
application and notify the subdivider within 15 business days of submittal whether
or not the application is complete. The final plat application shall not be officially
submitted and considered complete until all the information requirements are
complied with.
1002.303 City Council Action. The final plat and a signed Development Agreement shall
be submitted to the City Council for review. If the City Council approves the final
plat, the City Council shall adopt a resolution approving the final plat and
Development Agreement. The resolution shall provide for the acceptance of all
agreements for basic improvements, public dedication, payment of fees and other
requirements as indicated by the City Council. If the City Council denies the final
plat, the City Council shall adopt a resolution with written findings supporting the
basis for the denial. The findings for any denial of a plat shall be set forth in the
minutes of the City Council proceedings and reported in writing to the subdivider.
1002.304 Special Assessments. When there are any existing special assessments which
have been levied against property described in the final plat the special
assessments shall either be paid in full before the final plat is released or shall be
divided and allocated to the respective lots in the final plat. If the subdivider elects
to divide the special assessments, the City Finance Director shall distribute the
remaining assessment balance on a per unit basis, prepare a revised assessment
roll and file the same with the County Auditor. If the per unit assessment is less
than $1,000.00, the entire assessment balance shall be paid before the final plat
is released.
1002.305 Recording Final Plat And Development Agreement. If the final plat and
Development Agreement are approved by the City Council, the subdivider shall
record both documents with the County Recorder or Registrar within ninety (90)
days after said approval. The subdivider shall, immediately upon recording, furnish
the City with a print and reproducible tracing of the final plat showing evidence of
the recording. The subdivider shall also furnish a copy of the recorded final plat in
an electronic format as prescribed by the City. No building permits shall be
approved for construction of any structure on any lot in said plat until the City has
received evidence the final plat and Development Agreement have been recorded
with the County.
The final plat shall be considered void if not recorded within the ninety (90) days
provided for herein unless a request for a time extension is submitted in writing
prior to the expiration of the ninety (90) day period and approved by the City
Council.
1002.306 Recording Final Plats Of Multi-Phased Plats. If a subdivider plans to develop a
subdivision in stages over a period of time, the City Council must approve a staging
plan for the development of the subdivision. The staging plan must be submitted
as part of the final plat application. The approved staging plan will be incorporated
into the Development Agreement. Future phases of the subdivision must be
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platted as outlots on the final plat. If a subdivision is final platted in stages, all
stages must be final platted into lots and blocks, not outlots, within two (2) years
after the approval of the preliminary plat unless otherwise provided in the
Development Agreement. Failure to obtain final plat approval for all phases of the
subdivision within the two (2) year period or within the timelines of the approved
staging plan shall render the remaining stages of the preliminary plat void.
1002.400 COMBINATION OF PRELIMINARY AND FINAL PLAT APPROVAL. In some
instances, due to the simplicity of the proposed subdivision, the City staff may
agree to combine the preliminary and final plat process. The process may be
combined only when a proposed subdivision meets all of the following
requirements:
➢ The resulting subdivision contains no more than 5 lots.
➢ The proposed subdivision is located in an area where streets and utilities are
in place and capable of serving the subdivision.
➢ The proposed subdivision does not require the dedication or construction of
future streets and will not interfere with the development of adjacent
properties.
➢ The resulting lots shall conform with all provisions of the Zoning Code unless
a variance has been granted.
1002.401 Filing. An application for a combined preliminary and final plat, signed by the
subdivider and the property owner, shall be submitted to the Community
Development Department. This application shall be accompanied by the following:
➢ Three (3) full-scale copies, and one (1) digital copy of the preliminary plat.
➢ All of the information required in Subsection 1003.200 and in Subsection
1003.300 of this Subsection Code.
➢ A radius map and a list and labels of the names and addresses of owners of
property located within five hundred feet (500') of the subject property.
These shall be obtained from and certified by an abstract company or the
Scott County Auditor’s Office.
➢ The required filing fee(s) as established by the City Council and set forth in
the City Fee Schedule.
1002.402 In accordance with Minn. Stat. § 15.99, the City shall review the application and
notify the subdivider within 15 business days of submittal whether or not the
application is complete. The plat application shall not be officially submitted and
considered complete until all the information requirements are complied with.
1002.403 Hearing. The Community Development Department, upon receipt of a complete
application, shall set a public hearing date before the Planning Commission for
public review of the combined preliminary and final plat. Notice of the hearing shall
consist of the date, time and place of the hearing, a legal description of the
property, a description of the property reasonably calculated to inform a person of
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the location, and description of the plat request and where and when information
pertaining to the plat may be obtained. The hearing notice shall be published in
the official newspaper at least ten (10) days prior to the hearing. Notice of the
proposed subdivision shall also be posted on the City’s website at least 10 days
prior to the scheduled public hearing date. Written notification of the hearing shall
be mailed to all owners of land within five hundred feet (500') of the boundary of
the property in question at least ten (10) days prior to the hearing. Any omission
or defect, which has not impaired the ability of a surrounding property owner to
participate in the proceedings, shall in no way impair the validity of the proceedings
on the proposed application. In addition, the City may install development signage
at the property stating that there is a proposed subdivision and providing a phone
number to call for additional information. Failure to provide development signage
on the site does not invalidate a public hearing notice.
1002.404 Review By Other Commissions Or Jurisdictions. The Community
Development Staff shall refer copies of the combined preliminary and final plat to
County, Metropolitan, State or other public entities for their review and comment,
where appropriate.
1002.405 Planning Commission Action. The Planning Commission shall conduct the
public hearing in accordance with Subsection 1109.200 of the Zoning Code. The
Planning Commission may continue the public hearing as appropriate. The
Planning Commission shall report its findings and make a recommendation to the
City Council within ninety (90) days of the date a complete application was
received by the City. If the Planning Commission has not acted upon the combined
preliminary and final plat within ninety (90) days following delivery of a complete
application, the Council may act on the preliminary plat without the Planning
Commission's recommendation.
1002.406 City Council Action. The combined preliminary and final plat and a signed
Development Agreement shall be submitted to the City Council for review. If the
City Council approves the plat, the City Council shall adopt a resolution approving
the plat and Development Agreement within 120 days following delivery of a
complete application unless the subdivider has agreed, in writing, to an extension
of the statutory review period. The resolution shall provide for the acceptance of
all agreements for basic improvements, public dedication, payment of fees and
other requirements as indicated by the City Council. If the City Council denies the
plat, the City Council shall adopt a resolution with written findings supporting the
basis for the denial. The findings for any denial of a plat shall be set forth in the
minutes of the City Council proceedings and reported in writing to the subdivider.
1002.407 Special Assessments. When any existing special assessments which have been
levied against property described in the plat, the special assessments shall either
be paid in full before the plat is released or shall be divided and allocated to the
respective lots in the plat. If the subdivider elects to divide the special
assessments, the City Finance Director shall distribute the remaining assessment
balance on a per unit basis, prepare a revised assessment roll, and file the same
with the County Auditor. If the per unit assessment is less than $1,000.00, the
entire assessment balance shall be paid before the final plat is released.
1002.408 Recording Plat And Development Agreement. If the plat and Development
Agreement are approved by the City Council, the subdivider shall record both
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documents with the County Recorder or Registrar within ninety (90) days after said
approval. The subdivider shall, immediately upon recording, furnish the City with
a print and reproducible tracing of the plat showing evidence of the recording. The
subdivider shall also furnish a copy of the recorded plat in an electronic format as
prescribed by the City. No building permits shall be approved for construction of
any structure on any lot in said plat until the City has received evidence the plat
and Development Agreement have been recorded with the County.
The plat shall be considered void if not recorded within the ninety (90) days
provided for herein unless a request for time extension is submitted in writing prior
to the expiration of the ninety (90) period and approved by the City Council.
1002.500 CIC PLATS. CIC Plats shall be considered a final plat and shall be processed
according to the procedures listed in Subsection 1002.300 of the Subdivision
Code.
1002.600 EFFECT OF SUBDIVISION APPROVAL. For one (1) year following preliminary plat
approval and for two (2) years following final plat approval, unless the subdivider
and the City agree otherwise, no amendment to the City of Prior Lake's
Comprehensive Plan, Zoning Code or Subdivision Code shall apply to or affect the
use, development density, lot size, lot layout, or dedication required or permitted
by the approved plat. Thereafter, upon resolution of the City Council, the City may
extend the period by agreement with the subdivider, or it may require submission
of a new plat unless substantial physical activity and investment has occurred in
reasonable reliance on the approved plat and the subdivider will suffer substantial
financial damage as a consequence of a requirement to submit a new plat.
1002.700 PREMATURE SUBDIVISIONS. Any preliminary plat/final plat and/or subdivision
may be determined to be premature should any of the provisions which follow exist:
(1) Lack Of Adequate Drainage. A condition of inadequate drainage exists if any of
the following provisions exist:
➢ Surface or subsurface water retention and runoff is such that it constitutes a
danger to the structural integrity of the proposed structures.
➢ The proposed site grading and subdivision will cause pollution of water
sources or damage from erosion and siltation on downhill or downstream
land.
➢ Storm trunk facilities and/or regional ponding facilities that will serve the
proposed plat have not yet been constructed.
➢ Factors to be considered in making the determinations regarding a, b and c
above may include, but are not limited to: average rainfall for the area; the
relation of the land to flood plains; and the nature of soils and subsoils and
their ability to adequately support surface water runoff.
(2) Lack Of Adequate Water Supply. A proposed subdivision lacks an adequate
water supply if the proposed subdivision does not have adequate sources of water
to serve the proposed subdivision when developed to its maximum permissible
density without causing an unreasonable depletion of existing water supplies for
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surrounding areas.
(3) Lack Of Adequate Roads Or Highways To Serve The Subdivision. A proposed
subdivision lacks adequate roads or highways to serve the subdivision when any
of the following provisions exist:
➢ Roads which serve the proposed subdivision are of such a width, grade,
stability, vertical and horizontal alignment, site distance and surface
condition that the increase in traffic volume generated by the proposed
subdivision would be detrimental to the City’s interest in promoting and
protecting the public safety and general welfare, or seriously aggravate an
already dangerous or hazardous condition, or when, with due regard to the
advice of Scott County and/or the Minnesota Department of Transportation,
said roads are inadequate for the intended increased use.
➢ The traffic volume generated by the proposed subdivision would decrease
the level of service on highways existing at the time of the application or
proposed for completion within the next two (2) years. Level of service is a
description of traffic conditions along a given roadway or at a particular
intersection. The level of service ranges from "A" (free flow of traffic with
minimum intersection delays) to "F" (forced flow, jammed intersections, long
delays). It generally reflects factors such as speed, travel time, freedom to
maneuver, traffic interruptions and delays.
(4) Lack Of Adequate Waste Disposal Systems. A proposed subdivision lacks
adequate waste disposal systems if, in subdivisions for which sewer lines are
proposed, there is inadequate sewer capacity in the existing system to support the
subdivision if developed to its maximum permissible density after reasonable
sewer capacity is reserved for schools, planned public facilities, and commercial
and industrial development projected for the next five (5) years.
(5) Inconsistency With Comprehensive Plan. A proposed subdivision is
inconsistent with the City's Comprehensive Plan when the subdivision is
inconsistent with the purposes, objectives and recommendations of the adopted
Comprehensive Plan of Prior Lake. Subdivisions that are not proposed in areas
consistent with the criteria for allocation of MUSA reserve shall be deemed
inconsistent.
(6) Public Service Capacity. A proposed subdivision lacks necessary public service
capacity when services such as recreational facilities, schools, police and fire
protection and other public facilities, which must be provided at public expense,
cannot reasonably be provided for within the next two (2) years.
(7) Inconsistency With Capital Improvement Plans. A proposed subdivision is
inconsistent with capital improvement plans when improvements and/or services
necessary to accommodate the proposed subdivision have not been programmed
in the Prior Lake, Scott County or other regional Capital Improvement Plans. The
City Council may waive these criteria when it can be demonstrated that a revision
to the City capital improvement plan can be accommodated.
1002.701 Burden of Establishing. The burden shall be upon the subdivider to show that the
proposed subdivision is not premature.
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1002.702 Process Used to Define a Premature Subdivision.
(1) Application. Upon receipt of an application for a preliminary plat or a final plat,
the City staff will review the application based on the criteria listed in Subsection
1002.601 of the Subdivision Code to determine if the proposed subdivision is
premature.
(2) Notification. If the staff finds a subdivision premature under the criteria listed in
Subsection 1002.700 of the Subdivision Code, the subdivider will be notified of the
staff’s findings in writing within 15 business days of receipt of a complete
application. This notification shall constitute denial of the application.
(3) Appeal. Any owner of affected property or any subdivider may appeal the staff
finding of a premature subdivision to the City Council. The appeal must be in
writing and must be filed with the Community Development Department within 5
calendar days after the date of the written notification of the decision. The required
fee, as set by the City Council in the City Fee Schedule, shall be paid when the
appeal request is filed. The Community Development Department shall set a date
for a public hearing. Notice of such hearing shall be published in the official
newspaper at least ten (10) days prior to said hearing, and individual property
notices shall be mailed not less than ten (10) days nor more than thirty (30) days
prior to the hearing to all owners of property within five hundred feet (500') of the
property included in the request. Failure of a property owner to receive said notice
shall not invalidate any such proceedings. The City Council shall hear the appeal
within 30 days of the filing of the appeal unless that period is extended with consent
of the appellant. The City Council shall render a decision within 30 days of the
conclusion of the appeal hearing.
1002.800 REGIONAL SYSTEM SERVICE INADEQUACIES
1002.801 Existing Conditions. An approved preliminary plat or building permit within an
approved final plat may be deemed as premature development if any of the
following conditions set forth are found to exist:
➢ The regionally controlled metropolitan sanitary sewer interceptors or waste
water treatment facilities are classified as having inadequate capacity to
provide service within the standards of recognized public health and safety.
➢ Responsible metropolitan units of government prohibit the City from issuing
building permits.
➢ Regional transportation systems are deemed as inadequate to provide
service levels within standards of recognized public safety.
➢ Storm drainage systems under the jurisdiction of regional watershed
districts, the Army Corps of Engineers, the Minnesota Department of Natural
Resources, or other such responsible jurisdictions are inadequate to provide
service levels within standards of recognized public health and safety.
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1002.802 City Liability Exemption. All preliminary and final plat approvals and related
formal Development Agreements shall stipulate and shall exempt the City from any
liability associated with platting or building permit denial based upon factors and
conditions related to regional governmental agency and unit jurisdictions and
related service inadequacies.
(Ord. Amd. 118-13, publ. 08/11/2018)
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SECTION 1003
PLAT AND DATA REQUIREMENTS
SUBSECTIONS:
1003.100: CONCEPT PLAN
1003.200: PRELIMINARY PLAT
1003.300: FINAL PLAT
1003.400: CERTIFICATION REQUIRED
1003.500: MODIFICATION TO APPROVED FINAL PLANS
1003.100: CONCEPT PLAN: Concept plans shall contain, at a minimum, the following
information:
➢ Plat boundary.
➢ North arrow
➢ Scale.
➢ Street layout on and adjacent to plat.
➢ Designation of land use and current or proposed zoning.
➢ Significant topographical or physical features.
➢ General lot locations and layout.
➢ Preliminary evaluation by the subdivider that the subdivision is not classified
as premature based upon criteria established in Subsection 1002.700 of this
Subdivision Code.
➢ The City may request any other information deemed necessary to determine
the impact of the proposed subdivision on the health, safety and welfare of
the property in the City and City residents.
1003.200 PRELIMINARY PLAT. The subdivider shall prepare and submit a preliminary plat
application and a preliminary grading, street and utility plans together with any
necessary supplementary information required by the City. The plans shall contain
the information set forth in the following subsections:
1003.201 General Requirements.
a. Proposed name of subdivision; names shall not duplicate or too closely
resemble names of existing subdivisions.
b. Location of boundary lines in relation to a known section, quarter section or
quarter-quarter section lines comprising a legal description of the property.
c. Names and addresses of all persons having an interest in the property, the
developer, designer, engineer, and/or surveyor together with his/her
registration number.
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d. Graphic scale of plat, at a scale not less than one inch to one hundred feet
(1“ = 100’)
e. Date and north arrow.
f. Identify portions of property that are registered (Torrens).
1003.202 Existing Conditions.
a. Boundary line and total acreage of proposed plat, clearly indicated.
b. Existing Comprehensive Plan designations and zoning classifications for
land within and abutting the subdivision, including shoreland district
boundaries.
c. Location, widths and names of all existing or previously platted streets or
other public ways, showing type, width and condition of improvements, if any,
railroad and utility rights of way, parks and other public open spaces,
permanent buildings and structures, easements and section and corporate
lines within the plat and to a distance of two hundred feet (200') beyond the
plat.
d. Boundary lines of adjoining unsubdivided or subdivided land, within two
hundred feet (200'), identified by name and ownership, including all
contiguous land owned or controlled by the subdivider.
e. Any other information the City finds necessary to determine the impact the
proposed subdivision will have on the health, safety and welfare of property
in the City and City residents.
1003.203 Proposed Design Features.
a. Layout of proposed streets showing the right-of-way widths, center line
gradients, typical street sections, and proposed names of streets. The name
of any street currently used in the City or its environs shall not be used unless
the proposed street is a logical extension of an already named street, in
which event the same name shall be used.
b. Locations and widths of proposed alleys and pedestrian ways.
c. Location, dimension and purpose of all easements.
d. Layout, numbers, lot areas and preliminary dimensions of lots and blocks.
e. Net lot area, exclusive of road right-of-way and wetland and drainage
easements.
f. Minimum front and side street building setback lines. When lots are located
on a curve, the width of the lot at the required front yard setback must be
identified.
g. Areas, other than streets, alleys, pedestrian ways, and utility easements,
intended to be dedicated or reserved for public use, including the size of such
area or areas in acres.
h. Any other information the City finds necessary to determine the impact the
proposed subdivision will have on the health, safety and welfare of property
in the City and City residents.
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1003.204 Supplementary Information. Supplementary information requirements set forth
in this subsection shall be submitted when deemed necessary by the City staff,
City Attorney, consultants to the City, advisory bodies of the City and/or City
Council.
a. Proposed restrictive covenants which relate to a matter of interest to the City
such as private streets or trail maintenance.
b. A geotechnical report of the land within the subdivision prepared by a
professional engineer registered in the State of Minnesota.
c. Statement of the proposed use of lots stating type of buildings with number
of proposed dwelling units or type of business or industry, so as to reveal the
effect of the subdivision on traffic, fire hazards and congestion of population.
d. If any zoning changes are contemplated, the proposed zoning plan for the
areas, including dimensions, shall be shown. Such proposed zoning plan
shall be for informational purposes only and shall not vest any right in the
subdivider or property owner.
e. A concept plan of adjacent properties so as to show the possible
relationships between the proposed subdivision and potential future
subdivisions. All subdivisions shall be required to relate well with existing and
potential adjacent subdivisions.
f. Where structures are to be placed on lots which are subject to potential
replat, the preliminary plat shall indicate a logical way in which the lots could
possibly be resubdivided in the future.
g. Where irregular shaped lots have been proposed, house plans shall be
submitted which demonstrate such lots are buildable with the resulting
structure being compatible in size and character to the surrounding area.
h. A comprehensive screening plan which identifies all proposed buffering and
screening in both plan and sectional view.
i. A traffic study indicating both existing and proposed traffic conditions for
roadways within the subdivision and surrounding area.
j. Any other information the City finds necessary to determine the impact the
proposed subdivision will have on the health, safety and welfare of property
in the City and City residents.
1003.205 Preliminary Grading Plan. The subdivider shall submit a preliminary grading,
drainage and erosion control plan, prepared by a registered professional in
accordance with Minnesota State Rules, including the following information:
a. North arrow, scale (not less than l' = 100') and legend.
b. Lot and block numbers, house pad location, home style and proposed
building pad elevations at garage slab and lowest floor for each lot.
c. Topography in two foot (2') contour intervals with existing contours shown as
dashed lines and proposed contours as solid lines. Existing topography shall
extend a minimum of two hundred feet (200') outside of the plat or outside of
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the contributing drainage area, whichever is greater.
d. Location of all natural features on the property. Natural features include, but
are not limited to, the following: tree lines, wetlands, ponds, lakes, streams,
drainage channels, bluffs, steep slopes, etc.
e. Location of all existing storm sewer facilities, including pipes, manholes,
catch basins, ponds, swales, and drainage channels within two hundred feet
(200') of the plat. Existing and proposed pipe grades, rim and invert
elevations, and normal and high water elevations must be included.
f. If the plat is located within or adjacent to a 100-year flood plain, flood
elevations and locations must be clearly shown on the plan.
g. Spot elevations at drainage break points and directional arrows indicating
site, swale and lot drainage.
h. Locations, grades, rim and invert elevations of all storm sewer facilities,
including ponds, proposed to serve the plat.
i. Locations and elevations of all street high and low points.
j. Street grades, with a maximum permissible grade of eight percent (8%) and
a minimum of one percent (1%) unless otherwise provided by the City.
k. Phasing of grading, if applicable.
l. The location of all easements and rights-of-way.
m. All soil erosion and sediment control measures to be incorporated during and
after construction must be shown. Locations and standard detail plates for
each measure must be included on the plan.
n. All revegetation measures proposed for the property, including seed and
mulch types and application rates must be included on the plan.
o. A Tree Preservation Plan as required by Subsection 1107.2100 of the Zoning
Code.
p. Any other information the City finds necessary to determine the impact the
proposed subdivision will have on the health, safety and welfare of property
in the City and City residents.
1003.206 Preliminary Utility Plan. The subdivider shall submit a preliminary utility plan
containing the location and size of all existing and proposed easements plus all
existing and proposed overhead and underground facilities within the property and
to a minimum distance of two hundred feet (200’) beyond the property boundaries,
including the following:
a. Easements. Location, dimension and purpose of all easements.
b. Underground Facilities.
➢ Water. All mains, hydrants, valves and services.
➢ Sanitary Sewer. All facilities including mains, manholes, lift stations,
and services with invert and top of casting elevations.
➢ Storm Drainage. All facilities including all piping, culverts, catch basins,
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manholes, lift stations and ponds with invert and top of casting
elevations, and hydrologic calculations in accordance with the PWDM.
➢ Private utilities. All gas, electric, cable, telephone, and
telecommunications facilities.
➢ Wells and septic systems.
c. Any other information the City finds necessary to determine the impact the
proposed subdivision will have on the health, safety and welfare of property
in the City and its residents.
1003.300 FINAL PLAT. The subdivider shall submit a final plat, final grading and erosion
control plans, and final street and utility plans, together with any necessary
supplementary information required by the City. The final construction plans shall
be prepared by a professional engineer registered in the State of Minnesota. The
final plat, prepared for recording purposes, shall be prepared in accordance with
provisions of State statutes and County regulations, and such final plat shall
contain the following information:
➢ Name of the subdivision.
➢ Location by section, township, range, County and State, and including
descriptive boundaries of the subdivision, based on an accurate traverse,
giving angular and linear dimensions which must be mathematically close.
➢ The location of monuments shall be shown and described on the final plat.
Locations of such monuments shall be shown in reference to existing official
monuments on the nearest established street lines, including true angles and
distances to such reference points or monuments.
➢ Location of lots, streets, public highways, alleys, parks and other features,
with accurate dimensions in feet and decimals of feet, with the length of radii
and/or arcs of all curves, and with all other information necessary to
reproduce the plat on the ground shall be shown. Dimensions shall be shown
from all angle points of curve to lot lines.
➢ Lots and outlots shall be numbered clearly. Blocks are to be numbered, with
numbers shown clearly in the center of the block.
