4646 Dakota Street SE Prior Lake, MN 55372

CITY OF PRIOR LAKE ORDINANCE NO. 121-___

AN ORDINANCE AMENDING CHAPTER 11 OF THE PRIOR LAKE CITY CODE RELATING TO ZONING AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS

The City Council of the City of Prior Lake, Minnesota, ordains:

Section 1. City Code Chapter 11, as the Sections are deleted and replaced below, are to be organized as follows:

CHAPTER 11: ZONING

ARTICLE 1 - ADMINISTRATION SEC. 1110 – GENERAL PROVISIONS SEC. 1111 - DEFINITIONS

ARTICLE 2 – ZONING DISTRICTS AND LAND USES SEC. 1120 – DISTRICTS AND MAPS SEC. 1121 – LAND USE TABLE SEC. 1122 – LAND USE DEFINITIONS AND CONDITIONS SEC. 1123 – NONCONFORMITIES SEC. 1124 – ADULT USES SEC. 1125 – COMMUNICATION TOWERS

ARTICLE 3 – OVERLAY DISTRICTS SEC. 1130 – SHORELAND REGULATIONS SEC. 1131 – FLOODPLAINS SEC. 1132 – PLANNED UNIT DEVELOPMENTS

ARTICLE 4 – PERFORMANCE STANDARDS SEC. 1140 – GENERAL PERFORMANCE STANDARDS SEC. 1141 – AGRICULTURAL AND RESIDENTIAL PERFORMANCE STANDARDS SEC. 1142 – COMMERCIAL AND TOWN CENTER PERFORMANCE STANDARDS SEC. 1143 – INDUSTRIAL PERFORMANCE STANDARDS SEC. 1144 – ARCHITECTURAL DESIGN SEC. 1145 – LANDSCAPING, BUFFERYARDS, TREES AND FENCES SEC. 1146 – PARKING, LOADING SPACES AND DRIVEWAYS SEC. 1147 – SIGNS

ARTICLE 5 – PROCEDURES SEC. 1150 – SITE PLAN REVIEW SEC. 1151 – CONDITIONAL AND INTERIM USE PERMITS SEC. 1152 – VARIANCES SEC. 1153 - AMENDMENTS SEC. 1154 - APPEALS SEC. 1155 – ENFORCEMENT, PENALTY AND FEES

ARTICLE 6 – MISCELLANEOUS SEC. 1160 - MOTORCYCLES SEC. 1161 – BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

Section 2. City Code Section 1101 “General Provisions” is deleted in its entirety and replaced with new Sections 1110 “General Provisions”, 1111 “Definitions”, and 1160 “Motorcycles” to read as follows:

SECTION 1110 GENERAL PROVISIONS

SUBSECTIONS

1110.100: Purpose and Intent 1110.200: Overview 1110.300: Interpretation 1110.400: Rules of Construction 1110.500: Public Hearings

1110.100: PURPOSE AND INTENT:

1110.101 Title. This Chapter 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 Chapter as “this Ordinance”).

1110.102 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, and public land and 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 structures and the bulk of structures in relation to the land surrounding them.

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(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.

(8) Maintain a tax base necessary to promote the economic welfare of the City by ensuring 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 the Zoning Code and any future amendments to the Zoning Code and prescribe penalties for the violation of its requirements.

(13) Establish a continuing system of review of the Zoning Code to ensure it will be amended to meet changing needs of the community and advances in science and technology.

1110.103 To implement these findings, the City Council, through this Zoning Code, establishes minimum requirements to protect the public health, safety, morals, comfort, convenience, and general welfare of the people. This Zoning Code shall divide the City into zoning districts and establish regulations which control the location, erection, construction, reconstruction, alteration and use of structures and land.

1110.200: OVERVIEW OF THIS ZONING CODE: This Zoning Code provides for the classification and regulation of uses, land and structures within the City. The classifications and regulations are intended to effectuate the goals and policies of the City's Comprehensive Plan, to ensure 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 Zoning Code.

1110.201 This Zoning Code is divided into various subsections many of which interrelate with other subsections of the Zoning Code. This Section provides for rules governing how the various provisions are to be interpreted and how to reconcile what may appear to be conflicts between subsections.