➢ The exact locations, widths and names of all streets to be dedicated.
➢ Location and width of all easements to be dedicated.
➢ Name and address of the registered land surveyor preparing the plat.
➢ Scale of the plat shall be 1 inch to 100 feet scale with the scale shown
graphically on a bar scale along with the date and north arrow.
➢ A Statement dedicating all easements as follows: “Easements for installation
and maintenance of utilities and drainage facilities are dedicated to the public
over, under and along the areas marked “drainage and utility easement”.
➢ A Statement dedicating all streets, alleys and other public areas not
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previously dedicated as follows: “Streets, alleys, and other public areas
shown on this plat and not heretofore dedicated to public use are hereby so
dedicated”.
➢ The final grading, erosion control and street and utility plans must be
prepared in accordance with the current PWDM and Subsections 1003.200.
➢ A title report prepared by a title company indicating owners and
encumbrances on the property and a statement as to which parts of the
property are registered (Torrens).
1003.400 CERTIFICATION REQUIRED. The final plat shall include each of the following
signatures and certifications:
➢ Certification by a registered surveyor in the form required by Minn. Stat. §
505.03.
➢ Execution by all owners of any interest in the land, any holders of a mortgage
thereon, and all certificates required by Minn. Stat. § 505.03 which certificates
shall include a dedication of the utility easements and other public areas in
such form as approved by the City.
➢ Space for certificates of approval and review to be filled in by the signatures of
the Mayor and City Manager.
1003.500 MODIFICATIONS TO APPROVED FINAL PLANS. Any modifications to approved
final plans must be reviewed and approved by the City. Changes may be classified
as minor or major modifications and shall be approved according to the following
procedures.
1003.501 Minor Modifications. Minor modifications are changes that do not substantially
affect the design of the subdivision. Minor modifications include: changes to the
grading plans that do not affect adjacent properties, changes to tree preservation
plans that do not increase the number of trees to be removed, changes to the
landscaping plan, and engineering design changes to streets or utilities required
as a result of previously unknown field conditions. Requests for minor
modifications must be submitted to City staff for review and approval prior to the
commencement of any work.
1003.502 Major Modifications. Major modifications are changes substantially affecting the
design of the subdivision. Major modifications include: increase in the number of
approved lots, realignment of roads outside of the dedicated right-of-way,
placement of utilities outside of dedicated easements, and changes in parkland
dedication. Major modifications shall require approval of the City Council. The
City Council may choose to refer major modifications to the Planning Commission
for a public hearing prior to making a decision.
(Ord. Amd. 118-13, publ. 08/11/2018)
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(THIS SPACE INTENTIONALLY BLANK.)
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SECTION 1004
DESIGN STANDARDS
SUBSECTIONS:
1004.100: PUBLIC WORKS DESIGN MANUAL
1004.200: BLOCKS
1004.300: LOTS
1004.400: STREETS AND ALLEYS
1004.500: SIDEWALKS AND TRAILS
1004.600: EASEMENTS
1004.700: EROSION AND SEDIMENT CONTROL
1004.800: STORM DRAINAGE
1004.900: PROTECTED AREAS
1004.1000: DEDICATION REQUIREMENTS
1004.1100: MINIMUM DESIGN FEATURES
1004.1200: ZONING CODE CONSISTENCY
1004.100 PUBLIC WORKS DESIGN MANUAL. The design standards and requirements
set forth in the City Public Works Design Manual (“PWDM”) are hereby adopted
and incorporated into this Subdivision Code by reference as if fully set forth. If
there is a conflict between the Subdivision Code and the PWDM the Subdivision
Code shall govern; provided that two provisions addressing the same matter that
are more or less restrictive are not a conflict and the more restrictive provision
shall apply.
1004.200 BLOCKS.
1004.201 Block Length. In general, intersecting streets, determining block lengths, shall
be provided at such intervals so as to serve cross-traffic adequately and to meet
existing streets. Where no existing plats control, the blocks in residential
subdivisions should not exceed one thousand three hundred twenty-five feet
(1,325') nor be less than four hundred feet (400') in length, except where
topography or other conditions justify a departure from these dimensions. In
blocks longer than eight hundred feet (800'), the City may require pedestrian
ways and/or easements through the block near the center of the block.
1004.202 Block Width. The width of the block shall normally be sufficient to allow two (2)
tiers of lots of appropriate depth. Blocks intended for business or industrial use
shall be of such width as to be considered most suitable for their respective use,
including adequate space for off-street parking and deliveries.
1004.300 LOTS.
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1004.301 Area. The minimum lot area, width and depth shall not be less than that
established by the Zoning Code in effect at the time.
1004.302 Corner Lots. Corner lots for residential use shall exceed the minimum width and
area requirements in the zoning district by twenty percent (20%) to permit
appropriate building setback from both streets as required in the Zoning Code.
1004.303 Side Lot Lines. Side lines of lots shall be approximately at right angles to street
lines or radial to curved street lines.
1004.304 Frontage. Every lot must have frontage on an approved street (not an alley),
unless an alternative access easement is approved by the City with the
subdivision application in the sole discretion of the City. All lots, with the
exception of townhouse lots, must meet the minimum lot width requirements of
the Use District as required in the City Zoning Code.
1004.305 Setback Lines. Setback or building lines shall be shown on all lots intended for
residential use and shall not be less than the setback required by the City Zoning
Code.
1004.306 Features. In the subdividing of any land, due regard shall be shown for all-
natural features, such as tree growth, watercourses, historic spots or similar
conditions which, if preserved, will add attractiveness and stability to the
proposed subdivision.
1004.307 Lot Remnants. All remnants of lots below minimum lot size left over after
subdividing of a larger property must be added to adjacent lots, rather than
allowed to remain as unusable property unless a plan is provided showing the
future use of the lot remnant.
1004.308 Political Boundaries. No singular plat shall extend over a political boundary or
school district line without written notification to and approval by the affected
units of government.
1004.309 Frontage On Two Streets. Double frontage, or lots with frontage on two (2)
parallel streets shall not be permitted except where lots back on collector or
arterial streets, County or State highways, or where topographic or other
conditions render subdividing otherwise unreasonable. Such double frontage lots
shall adhere to, the following requirements:
(1) Lot Depth. Double frontage lots shall have an additional depth of at least
twenty feet (20') in order to allow space for screen plantings and/or buffering
along the back lot line. To ensure adequate depth for such buffering, the
following minimum depth requirements shall be required for double frontage
lots:
District Minimum Lot Depth
R-1 160 feet
R-2 120 feet
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(2) Buffering/Screening. All bufferyard requirements as regulated by the Zoning
Code must be satisfactorily met.
1004.310 Turn-Around Access. Where proposed residential lots access off of a collector
or arterial street, they shall be platted in such a manner as to provide turn-around
access and egress on each lot. This access and egress must be identified on the
grading plan for the subdivision.
1004.311 Buffer Side Yards. In the case of side yards involving single-family residential
lots abutting arterial streets, lot widths shall be increased at least ten feet (10')
above the minimum lot width for the purpose of establishing buffers along the lot
line bordering such streets.
Buffering or side yards bordering major collector or arterial streets shall comply
with the requirements as established by the Zoning Code.
1004.312 Irregularly Shaped Lots. On single-family residential lots determined to be
irregular in shape (e.g., triangular), the developer shall demonstrate to the City
an ability to properly place principal buildings and accessory structures upon the
site that are compatible in size and character to the surrounding area.
1004.400 STREETS AND ALLEYS.
1004.401 Continuous Streets. Except for cul-de-sacs, streets shall connect with streets
already dedicated in adjoining or adjacent subdivisions, or provide for future
connections to adjoining unsubdivided land, or shall be a reasonable projection
of streets in the nearest subdivided land. The arrangement of thoroughfares and
collector streets shall be provided in a manner consistent with the
Comprehensive Plan. Dedicated streets shall be constructed to the property
boundary of the subdivision.
1004.402 Local Streets. Local streets should be designed so as to discourage their use by
nonlocal traffic.
1004.403 Street Plans For Future Subdivisions. Where the plat to be submitted includes
only part of the property owned or intended for subdivision by the subdivider a
tentative plan of a proposed future street system for the unsubdivided portion
shall be prepared and submitted by the subdivider.
1004.404 Temporary Cul-De-Sac. In those instances where a street is terminated pending
future extension in conjunction with a future subdivision and there is more than
two hundred feet (200') between the dead end and the nearest intersection, a
temporary turn around facility shall be provided at the closed end. This temporary
cul-de-sac must be designed as approved by the City Engineer and must be
placed inside a temporary roadway easement if located outside a street right of
way. The subdivider shall be required to provide an irrevocable letter of credit in
a form acceptable to the City Attorney for removal or restoration of the temporary
cul-de-sac as determined by the City. The subdivider shall install a sign at the
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end of the temporary cul-de-sac stating that the cul-de-sac is a “future through
street”.
1004.405 Provisions For Resubdivision Of Large Lots. When a property is subdivided
into larger than normal building lots, such lots shall be so arranged as to permit
the logical location and openings of future streets and appropriate resubdivision,
with provision for adequate utility connections for such resubdivision.
1004.406 Street Intersections. Streets shall be laid out so as to intersect as nearly as
possible at right angles, except where topography or other conditions justify
variations. The minimum angle of intersection of streets shall be eighty (80)
degrees. Local street intersections must have a centerline offset of at least 280
feet. Local streets intersecting with a collector or higher order street must have a
centerline offset of at least 660 feet unless topographic or other conditions render
the requirements of this provision unreasonable.
1004.407 Subdivisions Abutting Major Rights-Of-Way. Wherever the proposed
subdivision contains or is adjacent to the right-of-way of a State highway or
thoroughfare, provision may be made for a marginal access street (ie frontage
road) approximately parallel and adjacent to the boundary of such right-of-way,
provided that appropriate consideration is given to circulation design, or provision
may be made for a street at a distance suitable for the appropriate use of land
between such street and right-of-way. Such distance shall be determined by the
City with due consideration of the minimum distance required for approach
connections to future grade separations, or for lot depths.
1004.408 Half-Streets. Dedication of half-streets shall not be allowed unless they are
essential to the reasonable subdivision of the property or where it is found that it
will be practical to require the dedication of the other half when the adjoining
property is subdivided. The construction of half-streets shall conform with the
requirements of these regulations
1004.409 Reserve Strips. Reserve strips controlling access to streets are prohibited.
1004.410 Street Right-Of-Way And Surface Widths. Street right-of-way and surface
widths shall conform to the following standards:
Street Design
Classifications Right-of-way (ROW) Street Widths in feet
(Measured face of curb to fact of curb)
Principal or
minor arterial
As required by state
or county
As required by state or county
Collector 80 – 100 feet 36 – 52 feet
Local 50 – 60 feet 28 – 32 feet
Right-of-Way dedications, excluding turnaround area, may be reduced from 60 to
50 feet, and street widths may be reduced from 32 feet to not less than 28 feet in
areas determined by the City to be environmentally sensitive due to topography,
forestation, wetlands and/or proximity to the Shoreland District. The reduction in
width shall be made at the sole discretion of the City, per Subsection 1004.414 of
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the Subdivision Code.
1004.411 Street Sections. The street sections shall comply with design standards as set
forth in the PWDM. All street designs are subject to the review and approval of
the City.
1004.412 Dead-End Streets Prohibited. Dead-end streets (temporary or permanent)
without cul-de-sac turnarounds are prohibited unless otherwise provided for in
this Subdivision Code.
1004.413 Cul-De-Sacs.
(1) Criteria For Construction. Permanent cul-de-sacs are allowed only where one
or more of the following criteria have been met:
- Area topography or other physical site conditions warrant a cul-de-sac.
- A through street is not physically feasible or desirable due to environmental
considerations.
(2) Requirements. Permanent cul-de-sacs shall not be longer than five hundred
feet (500') measured to the centerline of the intersection and including a
terminal turnaround which shall be provided at the closed end, with a right-of-
way radius not less than sixty feet (60').
1004.414 Environmentally Sensitive Area Exceptions. In areas determined by the City
to be environmentally sensitive due to topography, forestation and/or wetlands,
deviations to the design standards outlined in this Subsection 1004 may be
allowed, provided that such deviations are limited to the following:
- All lots shall meet or exceed the minimum standards for the applicable zoning
district.
- The curb cut opening on the street shall meet established standards.
- Street widths may be reduced from thirty-two feet (32') to no less than twenty-
eight feet (28').
1004.415 Private Streets. Private streets shall only be permitted in Planned Unit
Developments, which have homeowner associations approved by the City.
Private streets shall be platted as outlots, and shall be designed and constructed
in the same manner as public streets; provided, the street pavement may be
contained within the outlot and the balance of the street right-of-way may be
contained within adjacent easements, provided that the combined width of outlots
and easements shall not be less than the right-of-way, pavement width and
easement requirements for public streets.
1004.416 Functional Classification. Streets within the City shall be dedicated in
accordance with their functional classification as designated within the City's
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Comprehensive Plan.
1004.500 SIDEWALKS AND TRAILS.
1004.501 Required Sidewalks/Trails. Sidewalks or trails shall be required for all new
subdivisions where a means of pedestrian access from the subdivision to
schools, parks, churches, business or industrial developments, adjacent
neighborhoods, transportation facilities, or for unusually long blocks is necessary
in order to meet the purpose and objectives of the Comprehensive Plan and of
this Subsection 1004 . Subsection 1004.503 of the Subdivision Code contains
the guidelines for the location, installation and maintenance of sidewalks and
trails within the City. The City Council shall make the final determination of the
type and location of sidewalks and trails to be installed.
Paved or concrete sidewalks or trails that may not strictly follow the street may
be permitted by the City Council.
Sidewalks or trails in common areas or other locations away from streets which
are typically found in Planned Unit Developments or cluster developments
generally should be integrated into the detailed area plan or layout permitting
visual surveillance of the path from the street or nearby houses.
1004.502 Standards.
(1) Sidewalks shall be constructed of concrete, five feet (5') wide. An eight foot
(8') concrete sidewalk will be required in high density areas where safety is a
concern, including but not limited to, commercial and industrial areas, multi-
family areas and school zones.
(2) Sidewalks shall be located at least one foot (1’) inside a public right-of-way,
public easement, or common area. A border area or grass strip located
between the street edge of the sidewalk and curb face shall be installed to
provide a visual break between the paved surface of the street and sidewalk,
a suitable location for snow storage, and to provide pedestrian safety by
further moving the sidewalk from the road surface in accordance with the
PWDM.
(3) A continuous sidewalk, without a grass strip will be required where the City
determines that turf maintenance will likely be a problem and pedestrian
traffic is considerable.
(4) Sidewalk street crossings shall be located at a point along the road that offers
adequate sight distance as determined by the City.
(5) Barrier curbs (vertical curbs) six inches (6") high shall be provided along
collector streets or streets located in commercial or industrial areas adjacent
to sidewalks to help prevent vehicles from leaving the roadway, control
drainage, protect pavements edges and protect sidewalks, lawns, utilities
signs and street trees from encroachment by vehicles, unless otherwise
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required by Federal, State or County guidelines.
(6) Curb cuts and ramps shall be installed in accordance with the PWDM.
(7) When sidewalks cross streets, a treatment such as striping, landscaping
medians, colored or stamped concrete or signs to identify the crosswalk as
approved by the City, shall be installed by the subdivider.
(8) In subdivisions that contain hills or steep topography, the sidewalk pattern
shall conform as closely as possible to the standards found herein and to
connecting sidewalks and trails.
(9) Where possible, new sidewalks shall be a logical extension of the existing
sidewalks in adjacent subdivisions.
1004.503 Guidelines for Location, Construction and Maintenance of Sidewalks/Trails
in New Developments.
Street Type Number of Sidewalks/Trails Installation Paid
by Dev./City/ *
Maintained
by
Owner/City
None
or 1
1 or 2
Sides
Both
Sides
Local X Developer Owner/City
Minor Collector X Developer Owner/City
Major Collector X Developer/City/ * Owner/City
Minor Arterial X Developer/City/ * Owner/City
Major Arterial X Developer/City/ * Owner/City
Principal Arterial X Developer/City/ * Owner/City
* Other jurisdictions such as MnDOT or Scott County
1004.504 Additional Guidelines. If a public improvement is not listed in the City's CIP, the
subdivider will be responsible for cost and installation of sidewalk system. The
City may require that sidewalks be installed on local streets or on one side of a
minor collector when a trail also serves the street or where topographical or
traffic conditions warrant.
1004.600 EASEMENTS.
1004.601 Width And Location. An easement for utilities at least ten feet (10') wide shall
be provided along all front and rear lot lines and an easement for utilities at least
five feet (5’) wide shall be provided along all side lot lines. If necessary for the
extension of watermain, sewer lines, stormwater sewer lines, drainage, and other
utilities, easements of greater width may be required along lot lines or across
lots.
1004.602 Continuous Utility Easement Locations. The design and location of utility
easements shall connect with easements established in adjoining properties.
These easements, when approved, shall not thereafter be changed without the
written approval of the City Council after a public hearing.
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1004.603 Exclusion From Minimum Lot Area. Easements established over major
drainage ways, wetlands, water bodies, road rights-of-way, and regional
utility/pipeline easements shall be excluded from the calculation of minimum lot
areas as defined by the Subdivision Code and by the provisions of the Zoning
Code.
1004.604 Outlot Alternative. The City may require outlots rather than easements for
wetlands, watermain, sewer lines, storm sewer lines, drainage areas, temporary
cul-de-sacs and other features, when these features will be owned and
maintained by the City. The subdivider is responsible for providing the City with a
recorded warranty deed, in a form approved by the City Attorney, for the outlot
and for payment of all taxes on the outlot. A recorded copy of this deed shall be
delivered to the City immediately upon recording of the final plat.
1004.700 EROSION AND SEDIMENT CONTROL. The design of erosion and sediment
control structures and procedures shall be in conformance with the provisions of
the PWDM and in accordance with other State regulations.
1004.800 STORM DRAINAGE. All subdivision design shall incorporate provisions for storm
water runoff consistent with the PWDM and the City’s Comprehensive
Stormwater Management Plan.
1004.900 PROTECTED AREAS. Where land proposed for subdivision is deemed
environmentally sensitive by the City due to the existence of features including,
but not limited to, wetlands, drainageways, watercourses, areas subject to
flooding, significant trees, steep slopes or wooded areas, the design of said
subdivision shall clearly reflect all necessary measures of protection to ensure
against adverse environmental impacts.
1004.901 Based upon the necessity to control and maintain certain sensitive areas, the
City shall determine whether said protection will be accomplished through lot
enlargement and redesign or dedication to the City of those sensitive areas in the
form of outlots.
1004.902 Measures intended to protect the areas designated as environmentally sensitive
shall include design solutions, which allow for construction and grading involving
a minimum of alteration to sensitive areas. Such measures, when deemed
appropriate by the City, may include, but shall not be limited to, the following.
- The establishment of easements and/or outlots over wetlands, drainageways
and watercourses.
- The implementation of flood control measures.
- The enlargement of lots or redesign of the subdivision.
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- The utilization of appropriate erosion control measures subject to approval by
the City.
- Soil testing to determine the ability of the proposed subdivision to support
development.
- The limitation of development on slopes steeper than thirty (30) percent.
- Structures that conform to the natural limitations presented by the topography
and soil so as to minimize to the greatest extent feasible the potential for soil
erosion.
- The implementation of slope stabilization measures.
- The establishment of a buffer zone around wetlands as outlined in
Subsection 1004.903 of the Subdivision Code.
1004.903 Buffer Strip Requirement. For any lot created on or after the January 1, 2000, a
buffer strip shall be maintained around the perimeter of all wetlands. The buffer
strips shall meet the following requirements:
- Buffer strips shall be sized as set forth in the PWDM.
- Buffer strips shall be required whether or not the wetland is on the same
property as the proposed subdivision or on an adjacent property.
-
- Where acceptable natural vegetation exists in buffer strip areas, the retention
of such vegetation in an undisturbed state is required unless the subdivider
receives approval to replace such vegetation.
- In the event the buffer strip area is graded, it shall be seeded or planted with
native wetland vegetation where possible or in accordance with the standards
for buffer strip vegetation in the PWDM.
- Monumentation. A monument shall be required at each property line where
it crosses a buffer strip and shall have a maximum spacing of 200 feet along
the edge of the buffer strip. Additional monuments shall be placed as
necessary to accurately define the edge of the buffer strip. A monument shall
consist of a post and a buffer strip sign. The signs shall have a brown field
with white lettering and shall be securely mounted on a post to a minimum
height of 4 feet above grade. The signs shall include prohibitions against
disturbing or developing the buffer strip. The signs shall be installed prior to
the issuance of a building permit.
1004.904 Buffer Strip Alterations.
(1) Alterations including building, storage, paving, mowing, plowing, introduction
of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing
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livestock, agricultural production, yard waste disposal or fertilizer application,
are prohibited within any buffer strip. Noxious vegetation, such as European
buckthorn, purple loosestrife and reed canary grass, may be removed as long
as the buffer strip is maintained to the standards required by this Subsection
1004.900.
(2) The following activities shall be permitted within any buffer strip, and shall not
constitute prohibited alterations under Subsection 1004.904 (1) above:
- Plantings that enhance the natural vegetation or selective clearing or pruning
of trees or vegetation that are dead, diseased or pose similar hazards.
- Use and maintenance of an unimproved access strip through the buffer, not
more than 20 feet in width, for recreational access to the wetland;
- Placement, maintenance, repair or replacement of utility and drainage
systems that existed before creation of the buffer strip or are required to
comply with any subdivision approval or building permit, as long as any
adverse impacts of utility or drainage systems on the function of the buffer
strip have been avoided or minimized to the extent possible; and
- Construction, maintenance, repair, reconstruction or replacement of existing
and future public roads crossing the buffer strip, as long as any adverse
impacts of the road on the function of the buffer strip have been avoided or
minimized to the extent possible.
1004.905 Alternate Buffer Strips.
(1) Because of unique physical characteristics of a specific property, narrower
buffer strips may be necessary to allow a reasonable use of the property. The
use of alternate buffer strips will be based on an assessment of the following:
- The size of the property;
- Existing roads and utilities on the property;
- The percentage of the property covered by wetlands;
- The configuration of the wetlands on the property;
- The quality of the affected wetlands;
- Any undue hardship that would arise from not allowing the alternative buffer
strip.
(2) The use of alternative buffer strips will be evaluated as part of the review of a
preliminary plat.
(3) Where alternative buffer strip standards are approved, the width of the buffer
strips shall be established by the City and include a minimum width of 10 feet.
Alternative buffer strips must be in keeping with the spirit and intent of this
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Subsection 1004.900.
1004.906 Additional Setback Requirements. In any residential zoning districts, the
subdivision grading plan shall indicate a minimum setback of thirty feet (30')
measured from the 100-year flood elevation of any wetland or detention pond to
the building pad or house location.
1004.1000 PARKLAND DEDICATION REQUIREMENTS. The property owners of any land
being subdivided for residential, commercial, industrial or other uses, or as a
Planned Unit Development shall dedicate a reasonable portion of the subdivided
land to the public for public use as parks, playgrounds, trails or public open
space. The City has determined the land dedication requirement to be equivalent
to ten percent (10%) of the net area of a subdivision. Net area is defined as the
gross area of land within the proposed subdivision less any storm water ponding
or wetland easements conveyed to the City. For the purpose of parkland
calculation, local street right-of-way is included in net area, but road right-of-way
necessary for County or State highways or excess collector street right-of- way
shall be excluded from net area. The amount of credit given for land to be
dedicated shall be based upon the land characteristics and in accordance with
the following schedule:
(amd. Ord. 03-09, pub. 6/28/03)
DEDICATION SCHEDULE
Land Characteristic Dedication Credit
Wooded areas or dry upland with undisturbed topsoil
and slopes not exceeding 10%
100%
Land on which the subdivider has provided a
minimum of 4” of topsoil, graded to meet public use
needs and does not exceed 10% slopes
100%
Wetlands, N.U.R.P. ponds, water retention areas
and other lands, which are not usable for public
recreation purposes
0%
At the City Council's discretion, the City may accept other property for public use,
which do not meet the above criteria, when they meet public purposes and/or are
contiguous to acceptable park, trail and open space land. No credit for the non-
qualifying land will be given toward the satisfaction of park dedication
requirements.
1004.1001 Land Preparation. Dedicated land shall be made suitable by the subdivider for
its intended use as parks and playgrounds, trails, or public open space. The City
shall determine the final condition of the land that is to be dedicated and the
subdivider shall be responsible for grading, topsoil, turf establishment, and
construction of any trails unless otherwise directed by the City.
The City further reserves the right not to accept land that in its discretion is not
useable for the above-described purposes, does not provide park facilities in the
locations set forth in the City's Comprehensive Plan, or land that would require
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extensive expenditures on the part of the City to make them useable.
1004.1002 At the City's option, the subdivider shall contribute an equivalent amount in cash,
or in cash and land, in lieu of all or a portion of the land that the City may require
such owner to dedicate pursuant to Subsection 1004.1000 above. The cash
amount shall be based on an amount determined annually by the City Council as
part of the adoption of the City Fee Schedule.
1004.1003 Whenever the term "dedicate" is used in this Subsection 1004, it shall mean a
dedication to the City of land or cash, or some combination thereof, whichever
the City, at its option, shall require. The dedication shall be made prior to the
City's release of the final plat for filing.
1004.1004 In instances where cash is required in lieu of land, payments as required by this
subsection shall be made prior to the release of the final plat to the subdivider.
1004.1005 Unless otherwise provided by the City, all land to be dedicated for park purposes
shall be conveyed to the City by warranty deed.
1004.1006 Prior to the dedication of such land for public use, the subdivider shall deliver to
the City a title opinion addressed to the City, and in a form acceptable to the City
Attorney, as to the condition of the title of such property, or in lieu of a title
opinion, a title insurance policy from a title company acceptable to the City
insuring the required public interest in the dedication therein.
1004.1007 In those cases where the City has agreed to allow the conveyance of parkland by
a deed rather than dedication on the plat, the subdivider shall, immediately upon
filing of the final plat or other appropriate subdivision documents, file for
recording all easements, deeds or other conveyances of property required as a
condition to the subdivision plat approval, and provide evidence to the City. No
building permits shall be issued to any lot in said plat until all such documents
have been executed and filed.
1004.1100 MINIMUM DESIGN FEATURES. The design features set forth in the Subdivision
Code are minimum requirements. The City may impose additional or more
stringent requirements concerning lot size, streets and overall design as deemed
appropriate considering the property being subdivided.
1004.1200 ZONING CODE CONSISTENCY. Preliminary and final plats shall only be
approved if they are consistent with the Zoning Code. Preliminary plats shall not
be approved prior to adoption of any pending rezoning application, any pending
rezoning initiated by the City or any other Zoning Code changes necessary for
final plat approval.
(Ord. Amd. 118-13, publ. 08/11/2018)
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SECTION 1005
REQUIRED IMPROVEMENTS AND CHARGES
SUBSECTIONS:
1005.100: GENERAL PROVISIONS
1005.200: MONUMENTS
1005.300: STREET IMPROVEMENTS
1005.400: FUTURE STREET IMPROVEMENTS AND CHARGES
1005.500: SANITARY SEWER AND WATER IMPROVEMENTS AND CHARGES
1005.600: STORMWATER IMPROVEMENTS AND CHARGES
1005.700: EXCEPTIONS
1005.800: PUBLIC UTILITIES
1005.900: ELECTION BY CITY TO INSTALL IMPROVEMENTS
1005.1000: TREES REQUIRED FOR NEW SUBDIVISIONS
1005.1100: TOPSOIL AND SODDING
1005.1200: CABLE INSTALLATION
1005.100 GENERAL PROVISIONS
1005.101 Assessment Policy. The City of Prior Lake Assessment Policy is hereby
adopted and incorporated into this Subdivision Code by reference as if fully set
forth.
1005.102 Development Agreement. Before a final plat is signed by the City, the
subdivider shall pay all applicable fees and enter into the City's standardized
Development Agreement setting forth the conditions under which the plat is
approved.
1005.103 Security. Before a final plat is signed by the City, the subdivider shall also
furnish the City financial security in the form of an irrevocable letter of credit or
other form of security as approved by the City. The security shall be in a form
and substance approved by the City Attorney. If the subdivider fails to perform
any obligations under the Development Agreement, the City may apply the
security to cure the default.
1005.104 Developer Installed Improvements. If the subdivider is going to install any
public improvements, the required security shall be one hundred and twenty-five
percent (125%) of the sum of the following fixed or estimated costs: developer
installed public improvements including streets and utilities; grading, drainage,
wetland and erosion control plans; landscape plan; and monumentation, and as-
built/record drawings.
1005.105 Grading Improvements. Subdivision grading will be allowed upon the City
Council approval of the preliminary plat. Prior to any grading, the subdivider shall
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obtain a grading permit from the City. The grading permit application must be
submitted along with a grading plan meeting the requirements outlined in the
PWDM and the requirements for grading, filling and excavation in Subsection
1101.509 of the Zoning Code.
1005.106 City Installed Improvements. If the City is going to install the public
improvements, the required security shall be one hundred and twenty-five
percent (125%) of the sum of the following fixed or estimated costs:
- Principal amount of special assessments for public improvements to be
installed.
- Street lights.
- Erosion control.
- Landscaping.
- Monumentation.
1005.107 Warranty/Maintenance Bond. The City shall require the subdivider to submit a
warranty bond in the amount equal to the original cost of the public
improvements. The required warranty period for materials and workmanship for
public utilities and streets shall be two (2) years from the date of final
acceptance. The required warranty period for sod, trees and landscaping is one
(1) year following acceptance of the landscaping.
1005.108 Reproducible Drawings. Reproducible as-built drawings of all required public
improvements shall be furnished to the City by the subdivider. Such as-built
drawings shall be certified to be true and accurate by the registered engineer
responsible for the installation of the improvements. The subdivider shall also
furnish such plans in an electronic format acceptable to the City. The size and
format for reproducible drawings shall be in accordance with the standards in the
PWDM.
1005.109 Improvements. All of the required public improvements to be installed under the
provisions of the Subdivision Code shall be approved by and subject to
inspection by the City. All of the City's expenses incurred in connection with the
installation of the required public improvements shall be paid either directly to the
City's consultants or by reimbursement to the City by the subdivider.
1005.200 MONUMENTS.
1005.201 Official Monuments. Official monuments, as designated and adopted by the
County Surveyor's office and approved by the County District Court for use as
judicial monuments, shall be set at each corner or angle on the outside boundary
of the final plat or in accordance with a plan as approved by the City. The
boundary line of the property to be included in the plat shall be fully dimensioned,
all angles of the boundary excepting the closing angle shall be indicated and all
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monuments and surveyor's irons shall be indicated. Each angle point of the
boundary perimeter shall be so monumented.
1005.202 Placement. Survey monuments shall be placed at all block and lot corners,
angle points, points of curves in streets or at intermediate points as shall be
required by the City. The monuments shall be of such material, size and length
as required by the City. It shall be the subdivider's responsibility to ensure the
survey monuments are maintained in good order during construction. Proof of the
monumentation shall be in the form of a surveyor's certificate and this
requirement shall be a condition of a certificate of occupancy as provided for in
the Zoning Code.
1005.300 STREET IMPROVEMENTS. All streets shall be improved in accordance with the
standards and specifications for street construction as required by the PWDM.
1005.400 FUTURE STREET IMPROVEMENTS AND CHARGES.
1005.401 Dedication. As a condition of plat approval, when property being platted is
adjacent to an existing collector street, highway, or substandard streets which
need improvement, the subdivider shall dedicate land for the widening or
improvement of said collector street, highway or substandard street.
1005.402 Collector Street Charge. - n accordance with the City's Special Assessment
Policy, an acreage fee for the collector street system is to be collected as part of
the Development Agreement on all new subdivisions. The fees are dedicated to
the Collector Street Fund and are to be used for the purpose of paying for
collector street improvements and pedestrian trail improvements associated with
collector streets and the City share of County road related trail improvements.
The charge shall be based upon the gross acreage of the subdivision less the
area to be dedicated to the City for ponding, parks, wetlands, and road right-of-
way necessary for County or State highways or excess collector street right-of-
way. The fee shall be set annually by the City Council in the City Fee Schedule
and paid to the City prior to the release of the final plat.
1005.500 SANITARY SEWER AND WATER IMPROVEMENTS AND CHARGES.
1005.501 Improvements. Sanitary sewer and water facilities shall be installed in
accordance with the standards and specifications as required by the City Council
and subject to the approval of the City.
1005.502 Charges. In accordance with the City's Special Assessment Policy, an acreage
charge, dedicated to the Trunk System Reserve Fund, will be collected as part of
the Development Agreement on all new subdivisions. The purpose of this fund is
to pay for central system improvements essential for the functional operation of
the entire municipal sewer and water system. The charge shall be based upon
the gross acreage of the subdivision less the acreage to be dedicated to the City
for ponding, parks, wetlands, and road right-of-way necessary for County or
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State highways or excess collector street right-of- way. The fee shall be set
annually by the City Council in the City Fee Schedule and paid to the City prior to
the release of the final plat.
1005.600 STORMWATER IMPROVEMENTS AND CHARGES.
1005.601 Stormwater facilities shall be installed in accordance with the standards and
specifications as required by the City Council and subject to the approval of the
City.
1005.602 In accordance with the City's Special Assessment Policy, a charge for trunk
stormwater improvements, either constructed or to be constructed for trunk
facilities serving the subject property, will be collected as part of the Development
Agreement for all new subdivisions. The charge shall be based upon the gross
acreage of the subdivision less the acreage to be dedicated to the City for
ponding, parks, wetlands, and road right-of-way necessary for County or State
highways or excess collector street right-of- way. The fee shall be set annually by
the City Council in the City Fee Schedule and paid to the City prior to the release
of the final plat. The subdivision will be given a credit for any on-site storm water
improvement that has been oversized to serve property outside the subdivision.
1005.700 EXCEPTIONS. Property being replatted shall be exempt from paying the street,
sewer, water and stormwater charges set forth in Subsections 1005.402,
1005.502 and 1005.602 of the Subdivision Code if the stated charges were paid
or assessed in conjunction with the initial platting of the property or paid or
assessed by other means.
1005.800 PUBLIC UTILITIES. All public utilities, including, but not limited to, telephone,
electric, cable and/or gas service lines shall be placed underground in
accordance with all applicable City Code provisions.
1005.900 ELECTION BY CITY TO INSTALL IMPROVEMENTS. It is the subdivider's
responsibility to install all required public improvements except that the City
reserves the right to design and/or install all or any part of the public
improvements, including trunk facilities, required under the provisions of
the Subdivision Code pursuant to Minn. Stat. Chap. 429. If the City elects to
install the improvements the City shall
require the subdivider to post an irrevocable letter of credit or other security
guaranteeing payment of the assessments.
1005.1000 TREES REQUIRED FOR NEW SUBDIVISIONS. In new subdivisions, trees shall
be planted on each lot. Permitted tree species shall be in accordance with
Subsection 1107.2100 of the Zoning Code. All required trees shall be planted by
the builder prior to issuance of certificate of occupancy. The following tree
specifications shall apply to each platted lot in the proposed subdivision.
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1005.1001 Required Subdivision Trees.
1. Required: One balled and burlapped street tree will be required per lot
frontage and one balled and burlapped front yard tree will be required per
front yard.
2. Caliper: Each tree must be a minimum of two and one-half inches (2 1/2") in
trunk diameter measured at ground level.
3. Location: Trees shall be planted inside the front property line at a distance of
at least four feet (4’) from the front property line.
4. No required subdivision tree shall be planted inside of any drainage or utility
easement or within a forty-foot (40') clear view triangle on comer lots. The
clear view triangle is the area established for visibility clearance at
intersections. The area of the clear view triangle is defined as follows:
Beginning at the intersection of the projected lot lines of the comer lot, thence
forty feet (40') along one lot line, thence diagonally to a point forty feet (40')
from the point of beginning on the opposite line.
1005.1100. TOPSOIL AND SODDING. The builder shall spread a minimum of four inches (4")
of topsoil over the boulevard, front and side yards. All boulevard, front and side
yard areas shall be sodded except those areas that are landscaped. Such topsoil
and sodding shall be installed by the builder prior to the issuance of a certificate
of occupancy.
1005.1200 CABLE INSTALLATION. In new residential subdivisions in which all the electric
power and telephone utilities are underground, the City may, in its sole
discretion, require that the following procedure apply with respect to access to
and utilization of underground easements:
1. The subdivider shall be responsible for contacting all Cable Franchise
Grantees (“Grantees”) to ascertain which Grantees desire (or, pursuant to the
terms and provisions of any Franchise Agreement, may be required) to
provide Cable Service to that subdivision. The subdivider may establish a
reasonable deadline to receive responses from Grantees. The final
subdivision map shall indicate the Grantees that have agreed to serve the
subdivision.
2. If one (1) or more Grantees wish to provide service within all or part of the
subdivision, they shall be accommodated in the joint utilities trench on a
nondiscriminatory shared basis. If fewer than two (2) Grantees indicate
interest, the subdivider shall provide conduit to accommodate a minimum of
two (2) sets of cable television cables and dedicate to the City any initially
unoccupied conduit.
3. The subdivider shall provide at least ten (10) business days’ notice of the
date that utility trenches will be open to the Grantees that have agreed to
serve the subdivision. When the trenches are open, such Grantees shall have
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two (2) business days to begin the installation of their cables, and five (5)
business days after beginning installation to complete installation.
4. The final subdivision map shall not be approved until the subdivider submits
evidence that:
a. It has notified each Grantee that underground utility trenches are to
open as of an estimated date, and that each Grantee will be allowed
access to such trenches, including trenches from proposed streets to
individual homes or home sites, on specified nondiscriminatory terms
and conditions; and
b. It has received a written notification from each Grantee that the
Grantee intends to install its facilities during the open trench period on
the specified terms and conditions, or such other terms and conditions
as are mutually agreeable to the subdivider and Grantee, or has
received no reply from a Grantee within ten (10) days after its
notification to such Grantee, in which case the Grantee will be
deemed to have waived its opportunity to install its facilities during the
open trench period.
5. Sharing the joint utilities trench shall be subject to compliance with State
regulatory agency and utility standards. If such compliance is not possible,
the subdivider shall provide a separate trench for the cable television cables,
with the entire cost shared among the participating Grantee(s). With the
concurrence of the subdivider, the affected utilities and the Grantees,
alternative installation procedures, such as the use of deeper trenches, may
be utilized, subject to the requirements of federal, state and local laws,
regulations, ordinances, and policies.
6. Any Grantee wishing to serve an area where the trenches have been closed
shall be responsible for its own trenching and associated costs and shall
repair all property to the condition which existed prior to such trenching.
(Ord. Amd. 118-13, publ. 08/11/2018)
(THIS SPACE INTENTIONALLY BLANK.)
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SECTION 1006
ADMINISTRATION AND ENFORCEMENT
SUBSECTIONS:
1006.100: NONPLATTED SUBDIVISIONS
1006.200: EXCEPTIONS, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS
1006.300: PROCEDURES
1006.400: APPEAL TO DISTRICT COURT
1006.500: VIOLATIONS AND PENALTY
1006.100 NONPLATTED SUBDIVISIONS.
1006.101 Administrative Land Subdivisions/Combinations. The City may
administratively approve a subdivision or combination of an existing platted
property when it meets the following criteria:
- The division/combination will not result in more than three (3) lots.
- All newly created lots must meet the minimum standards of the zoning district
in which they are located and the resulting lots must generally conform to the
shape and area of existing or anticipated land subdivisions in the surrounding
areas.
- The division/combination will not cause any structure on the land to be in
violation of the Zoning Code.
- Any easements that may be required by the City must be granted.
1006.102 Administrative Land Subdivision/Combination Procedure.
1. An application for an administrative land subdivision/combination, signed by
the applicant and the property owner, shall be submitted to the Community
Development Department. The application shall be accompanied by the
following:
- Three (3) full scale copies and one (1) 11" by 17" reduction of a certificate
of survey identifying the existing and proposed lot lines, as well as any
existing structures on the Iots and the setbacks from the current and
proposed lot lines. The certificate of survey shall also be submitted by
electronic copy.
- The required filing fee as established by the City Council in the City Fee
Schedule.
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2. Following receipt of a complete application, the City staff will review the
application for conformance with the provision of the Zoning Code, the
Subdivision Code and all other applicable City ordinances.
3. The Zoning Administrator shall take action to either approve or deny an
administrative subdivision/combination and notify the applicant in writing of
this decision within fifteen (15) business days of receipt of a completed
application.
4. The decision of the Zoning Administrator to approve or deny an
administrative land subdivision/combination may be appealed by an affected
party within five (5) days of the decision. An appeal shall be processed
according to the provisions of Subsection 1109.300 of the Zoning Code.
1006.103 Registered Land Surveys. All registered land surveys in the City shall be
processed in the same manner as a combined preliminary and final plat
application. In accordance with the standards set forth in the Subdivision Code
for combined preliminary plat and final plat applications, the Planning
Commission shall first approve the arrangement, sizes and relationships of
proposed tracts in such registered land surveys, and tracts to be used as
easements or roads should be so indicated. Unless a recommendation and
approval have been obtained from the Planning Commission and City Council
respectively, in accordance with the standards set forth in the Subdivision Code,
building permits will be withheld for buildings on tracts which have been so
subdivided by registered land surveys and the City may refuse to take over tracts
as streets or roads or to improve, repair or maintain any such tracts unless so
approved.
1006.104 Conveyance By Metes And Bounds. No subdivision of property in which the
land conveyed is described by metes and bounds shall be recorded. Building
permits will be withheld for buildings or land that have been subdivided and
conveyed by this method without City approval and the City may refuse to take
over land as streets or roads or to improve, repair or maintain any such land.
1006.105 Exceptions. The provisions of Subsection 1006.104 do not apply where all the
resulting , lots, or interests will be twenty (20) acres or larger in size and either at
least five hundred feet (500') in width for residential uses or at least five (5) acres
or larger in size for commercial and industrial uses.
1006.106 Council Resolution Waiving Requirements. In any case in which compliance
with the restrictions in Subsection 1006.104 above will create an unnecessary
hardship and failure to comply will not interfere with the purpose of this Section,
the Council may waive such compliance by the adoption of a resolution to that
effect and the conveyance may then be filed.
1006.107 Charges for Development of Vacant Property. The owner of any vacant
property, which was or is conveyed by metes and bounds, shall be responsible to make any
required dedications and pay any applicable development charges as set forth in Subsections
1005.400, 1005.500, and 1005.600 of the Subdivision Code prior to development of the
property. The property shall be exempt from paying the street, sewer, water and stormwater
charges if the subdivider can establish that the stated charges were paid or assessed by other
means.
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1006.200 EXCEPTIONS, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS.
1006.201 Findinqs. The Planning Commission may recommend an exception to the
minimum standards of the Subdivision Code (not the procedural provisions)
when, in its opinion, undue hardship may result from strict compliance. In
recommending any exception, the Planning Commission shall prescribe any
conditions that it deems necessary or desirable to protect and preserve the
health, welfare and safety of the public and property values. In making its
recommendations, the Planning Commission shall take into account the nature of
the proposed use of land and the existing use of land in the vicinity, the number
of persons to reside or work in the proposed subdivision and the probable effect
of the proposed subdivision upon traffic conditions in the vicinity. An exception
shall only be recommended when the Planning Commission finds:
1. That there are special circumstances or conditions affecting the property such
that the strict application of the provisions of the Subdivision Code would
deprive the subdivider of the reasonable use of his/her land;
2. That the granting of the exception will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which the
property is situated; and
3. That the exception is to correct inequities resulting from a physical hardship
such as topography.
After considerations of the Planning Commission recommendations, the City
Council may grant exceptions, subject to provisions (1), (2), and (3) of this
Subsection.
1006.202 The provisions of Subsection 1006.201 of the Subdivision Code apply only to
exceptions to the provisions of the Subdivision Code. Variances to the provisions
of the Zoning Code including, but not limited to, setbacks, lot area and lot width,
must be processed according to the provisions of Subsection 1108.400 of the
Zoning Code.
1006.300 PROCEDURES.
1. Requests for an exception shall be filed with the Community Development
Department on an official application form provided by the City. Such
application shall be accompanied by a fee as established by the City Council
in the City Fee Schedule. Such application shall also be accompanied by
three (3) copies of detailed written and graphic materials necessary for the
explanation of the request.
2. Upon receiving said application, the application, along with all related
information, shall be referred to the Planning Commission for a report and
recommendation to the City Council.
3. The Community Development Department shall set a date for a public
hearing. Notice of such hearing shall be published in the official newspaper at
least ten (10) days prior to said hearing, and individual property notices shall
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be mailed not less than ten (10) days nor more than thirty (30) days prior to
the hearing to all owners of property within five hundred feet (500') of the
property included in the request.
4. Failure of a property owner to receive said notice shall not invalidate any
such proceedings.
5. The Planning Commission shall make a finding of fact and recommend such
actions or conditions to the City Council relating to the request as it deems
necessary to carry out the intent and purpose of the Subdivision Code.
6. The City Council shall not grant an exception until it has received a report and
recommendation from the Planning Commission and the City staff or until
sixty (60) days after the first regular Planning Commission meeting at which
the request was considered, whichever occurs sooner.
7. Upon receiving the report and recommendation of the Planning Commission,
the City Council shall make findings of fact and impose any conditions it
considers necessary to protect the public health, safety and welfare.
8. The City Council shall decide whether to approve or deny a request for an
exception within thirty (30) days after the public hearing on said request.
9. An exception to the Subdivision Code shall be by majority vote of the full City
Council.
1006.400 APPEAL TO DISTRICT COURT. Any person aggrieved by an ordinance, rule,
regulation, decision, or order of the City Council may appeal to court as provided
by law.
1006.500 VIOLATIONS AND PENALTIES.
1006.501 Penalty. A violation of any provision of the Subdivision Code is a misdemeanor.
Each day during which compliance is delayed shall constitute a separate offense.
1006.502 Sale of Lots From Unrecorded Plats. It shall be a misdemeanor to sell, trade,
or otherwise convey any lot or piece of land as a part of, or in conformity with any
plan, plat or replat of any subdivision or area located within the jurisdiction of the
Subdivision Code unless said plan, plat or replat shall have first been approved
pursuant to the Subdivision Code and recorded in the Office of the Recorder or
Registrar of Scott County.
1006.503 Receiving or Recording Unapproved Plats. It shall be a misdemeanor for a
private individual to receive or record in any public office any plans, plats of land
laid out in building lots and streets, alleys or other portions of the same intended
to be dedicated to public or private use, or for the use of purchasers or owners of
lots fronting on or adjacent thereto, and located within the jurisdiction of the
Subdivision Code, unless the same shall bear thereon, by endorsement or
Subdivision Code
City of Prior Lake
1006/5
otherwise, the approval of the City Council.