1110.202 This Zoning Code establishes Zoning Districts and Land Uses, It establishes conditions, performance standards and dimensional standards. It establishes procedures, process and appeals.

1110.203 The City Council shall annually establish by ordinance or resolution fees for land use applications, reviews and processes.

1110.204 The Planning Commission shall serve as the Board of Adjustments and Appeals. Page 3 of 255

1110.205 The Community Development Director shall serve as the Zoning Administrator.

1110.300 Interpretation. The provisions of this Section are intended to establish guidelines to follow in clarifying ambiguities that may arise regarding the meaning of text in the Zoning Code, the interpretation of the Zoning Map, or the application of rules and regulations adopted pursuant to the Zoning Code.

1110.400: RULES OF CONSTRUCTION: The following rules of construction govern the interpretation of the language of the Zoning Code:

(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 words "shall" and “must” are mandatory, and the word "may" is permissive.

(4) Whenever a word or term which is defined in this Zoning Code, whether capitalized or not, its meaning shall be as stated. Words or terms which are not defined in this Zoning Code 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.

1110.401 Timing. Where the Zoning Code sets or describes a period of time, duration or date for (i) the performance or doing of any act, duty, matter, payment or thing is ordered or directed; or (ii) the delivery or filing of an application, payment, drawing, contract or other document; the time shall be computed so as to exclude the first day but include the last day of the prescribed period, duration or date. When the last day of the period or date falls on a Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation and the action shall be timely if it is performed, done, delivered or filed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. All time periods shall be based on total calendar days unless specifically stated otherwise.

1110.402 Effect. This Zoning Code shall be construed, if possible, to give effect to all provisions in this Zoning Code. When the words of this Zoning Code in their application to an existing situation are clear and free from ambiguity, the letter of this Zoning Code shall not be disregarded under the pretext of pursuing the spirit. The Zoning Administrator shall render interpretations of any provision of this Zoning Code or any rule or regulation issued pursuant to the Zoning Code. When the words of this Zoning Code are not clear and free from ambiguity, the following factors may be considered:

➢ The purpose and necessity for the Section or specific provision. ➢ The circumstance under which it was enacted. ➢ The mischief to be remedied. ➢ The object to be attained. ➢ The former Zoning Code. ➢ The consequences of a particular interpretation. Page 4 of 255

➢ Administrative interpretations of this Zoning Code and interpretations by the Board of Adjustments and Appeals and the City Council.

In interpreting this Zoning Code, 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 Zoning Code 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.

1110.403 Grammar. Grammatical errors shall not destroy the application of this Zoning Code. 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 Zoning Code 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.

1110.404 Conflicts. When a general provision of this Zoning Code conflicts with a specific provision in this Zoning Code, 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 specific provisions shall prevail and shall be construed as an exception to the general provision unless the general provision was enacted subsequent to the specific provision. When several clauses are irreconcilable, the clause last in order of date shall prevail.

1110.405 Reference.

(1) Whenever any specific Section is referenced in this Zoning Code, the reference shall include and incorporate any changes, revisions or amendments as may from time to time be enacted. When a Section or provision of this Zoning Code is amended, the amendment shall be construed as merging into the Zoning Code, becoming a part thereof, and replacing the part amended, and the remainder of the original Zoning Code and the amendment shall be read together and viewed as one Zoning Code passed at one time. The portions of the Zoning Code 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.

(2) When this Zoning Code adopts the provisions of State Statute by reference, it also adopts by reference any subsequent amendments of that statute.

(3) If two or more amendments to the same provision of this Zoning Code 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.

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(4) Where a provision of the City Code references another provision of the City Code which is renumbered, the reference shall continue to refer to the amended section as it is renumbered. The referencing provision shall be assumed to have been updated to reference the new numbering.

1110.406 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.

1110.407 Separability. Provisions in this Zoning Code are separable if the following events occur:

(1) If a court of competent jurisdiction finds any provision of this Zoning Code to be invalid, that judgment shall not affect any other provision of this Zoning Code not specifically included in the judgment.

(2) If a court of competent jurisdiction finds the application of any portion of this Zoning Code to a particular land or structure invalid, that judgment shall not affect the application of the provision to any other land 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.