1006.504 Misrepresentations. It shall be a misdemeanor for any person owning an
addition or subdivision of land within the City to represent that any improvement
upon any of the streets, alleys or avenues of said addition or subdivision or any
sewer, water and storm sewer utility in said addition or subdivision has been
constructed according to the plans and specifications approved by the City
Council, or has been supervised or inspected by the City, when such
improvements have not been so constructed, supervised or inspected.
(Ord. Amd. 118-13, publ. 08/11/2018)
(THIS SPACE INTENTIONALLY BLANK.)
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June 1, 2009 1101/p1
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
1101.100: Purpose and Intent
1101.200: Overview
1101.300: Rules of Construction
1101.400: Definitions
1101.500: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.900: Uses Not Listed
1101.1000: Land Use Descriptions
1101.1100: Motorcycles
1101.100: PURPOSE AND INTENT:
1101.101 Title. This Part 11 and the regulations set forth herein shall be known as the ZONING
CODE OF THE CITY OF PRIOR LAKE and will be referred to herein as the "Zoning
Code" (It also may be referred to throughout the City Code as the Zoning Ordinance”
or in this Part as “this Ordinance”).
1101.102 Findings and Purpose. The City Council of the City of Prior Lake, Minnesota, finds it
necessary to accomplish the following:
(1)Protect the residential, business, industrial and public areas of the community and
maintain their stability.
(2)Promote the most appropriate and orderly development of the residential, business,
industrial, public land and public areas.
(3)Provide adequate light, air and convenient access to property.
(4)Limit congestion in the public rights-of-way.
(5)Prevent overcrowding of land and undue concentration of structures and population
by regulating the use of land and buildings and the bulk of buildings in relation to the
land surrounding them.
(6)Provide for compatibility of different land uses by segregating, controlling and
regulating unavoidable nuisance producing uses.
(7)Require that development proceed according to the goals and policies established in
the City's Comprehensive Plan.
Exhibit B
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June 1, 2009 1101/p2
(8) Maintain a tax base necessary to promote the economic welfare of the City by
insuring optimum values for property in the City.
(9) Enhance the aesthetic character and appearance of the City.
(10) Conserve natural resources and environmental assets of the community.
(11) Provide adequate off-street parking and loading facilities.
(12) Provide effective administration of this Ordinance and any future amendments to this
Ordinance and prescribe penalties for the violation of its requirements.
(13) Establish a continuing system of review of this Ordinance to insure it will be amended
to meet changing needs of the community and advances in science and technology.
1101.103 To implement these findings, the City Council, through this Ordinance, establishes
minimum requirements to protect the public health, safety, morals, comfort,
convenience and general welfare of the people. This Ordinance shall divide the City
into use districts and establish regulations which control the location, erection,
construction, reconstruction, alteration and use of structures and land.
1101.200: OVERVIEW OF THIS ZONING ORDINANCE: This Ordinance provides for the
classification and regulation of uses and structures within the City. The classifications
and regulations are intended to effectuate the goals and policies of the City's
Comprehensive Plan, to assure for the orderly and efficient growth within the City and
promote the general health, welfare, and safety of the community and its residents.
Every person owning property, living in, or involved in a business in the City is
presumed to know the provisions of this Ordinance.
1101.201 This Ordinance is divided into various subsections many of which interrelate with other
subsections of the Ordinance. The Ordinance provides for rules governing how the
various provisions are to be interpreted and how to reconcile what may appear to be
conflicts between Sections.
1101.202 This Ordinance divides the City into 12 Use Districts. Within each Use District certain uses
of land are permitted, permitted with conditions, permitted by conditional use permit
or permitted by an interim use permit.
Ord. Amd. 109-06, publ. 06/06/09
1101.203 In addition to classifying uses and prescribing which Use Districts they may be allowed in
this Ordinance establishes performance standards and dimensional standards for
particular uses. Performance standards are such things as lighting, bufferyard and
landscaping standards and restrictions on noise and hours of operation. Dimensional
standards are such things as setbacks, minimum lot size and height restrictions.
1101.204 The Ordinance provides for procedures and processes that must be followed in connection
with obtaining a Conditional Use Permit, variance, building permit, ordinance
interpretation and activities which require any other permit from the City; for example,
home occupations.
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June 1, 2009 1101/p3
There is also a process whereby an aggrieved party within a specified radius, which
includes the City Staff, may appeal a decision of the Planning Commission, Board of
Adjustments and Appeals or Zoning Administrator and also procedures to request an
amendment to the City's Comprehensive Plan and Zoning Ordinance. Wherever
possible, any costs associated with these processes and procedures are to be born
by the applicant.
1101.205 Any person who violates any provision of this Ordinance is subject to any of the following
enforcement tools: criminal prosecution, civil penalties imposed by the City Council
or equitable remedies available by law. Any costs incurred by the City in enforcing
any provision of this Ordinance shall constitute damages incurred by the City and
shall be recovered through a judicial proceeding or by assessing said damages
against the property.
1101.206 The City Council shall annually establish by resolution fees for land use applications,
reviews and processes.
1101.207 The Planning Commission shall serve as the Board of Adjustments and Appeals.
1101.208 The Community Development Director shall serve as the Zoning Administrator.
(Ord. Amd. 117-16, publ. 09/16/2017)
1101.300: RULES OF CONSTRUCTION: The following rules of construction govern the
interpretation of the language of this Ordinance:
(1) The singular includes the plural and the plural the singular.
(2) The present tense includes the past and future tenses and the future includes the
present.
(3) The word "shall" is mandatory, and the word "may" is permissive.
(4) Whenever a word or term which is defined in this Ordinance appears in the text of
this Ordinance, its meaning shall be that stated in Subsections 1101.400 and
1101.1000. Words or terms which are not defined in this Ordinance shall have their
ordinary and usual meaning at the time the word or term is being applied to a zoning
question or situation. General words are construed to be restricted in their meaning
by preceding particular words.
1101.301 Interpretation. The following rules apply to determine the boundaries of a zoning district
or the status of a land use:
(1) Use District Boundaries
a. In determining the location of Use District boundaries, the Zoning
Administrator shall consider the provisions of Subsection 1101.800. If these
provisions are not applicable and distances and dimensions are not labeled, the
Zoning Administrator shall determine the location of the line by scaling from the official
copy of the Zoning Map.
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June 1, 2009 1101/p4
b. If a Use District boundary line passes through a building or structure, the
boundary line shall be adjusted so that the line falls outside of the building or structure
at a location most compatible with the purpose and intent of this Ordinance.
(2) Land Use. The only uses which can be made of property are those uses listed in the
district and these are permitted only in the manner described by this Ordinance.
1101.302 Appeal of Zoning Administration Decisions. Any order, requirement, decision or
determination of the Zoning Administrator may be appealed to the Board of
Adjustments and Appeals under the provisions of Subsection 1109.300.
(Ord. Amd. 117-16, publ. 09/16/2017)
1101.303 Timing. Where the performance or doing of any act, duty, matter, payment or thing is
ordered or directed and the period of time or duration for the performance or doing
thereof is described and fixed by this Ordinance, the time shall be computed so as to
exclude the first and include the last day of the prescribed or fixed period or duration
of time. When the last day of the period falls on Saturday, Sunday, or a legal holiday,
that day shall be omitted from the computation. The period shall be based on total
calendar days.
When an application, payment, drawing, contract or other document is to be delivered
to or filed with any department of the City or other unit of government on or before a
prescribed date and the prescribed date falls on a Saturday, Sunday, or legal holiday,
it is timely delivered or filed if it is delivered or filed on the next succeeding day which
is not a Saturday, Sunday, or legal holiday. The period shall be based on total
calendar days.
1101.304 Effect. This Ordinance shall be construed, if possible, to give effect to all provisions in this
Ordinance. When the words of this Ordinance in their application to an existing
situation are clear and free from all ambiguity, the letter of this Ordinance shall not be
disregarded under the pretext of pursuing the spirit. When the words of this
Ordinance are not explicit, the following factors may be considered:
➢ The occasion and necessity for the Ordinance or specific provision.
➢ The circumstance under which it was enacted.
➢ The mischief to be remedied.
➢ The object to be attained.
➢ The former Zoning Ordinance.
➢ The consequences of a particular interpretation.
➢ Administrative interpretations of this Ordinance and interpretations by the
Board of Adjustments and Appeals and the City Council.
In interpreting this ordinance, the following presumptions apply:
➢ The City Council did not intend a result that is absurd, impossible of execution,
or unreasonable.
➢ The City Council intended the entire Ordinance to be effective and certain.
➢ The City Council did not intend to violate the Constitution of the United States
or of the State of Minnesota.
➢ The City Council intended to favor the public interest as against any private
interest.
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June 1, 2009 1101/p5
(Ord. Amd. 117-16, publ. 09/16/2017)
1101.305 Grammar. Grammatical errors shall not destroy the application of this Ordinance. A
transposition of words and clauses may be resorted to when a sentence, as it stands,
is without meaning. Words and phrases which may be necessary to the proper
interpretation of this Ordinance and which do not conflict with its obvious purpose and
intent nor in any way affect its scope in operation, may be added in the construction
thereof.
1101.306 Provisos. Provisos shall be construed to limit rather than to extend the operation of the
clauses to which they refer. Exceptions expressed in this Ordinance shall be
construed to exclude all others.
1101.307 Penalties. When a penalty or forfeiture is provided for the violation of this Ordinance, each
day that a violation exists shall constitute a separate violation.
1101.308 Conflicts. When a general provision of this Ordinance conflicts with a special provision in
this Ordinance, the two shall be construed if possible so that effect shall be given to
both. If the conflict between the two provisions is irreconcilable, the special provisions
shall prevail and shall be construed as an exception to the general provision unless
the general provision was enacted subsequent to the special provision.
When several clauses are irreconcilable, the Ordinance clause last in order of date
or position shall prevail. When the provisions of two or more amendments to this
Ordinance passed at different dates are irreconcilable, the amendment latest in date
of final enactment shall prevail.
1101.309 Reference. Whenever any specific Section is referenced in this Ordinance, the reference
shall include and incorporate any changes, revisions or amendments as may from
time to time be enacted. When a section or part of this Ordinance is amended, the
amendment shall be construed as merging into the original Ordinance, becoming a
part thereof, and replacing the part amended, and the remainder of the original
Ordinance and the amendment shall be read together and viewed as one Ordinance
passed at one time. The portions of the Ordinance which were not altered by the
amendment shall be construed as effective from the date of the first enactment, and
the new provision shall be construed as effective only from the date when the
amendment became effective.
When this Ordinance adopts the provisions of State Statute by reference, it also
adopts by reference any subsequent amendments of that statute. If two or more
amendments to the same provision of this Ordinance are enacted at the same or at
different times, one amendment overlooking and making no reference to the other or
others, the amendments shall be construed together if possible and effect be given
to each. If the amendments are irreconcilable, the amendment latest in date of final
enactment shall prevail.
1101.310 Diagrams. Diagrams, where provided, are intended to aid written text and may not be
drawn to scale. Where a conflict exists between a diagram and text, the text shall
prevail.
1101.311 Separability. Provisions in this Ordinance are separable if the following events occur:
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June 1, 2009 1101/p6
(1) If a court of competent jurisdiction finds any provision of this Ordinance to be invalid,
that judgment shall not affect any other provision of this Ordinance not specifically
included in the judgment.
(2) If a court of competent jurisdiction finds the application of any portion of this
Ordinance to a particular property, building, or other structure invalid, that judgment
shall not affect the application of the provision to any other property, building or
structure not specifically included in the judgment.
(3) If a court of competent jurisdiction finds any individual condition of a Conditional Use
Permit invalid, that judgment shall not invalidate any other condition of the same
Conditional Use Permit not specifically included in such judgment nor shall it
invalidate the application of the same condition in any other Conditional Use Permit.
1101.312 Jurisdiction and Authority. This Ordinance is enacted under the authority granted to the
City by the State Legislature in duly codified State Statutes. If those statutes are
amended to restrict or enlarge the authority delegated to the City, those amendments
shall be deemed to be incorporated into this Ordinance. This Ordinance governs the
use of all land and structures in the City unless such regulation is specifically
preempted by State or federal Statutes or regulations.
1101.313 Application.
(1) Minimum Requirements. The provisions of this Ordinance are the minimum
requirements for the promotion of the public health, safety, morals and general
welfare.
(2) More Restrictive Applications. Where the conditions imposed by any provision of
this Ordinance are either more or less restrictive than comparable conditions imposed
by any other applicable law, Ordinance or statute of any kind, the law, Ordinance, or
statute which is most restrictive or which imposes the higher or more restrictive
standards or requirements shall control.
1101.314 Mixed Use. All regulations applicable to each use in a mixed use development shall be
applicable, except where the mixed use is approved under Subsection 1106.600 or
where parking is approved under Subsection 1107.200.
1101.315 Measurement. All measured distance expressed in feet shall be to the nearest tenth of a
foot. The measurement of distances when required by this Ordinance shall be done
in a straight line in the plane located at a point 1 foot above the highest point in the
surface of the ground along the path of measurement, from the most exterior wall of
a building containing the use to the property line of the adjacent street, district, or lot
or other boundary line. If the use is not within a building, the measurement shall be
the shortest distance from the location of the use to the property line of the adjacent
street, district, or lot or other boundary line.
For lots of record existing on the effective date of this Ordinance, if the parcel
dimensions shown on the recorded plat are smaller than the dimensions shown on a
current survey, the dimensions shown on the plat shall be accepted as correct for the
purpose of determining lot width, lot depth, lot area and setbacks, provided that the
dimensions on the survey have values equal to or greater than 99% of the dimensions
shown on the plat.
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1101.400: DEFINITIONS. Whenever the following words or terms are used in the Subdivision
Code or Zoning Code, whether or not capitalized, they shall have such meanings
herein ascribed to them, unless the context makes such meaning repugnant thereto:
Abandonment. To cease or discontinue a use or activity for any reason, but
excluding temporary interruptions to the use during periods of building or remodeling
where a valid building permit has been issued or during periods of routine seasonal
closure.
Abutting. Having a common border with, or being separated from such a common
border by an alley.
Access Aisle or Aisle. The traveled way by which vehicles enter and depart parking
spaces.
Accessory Apartment. A permitted independent, subordinate dwelling unit
contained within a single family detached dwelling for occupancy only by
immediate family members or care providers of the occupiers of the principal
structure on the lot.
Accessory Use or Structure. A use or a structure subordinate to the principal use
or structure on the same land and customarily incidental thereto.
Alley. A public right-of-way, with a width not exceeding 24 feet nor less than 12 feet
which affords a secondary means of access to property abutting the alley.
Alteration. Any change, addition, or modification in construction or occupancy of an
existing structure or modification to the surface of the ground.
Antenna. Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas, such as
panels, microwave dishes, and satellite dishes, and omni-directional antennas, such
as whip antennas.
Basement. That portion of the building having more than 1/2 of the ground floor-to-
ceiling height below the average grade of the adjoining ground.
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June 1, 2009 1101/p8
Berm. A land alteration where fill is added to the surface of the ground in order to
create an earthen mound or hill generally used in conjunction with walls, fences, or
plant materials to screen or insulate one parcel of land from another or from a street.
Block. An area of land within a subdivision that is entirely bounded by streets, or by
streets and the entire boundary or boundaries of the subdivision, or by a combination
of the above with a river or lake.
Block Front. The distance between intersections along one side of a street.
Bluff**. A topographic feature such as a hill, cliff, or embankment having the following
characteristics:
➢ Part or all of the feature is located in a Shoreland area;
➢ The slope rises at least 25 feet above the ordinary high water level of the
water body;
➢ The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30% or more; and
➢ The slope must drain toward the water body.
**An area with an average slope of less than 18% over a distance of 50 feet or
more shall not be considered part of the bluff.
Toe of the Bluff. The lower point of a 50 foot segment with an average slope
exceeding 18%.
Top of the Bluff. The highest point of the slope, as measured from the toe
of the bluff, where the grade becomes less than 30%.
Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff.
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June 1, 2009 1101/p9
Boardinghouse. A building other than a motel or hotel where for compensation or
by prearrangement for definite periods, meals or lodging are provided for 3 or more
persons, but not to exceed 8 persons.
Boathouse. A structure used solely for the storage of boats or boating equipment.
Boat Lift: A structure or device, without walls that is designed to lift watercraft above
the level of the public water or ground elevation when not in use. This definition also
includes rail systems or track systems extending from the land bed to the shore. A
boat lift may be designed to include a watercraft canopy.
Boulevard. That portion of a street right-of-way between the curb line and property
line.
Buffer Strip. An area of natural, unmaintained, vegetated ground cover abutting or
surrounding a wetland.
Bufferyard. An area of land established to protect and screen one type of land use
from another land use that is incompatible. Normally, the area is landscaped and
kept in open space use. Screening techniques include the addition of vertical
elements such as fences, walls, hedges, berms, or other features to mitigate the
effects of incompatible land uses.
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Building. Any structure having a roof which may provide shelter or enclosure of
persons, animals or chattel.
Building Face. That portion of the exterior wall of a structure which shall lie in a
vertical plane. Any break in a building face shall be defined by an exterior angle of at
least 210 degrees or a curved portion of such exterior wall which shall have a central
angle of 30 degrees or more.
Building Height. A distance to be measured from the mean curb level along the
front lot line or from the finished grade level for all that portion of the structure having
frontage on a public right-of-way to the top of the roofline of a flat roof; to the deck
line of a mansard roof; to the uppermost point on a round or other arch type roof; or
the mean distance of the highest gable on a pitched or hip roof.
Caliper Inch. A unit of measurement describing the diameter of a tree measured
4.5 feet above the finished grade level.
Canopy Tree. A deciduous tree planted primarily for its high crown of foliage or
overhead canopy.
Carport. Space for the housing or storage of motor vehicles and enclosed on not
more than 2 sides.
Channel. The natural or artificial depression of perceptible extent along a stream or
drainageway with a definite bed and bank to confine and conduct flowing water either
continuously or periodically.
City. The City of Prior Lake, a municipal corporation, along with its duly authorized
boards, commissions and representatives.
Civil Engineer. A person licensed to practice civil engineering under Minnesota
Statutes §326.02 to 326.15.
Comprehensive Plan. The group of maps, charts and texts that make up the
comprehensive long-range plan of the City including but not limited to the text of the
Comprehensive Plan, the Land Use Plan Map, Transportation Plan and the Capital
Improvements Program.
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June 1, 2009 1101/p11
Concept Plan. A concept plan or informal map of a proposed subdivision of sufficient
accuracy to be used for the purpose of discussion and classification of City
ordinances with the City staff.
Conditional Use. A specific type of structure or land use which is permitted by this
Ordinance only after an in-depth review procedure set forth in subsection 1108.200
and with appropriate conditions or restrictions as provided in this Ordinance and upon
finding that: (1) certain conditions as detailed in this Ordinance exist; and (2) the
structure and land use conform to the Comprehensive Plan and are compatible with
the existing neighborhood.
Condominium. A form of undivided property ownership providing for individual
ownership of space in a structure together with an individual interest in the land or
other parts of the structure in common with other owners.
Conforming Building or Structure. A building or structure which complies with the
height, setback, density and floor area ratio requirements of the district in which it is
located. Included in this definition are structures complying with the flood proofing
and elevation regulations of the Flood Plain overlay district, and structures complying
with the setback and use regulations of the Shoreland overlay district.
Coniferous Tree. A woody plant having foliage on the outermost portion of the
branches year round.
Curb Level. The grade elevation as established by the City at the curb in front of the
center of the building. Where no curb level has been established, the Director of
Public Works shall determine a curb level or its equivalent for the purpose of this
Ordinance.
Customer Floor Area. That part of the gross floor area of a commercial
establishment used by and accessible to the public, except public rest rooms.
Deciduous Tree. A woody plant having a defined crown and which loses leaves
annually.
Deck. A horizontal, unenclosed platform with or without attached railings, seats,
trellises, or other features, attached or functionally related to a principal use or site
and extending 30 inches or more above ground at any point.
Density. The number of dwelling units permitted per net acre of land.
Design Standards. The specifications for the preparation of plats, both preliminary
and final, indicating among other things the optimum, minimum or maximum
dimensions of such items as rights-of-way, blocks, easements and lots.
Developer. Any person or legal entity who undertakes to improve a parcel of land
by platting, grading, installing utilities or constructing any building thereon.
Development. All structures, land uses, and other modifications of the existing
landscape above and below ground or water, on a single parcel, or on more than one
parcel if covered by a single PUD or conditional use permit.
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Diameter at Breast Height (DBH). The diameter of a tree measured at a height of
4 1/2 feet from the ground level.
Dimensional Standards. Numerical standards relating to spatial relationships,
including but not limited to setback, lot area, frontage, and height.
District. See "Use District".
Drip Line. The farthest distance away from the trunk of a tree that rain or dew will
fall directly to the ground from the leaves or branches of the tree.
Driveway. A private roadway providing access to a street.
Dwelling. A building or 1 or more parts thereof occupied or intended to be occupied
exclusively for residence purposes, but not including rooms in motels, hotels, nursing
homes, boarding houses, trailers, tents, cabins or trailer coaches.
Dwelling, Single Family Attached. A residential structure designed to house a
single-family unit from lowest level to roof, with a private outside entrance, but
not necessarily occupying a private lot, and sharing a common wall adjoining
dwelling units.
Dwelling, Single Family Detached. A residential structure designed to house a
single-family unit, with private outside entrance, but without common walls
between the dwelling units.
Dwelling Unit. One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with separate
toilets and facilities for cooking and sleeping.
Easement. The grant of one or more of the property rights by the owner to, or for
the use by, the public, public utility, corporation, or another person or entity.
Equal Degree of Encroachment. A method of determining the location of
encroachment lines so that the hydraulic capacity of flood plain lands on each side of
a stream are receded by an equal amount when calculating the increases in flood
stages due to flood plain encroachments.
Evergreen. A plant with foliage that persists and remains green year-round.
Excavation. Removal of soil, rock, minerals, debris or organic substances other than
vegetation from a parcel of land.
Expansion. An increase in the floor area or volume of an existing building.
Facade. The exterior wall of a building exposed to public view.
Family. Family shall mean one of the following:
➢ Any group of people living together as a single housekeeping unit, all of whom
are related by blood, marriage, or adoption plus children who are under foster
care.
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➢ Up to four people unrelated, living together as a single housekeeping unit.
➢ Any group of people living together as a single housekeeping unit, if no more
than two adult members function as the heads of the household group and
the remaining members are dependent upon them for care and direction due
to age, physical disability, a mental incompetency or for other reasons.
➢ Any individual who is the owner, living and maintaining a common household
and using a common cooking and kitchen facility.
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 10 animals shall not be considered
animal feedlots.
Fence. Any artificially constructed barrier of any material or combination of materials
erected to enclose or screen areas of land.
Filling. The placement of sand, gravel, earth or other materials of any composition
on a parcel of land. Also see "land reclamation".
Flood. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
Flood Plain. The land adjacent to a wetland, lake or watercourse which has been or
hereafter may be covered by the regional flood.
Floodproofing. A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store
the regional flood discharge.
Floor Area. The sum of the gross horizontal areas of the several floors of a building
including interior balconies, mezzanines, basements, attics, penthouses and
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attached accessory buildings. Measurements shall be made from the inside of
exterior walls and to the center of interior walls. For the purposes of determining off-
street parking requirements, inside off-street parking or loading space is excluded
from floor area.
Floor Area Ratio (FAR). The numerical value obtained by dividing the total floor
area of a building or buildings excluding the basement by the lot area on which such
building or buildings are located.
Forester. A person holding at least a Bachelor of Science degree in forestry from an
accredited four-year college of forestry.
Foster Family Home. A family home where children out of their own homes are
cared for 24-hours a day for a period of 30 days or more.
Game Room. An establishment offering various mechanical and electronic games
for use by the public for a fee. Such use may also include sale of food items and
merchandise either incidentally or as another principal use in the same building or
tenant space, and also some assembly or meeting space.
Garage, Private. A detached accessory building or portion of the principal building,
including a carport, which is situated on the same lot as the principal building used
primarily for storing motor vehicles with no facilities for mechanical service or repair
of a commercial nature except as provided in Subsection 1101.501 (3)d.
Grade. The average elevation of the finished ground level at the midpoint of all walls
of a building, or in the case of signs, the average elevation of the finished ground
level at the base of a sign. This definition includes the terms finished grade and mean
ground level.
Grading. Excavating, filling or other changes in the earth's natural topography
including stockpiling of earth or land.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p15
Ground Cover. Plants, other than turf grass, normally reaching an average
maximum height of not more than 18 inches at maturity.
Ground Floor Area. The lot area covered by a building or buildings measured from
the exterior faces of exterior walls but excluding decks and terraces and detached
garages which do not exceed 12 feet in height.
Hedge. A landscape barrier consisting of a continuous, dense planting of shrubs.
Heritage Trees. Any tree which has been determined to be of high value because
of its specie, size, age, and other specific criteria as listed in Subsection
1107.2103(3).
Horticulturist. A person holding at least a Bachelor's of Science degree in
horticulture or field related to the cultivation of plants, and/or licensed as a
horticulturist by the State of Minnesota.
Impervious Surface. The portion of a property which has a covering which does not
permit water to percolate into the natural soil. Impervious surface shall include, but
not be limited to, all driveways and parking areas, whether paved or not, sidewalks
greater than 3 feet in width, patios, tennis and basketball courts, swimming pools,
covered decks and other structures. Decks open to the sky and having open joints
of at least ¼ inch, areas beneath overhangs less than 2 feet in width, and walkways
3 feet in width or less shall be exempted from the calculation of impervious surface.
In order to qualify for the walkway exemption, a minimum of 3 feet of pervious green
space must be located between the walkway and any other impervious surface,
including another walkway 3 feet or less in width. The impervious surface of a lot
shall be documented by a certificate of survey unless exempted from this requirement
by the Zoning Administrator.
Individual Sewage Treatment System. A septic tank, seepage tile sewage disposal
system, or any other approved sewage treatment device.
Interim Use. A temporary use of property until a particular date, until the occurrence
of a particular event, or until zoning regulations no longer permit it.
Ord. Amd. 109-06, publ. 06/06/09
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p16
Irrigation System. A permanent, artificial watering system designed to transport and
distribute water to plants.
Land Alteration. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change which may
result in:
➢ Any alteration of land of more than 1 foot from the natural contour of the
ground on any contiguous 450 square feet of ground where significant trees
are present; or
➢ Any cutting, removal or killing of more than 20% of the significant trees on
any land within a period of 5 years.
Land Reclamation. The reclaiming of land by depositing fill material to alleviate the
grade. See Also "Filling".
Landscape Architect. A person licensed by the State of Minnesota as a Landscape
Architect.
Land Surveyor. A person licensed to practice land surveying under Minnesota
Statutes §§326.02 to 326.15.
Landing. An intermediate platform on a flight of stairs, the dimensions of which are
dictated by the Building Code.
Laundromat. An establishment providing washing, drying or dry-cleaning machines
on the premises for rental use to the general public.
Level of Service. The traffic capacity of an intersection or roadway based upon
criteria established and published by the Institute of Traffic Engineers, as amended
periodically.
Lot. A piece of land established by plat, subdivision or otherwise permitted by law
occupied or used or intended for occupancy or use as permitted by the Zoning Code,
abutting on a public street, and of sufficient size to provide the yards required by the
Zoning Code.
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City of Prior Lake
June 1, 2009 1101/p17
Lot Area. The area of a lot in a horizontal plane bounded by the lot lines. Only land
above the ordinary high water level of a public water or above the 100-year water
elevation of a wetland or pond may be used to meet the minimum lot area
requirements.
Lot Area, Minimum. Except as may be otherwise expressly allowed in the
Subdivision Code or the Zoning Code, the area of a horizontal plane within the lot
lines excluding major drainageways, wetlands, water bodies, and road rights-of-way.
In the Shoreland District, only land above the Ordinary High Water Elevation of any
public water may be used to meet minimum lot area standards.
Lot, Buildable. A lot which meets the minimum lot width and area requirements of
the use district in which it is located.
Lot Area per Family. The number of square feet of lot area required per dwelling
unit.
Lot, Corner. A lot situated at the junction of, and abutting on 2 or more intersecting
streets, or a lot at a point of deflection in alignment of a continuous street, the interior
angle of which does not exceed 135 degrees.
Lot Depth. The mean horizontal distance between the front lot line and the rear lot
line of a lot.
Lot, Flag. A large lot not meeting minimum lot width requirements and where access
to the public road is by a narrow, private right-of-way or driveway.
Lot, Interior. A lot other than a corner lot.
Lot Line. The property line bounding a lot except that where any portion of a lot
extends into the public right-of-way, street easement, or a proposed public right-of-
way, the line of such public right-of-way or street easement shall be the lot line for
applying the Subdivision Code and Zoning Code.
Lot Line, Front. That boundary of a lot which abuts a street. In the case of a corner
lot it shall be the shortest frontage on a public street. If the dimensions of a corner lot
are equal, the front lot line shall be designated by the owner and filed in the office of
the Zoning Administrator. If a lot has multiple sides on more than two street frontages,
the front lot line shall be determined by the Zoning Administrator.
Lot Line, Rear. A lot line not intersecting a front lot line that is most distant from and
most closely parallel to the front lot line. For a lot bounded by only three lot lines, the
rear lot line shall be a line 10 feet in length within the lot, parallel to and at the
maximum distance from, the front lot line.
Lot Line, Side. A lot line which intersects with a front lot line.
Lot, Through. A lot which has a pair of opposite lot lines abutting 2 substantially
parallel streets, and which is not a corner lot.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p18
Lot Width. The horizontal distance between the side lot lines measured at the
required front yard line.
Lot of Record. Any lot of a plat heretofore or hereafter duly approved and filed, or 1
unit of an Auditor's Subdivision or a Registered Land Survey or a piece of land not so
platted, subdivided or registered, for which a Deed, Auditor's Subdivision or
Registered Land Survey has been recorded in the office of the Register of Deeds or
Registrar of titles for Scott County, Minnesota, prior to June 1, 2009.
Manufactured Home. A structure, transportable in one or more sections, which in
the traveling mode, is 8 body feet or more in width or 40 body feet or more in length,
or when erected on site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained therein; except that the
term includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification required by the Secretary of
State and complies with the standards established under Minnesota State Statutes.
Metes and Bounds. A method of describing the boundaries of land by direction
(bounds) and distances (metes) from a known point of reference. Lots described by
this method are generally unplatted property.
Mining. The extraction and removal of sand, gravel, or other earthen material from
a parcel of land.
Mulch. Nonliving organic, synthetic and rock materials customarily used in
landscape design to retard erosion and retain moisture.
Model Home. A dwelling constructed on a lot within a development used for
sales and marketing of the development.
New Construction. Any construction of a new structure; or any total structural
improvements to the exterior or interior of an existing structure that may require an
electrical, plumbing, HVAC, or other zoning or building permit which exceed 50% of
the Fair Market Value of all the structures on the property.
Nonconforming or Nonconformity. Any development including but not limited to
structures, signs, site lighting, off-street parking lots, bufferyards, land uses, or
parcels which were legally constructed or established prior to the effective date of this
Ordinance, or subsequent amendment to it, which would not be permitted by or is not
in full compliance with, the provisions of this Ordinance.
Legal Nonconforming. Anything lawfully existing before the enactment of this
Ordinance which does not conform to a condition or provision of this Ordinance,
including but not limited to the foregoing; buildings and other structures, off-street
parking, outdoor sales and storage, land use, signs, outdoor lighting, subdivided
parcels of land and developments.
Nonconforming Lighting. Outdoor site lighting which does not conform to the
intensity or source visibility requirements of this Ordinance.
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City of Prior Lake
June 1, 2009 1101/p19
Nonconforming Bufferyards. Bufferyards which do not conform to the distance,
height, screening, density, material or planting requirements of this Ordinance.
Nonconforming Land Use - Not Permitted in City. A land use which is not listed
as permitted, permitted with conditions or permitted with a Conditional Use Permit in
any Use District in the City.
Nonconforming Land Use - Not Permitted in Use District. A land use which is
not listed as permitted, permitted with conditions, or permitted with a Conditional Use
Permit in the Use District in which it is located.
Nonconforming Land Use - No Conditional Use Permit. A land use which
requires a Conditional Use Permit in the Use District in which it is located for which a
valid Conditional Use Permit has not been issued.
Nonconforming Lot. A lot of record which does not conform to the width, lot area,
or yard requirements of the Use District in which it is located, and which is not
buildable unless it complies with the provisions of Subsection 1101.501.
Nonconforming Parking. Parking which legally existed upon the effective date of
this Ordinance and which does not comply with the numerical and/or design
requirements of Subsection 1107.200.
Nonconforming Signs. Signs which do not conform to the requirements of
Subsections 1107.400 through 1107.1700.
Nonconforming Structures. Buildings and structures which do not conform to the
dimensional standards or densities of the Use District in which they are located.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried
by such water.
Official Controls. The adopted goals, policy statements, standards, programs, and
maps for the City of Prior Lake and its environs. Such controls include, but are not
limited to, the Comprehensive Plan, the City Code, the Subdivision Ordinance, the
Capital Improvements Program, and any amendment to such plans or parts thereof.
Official Map. A map adopted in accordance with Minnesota Statutes §462.359,
which may show the location of existing and proposed right-of-ways for future streets,
roads, and highways, and the location of existing and future public land facilities, and
any amendments to such maps or parts thereof.
Opacity. The degree of openness to which light or views are blocked measured
perpendicular to the fence for each fence section between supports. The lower
percentage of opacity allows more light or view between fence materials.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p20
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.
Ornamental Tree. Any tree planted primarily for its ornamental value or for screening
purposes and tends to be smaller at maturity than canopy trees.
Outlot. A lot remnant or piece of land left over after platting, which is intended as
open space or other use, for which no development is intended and for which no
building permit shall be issued. Outlots may also be platted for use as private streets
and platted or reserved for future phases of a development.
Parks and Playgrounds. Public land and open spaces in the City dedicated or
reserved for recreation and open space purposes.
Parking Space. An area on a lot or within a building intended for the use of temporary
parking of a motor vehicle which has a means of access to a public street. This term
is used interchangeably with parking stall.
Pedestrian Way. A public right-of-way across a block or within a block to provide
access for pedestrians and which may be used for the installation of utility lines.
Performance Standards. Specified criteria and limitations which are placed on
development which are intended to protect the public health, safety or welfare.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p21
Person. An individual, firm, partnership, corporation, company, association, society,
joint stock association, or political subdivision of the state including any trustee,
receiver, assignee or other representative thereof.
Place of Public Assembly. A site that is occupied by 20 or more persons on at least
five days a week for ten weeks in any 12-month period. The days and weeks need
not be consecutive.
Planned Unit Development (PUD). An area of minimum contiguous size to be
planned, developed, operated, and maintained as a single entity containing one or
more structures to accommodate residential or commercial uses, or both, and
appurtenant common areas and other uses incidental to the predominant uses.
Planning Commission. The Planning Commission of the City.
Plat. A map of a subdivision showing the boundaries and location of individual lots,
outlots, easements, streets and other rights-of-way.
Plat, CIC. A Common Interest Community Plat as described and defined by
Minnesota Statutes Chapter 515B.
Plat, Final. A map of all or in the case of a phased or staged development a portion
of a subdivision presented to the City Council for final approval.
Plat, Preliminary. A map indicating the proposed layout of the subdivision submitted
to the City Council for preliminary approval.
Platform. A flat, floored, roofless area detached from a house with a finished floor
elevation less than 30" above the natural grade around the perimeter of the platform.
Play Field. An outdoor facility developed as a baseball diamond, softball diamond,
soccer field, football field, or other surface for conducting outdoor recreational
activities.
Practical Difficulties. Items property owner(s) identify when proposing to use a
property in a reasonable manner not permitted by the zoning ordinance; the plight
of the landowner is due to circumstances unique to the property not created by the
landowner; as may be further defined by Minn. Stat. 462.357, Subd. 6.
Principal Building. A building or group of buildings in which the primary use of a lot
is located.
Principal Use. The main use and chief purpose of land or structures, as
distinguished from a secondary or accessory use.
Proof of Parking. A method by which an area of a lot other than that area required
for yards, landscaping, or any other area required for other purposes by this
Ordinance which is allocated for parking, but is not paved or striped.
Property. A legally described parcel of land, including but not limited to structures,
parking lots, landscaping, lighting, signs and all other physical elements on the site
and the use, operation and functioning of these elements.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p22
Property Line. See Lot Line.
Property Owner. Legal owner of property as officially recorded by Scott County.
(Ord. Amd. 110-03, publ 8/21/10)
Protective Covenants. A recorded contract made between private parties as to the
manner in which land may be used, with the view to protecting and preserving the
physical and economic integrity of any given area.
Public Improvement. Any facility for which the City may ultimately assume the
responsibility for maintenance and operation or which may affect an improvement for
which local government responsibility is established.
Public Waters. Any waters as defined in Minnesota Statutes §103G.005, Subd. 15.
Public Works Design Manual (PWDM). A manual adopted by the City of Prior Lake
for developers, builders and their engineers as well as City engineers and consulting
engineering personnel regulating and identifying the minimum standards for the
design, construction and connection to public infrastructure facilities within the City.
Recreational Equipment. Recreational equipment shall include, but not be limited
to, boats, boat trailers, boat lifts and rail systems, general purpose trailers,
recreational campers, self-contained motor homes, truck toppers, fish houses, utility
trailers, jet skis and snowmobiles.
Recyclable Materials. Materials that are separated from mixed municipal solid
waste for the purpose of recycling, including paper, glass, metals, automobile oil,
batteries and other specifically allowed items. Refuse derived material or other
material that is destroyed by incineration is not a recyclable material.
Recycling Facility. A center for the collection, processing or repair of recyclable
materials for reuse in their original form or use in manufacturing processes.
Recycling facilities may include the following:
Designated Recycling Center. A recycling facility which has complied with the
permitting rules of the Pollution Control Agency and is open a minimum of 12
operating hours each week, 12 months each year, and accepts for recycling at least
four different materials such as paper, glass, plastic and metal.
Light Processing Recycling Facility. A building or enclosed space occupying an
area less than 45,000 square feet and used for the collection and processing of
recyclable materials. Processing does not include end-use manufacturing or
industrial use but may include the preparation of material for efficient shipment or
end-user's specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, and shredding.
Recreational Dome. A translucent or opaque fabric structure supported by air.
Redevelopment District. The area within the Prior Lake City limits identified by City
Council Resolution No. 85-11 or any subsequent resolution or amendments thereto.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p23
This area is also referred to as Municipal Development District #1, and is commonly
known as Downtown Prior Lake.
Remodel. Any improvement to the exterior or interior of an existing structure that
may require an electrical, plumbing, HVAC, or other zoning or building permit. The
cost of a structural remodel shall not exceed 50% of the Fair Market Value of the
structures on the property (for construction exceeding the 50% Fair Market Value see
New Construction).
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
the Flood Insurance Study.
Regulatory Flood Protection Elevation. The Regulatory Flood Protection
Elevation shall be an elevation at least one foot above the Regional Flood (to the
nearest one-tenth foot as indicated in the Flood Insurance Study Text) plus any
increase in flood elevation caused by encroachments on the flood plain authorized
by this Ordinance. For structures constructed prior to November 19, 1997, the
Regulatory Flood Protection Elevation does not have to include the one foot of
freeboard noted in this paragraph unless the existing structure has been removed as
part of the site redevelopment.
Replat. The subdivision of land in accordance with the Subdivision Code which has
previously been platted and which is of record with the County pursuant to Minnesota
Statutes Chapter 505.
Right-of-Way. An area or strip of land, either public or private, acquired by
dedication, reservation, prescription or condemnation, occupied or intended to be
occupied by a road, crosswalk, utility line, railroad, electric transmission line or other
similar use and on which a right-of-passage has been recorded for the use of
pedestrians and vehicles, including trains or pedestrians or both.
.
Roof Line. The lowest plane at which the external upper covering begins.
Root Zone. The area under a tree which is at or within the drip line of a tree.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p24
Sales Trailer. A temporary structure within a residential development project for
use as a sales or rental office for the units on the same site, which is removed at
build out of the project, or when a model home is constructed, or by other terms
prescribed by the City.
Screen. A method of reducing the impact of noise and unsightly visual intrusions
with less offensive or more harmonious elements, such as plants, berms, fences,
walls, or any appropriate combination thereof.
Service Stall. The area within a motor fuel station or auto repair facility of adequate
size to service one motor vehicle. A service stall shall have a maximum floor area of
400 square feet. This term is synonymous with service bay.
Setback. See Yard.
Shoreland. Land located within the following distances from protected waters: (1)
1,000 feet from the Ordinary High Water Mark of a lake, pond, or flowage; and (2)
300 feet from a river or stream, or the landward extent of a floodplain on such rivers
or streams, whichever is greater. 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 public
water and a line parallel to it at a setback of 50% of the structure setback.
Shrub. A self-supporting woody perennial plant, smaller than a tree, consisting of
several small stems from the ground or small branches near the ground; may be
deciduous or evergreen, and usually not more than 10 feet in height at its maturity.
Sidewalk / Trail. A paved path provided for pedestrian or bicycle use and usually
located at the side of a road within a right-of-way.
Sign. Any written or graphic announcement, declaration, demonstration, display,
illustration, insignia, illumination, or message-bearing device used to advertise or
promote the interest of any person or persons when the same is displayed or placed
out-of-doors in the view of the general public, on a pylon, exterior wall, or building
surface, or inside of a building within 3 feet of a transparent window. A sign shall be
considered as a structure or a part of a structure for the purpose of applying yard and
height regulations except as herein stipulated. The definitions of specific sign types
are found in Subsection 1107. 400.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p25
Sign Plan. A plan supplied by an applicant as part of a sign permit application. The
Sign Plan must contain the necessary information as detailed in Section 1107.1200
for the Zoning Administrator to fully evaluate if a proposed sign will be incompliance
with Section 1107.400 of this Ordinance.
(Ord. Amd. 110-03, publ 8/21/10)
Significant Tree. A deciduous tree measuring 6 caliper inches (DBH) or more in
diameter or a coniferous tree measuring 12 feet or more in height.
Site Plan. A plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings, structures,
uses, and principal site development features proposed for a specific parcel of land.
Special Event. A fundraiser, festival, bazaar, tournament, or similar event
sponsored by civic organization, nonprofit organization, governmental entity, or semi-
public organization.
(Ord. Amd. 110-03, publ 8/21/10)
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 20%, as measured over horizontal distances of 50 feet or more, that are not
bluffs.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above; or if there is not a floor above, the space between the
floor and the ceiling next above. A basement shall not be counted as a story.
Street. A public or private thoroughfare with a minimum right-of-way width of 24 feet
which is used, or intended to be used, for passage or travel by motor vehicles. Streets
are further classified in the Comprehensive Plan by the functions they perform.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p26
Local Street. Roadways typically having lowest traffic volumes, containing
one lane of traffic in each direction whose primary function is to provide access to
and from property.
Minor Collector. Roadways containing 1 lane of traffic in each direction
whose primary function is to provide access to and from neighborhoods and the local
street system.
Major Collector. Roadways containing 1 or 2 lanes of traffic in each direction
with controlled intersections whose function is to serve long trips within the City and
access to and from minor and principal arterials.
Minor Arterials. Interregional roads containing 2 lanes in each direction with
limited access and controlled intersections at other arterials and collector streets.
Minor arterials convey traffic between towns, boroughs, or other urban centers and
are used to reduce the number of trips on the regional system. Efficient movement
is the primary function of a minor arterial road.
Principal Arterials. Limited access interregional arterial routes containing two or
more lanes in each direction. They are designed exclusively for unrestricted
movement, have no private access, and intersect only with selected arterial highways
or major streets by means of interchanges engineered for free-flowing movement.
Structure. Anything constructed or erected, the use of which requires a location on
the ground. Structures include, but are not limited to advertising signs, billboards,
towers and fences greater than 6 feet in height, pavilions, gazebos, pergolas,
trellises, retaining walls greater than 4 feet in height, and swimming pools.
Subdivider. Any individual, firm, association, syndicate, partnership, corporation,
trust or other legal entity that commences or maintains proceedings to subdivide
property under the Subdivision Code.
Subdivision. The division of an area, lot, parcel or tract of land into two (2) or
more parcels, tracts, lots or long-term leasehold interests by any means including,
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p27
but not limited to, preliminary and final plats, CIC plats registered land surveys,
administrative subdivisions and conveyance by metes and bounds.
Surface Water-Oriented Commercial Use. The use of land for commercial
purposes, where access to and use of a surface water feature is an integral part of
the normally conducted business. Marinas, resorts, and restaurants with transient
docking facilities are examples of such use.
Townhouse: A single family attached unit in a structure consisting of two or
more dwelling units having one or more walls abutting with another dwelling and
designed to have all exits open directly to the outside.
Tree. A self-supporting woody perennial plant having one or several self-supporting
stems or trunks and numerous branches which normally attains an overall height of
at least 15 feet at maturity. Trees may be classified as deciduous or evergreen.
Tree, Ornamental. A self-supporting woody plant or species normally growing to a
mature height of between 15 and 30 feet and a mature spread of at least 15 feet.
Tree Canopy. The horizontal extension of a tree's branches in all directions from its
trunk.
Undue Hardship. Undue hardship is a condition resulting when reasonable use
cannot be made of a property if used under conditions allowed by the official control,
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 essential character of
the locality. Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the Ordinance.
Usable Open Space. A required ground area or terrace on a lot which is graded,
developed, landscaped and equipped and intended and maintained for either active
or passive recreation or both, available and accessible to and usable by all person
occupying a dwelling unit or a rooming unit on the lot and their guests. Usable open
space has a minimum dimension of 30 feet. Roofs, driveways and parking areas do
not constitute usable open space.
Use. The purpose or activity for which a premises is designed, arranged, or intended
for which it is or may be occupied or maintained. The term includes permitted uses,
uses permitted with conditions, accessory uses, temporary uses, and uses approved
under the conditional use and planned unit development process.
Use Districts. A specifically delineated area or district within the City in which
uniform regulations and requirements govern the use, placement, spacing and size
of land and buildings.
Uses, Nonconforming. Any building or land lawfully occupied by a use at the time
of the passage of this Ordinance or of amendments thereof which does not conform
after the passage of this Ordinance or an amendment thereto with the use regulations
of the district in which it is located. Also see "Nonconforming".
Uses, Temporary. A use established for a duration of 6 months or less with the
intent to discontinue the use upon the expiration of the time period.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p28
Variance. The modification of an Ordinance requirement as it applies to specific
property or buildings.
Vegetation, Native. Any plant species with a geographic distribution indigenous to
all or part of the State of Minnesota. Plant species which have been introduced by
man are not native vegetation.
Vehicle, Commercial Motor. A motor vehicle greater than eight feet (8') in height
or greater than twenty-two feet (22') in length, including, but not limited to:
ambulances, boom trucks, box trucks, cargo trucks, dump trucks, farm
implements, fire trucks, food trucks, hearses, limousines, semitractor and/or
semitractor trailers, stake trucks, tank trucks and tow trucks.