1110.408 Jurisdiction and Authority. This Zoning Code is enacted under the authority granted to the City by the State Legislature in 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 Zoning Code. This Zoning Code governs the use of all land and structures in the City unless such regulation is specifically preempted by State or federal statutes or regulations.

1110.409 Application.

(1) Minimum Requirements. The provisions of this Zoning Code 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 Zoning Code are either more or less restrictive than comparable conditions imposed by any other applicable law, ordinance, rule or statute of any kind, the law, the conditions which are most restrictive or which impose the higher or more restrictive standards or requirements shall control.

1110.410 Mixed Use. All regulations applicable to each use in a mixed use development shall be applicable, unless specifically stated otherwise in the approval.

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1110.411 Measurement. All measured distance expressed in feet shall be to the nearest tenth of a foot. The measurement of distances when required by this Zoning Code 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 Zoning Code, 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.

1110.500: PUBLIC HEARINGS. Public hearings shall be noticed, scheduled, held, and decided pursuant to applicable State statute, City Code and City Bylaws or if no such regulations apply as determined appropriate by the Zoning Administrator. If the public hearing is related to a specific application (CUP, variance, subdivision, vacation, etc.) the decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State statute and City Code and as determined appropriate by the Zoning Administrator.

For applications within the Shoreland and Flood Plain District, a Notice of the decision must be sent to the Commissioner of the Department of Natural Resources within 10 days of the date of the decision.

SECTION 1111 DEFINITIONS

SUBSECTIONS

1111.100: Definitions

1111.100: 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 term is defined more specifically in an applicable Section or unless the context makes such meaning repugnant thereto:

Abutting or Adjoining. Having a common border with, or being separated from such a common border by an alley.

Aisle or Access Aisle. The traveled way by which vehicles enter and depart parking spaces.

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. Page 7 of 255

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, communication towers and equipment, satellite dishes, and omni-directional antennas, such as whip antennas.

Automobile. A motor vehicle designed for use on the road, typically with four wheels, powered by an internal combustion engine or electric motor and able to carry a small number of people.

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 all of 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.

Except that 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.

Parts of a bluff include the following:

Bluff, Toe of the. The lower point of a 50-foot segment with an average slope exceeding 18%.

Bluff, Top of the. 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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Bluff Setback. The required setback from the Top of Bluff which is determined as follows: as measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%.

25’

Boat House. A structure used solely for the storage of watercraft or watercraft equipment.

Boat Lift: A structure or device, with or without a boat lift canopy but 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.

Boat Lift 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. Page 9 of 255

Boat Slip. An area of water adjacent to a dock or slip structure which is used for storage of one watercraft.

Boulevard. That portion of a street right-of-way between the curb line and property line.

Buffer. An area of natural, non-invasive, permanently undisturbed, vegetated ground cover adjoining and surrounding a wetland measured from the delineated edge of the 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.

Building. Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When separated by a party wall without openings, each portion so separated shall be deemed a separate building. The following parts and descriptions are used to describe Buildings:

Building Basement or 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.

Building Facade or Facade. The exterior wall of a building exposed to public view.

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.

Building Roof Line or Roof Line. The lowest plane at which the external upper covering of a building begins.

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Building Story or 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.

Building, Accessory. See Structure, Accessory

Building, Principal. The primary building on the lot as distinguished from an accessory structure.

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.

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 Map, Transportation Plan and the Capital Improvements Program.

Concept Plan. A concept plan or informal map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion with the City staff and classification within the City Code.

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 Public Works Director shall determine a curb level or its equivalent for the purpose of the City Code.

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 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 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.

Dimensional Standards. Numerical standards relating to spatial relationships, including but not limited to setback, lot area, frontage, and height.

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Discontinue or Discontinuance. To cease a use or activity or to remove or fail to restore/replace a structure for any reason usually for a set period of time but excluding any time during routine seasonal closure and excluding remodeling where a valid building permit has been issued.

Driveway. A private roadway providing access to a street.

Dwelling or Dwelling Unit. A building or portion of a building occupied or intended to be occupied for residential accommodation which includes permanent cooking, sleeping and bathroom facilities arranged for use as living quarters for one family. Does not include uses such as hotels, motels, hospitals, nursing homes, and bed and breakfasts.