Vehicle, Motor. (also referred to as vehicle) A machine propelled by power other
than human power designed to travel along the ground by use of wheels, treads,
runners or slides and transport persons or property or pull machinery and shall
include, without limitation, automobiles, motorcycles, and trucks. Motor Vehicle
does not include any item defined as recreational equipment in the City Code or
electric personal assistive mobility devices.
Wall, Retaining. A wall or terraced combination of walls used to provide barrier or
restrain lateral forces of soil or other material and not used to support, provide a
foundation for, or provide a wall for a building or structure.
Watercraft Canopy: A structure or device no larger than 240 square feet in area with
a fabric covered roof that extends no more than 12” below the roof line and without
walls or a floor that is attached to or an integral part of the boat lift and/or track system,
and is designed to shelter watercraft.
Water-Oriented Accessory Structure. A building of 120 square feet or less located
on lakeshore lots, 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. Examples of such
structures include structures used to store boating accessories and equipment,
gazebos, pergolas, trellises, pavilions, and screen houses.
Wetland. An area that is inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support, and that, under normal circumstances,
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophilic vegetation.
Yard. A required open space on a lot, which is unoccupied and unobstructed by a
structure from its lowest ground level to the sky except as expressly permitted in this
Ordinance. The yard shall extend along a lot line and at right angles to the lot line to
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City of Prior Lake
June 1, 2009 1101/p29
a depth or width specified in the yard regulations for the district in which the lot is
located.
Yard, Front. An area which extends along the full width of the front lot line between
side lot lines and toward the rear lot line a distance as specified in the required yard
regulations for the district in which such lot is located. For lakeshore property, the
front yard shall be considered that part of the lot located between the road
and the nearest parallel line drawn across the front of the principal building or the
minimum front yard setback.
Yard, Rear. An area which extends along the full width of the rear lot line between
the side lot lines and toward the front lot line a distance as specified in the required
yard regulations for the district in which the lot is located. Where the lot is a corner
lot, the rear yard shall be the area between the interior side lot line and the side yard
abutting a street extending toward the front yard a distance as specified in the
required yard regulations for the district in which the lot is located.
Yard Sale. A sale of assorted secondhand objects, conducted by the property owner
or occupant on their premises for a short period of time. Yard sales, also known as
garage sales, rummage sales, or estate sales, are not the primary use of the property
or the primary occupation of the property owner or occupant.
Yard, Side. An area extending along a side lot line between front and rear yards
having a width as specified in the required yard regulations for the district in which
the lot is located.
Yard, Side Abutting a Street. A yard adjacent to a street which extends along a
side lot line between the front yard and rear property line. For the purposes of
determining the required setbacks, a side yard abutting a street is identified as a front
yard in the dimensional standards of the Use District in which the yard is located.
Zoning Administrator. The individual(s) authorized to administer the regulations of
the Zoning Ordinance.
Zoning District. See Use District.
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June 1, 2009 1101/p30
Zoning Map. The map or maps which are a part of this Ordinance and delineate the
boundaries of the Use Districts.
(Ord. Amd. 117-15, publ. 09/16/2017)
(Ord. Amd. 118-05, publ. 05/12/2018)
1101.500: GENERAL PROVISIONS. The intent of this subsection is to provide a set of
regulations applicable to all Zoning Use Districts. The specific requirements for each
Zoning Use District are listed in subsections 1102.100 through 1102.1600. The
General Provisions are listed for the following:
➢ Lot Provisions
➢ Required Yards/Open Space
➢ Yard Encroachments
➢ Fences
➢ No Sewer and Water
➢ Traffic Visibility
➢ Pedestrian Access
➢ Height Limitation
➢ Grading, Filling, Land Reclamation and Excavation
➢ Temporary Uses
1101.501 Lot Provisions. Unless permitted by this Section:
(1) A lot which does not conform with the lot area or lot width requirements of the Use
District in which the lot is located shall not be a buildable lot unless the lot already
contains an occupiable structure.
(2) A structure on a lot which does not meet the area or width requirement of this
Ordinance shall not be expanded or enlarged unless the lot is combined with one or
more abutting lots or parcels of land to create a lot meeting the requirements of this
Ordinance.
(3) Lots of record - Buildable:
a. A lot of record June 1, 2009 in the "R-1"or "R-2" Use District, which does not
meet either the area or the width requirements of this Ordinance may be utilized for
single family detached dwelling purposes if the dimensions of its area and width are
at least 66 2/3% of the requirements of this Ordinance.
b. Any single family detached dwelling unit which exists on June 1, 2009, the
effective date of this ordinance, on any nonconforming lot located in the R-1 or R-2
Use District which is later destroyed by fire or other natural disaster may be rebuilt if
a building permit for reconstruction is issued within 365 days of its destruction and if
it otherwise conforms with the provisions of this Ordinance. This provision allows a
structure to be rebuilt as long as it meets setback, lot coverage, impervious surface
and other applicable provisions. If the structure does not meet these standards, a
variance will be required.
c. If 2 or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of or subsequent to the passage
or amendment of this Ordinance, and if all or part of the lots do not meet the
requirements established for lot area and lot width, the lands involved shall be
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June 1, 2009 1101/p31
considered to be an individual parcel for the purpose of this Ordinance, and no portion
of said parcel shall be used or sold in a manner which diminishes compliance with lot
area or lot width requirements established by the Ordinance, nor shall any division of
any parcel be made which creates a lot with area or width below the requirements of
this Ordinance. If necessary to assure compliance with other provisions of this
Ordinance, the lots shall be combined.
d. Two or more nonconforming lots of record under single ownership separated
by a private road or driveway may be combined and used as a single buildable lot
under the following circumstances:
➢ The property owner must apply to the City for approval of a lot
combination.
➢ The property owner must file a deed restriction or covenants with the Scott
County Recorder in a form acceptable to the City Attorney. This deed
restriction or covenant must include provisions that restrict the
resubdivision of the lot.
➢ There must be an existing principal structure on one lot.
➢ The location of the principal structure on the lot must preclude the ability
to construct a legal accessory structure on that lot.
➢ Any structures on the combined lots must meet the minimum setbacks of
the Use District in which it is located.
➢ In those cases where a detached accessory structure is to be located on
the portion of the lot which is separated from the principal structure by the
private road or driveway and there are existing residential structures
adjacent to or in close proximity to the proposed structure, the Planning
Commission shall hold a public hearing on the request upon receipt of an
application and following the notice requirements for a variance pursuant
to Subsection 1108.404 of the City Code. In evaluating the application,
the Planning Commission shall not apply the hardship criteria for
variances. The Planning Commission review shall determine whether the
design and location of the detached accessory structure is compatible
with the surrounding properties in terms of architecture, buildings
materials and placement on the lot.
(Ord. Amd. 117-16, publ. 09/16/2017)
(4) Principal buildings. There shall be no more than 1 principal building on any lot
except as permitted by Conditional Use Permit or as provided under Subsection
1106.100 through 1106.600.
(5) If a lot containing an existing two-family dwelling is subdivided into 2 lots, the
minimum lot area, lot width and side yard requirements may be waived subject to the
following conditions:
➢ A common wall shared by the 2 dwellings is located in its entirety on the
boundary line separating the 2 lots;
➢ The common wall meets the standards of the Building Code for owner-
occupied units and any other applicable codes adopted or enforced by the
City;
➢ A covenant or other agreement is approved by the City Attorney and filed with
the Scott County Recorder; and
➢ Each of the 2 dwellings is served separately by public utilities, none of which
are shared.
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June 1, 2009 1101/p32
1101.502 Required Yards/Open Space.
(1) The area of a yard, bufferyard, or other open space shall not be reduced below the
minimum size required by this Ordinance.
(2) If the existing yard is less than the minimum size required by this Ordinance, it shall
not be further reduced in size.
(3) If the existing bufferyard or other open space is less than the minimum size required
by this Ordinance, it shall not be reduced in size.
(4) No yard or open space which is required by this Ordinance for any structure shall be
included as a part of any yard or open space which is required by this Ordinance for
another structure, except as provided in Subsection 1107.2000.
(5) Usable open space which is required by this Ordinance shall contain improvements
such as outdoor swimming pools, patio areas, game areas, landscaped and grassy
areas which contain benches, sculpture gardens, pedestrian paths and trails, or
similar outdoor fixtures or features. Roofs, driveways, and parking areas shall not
constitute usable open space. The minimum dimension of usable open space shall
be 30 feet.
(6) On a through lot, both street lines shall be front lot lines for the purpose of applying
this Ordinance.
(7) Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards
of not less than 5 feet if the following criteria are met:
➢ The sum of the side yards on the nonconforming lot is at least 15 feet.
➢ No yard encroachments, as permitted in Subsection 1101.503, are located
within 5 feet of an adjoining lot.
➢ A minimum separation of 15 feet is maintained between all structures on the
nonconforming lot and on the adjoining lot.
(8) Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards
of not less than 5 feet for a side yard which directly abuts an outlot area designated
for public drainage and/or utility lines if the following criteria are met:
➢ No fences, walls, accessory structures, or overhangs are allowed within the
outlot area.
(Ord. Amend. 114-01, publ. 1/18/14)
1101.503 Yard Encroachments. The following shall not be deemed encroachments on yard
requirements unless located less than 5 feet from a lot line, within a drainage and utility
easement, or in violation of regulations below or elsewhere in the City Code.
(1) All yards:
a. Appurtenances associated with a principal structure such as eaves, gutters,
basement egress windows, balconies, bay windows (at least 18” above the
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June 1, 2009 1101/p33
corresponding floor level), fireplace bump-outs, and platforms meeting the
definition in Subsection 1101.400.
b. Yard lights and nameplate signs for one and two family dwellings in the R-1, R-
2, and R-3 Districts.
c. Floodlights or other sources of light illuminating authorized illuminated signs,
parking areas, loading areas, or yards for safety and security purposes all of
which must meet the regulations of Subsection 1107.1800.
d. Flag poles, bird baths and other ornamental features detached from the principal
building.
e. Canopies no more than 12 feet wide are permitted in the "R-3", "C-1", "C-2", "C-
3" and "I-1" Districts if they are open at the sides, comply with provisions of
Subsection 1101.506 and provide 14 feet of clearance if located over any access
roadway or fire lane.
(2) Front yards:
a. Awnings and door hoods which extend 5 feet or less into the required front yard.
b. A vestibule which extends 5 feet or less into the required front yard under the
following conditions:
➢ The vestibule shall be designed, constructed and attached to the principal
structure in compliance with the building code.
➢ The vestibule shall be constructed of materials compatible with those of the
principal structure which meet the requirements of Subsection 1107.2200.
➢ The vestibule area, measured from the outside of the outside walls shall not
exceed 30 square feet.
c. Heating, ventilating and air conditioning equipment which extends less than 6 feet
from the principal structure, is not more than 36 inches in height, and is screened
from view.
(3) Side yards, including side yards abutting streets:
a. Eaves which extend no more than 6 inches into the required yard, and gutters
which extend no more than 12 inches into the required yard,
b. Heating, ventilating and air conditioning equipment.
c. Recreational equipment meeting the requirements of Subsection 1102.700 of the
City Code.
(4) Rear yards:
a. Heating, ventilating and air conditioning equipment, compost bins, firewood
storage, play structures, outdoor fireplaces and fire pits.
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b. Recreational equipment meeting the requirements of Subsection 1102.700 of the
City Code.
(5) New decks may not encroach into required yards. Decks not meeting the required
setbacks may be replaced if the following criteria are met:
➢ The deck existed on the date the structure setbacks were established;
➢ The replacement deck is in the same size, configuration, location and
elevation as the deck in existence at the time the structure setbacks were
established;
➢ The deck is constructed primarily of wood and is not roofed or screened; and
➢ The existing deck is not located within an easement, right-of-way, or over a
property line.
(6) Items not listed in Subsection 1101.503 (1)-(8) that may be similar are subject to
approval by the Zoning Administrator according to Subsection 1101.304 of this
Ordinance. The provisions of Subsection 1101.503 (1)-(4) shall not apply to the
lakeshore or bluff setbacks required in Section 1104 of the Zoning Ordinance.
(7) Accessory structures are further regulated in Subsection 1102.700(8) of this
Ordinance. (Ord. Amend. 116-08, publ. 04/30/16)
1101.504 Fences and Walls. Fences and walls are subject to the provisions in this subsection.
For the purposes of this subsection, the “height” of a fence or wall shall be measured
from the ground level to the top of the fence or wall section; if a fence or wall has
variable heights the average height of the fence or wall shall be the fence or wall
“height”.
(1) Permit Required. A permit shall be obtained prior to the installation of any fence or
wall as follows:
a. A zoning permit shall be obtained prior to the installation of a fence or wall less
than seven (7) feet in height. A site plan showing the location of the fence in
relation to the property lines and structures shall be submitted with the permit
application.
b. A building permit shall be obtained prior to the installation of a fence or wall seven
(7) feet in height or more. A fence or wall seven (7) feet in height or more shall
be considered a structure and shall meet all Minnesota State Building Code
requirements for a structure.
c. Applications shall be on a form furnished by the City and shall be submitted to
the Zoning Administrator or his/her designee.
d. The Zoning Administrator or his/her designee shall review the application for
compliance with this subsection and for the effect of the fence or wall on the public
health, safety and welfare. The Zoning Administrator or his/her designee shall
either (i) issue the permit; or (ii) deny the permit, informing the applicant in writing
of the reasons for denial.
(Ord. Amd. 117-16, publ. 09/16/2017)
(2) All Fences and Walls. All fences and walls shall comply with the following
requirements:
a. Fence posts may extend no more than eight (8) inches above the height limit of
a fence.
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b. Barbed wire and other materials that are deemed by the City to be dangerous or
hazardous, including electric fences or razor wire, are not allowed except in
Agricultural Use Districts if the fence is used to fence livestock.
c. Temporary snow fences including accompanying posts and supports shall be
permitted in any yard only from November 1st to April 1st.
d. No fence or wall shall be permitted which is not in compliance with Subsection
1101.506.
e. No fence or wall shall be constructed above a height of 30 inches within any sight
area abutting any driveway, which area is described as follows: Side 1 which
begins at the point of intersection of the existing curb line of the street (or
pavement edge if no curb) and the driveway and extends 25 feet along the edge
of the street away from the driveway; Side 2 which begins at the point of
intersection of the existing curb line of the street (or pavement edge if no curb)
and the driveway and extends 25 feet along the length of the driveway; and Side
3 connecting the end points of the two sides described above. (see example
below)
f. The finished side of the fence or wall (having no structural supports) must face to
the outside (away from the property being fenced) toward abutting property or
street right of way.
g. A fence or wall greater than six (6) feet in height which is located in any side yard,
rear yard or side yard abutting street shall have a minimum 90 percent opacity,
leaving a maximum of ten (10) percent open for the passage of air and light. A
fence or wall located in a front yard shall have a maximum 50 percent opacity,
leaving a minimum of 50 percent open for the passage of air and light.
h. Fences and walls, including footings, shall be located entirely upon the private
property for which the zoning permit or building permit has been issued. All
fences and walls shall maintain a one (1) foot setback from trails and sidewalks.
i. No fence or wall may be located in any public right of way or public easement
except by written permission of the City Engineer. Fences or walls within
easements shall not be located above underground utilities and shall not impede
the flow of water. If a fence or wall is located in a public easement or public right
of way the fence or wall may be removed and disposed of by the City at the
expense of the property owner.
j. Every fence and wall shall be constructed in a substantial, workmanlike manner
and of substantial material reasonably suited for the purpose for which the fence
or wall is proposed to be used. All fences and walls are to be maintained in good
condition and in a vertical position, and any missing or deteriorated wood slats,
pickets, other fencing material, or structural elements shall be replaced in a timely
Street
Lot Driveway Side 1-25 feet
Side 2-25 feet
Side 3
Lot
House House Driveway
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City of Prior Lake
June 1, 2009 1101/p36
manner with the same quality of material and workmanship so as not to be
unsightly or present harmful health or safety conditions.
k. On a corner lot or a through lot, which have two or more “front yards”, the Zoning
Administrator or his/her designee shall designate the front yard, side yard, rear
yard and side yard abutting a street, as may be appropriate, for purposes of
application of this subsection to the installation of a fence or wall. In making this
determination, the Zoning Administrator or his/her designee may, but is not
required, to consider the alignment of an attached garage and/or the alignment
of the main entrance of the principal structure.
(3) Fences and Walls in Agricultural (“A”), Residential (“R“) and Transitional Town
Center (TC-T) Use Districts. In addition to the requirements of Subsection
1101.504 (2), all fences and walls within agricultural, residential and transitional
town center use districts shall comply with the following requirements:
a. A fence or wall located in any side yard, rear yard or side yard abutting a street
shall not exceed six (6) feet in height except as follows:
➢ A fence or wall, not exceeding eight (8) feet in height, is allowed if
placed in any side yard, rear yard or side yard abutting a street which
abuts a principal or minor arterial road.
➢ A fence or wall, not exceeding eight (8) feet in height, is allowed if
placed in any side yard or rear yard which separates a commercial or
industrial use from a residential use or from a school, church or public
building.
b. A fence or wall not exceeding four (4) feet in height may be located in a front yard.
Fences in the front yard shall be limited to decorative fences, such as picket
fences, split rail fences and decorative iron fences. Chain link fences are not
permitted in the front yard.
c. A fence or wall exceeding four (4) feet in height shall be located behind the front
corner of the principal building. In the event a detached accessory structure is
located in front of the principal building, a fence or wall exceeding four (4) feet in
height may be located behind the rear corner of the detached accessory
structure.
d. Chain link fences shall only be permitted in a side yard, rear yard and side yard
abutting a street and shall not exceed six (6) feet in height. All chain link fences
must have a top rail and vertical posts must be spaced at intervals not to exceed
ten (10) feet.
e. Residential swimming pool fencing shall comply with Section 403 of the Prior
Lake City Code.
f. Where a fence or wall is used as part of an animal kennel or run, it may not
exceed six (6) feet in height, it may not be located in any side yard, front yard or
side yard abutting a street and it shall be located at least ten (10) feet from any
lot line.
g. Barbed wire and electric fences shall be permitted in the Agricultural Use District
if the fence is used to fence livestock.
(4) Fences and Walls in Commercial/Business (“C”) and Industrial Use Districts (“I”).
In addition to the requirements of Subsection 1101.504 (2), all fences and walls within
commercial/business and industrial use districts shall comply with the following
requirements:
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a. A fence or wall located in any side yard, rear yard or side yard abutting a street
shall not exceed eight (8) feet in height except as follows:
➢ A fence or wall, not exceeding ten (10) feet in height, is allowed if
placed in any side yard, rear yard or side yard abutting a street which
abuts a principal or minor arterial road.
b. A fence or wall, not exceeding six (6) feet in height, may be located in a front yard.
c. Chain link fences within “C” Use Districts shall be coated with vinyl and shall not
include vinyl, plastic or metal slats within the fence.
d. Chain link fences within “I” Use Districts shall be coated with vinyl and may
include vinyl, plastic or metal slats within the fence; including in the front yard.
e. All chain link fences in “C” and “I” Use Districts must have a top rail and vertical
posts must be spaced at intervals not to exceed ten (10) feet.
(5) Fences and Walls in Town Center Use District (“TC”). In addition to the requirements
of Subsection 1101.504 (2), all fences and walls within town center use district shall
comply with the following requirements:
a. A fence or wall located in any side yard, rear yard or side yard abutting a street shall not
exceed six (6) feet in height.
b. A fence or wall not exceeding four (4) feet in height may be located in a front yard. Fences
in the front yard shall be limited to decorative fences, such as picket fences, split rail fences
and decorative iron fences.
c. Chain link fences are not permitted.
“(Ord. Amd. 115-24, publ. 11/07/15)
1101.505 No Sewer and Water. All developments and structures intended for human use or
occupancy shall be connected to the public water supply and sanitary sewer systems.
If a development is proposed for a site which does not have either a public water
supply or sanitary sewer system available adjacent to the property proposed to be
developed, no building permit shall be issued for such development until adequate
provisions have been made by the person proposing the development to provide a
public water supply and sanitary sewer service to the property. The City shall
determine what constitutes adequate water and sewer service. The City may also
require cash or an irrevocable Letter of Credit be provided to the City in an amount
equal to 125% of the estimated costs of extending public water and sanitary sewer
facilities to the subject property.
No Certificate of Occupancy shall be issued until the new structure or development
is connected to the public water supply and sanitary sewer system.
Properties located outside the Metropolitan Urban Service Area on the
Comprehensive Plan and zoned Agricultural or R-S, and properties located on one
of the islands in Prior Lake, are exempt from this subsection. In these cases, the
developer, property owner and/or builder must receive approval for an individual
septic treatment system from the County and approval of a private well from the State
Health Department. No Certificate of Occupancy shall be issued until these systems
have been inspected and approved.
1101.506 Traffic Visibility. No walls, fences, structures, trees, shrubs, vegetation or other
obstructions shall be permitted in any yard when it poses a danger to traffic by
obscuring the view from any street, roadway, or alley; except as provided below.
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June 1, 2009 1101/p38
(1) Visibility from any street or roadway shall be unobstructed above the height of 2 1/2
feet and below 5 feet within the triangle described as beginning from a point at the
intersection of the extension of the existing curb lines of the two streets, and
extending a distance of 50 feet along the edge of each street. This defines two sides
of the triangle. The third side is a line connecting the end points of the two sides
described above.
(2) Visibility from the intersection of any street or roadway and an alley shall be
unobstructed above the height of 2 1/2 feet and below 5 feet within the triangle
described as beginning from a point at the intersection of the extension of the existing
curb lines or pavement edges or if unpaved, the edge of the traveled surface, of the
street and alley, and extending a distance of 15 feet along the edge of each street.
This defines two sides of the triangle. The third side is a line connecting the end
points of the sides described above.
(3) Visibility from the intersection of any two alleys shall be unobstructed above the
height of 2 1/2 feet and below 5 feet within the triangle described as beginning from
a point at the intersection of the extension of the existing curb lines or pavement
edges of the two alleys, and extending a distance of 10 feet along the edge of each
alley. This defines two sides of the triangle. The third side is a line connecting the
end points of the two sides described above.
1101.507 Pedestrian Access.
(1) Purpose and Effect. A goal of the Comprehensive Plan is to encourage
transportation facilities which adequately consider pedestrian, bicycles and other
non-motorized transportation needs. In order to implement this goal, pedestrian links
need to be incorporated into development.
(2) Required Linkage to Trails. All new residential developments having more than 6
dwelling units and all new non-residential developments shall have pedestrian and
bicycle access to public sidewalks or trails which are existing or identified as
proposed by the Comprehensive Plan, unless there are practical difficulties in
providing such a connection which would impose a hardship on the proposed
development. Practical difficulties may include, but are not limited to steep slopes,
wetlands and lakes.
1101.508 Height Limitations.
(1) Height limitations set forth elsewhere in this Ordinance shall be increased by 50%
when applied to the following structures:
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June 1, 2009 1101/p39
➢ Art Objects
➢ Belfries
➢ Chimneys
➢ Spires
➢ Cooling towers
➢ Cupolas and domes which do not contain usable space
➢ Elevator penthouses
➢ Fire and hose towers
➢ Flag poles
➢ Monuments
➢ Observation towers
➢ Smokestacks
(2) Parapet walls shall not extend more than 3 feet above the limiting height of the building.
(3) Water Towers are exempt from height limitations.
1101.509 Grading, Filling, Land Reclamation, Excavation.
(1) No grading, filling, land reclamation or excavation shall be permitted without a grading
permit approved by the City Engineer.
(2) Filling and Land Reclamation. Land reclamation involving the placement of over
400 cubic yards of fill shall be permitted only by Conditional Use Permit in all districts.