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.

Excavation. Removal of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land.

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. ➢ 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 (also referred to as Land Reclamation). The placement of sand, gravel, earth or other materials of any composition on a parcel of land.

Floor Area. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attics, penthouses and 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. Parts of a Floor Area include:

Floor Area, Customer. That part of the floor area of a commercial establishment used by and accessible to the public, except public rest rooms.

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Floor Area, Ground. The part of the floor area of 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.

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.

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.

Ground Cover. Plants, other than turf grass, normally reaching an average maximum height of not more than 18 inches at maturity.

Hedge. A landscape barrier consisting of a continuous, dense planting of shrubs.

Holiday Lights or Holiday Décor. Decorations, lights and displays which are clearly incidental to and customary and commonly associated with any national, local or religious holiday.

Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. For purposes of the Zoning Code impervious surfaces shall include, but not be limited to the following: rooftops; covered decks; decks or platforms with open joints with less than one quarter (1/4) inch spacing; decks or platforms with an impervious surface beneath including, but not limited to, under deck sheeting, concrete, asphalt, pavers, compressed or packed Page 13 of 255 material, or more than one (1) layer of landscape fabric or plastic; sidewalks greater than three (3) feet in width; sidewalks three (3) feet in width or less with less than three (3) feet of pervious surface on both sides; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; areas beneath overhangs greater than two (2) feet in width; bridges over surface waters and other similar surfaces as determined by the Zoning Administrator. 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.

Irrigation System. A permanent, artificial watering system designed to transport and distribute water to plants.

Land. All solid ground.

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. See Filling

Land Surveyor. A person licensed to practice land surveying under Minnesota Statutes §§326.02 to 326.15.

Land Use (Also referred to as Use). The purpose or activity maintained on the property or for which the property is designed, arranged or intended. Land uses include permitted uses (“P”), permitted accessory uses (“AC”), permitted uses with conditions (“PWC”), conditional uses (“CU”) and interim uses (“IU”). Land uses include the following types:

Land Use, Accessory. A land use on the lot which is subordinate to the principal use on the property. There must be a principal use on the lot in order for an accessory use to be allowed.

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Land Use, Principal. The primary land use on the lot as distinguished from an accessory use.

Landing. An intermediate platform on a flight of stairs, the dimensions of which are dictated by the Building Code.

Landscape Architect. A person licensed by the State of Minnesota as a Landscape Architect.

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. Property or a parcel which meets the minimum lot width, depth, area and yard requirements of the zoning district in which it is located; which abuts a public street; and which is occupied, used or intended for occupancy or use as permitted by the Zoning Code. Lot also includes a “Lot of Record”. Lots include the following types:

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, 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, Through. A lot which has a pair of opposite lot lines abutting 2 substantially parallel streets, and which is not a corner lot.

Lot Area. The area of a lot in a horizontal plane bounded by the lot lines excluding major drainageways, wetlands, water bodies, and road rights-of-way. In the Shoreland Overlay District 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 measurements include the following:

Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot. Page 15 of 255

Lot Width. The horizontal distance between the side lot lines measured at the required front yard line.

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 of Record. Property or a parcel whether subdivided or described by metes and bounds 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. Defined in Minn. Stat. § 327B.01.

Mooring Facility. Any area for the containment of watercraft that provides a fixed fastening for the craft, which is located in, on, above, or adjacent to the water intended for seven or more watercraft by docks, mooring buoys, or other means.

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.

Native Vegetation. 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.

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.

Nonconformity or Nonconforming. A use, property or structure which does not conform to the requirements of the Zoning Code for the zoning district in which it is located.

Nonconformity or Nonconforming, Legal. A use, property or structure which does not conform to the requirements of the Zoning Code for the zoning district in which it is located, but which

Page 16 of 255 lawfully existed at the time of passage of the portion of the Zoning Code which makes the use, property or structure a nonconformity.

Official Controls. The adopted goals, policy statements, standards, requirements, programs, and maps for the City of Prior Lake. Such controls include, but are not limited to, the Comprehensive Plan, the City Code, the Subdivision and Zoning Codes, the Capital Improvements Program, and any amendment to such plans 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.