The permit application shall include, but is not limited to:
➢ A site plan which shows the finished grade of the reclaimed land;
➢ A soil analysis of the type of fill material to be used;
➢ The proposed use of the land after fill is placed;
➢ The inventory of the significant trees on the site;
➢ The effect of the proposed reclamation upon the community and the
adjacent land;
➢ The type of equipment to be used;
➢ The period of time the reclamation operation will be conducted;
➢ Plans for implementation of measures to guarantee safety on the site and
on adjacent sites;
➢ Plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area;
➢ Provisions for control of material hauled to or from the site, routes of trucks
moving to and from the site to deposit fill material to the site, and controls
to be employed to limit the effect of wind or other elements on the fill
material.
➢ A plan which shows the routes of trucks moving to and from the site to
remove material from the site;
➢ An inventory of significant trees on the site, and other pertinent
information necessary to the decision whether to approve the Conditional
Use Permit.
The Conditional Use Permit shall impose conditions upon the owner of the land to be
reclaimed, the developer and the person doing the land reclamation work which will
ensure that the type of fill used is appropriate for the proposed land use, and prevent
damage to the community and adjacent land owners during the course of
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reclamation. Those conditions may impose restrictions in all areas affecting the
reclamation and the City may require a Letter of Credit to insure the performance of
the conditions imposed and the completion of the work in the manner described in
the plan and Conditional Use Permit. No permit shall be granted for a period longer
than 12 months.
(3) Excavation. Excavation of a material exceeding 400 cubic yards of sand, gravel, or
other material from the land shall be permitted only by Conditional Use Permit. The
permit application shall include, but is not limited to:
➢ A site plan which shows the finished grade of the land after the excavation
has been completed;
➢ The effect of the proposed excavation upon the community and the
adjacent land;
➢ The type of material to be extracted from the land;
➢ The type of equipment to be used;
➢ The period of time the excavation operation will be conducted;
➢ Plans for implementation of measures to guarantee safety of the site and
the excavation operation;
➢ Plans for rodent and other animal control, fire control, general
maintenance of the site and adjacent area;
➢ Provisions for control of material hauled to or from the site, and controls
to be employed to limit the effect of wind or other elements on the site and
the material extracted from the site.
➢ A plan which shows the routes of trucks moving to and from the site to
remove material from the site;
➢ An inventory of significant trees on the site and other pertinent information
necessary to the decision whether to approve the Conditional Use Permit.
The Conditional Use Permit shall impose conditions upon the owner of the land to be
excavated and the person performing the excavation operation which will prevent
damage to the community and adjacent landowners during the course of the
excavation operation. Those conditions may impose restrictions in all areas affecting
the excavation operation and the City may require a Letter of Credit to insure the
conditions imposed and the completion of the work will be performed in the manner
described in the plan and Conditional Use Permit. No permit shall be granted for a
period longer than 12 months.
(4) Exception. Grading, filling, land reclamation and excavation of more than 400 cubic
yards conducted pursuant to a grading plan approved as part of an approved
preliminary or final plat, building permit or demolition permit shall be exempt from the
provisions of this Subsection.
1101.510 Temporary Uses. The purpose of this Subsection is to provide conditions under which
temporary uses may be allowed in order to insure a minimum negative impact to
neighborhoods and neighboring land uses. A structure or land in any Use District
may be used for one or more of the following temporary uses subject to the conditions
stated in this Ordinance. At a minimum, a zoning permit must be issued for any
temporary use or structure. In certain instances, a building permit may also be
required.
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June 1, 2009 1101/p41
(1) Construction Structures: A temporary building or structure used for office and
equipment storage incidental to an ongoing construction project may be permitted
subject to the following:
a. No construction structure except leasing offices shall be permitted for a period
of time exceeding that necessary to construct the project.
b. No construction structure shall be located within the drip line of any trees
which are designated to be saved under the approved tree preservation plan.
c. Construction structures may be located within required yards; but not within
15 feet of any public right-of-way.
d. No construction structure shall be located within an existing buffer yard.
e. All construction structures must be removed before a final occupancy permit
is issued.
(2) Sales Trailers: A temporary structure within a residential development project for
use as a sales or rental office for the units on the same site may be permitted
subject to the following:
a. The sales trailer shall be removed at build-out of the project or when a model
home is constructed.
b. No structure shall be located within the drip line of any trees which are
designated to be saved under the approved tree preservation plan.
c. Sales trailers may be located within required yards; but not within 15 feet of
any public right-of-way.
d. No structure shall be located within an existing buffer yard
e. A paved parking area must be provided for the sales trailer.
f. Approval of a site plan is required prior to the placement of any sales trailer.
(3) On-Site Equipment and Material Storage:
a. Construction materials shall not be placed on a construction site unless a
valid building permit has been issued for that construction.
b. Construction materials shall not be permitted on site after the completion of
the project.
c. Construction materials may not be located within the drip line of any trees
which are to be saved under the approved tree preservation plan.
d. Construction materials may be located within required yards; but not within
15 feet of any public right-of-way.
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June 1, 2009 1101/p42
e. Any land that will be used to store any equipment or construction materials
stored on site for a period exceeding 120 days shall be screened from view from any
properties within the "R" Use District.
(4) Seasonal Structures:
a. Seasonal structures may be used only for uses permitted within the Use
District.
b. Seasonal structures shall not be permitted for a period of time exceeding 6
months.
c. Seasonal structures shall not be permitted within 15 feet of any public right-
of-way.
d. No significant trees shall be removed for the placement of a seasonal
structure.
e. Any landscaping material which is displaced by the seasonal structure shall
be replaced upon removal of the temporary structure.
f. Seasonal structures shall not be permitted in any required buffer yards.
g. Approval of a site plan is required prior to the placement of any seasonal
structures.
(5) Carnivals, Festivals and Promotional Events:
a. Carnivals, festivals and promotional events, not including outdoor concerts,
shall not be permitted for more than 14 days in any calendar year on any
given site.
b. Carnivals, festivals and promotional events shall be permitted within required
front, side or rear yards; except where prohibited under Subsection 1101.506.
Carnivals, festivals, and promotional events shall not be allowed within the
public right-of-way without a permit issued by the City Manager.
c. Carnivals, festivals and promotional events shall not be permitted within any
required bufferyards.
(6) Temporary Outdoor Sales:
a. Temporary sales shall only be permitted within a “TC”, "C", or "I" Use District.
b. Temporary outdoor sales areas which do not exceed 100 square feet shall
be permitted. However, no merchandise shall be stored outdoors overnight.
c. Temporary outdoor sales areas which exceed 100 square feet shall be
permitted for a period not to exceed 4 consecutive days or a total of 12 days
in any calendar year.
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June 1, 2009 1101/p43
d. Temporary sales shall be allowed only if associated with a permitted retail
business operating within a building on the site in which the same or similar
merchandise if offered for sale.
e. Temporary sales shall be permitted in required front, side, and rear yards
unless prohibited under Subsection 1101.506; however, temporary outdoor
sales shall not be allowed in any required landscaped area or bufferyard or
within the public right-of-way.
(7) Agricultural Commodities:
a. Christmas Tree sales or the sale of other agricultural commodities may be
located within required yards; but not within 15 feet of any public right-of-way
or where prohibited under Subsection 1101.506.
b. Shall be permitted on a parcel for not more than 90 days within any calendar
year.
(Ord. Amd. 110-02, publ. 8/14/10)
c. Shall not be permitted in any bufferyard.
d. Shall not be permitted within a residential use district.
(Ord. Amd. 110-02, publ. 8/14/10)
(8) Pollution Abatement Structures and Equipment:
a. Pollution abatement structures shall be permitted for a period not to exceed
60 months. If the abatement is not completed within 60 months, the period
may be extended by the City provided that a statement is provided to the City
which shows the progress of abatement and an estimate of the length of time
needed to complete the project.
b. Equipment and structures shall not displace required off-street parking.
c. Equipment and structures shall not be located within any required yards;
except where it is demonstrated that no other areas exist on a designated
site.
d. Structures shall meet all of the architectural requirements of Subsection
1107.2200.
e. Any landscape materials which are displaced as a result of the structure or
equipment shall be replaced when the structure is removed.
f. A Letter of Credit shall be filed before the installation of any structure or
equipment building to assure its removal after pollution abatement is
completed and to insure the replacement of displaced landscape materials.
g. All equipment and structures shall be removed and landscape materials
replaced within 6 months after the completion of the pollution abatement.
Pollution abatement shall be considered to be complete when notice has
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June 1, 2009 1101/p44
been received from the Minnesota Pollution Control Agency stating the
abatement has been completed.
1101.600: DISTRICTS ESTABLISHED: All land within the City limits shall be assigned to one of
the following Use Districts:
A Agricultural
R-S Rural Subdivisions
R-1 Low-Density Residential
R-2 Medium-Density Residential
R-3 High-Density Residential
TC Town Center
TC-T Transitional Town Center
C-1 Neighborhood Business
C-2 General Business
C-3 Business Park
I-1 General Industrial
1101.700: ZONING MAP : The boundaries of the above listed Use Districts are shown on the
Zoning Map as may be amended from time to time. The map and all amendments
shall be certified by the Planning Director and maintained in the offices of the City
Planning Department. The map shall be referred to in this Ordinance as the "Zoning
Map" or "map". The map and all of the notations, references and other information
shown on it shall have the same force and effect as if fully set forth in this Ordinance
and are hereby made a part of this Ordinance by reference.
(Ord. Amd. 109-10, publ. 06/20/09) (Ord. Amd. 117-02, publ. 01/28/17)
(Ord. Amd. 112-05, publ. 08/18/12) (Ord. Amd. 117-06, publ. 05/06/17)
(Ord. Amd. 114-08, publ. 04/26/14) (Ord. Amd. 117-10, publ. 05/27/17)
(Ord. Amd. 114-14, publ. 08/16/14) (Ord. Amd. 117-13, publ. 07/15/17)
(Ord. Amd. 115-03, publ. 02/14/15) (Ord. Amd. 118-03, publ. 03/24/18)
(Ord. Amd. 115-07, publ. 07/11/15) (Ord. Amd. 118-06, publ. 05/26/18)
(Ord. Amd. 116-07, publ. 03/28/16) (Ord. Amd. 118-07, publ. 05/26/18)
(Ord. Amd. 116-14, publ. 07/02/16)
(Ord. Amd. 116-28, publ. 12/17/16)
1101.800: BOUNDARIES: Use District boundary lines indicated on the Zoning Map follow lot
lines, the center lines of streets or alleys projected, railroad right-of-way lines, the
center of watercourses, or the corporate limit lines as they exist upon the effective
date of this Ordinance. If Use District boundary lines do not follow any of the above-
described lines, the Use District boundary lines are established as drawn on the
Official Zoning Map. Where a Use District boundary line divides a lot of record which
was in single ownership at the time of enactment of this Ordinance and places
portions of such lot of record in 2 or more Use Districts, any portion of such lot within
50 feet on either side of dividing district boundary line may be used for any use
permitted in either Use District. If the lot shall be wider than the 50 foot limitation, the
Use District line as shown shall prevail.
1101.801 Designation of Annexed Property, Zoning of Land. Land areas which may be added to
the City by annexation, merger, or other means shall be classified as R-1 (Low
Density Residential) on the City Zoning Map upon annexation.
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1101.802 Designation of Annexed Property, Floodway and Flood Plain. Property which is
annexed to the City by any means or process and which is located within a
designated Special Flood Hazard Area inundated by the 100 year flood on the
adopted Flood Insurance Rate Map for Scott County, Minnesota, dated February 19,
1987, and any amendment thereto, shall be designated as FP (Flood District).
1101.803 Designation of Annexed Property, Shoreland District. Property which is annexed to the
City by any means or process and which is located within 1000 feet of the Ordinary
High Water Mark of a lake, pond or flowage, or within 300 feet from a river or stream
shall be designated as Shoreland District.
1101.900: USES NOT LISTED: Any person seeking to establish a use of land or a building
which is not specifically listed in any of the use categories in this Ordinance may ask
the Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use is permitted under
any of the categories in this Ordinance. The Zoning Administrator shall consider
functional similarities between uses listed in the Ordinance and the proposed use
including nuisance characteristics, traffic, appearance and mode and hours of
operation in making this determination. The determination of the Zoning
Administrator shall be in writing and shall include a statement whether the use is
"permitted", "permitted with conditions", "permitted as a conditional use" or "permitted
as an accessory use". If the Zoning Administrator determines that the proposed use
is not permitted under any category, that conclusion shall be stated in the written
determination.
(Ord. Amd. 117-16, publ. 09/16/2017)
1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance
are described in this Subsection. Subsection 1109.102 empowers the Zoning
Administrator to make interpretations identifying which land use category a proposed
land use fits within.
Adult Day Care. Non-medical care and supervision of adults on a regular basis for
periods of less than 24 hours per day in a structure which is not the residence of the
facility operator. Some characteristics of this use are similar to Family Day Care and
Nursing Homes. This use is appropriate in Commercial Use Districts provided there
is accessibility to outdoor areas for sitting and exercise. Persons served by an adult
day care facility are most like nursing home residents or individuals with
developmental disabilities or challenges.
Agriculture. The production of crops, plants or vines, including forestry. The term
also applies to the keeping, grazing or feeding of livestock existing on the effective
date of the Ordinance.
Agricultural Commodities Sales. The temporary display and sale of flowers,
produce and Christmas trees and other greens which are associated with Christmas.
Alternative School. A school which offers a curriculum which is equivalent to but is
a substitute for the curriculum commonly found in more traditional public or private
schools.
(Amd. Ord. 109-11, publ. 7/11/09)
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June 1, 2009 1101/p46
Animal Handling. The sale, boarding, treatment and care of privately owned small
animal pets; may include dogs, cats, fish, reptiles and other mammals but excluding
large animals such as horses, farm animals (including ostriches) or animals raised
for slaughter. Characteristics may include special refuse, storage, noise, odor and
other nuisance characteristics.
Animal Kennel. Any property where 4 or more animals are owned, boarded, bred
or offered for sale.
Appliance, Small Engine and Bicycle Repair. Maintenance and repair of
appliances, small engines, bicycles and similar items. Characteristics include some
outdoor activity and noise.
Auto Body/Painting. The painting, straightening, replacing and/or repairing the
frame and body parts of motor vehicles, usually damaged as result of an accident or
as a result of exposure to the elements; it includes the outdoor storage of damaged
and dismantled vehicles, and may generate odor and noise; this use excludes
junkyards and automobile wrecking yards.
Automatic Car Wash. A structure, or portion thereof, designed to wash automobiles
and light trucks with little or no human intervention. The automatic car wash utilizes
automated equipment and wash cycles are relatively short. An automatic car wash
is typically accessory to other automotive related land uses and may sporadically
cause congestion on its site.
Bank. A building for the deposit, management and lending of money, frequently with
accessory drive-up facility. This use includes banks and savings and loans but not
insurance companies or stock brokerage firms. Characteristics may include high
peak hour traffic on certain days.
Brew pub. An establishment operating as a Brew Pub pursuant to City Code Section
301. (Ord. Amd. 116-12, publ. 06/04/16)
Brewer Taproom. An establishment operating as a Brewer Taproom pursuant to
City Code Section 301. (Ord. Amd. 116-12, publ. 06/04/16)
Boat Slip. An area of water adjacent to a dock or slip structure or within a mooring area which is
used for storage of one watercraft.
(Ord. Amd. 114-12, publ. 06/28/14)
Bed and Breakfast Establishment. A private, owner-occupied residence with guest
rooms where temporary lodging facilities and some meals are provided to paying
lodgers within single family or two family dwellings. The lodging is subordinate and
incidental to the main residential use of the building. Indoor recreational facilities for
the use of the residents and paying lodgers may be included.
Building Construction Structures. A structure used by a contractor or leasing
agent as an office or for storage purposes for a construction project for which a
building permit has been secured and is in effect; this use includes construction
trailers.
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Building Improvement Trades. A building used for the storage of building supplies
and construction equipment and/or office areas dedicated to the conducting of a
business related to the construction, alteration, renovation, or structural change to
a residential or commercial structure. Such uses may include construction,
masonry, HVAC, plumbing or electrical.
Building Material Sales. The sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term does not include
a site with a principal building in excess of 40,000 square feet.
Business/Trade Schools. A school serving adults and sometimes high school age
persons which provides specialized education to develop a skill to prepare for a
specific job. Equipment or processing which simulates an industrial or commercial
work setting may be included.
Business Services. A business primarily engaged in rendering services to business
establishments on a fee or contract basis, such as advertising and mailing, building
maintenance, employment services, management and consulting services,
protective services, equipment rental and leasing, commercial research,
development and testing, photo finishing and personal supply services.
Car Wash. A structure, or portion thereof, containing facilities for washing motor
vehicles by hand or by using production-line, automated or semi-automated methods
for washing, whether or not employing a chain conveyor, blower, steam-cleaning or
similar mechanical device. The use includes Automatic Car Washes.
Carnivals, Festivals and Promotional Events. Tents and stands used for
entertainment, display and sale of food and merchandise, and amusement rides
permitted for a period not exceeding fourteen days.
Club/Lodge. A building operated by an association of persons, primarily not for
profit, where social, education, recreational or dining activities are provided. Services
provided are not customarily carried on as a business and may include dining,
consumption of alcoholic beverages, dancing, legal gambling, and meetings.
Characteristics may include late hours, high parking demand, noise and heavy off-
peak traffic.
Cluster Housing. Dwelling units attached in a single structure, each having a
separate private outdoor entrance. Dwelling units may be located on individual lots
or on a lot in common. Characteristics may include a larger building mass and scale
and larger concentrations of paved surfaces than single family detached dwellings.
Cocktail Room. An establishment operating as a Cocktail Room pursuant to City
Code Section 301. (Ord. Amd. 116-12, publ. 06/04/16)
Commercial Recreation. Includes low-intensity uses that can function without
municipal sewer or water, and usually require a large amount of open space. Such
uses shall be seasonal or temporary in nature.
Community Centers. A building, structure or area which is open to the public and
designed to accommodate and serve significant segments of the community and
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June 1, 2009 1101/p48
which is used for educational, religious, fraternal, social and recreational programs.
This use may include accessory food service and accessory retail shops.
Contractors Yard. Any land used primarily for the storage of equipment, vehicles,
machinery (new or used), building materials, paints, pipe or electrical components
used by the owner or occupant of the property in the conduct of any building trade
or craft.
Controlled Access Lot. A riparian parcel of land used as a Mooring Facility for non-
riparian lot owners with access to public waters.
(Ord. Amd. 114-12, publ. 6/28/14)
Convention and Exhibition Center. A building providing meeting rooms for the
assembly of persons and the display of products and information. This use may
include accessory food service or banquet kitchen facilities. Characteristics include
heavy parking and loading area requirements and large scale buildings.
Copy Shop. A building in which retail oriented graphic and photographic
reproductive services are conducted. These services may include the collating and
binding of booklets and reports. This does not include industrial operations where
printing is of a commercial nature.
Country Club. A golf course and associated clubhouse which may contain in
addition to locker and shower rooms, dining and bar facilities, meeting rooms and
other spaces for large social functions. Typically open only to members and
characteristics may include significant trip generation on evenings and weekends.
Docks, Personal. The mooring of six or fewer watercraft allowed for personal use
by the owners and/or tenants of low density residential riparian lots, as further guided
by the Policy Guiding the Placement of Personal Docks in the City of Prior Lake.
(Ord. Amd. 114-12, publ. 6/28/14)
Data Center. A facility used primarily for the storage, management, processing and
transmission of digital data, which houses computer and/or network equipment,
systems, servers, appliances, and other associated components related to digital
data operations. Such facility may also include air handlers, power generators, water
cooling and storage facilities, utility substations, and other associated utility
infrastructure to support sustained operations at a data center.
(Ord. Amd. 115-02, publ. 01/17/15)
Dedicated Waterfront. A Dedicated Waterfront is a parcel of land which has all of
the following elements: (i) the parcel of land is used as a Mooring Facility for access
to public waters for non-riparian lot owners; (ii) the source of the right to access public
waters is by virtue of a grant or dedication on a plat; and (iii) the lots with the right to
access public waters are not subject to recorded homeowners’ association
documents. Only those parcels that exist in this manner as of January 1, 2016 shall
qualify as Dedicated Waterfront.
(Ord. Amd. 116-05, publ. 04/02/16)
Dry Cleaning, Laundering with Route Pick-up and Delivery. A building where
clothing, diapers or other fabrics are cleaned by dry cleaning or laundering processes
on site. Materials to be cleaned may be brought to the site either by delivery trucks
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June 1, 2009 1101/p49
operated as part of the business or by customers who drop off and pick up their own
materials to be cleaned. The use may include the storage of delivery vehicles on the
site.
Elderly Housing. A building intended and operated for occupancy by at least one
person 55 years of age or older per unit, provided that (a) at least 80 percent of the
units are occupied by at least one person 55 years of age or older per unit; and (b)
there is publication of, and adherence to, policies and procedures that demonstrate
an intent by the owner or manager to provide housing for persons 55 years of age or
older.
Education/Academic. Public - Neighborhood or district based education services
normally provided to children and teenagers; the use may include evening or off-hour
service to adults in the community. This use generally includes an accessory food
service and some retail facilities to serve students and faculty. Private - Community
or regional based education service normally provided to children and teenagers;
facilities similar to public education facilities above except privately owned and/or
operated.
Exclusive Liquor Store. An establishment operating as an Exclusive Liquor Store
pursuant to City Code Section 301. (Ord. Amd. 116-12, publ. 06/04/16)
Family Day Care. A building that provides care, protection and supervision of
children in a private residence for periods of less than 24 hours per day for a fee. The
size of the outdoor play area, the maximum number of children who may be served,
and the number and qualifications of required outside teachers or helpers are set
forth in Minnesota State Statutes which may be amended from time to time. This use
may be licensed by other agencies. It generates about 4 vehicle trips per child per
day.
Food Service. The sale of food and beverages which are prepared and served in
individual portions in a ready to consume state for consumption off-site; includes
seating for not more than 10 persons. Characteristics may include truck and vehicle
traffic, cooking odors and refuse. The preferred location is on major thoroughfares
with no access to local residential streets. This use is often found in conjunction with
motor fuel stations and grocery stores.
Freight Terminal. Short-term storage and transshipment of materials and the
outdoor storage of trucks and related equipment. Characteristics include high
volumes of large truck traffic.
Funeral Home. A building where funeral services are held and where embalming
and other processes occur in preparation of the deceased for burial; the use may
include the storage of caskets, funeral urns and other related funeral supplies, and
usually provides vehicles to transport the deceased to the place of burial. This use
does not include a crematorium. Characteristics include intermittent periods of high
traffic generation.
Golf Course. Land used for playing golf outdoors which consists of golf holes,
clubhouse facilities which may contain lockers, shower rooms and incidental sale of
golf related items, off-street parking facilities and associated structures for the
maintenance and storage of golf course maintenance vehicles and equipment.
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Group Day Care/Nursery School. A non-residential building where child care,
protection and supervision services are provided for a fee on a regular basis for
periods of less than 24 hours per day. This use requires a large, sensitively located
outdoor play area and it generates about four vehicle trips per child per day.
Group Home - Non-Statutory. Occupancy of a residential structure by persons in
need of specialized protection and resident staff who usually live together as a
housekeeping unit for a limited period of time. This use may include outpatient group
counseling, some supervision, forced detention, treatment for mental illness and
chemical addiction, protective shelter, half-way house, and release programs. The
use may be licensed by the State but licensing is not mandated.