Ordinary High Water Level. The boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: - The Ordinary High Water Level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; - For watercourses, the Ordinary High Water Level is the elevation of the top of the bank of the channel; - For reservoirs and flowages, the Ordinary High Water Level is the operating elevation of the normal summer pool; and - For constructed stormwater BMPs, the Ordinary High Water Level is the operating elevation of the permanent pool, based upon the outlet elevation and/or outlet structure.

Outlot. Property or a parcel which is platted but not intended for immediate development. An outlot is not buildable and no building permit will be issued for an outlot. An outlot may be used as open space, transferred to the City for park or drainage uses, used as a private street or reserved for future phases of a development.

Parcel. See Property Page 17 of 255

Parking Space or Parking Stall. An area intended for the use of temporary parking of a motor vehicle which has a means of access to a public street.

Pedestrian Way (also referred to as Sidewalk). A public right-of-way or easement to provide access for pedestrian or bicycle use and which may be used for the installation of utility lines usually located at the side of a road or in a park includes but not limited to trails and sidewalks.

Performance Standards. Specified criteria and limitations which are placed on development which are intended to protect the public health, safety or welfare.

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. Includes the following types:

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.

Plat-Re. 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.

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, tennis court, pickleball court or other surface for conducting outdoor recreational activities.

Proof of Parking. A method by which an area of the lot is set aside for possible future parking needs but is not paved or striped for current parking. An area set aside for proof of parking cannot include areas of the lot required for other uses by the Zoning Code including but not limited to yards, setbacks and bufferyards,

Property (also referred to as Parcel). A legally described piece of land, whether platted lot/outlot or land described by metes and bounds, along with everything on the land including but not limited to structures, parking lots, landscaping, lighting, and signs.

Property Line. The legally described line bounding a piece of property except that where any portion of a property 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 property line for applying the Subdivision Code and Zoning Code.

Property Owner. Legal owner of property as officially recorded by Scott County.

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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 includes but not limited to roads, sidewalks, trails, parks and utilities.

Public Waters. Defined in Minnesota Statutes § 103G.005.

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 or Recreational Vehicles. Equipment and or motor vehicles used primarily for recreation, includes, 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.

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. 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).

Retaining Wall. 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.

Right-of-Way. An area or strip of land, either public or private, acquired by dedication, easement, deed, 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.

Riparian. Land abutting a protected water identified in City Code Section 1130.301.

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.

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Screen or Screening. 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 or Service Bay. 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.

Setback. The minimum distance which a structure must be located from right-of-way, lot lines, property lines, waters, wetlands, or any other place which is deemed to need protection.

Shoreland. Land located within the following distances from protected waters: (1) 1,000 feet from the Ordinary High Water Level 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 City’s Land Use Map.

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. See Pedestrian 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 to be a structure or a part of a structure for the purpose of applying yard and height regulations.

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.

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.

Street. A public or private thoroughfare which is used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified as follows:

Street, Local. 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.

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Street, Minor Collector or 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.

Street, Major Collector or 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.

Street, Minor Arterials or 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.

Street, Principal Arterials or 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 or attachment to something having a location on the ground. Structures include, but are not limited to buildings, signs, billboards, towers/fences greater than seven (7) feet in height, pavilions, gazebos, pergolas, trellises, retaining walls four (4) feet in height or greater, and swimming pools.

Structure, Accessory. See Accessory Structure in Use Definitions and Conditions.

Structure, Principal. See Building, Principal.

Subdivider. Any person who commences or maintains proceedings to subdivide property under the Subdivision Code.

Subdivision. The division of an area, lot, parcel, property or tract of land into two or more parcels, tracts, lots or long-term leasehold interests by any means including, but not limited to, preliminary and final plats, CIC plats registered land surveys, administrative subdivisions and conveyance by metes and bounds. Page 21 of 255

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, described, and measured as follows:

Tree Caliper Inch or Caliper Inch. A unit of measurement describing the diameter of a tree measured 4.5 feet above the finished grade level.

Tree, Canopy. A deciduous tree planted primarily for its high crown of foliage or overhead canopy.

Tree Canopy. The horizontal extension of a tree's branches in all directions from its trunk.

Tree, Coniferous. A woody plant having foliage on the outermost portion of the branches year round.

Tree, Deciduous. A woody plant having a defined crown and which loses leaves annually.

Tree Diameter at Breast Height (DBH) or Diameter at Brest Height. The diameter of a tree measured at a height of 4 1/2 feet from the ground level.

Tree Drip Line or 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.

Tree, Evergreen or Evergreen. A plant with foliage that persists and remains green year- round.

Tree, Heritage. Any tree which has been determined to be of high value because of its species, size, age, and other specific criteria as listed in the Tree Preservation and Restoration section of the Zoning Code.

Tree, Ornamental. Any tree planted primarily for its ornamental value or for screening purposes and tends to be smaller at maturity than canopy trees.

Tree Root Zone or Root Zone. The area under a tree which is at or within the drip line of a tree.

Tree, Significant. A deciduous tree measuring 6 caliper inches (DBH) or more in diameter or a coniferous tree measuring 12 feet or more in height.

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. See Land Use.

Use District. See Zoning District.

Variance. The modification of a Zoning Code requirement as it applies to specific property or structures.

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Vehicle, Commercial Motor. A motor vehicle greater than eight (8) feet in height or greater than twenty-two (22) feet 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 or Motor 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.

Water-Oriented Accessory Structure. A building of 120 square feet or less located on lakeshore parcels, 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 Level (OHWL) 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. The building shall not have a water or sewer connection.

Wetland. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: - Have a predominance of hydric soils; - Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and - Under normal circumstances support a prevalence of such 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 the Zoning Code. The yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the dimensional standards or setbacks for the district in which the lot is located. Types of yards include the following:

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, 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

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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.

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.

Zoning Administrator. The individual(s) authorized to administer the regulations of the Zoning Code.

Zoning District (also referred to as Use District). An area designated for certain land uses and subject to uniform regulations and requirements governing the placement, spacing, and size of the land and structures. Zoning districts include agriculture (“A”), rural subdivision (“R-S”), low-density residential (“R-1”), medium-density residential (“R-2”), high-density residential (“R-3”), town center (“TC”), transitional town center (“TC-T”), neighborhood business (“C-1”), general business (“C-2”), business park (“C-3”), and general industrial (“I-1”).

Zoning Map. The map or maps which are a part of this Zoning Code and delineate the boundaries of the Use Districts.

SECTION 1160 MOTORCYCLES

SUBSECTIONS

1160.100: Regulation of Competition Motorcycles

1160.100: REGULATION OF COMPETITION MOTORCYCLES: The unrestricted use of competition motorcycles creates a disturbance by reason of excessive noise and

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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.

1160.101 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”.

1160.102 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.

Section 3. City Code Sections 1102 “Use District Regulations”, 1110 “Communication Towers”, 1111 “Adult Uses” and 1112 “Official Maps” are deleted in their entirety and replaced with new Sections 1120 “Districts and Maps”, 1123 “Land Use Table”, 1122 “Land Use Definitions and Conditions”, 1123 “Nonconformities”, 1124 “Adult Uses, and 1125 “Communication Towers” to read as follows:

SECTION 1120 DISTRICTS AND MAPS

SUBSECTIONS

1120.100: Districts Established 1120.200: Zoning Maps 1120.300: Official Maps 1120.400: Zoning District Boundaries 1120.500: Designation of Annexed Property

1120.100: DISTRICTS ESTABLISHED. All land within the City limits shall be assigned to one of the following Zoning Districts:

A Agricultural R-S Rural Subdivision 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

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For purposes of the City Code R-S, R-1, R-2 and R-3 are considered residential Zoning Districts.

1120.101: A - AGRICULTURAL ZONING DISTRICT. The purpose of the A Zoning District is to protect existing agricultural investments until such time as public utilities may be extended and there is a need for additional urban development. It is also intended to provide for larger lots to insure that the feasibility of future urban development is not compromised.

1120.102: R-S - RURAL SUBDIVISION RESIDENTIAL ZONING DISTRICT. The purpose of the R-S Zoning District is to provide suitable areas for large lot development outside of the Metropolitan Urban Service Area identified on the Comprehensive Plan. The emphasis in these areas is on single family residential development. The Zoning District provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood.