Gun Range, Indoor. A totally enclosed building that is equipped for the practice of
shooting firearms, including archery, where no activity associated with shooting is
conducted outside the building.
Heavy Equipment & Specialized Vehicle Sale, Rental & Service. Buildings and
premises for the sale, rental and servicing of equipment and vehicles of the following
types:
1. Farm and Construction machinery or equipment;
2. Buses and vans designed primarily for the transportation of ten (10) or more
passengers;
3. Motor homes, recreational vehicles, trailers and boats of any size.
Heliport. Property used for the landing, taking off, basing, service, and repair of
helicopters used for transportation purposes. Characteristics include noise and the
outdoor storage of helicopters.
Helistop. Property used for the landing and taking off of helicopters used for
transportation purposes but with no facilities for the service of helicopters.
Characteristics include intermittent periods of noise.
Home Occupations. An occupation, profession, or activity requiring a permit from
the City which provides gainful employment of a resident in a dwelling unit, which is
clearly an incidental and subordinate use to the residential use, and which does not
alter the exterior of the property or affect the residential character of the
neighborhood. Uses that do not qualify as home occupations include, but are not
limited to: auto body painting, motor vehicle sales, motor vehicle service and repair,
retail sales, massage, medical/dental office, animal handling, beauty and barbershop,
warehouse/storage and manufacturing/processing.
Hospital. A building which provides health services primarily for human inpatient
medical or surgical care; including related facilities, such as laboratories, outpatient
departments, training facilities, central service facilities and staff offices.
Characteristics include large institutionally designed buildings, large volumes of
traffic, large parking lots or ramps, 24-hour activity, service vehicles, large quantities
of waste, and emergency vehicles.
Hotel/Motel. Buildings which provide overnight lodging in individual rooms or suites
of rooms, each having a private bathroom, which are rented by day or week; may
include in-room or in-suite kitchens and recreational facilities for use by lodgers.
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June 1, 2009 1101/p51
Restaurants, banquet rooms, arcades, fitness centers and other amenities available
to non-lodgers are considered separate primary uses.
In Vehicle Sales or Service. Sales or service to persons in vehicles; it may include
drive-in, drive-up and drive-through facilities; but does not include motor fuel stations.
Characteristics include high traffic volumes during the typical peak hour traffic period.
Junkyard or Salvage Yard. A place of business that is maintained or operated for
the purpose of storing, keeping, buying, or selling junk.
Library. A building where collections of books and other materials are housed which
is open to the public during regularly scheduled hours which may include weekend
days and evenings. Books and other materials may be available for loan.
Characteristics may include high parking demand and high traffic generation.
Manufacturing/Processing. A building for the production of a physical commodity
or changing the form of a raw ingredient; it may include administrative offices,
warehousing, and limited distribution and outlet sale of a commodity. Characteristics
may include heavy truck traffic, odor and noise of processes and equipment, refuse
storage issues, and the use of toxic and hazardous materials. Concrete plants,
junkyards, slaughter houses, rendering plants, salvage yards, and auto reduction
plants are excluded.
Marina, Commercial. A mooring facility of seven or more restricted watercraft
wherein boat slips are leased and commercial ancillary services common to marinas
are provided, including boat tours.
(Ord. Amd. 114-12, publ. 6/28/14)
Marina, Recreational. A mooring facility of seven or more restricted watercraft
wherein boat slips are leased and commercial ancillary services common to marinas
are not provided.
(Ord. Amd. 114-12, publ. 6/28/14)
Medical/Dental Laboratories. Buildings in which individually produced and made
to order medical and dental prosthetics are created for the specific needs of specific
individuals. Characteristics may include daily deliveries to and from the facilities by
car, van or light truck; minimal heavy truck traffic; no use of outside storage and
occasional visitation of facilities by customers needing specialized attention as to the
make-up and fit of their specific prosthetic.
Medical/Dental Office. A building which provides direct delivery of health related
examination and services or treatment to individuals on an appointment or walk-in
basis; including, but not limited to: counseling, consultation, chiropractic and podiatry.
The use may include a supporting retail component for medicine, health related food,
or other product.
Microdistillery. An establishment operating as a Microdistillery pursuant to City
Code Section 301. (Ord. Amd. 116-12, publ. 06/04/16)
Mooring. Any containment of watercraft that provides a fixed fastening for the craft,
which is located in, on, above, or adjacent to the water.
(Ord. Amd. 114-12, publ. 6/28/14)
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Mooring Facility. Any area intended for the mooring of seven or more watercraft by
docks, mooring buoys, or other means.
(Ord. Amd. 114-12, publ. 6/28/14)
Motor Fuel Stations. A retail building and accompanying facilities which supplies
and dispenses motor fuels directly into a motor vehicle; it also includes the sale of
motor vehicle accessories, such as lubricants, batteries and tires and may also
include the sale of food, beverages, etc. Motor fuels may be self-serve or dispensed
by an attendant. Light maintenance activities to vehicles including engine tune-ups,
lubrication, repairs, and carburetor cleaning may also be conducted. Characteristics
include outdoor activity, high traffic generation and extended hours of operation. This
use excludes heavy automobile repair including, but not limited to, engine overhauls,
automobile painting, and body work.
Motor Vehicle Sales. Display, sale and rental of automobiles, trucks, watercraft and
recreational vehicles; motor vehicle service and repair often occur in conjunction with
this use. Characteristics may include outdoor activity, outdoor sound systems, truck
deliveries, night and weekend operating hours, and test driving on nearby streets.
Motor Vehicle Service and Repair. Repair, lubrication, washing, detailing,
equipment installation, engine overhauls, and other similar uses involving
automobiles, trucks and recreational vehicles. Characteristics may include the
storage of vehicles, truck traffic, and night and weekend operating hours; motor fuel
stations and auto body/painting are excluded.
Multiple-Family Dwelling. More than two dwelling units contained within a single
structure, where each has an entrance off a hallway or balcony in common with at
least one other dwelling unit. Buildings tend to be large in scale and institutional in
appearance. Other characteristics may include high density, large parking lots and
high traffic generation on roads in the area occupied by this use.
Museums/Art Galleries. A building which houses collectibles, collections of
artifacts, paintings or sculptures, which is open to the public during regularly
scheduled hours which may include weekend days and evenings.
Nurseries & Greenhouses. A business primarily engaged in providing services
related to or conducting the retail sale of horticulture and floriculture products. These
businesses typically produce their own stock.
Nursing Home. A health care business licensed by the State that provides lodging
and 24-hour care for medically or physically impaired persons usually on a long term
basis. Nursing home residents generally do not have private apartments or kitchens.
This use includes food service and may include supporting medical and retail
services for the residents.
Office. A building in which the handling of information or the performing of
administrative services is conducted; includes services provided to persons both on-
site and off-site on a walk-in or appointment basis such as counseling or indirect or
non-personal service such as real estate, travel agencies, financial agencies,
insurance offices and professional offices. Excludes hospitals or other medical
facilities; except it may include up to a maximum of 10% of the gross floor area in
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p53
medical or dental offices. Characteristics include high peak period traffic generation
between the hours of 8:00 a.m. to 5:00 p.m.
Office/Warehouse. A building in which the handling of information or the performing
of administrative services is conducted in conjunction with receiving, holding,
shipping and occasional packaging of commodities. Characteristics include high
peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m., high truck
traffic generation and parking demand.
On-Site Equipment Storage. Any structure or outdoor storage area designed for
the on-site storage of construction equipment and materials for an active construction
project.
Outdoor Sales. The display and sale or rental of merchandise or equipment outside
of an enclosed building; may include boat sales, canoe sales, nursery sales, lumber
sales; but it excludes the sale of motor vehicles.
Outdoor Sales - Temporary. The display and sale of merchandise, other than
agricultural commodities, outside of an enclosed building where it is offered in
conjunction with an established use that legally sells the same or similar merchandise
within a building on the same site. Characteristics include the use of tents, trailers,
or other temporary structures.
Outdoor Storage. The receiving, keeping or shipping of goods and materials outside
of an enclosed building where such use occupies an area no larger than 50% of the
floor area of the principal structure. Outdoor activity includes only the unloading,
loading, and keeping of materials; may include storage yards for contractors,
equipment, lumber, landscaping materials, construction materials and shipping
materials and containers. Storage of unlicensed or inoperable vehicles or other
materials typically associated with a junkyard or salvage yard are excluded.
(Ord. Amd. 115-02, publ. 01/17/15)
Outdoor Storage, Class II. The receiving, keeping or shipping of goods and
materials outside of an enclosed building where such use occupies an area larger
than 50% of the floor area of the principal structure. Outdoor activity includes only
the unloading, loading, and keeping of materials; may include storage yards for
contractors, equipment, lumber, landscaping materials, construction materials and
shipping materials and containers. Storage of unlicensed or inoperable vehicles or
other materials typically associated with a junkyard or salvage yard are excluded.
(Ord. Amd. 115-02, publ. 01/17/15)
Parcel Delivery Service/Post Office. A building used for the transshipment of
letters and packages generally less than 100 pounds in weight. Customers may
purchase stamps, money orders, insurance, and other mail services. Hours of
operation are similar to those of offices, but may include Saturdays. Characteristics
include high volumes of truck and automobile traffic and vehicles stored on premises
overnight.
Parking Lots. Surfaced and improved ground surface areas used for the parking of
licensed and operable motor vehicles for periods of less than 24 hours at a time.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p54
Parking Ramp. A structure built for the storage of licensed, operable motor vehicles
for periods of less than 24 hours at a time. Characteristics may include noise, exhaust
fume odor, heavy traffic and large structure mass and footprint.
Parks/Open Space. A structure or area used for passive recreation including, but
not limited to: hiking trails, natural areas, wild life areas, arboretums, open grass
areas and tot lots.
Park/Recreation. A structure or area used for active outdoor recreation activities
such as baseball diamonds, tennis courts, basketball courts, play fields, playgrounds,
outdoor swimming pools, fitness courses and driving ranges.
Personal Use Airport. A restricted airport intended for the personal use of the
owner of the airport and meeting the criteria of Minnesota Rules 8800.2200.
Pole Building. A post frame construction building in which poles or timbers are
inserted into the ground vertically, commonly at 6 to 10 foot intervals with lateral
supports, to form the primary support for the roof system and structure foundation.
(Ord. Amd. 115-02, publ. 01/17/15)
Police/Fire Stations/Ambulance. Police, fire and ambulance related activities,
either public or accredited with local health care facilities, designed to serve the public
health and safety; may include an office component, storage of fire trucks, police cars
and equipment, and the boarding of personnel within an enclosed building.
Characteristics may include sporadic periods of loud noise, sirens, and activity.
Pollution Abatement Equipment. Equipment and structures that are erected or
installed on property for the purpose of eliminating or abating ground or water
pollution.
Printing Process. A commercial or industrial printing operation involving a process
that is considered printing, imprinting, and reproducing images. Methods may include
but are not limited to off-set printing, lithography, web offset, and flexography.
Private Entertainment (Indoor). Any building or establishment operated on a
commercial basis for the purpose of public recreation, entertainment or training, the
use may including but is not limited to, theatres, health or fitness centers, game
rooms, bowling alleys, swimming pools, miniature golf courses, pool halls, ballroom,
bingo, gymnasium, ice or roller skating, baseball, basketball, gymnastics, dance, golf,
soccer, football, tennis, or similar athletic and recreation activities conducted entirely
within an enclosed building. Characteristics may include late operating hours,
outdoor lighting, noise, and traffic.
(Ord. Amd. 115-02, publ. 01/17/15)
Public Service Structure. Buildings which include water towers, utility and public
service related distribution facilities; and waste water and storm drainage structures,
but exclude utility substations. These facilities are normally serviced by small trucks
several times per day and by larger vehicles or equipment on a periodic basis.
Buildings typically have large windowless walls and an institutional appearance.
Recycling Center. An enclosed building for the collection, sorting, temporary
storage, processing and shipment of recyclable materials for reuse in their original
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p55
form or use in manufacturing processes. Recycling facilities may include the
following:
Designated Recycling Center. An enclosed building which has complied with the
permitting rules of the Pollution Control Agency and is open a minimum of 12
operating hours each week, 12 months each year, and accepts for recycling at least
four different materials such as paper, glass, plastic and metal.
Light Processing Recycling Center. A building or enclosed space occupying an
area less than 45,000 square feet and used for the collection and processing of
recyclable materials. Processing does not include end-use manufacturing or
industrial use but may include the preparation of material for efficient shipment or
end-user's specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, and shredding.
Religious Institutions. A building where people gather to relate or manifest faithful
devotion to an acknowledged ultimate reality or deity. This use is characterized by
meeting rooms, education and training, indoor activities, intermittent parking needs,
group singing or chanting and music. The assembly typically meets on weekends or
evenings. The building may be utilized at other times for meetings and other
activities. Accessory uses which frequently accompany the principal use include day
care and park and ride.
Research and Testing Laboratories. Buildings used for carrying on investigation
in natural or physical sciences, or engineering and development as an extension of
investigation with the objective of creating end projects, on a contractual or fee basis.
Restaurants. An establishment whose principal business is the sale of food and
beverages which are prepared and served in individual portions in a ready to
consume state for consumption on site. This use is often found in conjunction with
hotels and food service. It is preferably located on major thoroughfares with no
access to residential streets. Characteristics include late hours of operation, refuse,
high car and truck traffic generation, and cooking odors. A food service or deli is not
considered to be a restaurant if seating is provided for ten or fewer persons. (Ord.
Amd. 116-12, publ. 06/04/16)
Retail. A use where merchandise or equipment is displayed, rented, or sold and
where delivery of merchandise or equipment to the ultimate consumer is made;
includes limited production, repair or processing as an accessory use. Hours of
operation generally begin after a.m. peak traffic period and extend to time ranges
from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores
are open 24 hours per day. Characteristics include high parking demand and high
off-peak traffic generation; prefers high visibility and access to major thoroughfares.
This use includes but is not limited to camera shops, clothing stores, department
stores, grocery stores, video stores, discount stores, jewelry stores, liquor stores,
delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, motor
vehicle sales, and motor fuel stations.
Retail Sales, Limited. The retail sales of goods, wares, or merchandise
manufactured, produced, or assembled on site and the retail sales of related products
or goods which are clearly incidental and subordinate to the goods, wares, or
merchandise manufactured or assembled on site.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p56
Rooming House. A building where lodging is provided for between 3 and 8 persons
and is the primary residence of the owner. Lodging is available on an extended basis
rather than daily or weekly. No provision for cooking is provided in any of the rooms
by lodgers.
Self-Service Storage Facility. A business consisting of a structure or group of
structures containing separate storage spaces leased for the storage of goods,
products, materials or other objects.
Senior Care Facility. A building or buildings intended and operated for occupancy
by at least one person 55 years of age or older per unit, provided that (a) at least 80
percent of the units are occupied by at least one person 55 years of age or older per
unit; and (b) at least 40 percent of the units are designated for supportive and/or
health-related services, including but not limited to, assisted living, memory care and
skilled nursing. A Nursing Home, as defined by Minnesota Statutes, is included in
this definition of Senior Care Facility if (a) and (b) are satisfied.
(Ord. Amend. 114-05, publ. 02/15/14)
Service. On-site service provided directly to an individual; includes, but not limited
to: barber shops, beauty shops, massage parlors, laundromats, shoe repair shops,
and dry cleaners where articles to be cleaned are picked up and delivered by the
patron.
Shopping Center. A group of commercial uses planned, developed and/or
managed as a unit which has common parking facilities and contains a minimum of
50,000 square feet of total floor area. Shopping centers may include more than one
building and more than one contiguous property. Theaters and restaurants with
liquor which locate within shopping centers will be considered separate principal uses
for establishing parking requirements.
Showroom. The display of merchandise and equipment and its sale to a customer
where delivery of purchased merchandise is made directly to the consumer from a
warehouse. Merchandise or equipment which is sold may include, but is not limited
to: furniture, appliances, plumbing fixtures, lighting and carpeting.
Single-Family Dwelling, Attached. A residential structure designed to house a
single-family unit from lowest level to roof, with a private outside entrance, but
sharing a common wall with adjoining dwelling units.
Single-Family Dwelling, Detached. A fully detached residential structure
designed to house a single-family unit from lowest level to roof, sharing no
common walls with adjoining dwelling units.
Small Brewer. An establishment operating as a Small Brewer pursuant to City Code
Section 301. (Ord. Amd. 116-12, publ. 06/04/16)
Stable, Commercial. A structure or land use area used to keep horses for sale or
hire to the public. Breeding, boarding, or training of horses may also be conducted.
The use may also include commercial riding arenas open to the general public.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p57
Stable, Private. An accessory structure or land use that is designed, arranged, used,
or intended to be used for the keeping of horses for the private use of the occupants
of the principal dwelling and their guests, but in no event for hire.
State Licensed Residential Facility. A State licensed residential facility occupied
by persons in need of specialized treatment or protection and resident staff who live
together as a single housekeeping unit, usually for a limited period of time. The use
includes outpatient group counseling, some supervision and treatment programs.
The maximum number of clients served is specified by Minnesota State Statute.
Persons served may include the developmentally disabled or challenged and
severely physically handicapped.
Studio. A building where the practice or study of the visual and audio arts occurs;
may include painting, sculpting, photography, recording, radio and television studios.
This use also includes dance studios and studios for the martial arts. This use does
not include large industrial photography or printing processes.
Temporary Structures. A building other than a “building construction structure”
existing for a period not exceeding six months.
Transportation Facility. Any lot or land area used for the storage or layover of
passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving
vehicles, or similar (typically includes parking, storage of vehicles, and may include
some maintenance). Parking of cars/vans/pickups that are accessory to a primary
use would be exempt from the above definition.
Two-Family Dwelling. Two dwelling units attached in a single structure, each having
a separate outside entrance. Dwelling units may be located on individual lots or on
a lot in common.
Utility Substations. A structure of electrical components to transform high voltage
electricity into lesser voltages to make suitable for distribution to end users. The use
consists of a large structure and numerous power lines which are difficult to screen.
This use has minimal outdoor activity and traffic generation.
Warehouse/Storage/Distribution. A building for receiving, holding, shipping and
occasional packaging of commodities. With the exception of loading and unloading
of commodities, and parking and storage of trailers, all functions are generally within
an enclosed building. Characteristics may include high truck traffic and low parking
demand. This use may include, but is not limited to, conventional warehouse facilities
and joint warehouse and storage facilities.
Waste Hauler. The collection and transporting, delivering and disposing of solid
waste and recyclable materials generated from commercial and residential
premises. For the purpose of this definition, this use does not include the collecting
and transporting, delivering and disposing of Hazardous W aste, as defined in
Minnesota Statute 609.671, as may be amended from time to time.
Watercraft. Any vessel, boat, canoe, raft, barge, sailboard, or any similar device
used or useable for carrying and transporting persons on the public waters.
(Ord. Amd. 114-12, publ. 6/28/14)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p58
Watercraft, Restricted. Watercraft for use on or stored on the public waters except
for unrestricted watercraft as defined in this section.
(Ord. Amd. 114-12, publ. 6/28/14)
Watercraft, Unrestricted. Watercraft for use on or stored on the public waters
which is:
1. 16 feet or less in length and unmotorized; or
2. 16 feet or less in length which uses a motor of 10 horsepower or less; or
3. 20 feet or less in length and unmotorized, and which is propelled solely
by human power.
(Ord. Amd. 114-12, publ. 6/28/14)
Wholesale. The selling of merchandise to retailers, or to industrial, commercial or
professional business customers, or to other wholesalers or on a mail order basis to
individuals or firms, or which serve as agents or brokers buying merchandise for, or
selling merchandise to, individuals and companies.
Wind Generators. A turbine having a large vaned wheel rotated by the wind to
generate activity and extract usable energy from winds.
(Ord. Amd. 112-06, publ. 12/22/12)
1101.1100: REGULATION OF COMPETITION MOTORCYCLES: The unrestricted use of
competition motorcycles creates a disturbance by reason of excessive noise and
dust and interrupts the peaceful enjoyment of property in proximity to the use of
such vehicles. Therefore, these regulations are intended to limit the adverse
consequences of such use while allowing their use under specified conditions.
1101.1101 Definition of Competition Motorcycles: Any motorcycle that is designed and
marketed solely for use in closed course competition events and is subject to the
labeling requirements of 40CFR Volume 16, Parts 190-259, Section 205.158. Each
such motorcycle shall carry a label which reads “This designed for closed course
competition only. It does not conform to U.S. EPA motorcycle noise standards”.
1101.1102 Operation of Competition Motorcycles: No competition motorcycle shall be
operated in the City limits within 1,000 feet of a residential structure or property
zoned R-S, R-1, R-2, or R-3.
(Ord. Amd. 118-13, publ. 08/11/2018)
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p59
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
2
Exhibit A
CITY OF PRIOR LAKE
ORDINANCE NO. 118-13
AN ORDINANCE AMENDING PART 10 (SUBDIVISIONS) AND SECTION 1101 (GENERAL
PROVISIONS) OF THE
PRIOR LAKE CITY CODE
The following is only a summary of Ordinance No. 118-13. The full text will be available for
public inspection after August 11, 2018 by any person during regular office hours at City Hall or
in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Part 10 (Subdivisions) and Section 1101 (general
Provisions) of the Prior Lake City Code to provide consistent regulations and processes
between the Subdivision Code, Zoning Code, and Public Works Design Manual documents.
The amendments will provide efficient application processes through required digital
submissions of application documents and administrative procedures for basic subdivisions.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of August 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 11th day of August 2018.
CITY OF PRIOR LAKE
ORDINANCE NO. 11843
AN ORDINANCE AMENDING
PART 10 (SUBDIVISIONS)
AND SECTION 1101
(GENERAL PROVISIONS)
OF THE
PRIOR LAKE CITY CODE
The following is only a (
summary of Ordinance No. 118-13. 1
The full text will be available for
public inspection after November
6, 2018 by any person during
regular office hours at City Hall q
or in the Document Center on the Affidavit of Publication
City of Prior Lake Website.
SUMMARY: The Ordinance
amends Part 10 (Subdivisions) Southwest Newspapers
and Section 1101 ( generall
Provisions) of the Prior Lake
City Code to provide consistenti State of Minnesota)
regulations and processes ,
between the Subdivision Code, l ) SS .
Zoning Code, and Public Works ,
Design Manual documents, The County of Scott )
amendments willprovide efficient I
application processes through,
required digital submissions '
of application documents and ' Laurie A. Hartmann being duly sworn on oath says that she is the publisher or the authorized agent
administrative procedures for � g y y p g
basic subdivisions. of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
This ordinance shall become Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
effective from and after its
passage and publication. (A) These newspapers have complied with the requirements constituting qualification as a legal
Passed by the City Council of newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
the City of Prior Lake this 6t° day amended.
of August 2018. 7
ATTEST: (B) The printed public notice that is attached to this Affidavit and identified as No. / o�
Frank Boyles published on the date or dates and in the newspaper stated in the attached Notice and said
City Manager was
Kirt Briggs Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
Mayor the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
(Published in the Prior Lake inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
American on Saturday, August and publication of the Notice:
Ils 2018' No.7264)
abcdefghijklmnopgrstuvwxyz
By: _
Laurie A. Hartmann
Subscribed and sworn before me on
thisj ' day of 012018
JYMME JEANNETTE BARK
NOTARY PUBLIC - MINNESOTA
t MY COMMISSION EXPIRES 01131123
N ry blic Fm
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space, .. . $31 .20 per column inch
Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . ... . .. . . . .... ... . . $31 .20 per column inch
Rate actually charged for the above matter... .. . . . . . ... . . . . . . . .. . . . . . . . . ......... . . . . . . . $ 12.97 per column inch