1120.103: R-1 - LOW DENSITY RESIDENTIAL ZONING DISTRICT. The purpose of the R-1 Zoning District is to provide areas where the emphasis is on single-family residential development. The Zoning District provides for other uses which are compatible with the overall low-density of these areas and which will serve the residential neighborhood. 1120.104: R-2 - MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT. The purpose of the R-2 Zoning District is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall to medium density.

1120.105: R-3 - HIGH-DENSITY RESIDENTIAL ZONING DISTRICT. The purpose of the R-3 Zoning District is to provide for multi-family residential uses of the highest intensity, along with supportive uses of similar intensity.

1120.106: TC - TOWN CENTER ZONING DISTRICT. The purpose of the TC Zoning District is to provide for a variety of commercial and residential uses within the framework of a traditional downtown area. The district also contemplates and provides for pedestrian circulation, urban and civic design and the creative reuse of existing buildings. The Town Center District is designed to express the City’s commitment to maintain and enhance the vitality of the Downtown area by establishing minimum criteria for the development and redevelopment of commercial, residential and public buildings while promoting amenities intended to attract business, residents and visitors. Specific objectives include: ➢ To improve the visual quality of Downtown. ➢ To reinforce the physical character of Downtown by focusing on the design context. ➢ To expand the employment base and number of residents living Downtown. ➢ To preserve and reuse existing buildings and establish standards for the construction of new ones. ➢ To accommodate and promote commercial, residential, educational, cultural and governmental uses within the Downtown. ➢ To establish clear development and redevelopment guidelines

1103.107: TC-T - TRANSITIONAL TOWN CENTER USE DISTRICT. The purpose of the TC-T Zoning District is to provide a special designation for the fringe areas of the

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historical and recognized downtown business area. Eventually redevelopment, stimulated in part by available City programs, should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the Town Center. New development and redevelopment in the TC-T will only be permitted if it conforms to the uses allowed in the TC Zoning District.

1120.108: C-1 - NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. The C-1 Zoning District permits low intensity, service-oriented commercial uses that support the surrounding residential neighborhoods. Limits will be placed on the type, size and intensity of commercial uses in this district to insure and protect compatibility with adjacent residential areas.

1120.109: C-2 - GENERAL BUSINESS ZONING DISTRICT. The purpose of the C-2 Zoning District is to allow the concentration of general commercial development for the convenience of the public and for mutually beneficial relationship of commercial development in those areas located away from residential areas designated by the Comprehensive Plan; to provide space for community facilities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; to minimize traffic congestion; and to carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts.

1120.110: C-3 - BUSINESS PARK ZONING DISTRICT. The purpose of the C-3 Zoning District is to promote high standards of design and construction for business park uses in the City. These standards are set forth in order to enhance the visual appearance of each C-3 Zoning District within the City, to preserve the taxable value of property and to promote the public health, safety and welfare.

1120.111: I-1 - GENERAL INDUSTRIAL ZONING DISTRICT. The purpose of the I-1 Zoning District is to provide areas of the community which will allow general industrial uses which, due to their size and nature, would not conform to the C-3 Zoning District.

1120.200: ZONING MAP. The boundaries of the above listed Zoning Districts are shown on the Zoning Map as may be amended from time to time. The map and all amendments shall be maintained in the offices of the Community Development Department. The map shall be referred to in this Zoning Code as the "Zoning Map" or "map". The map and all of the notations, references and other information shown on it are hereby made a part of the Zoning Code by reference and shall have the same force and effect as if fully set forth in this Zoning Code.

1120.300: OFFICIAL MAPS. Minn. Stat. 462.359 provides a procedure and the proper use of official maps which identify land needed for future public uses. The City’s has not adopted an official map but reserves the right to do so in the future pursuant to Minn. Stat. 462.359.

1120.400: ZONING DISTRICT BOUNDARIES.

1120.401: Land Uses. Zoning District boundary lines indicated on the Zoning Map are intended to follow lot lines, the center lines of streets or alleys including center lines as projected, railroad right-of-way lines, the center of watercourses, or the corporate

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limit lines as they exist upon the effective date of this Zoning Code. If Zoning District boundary lines do not follow any of the above-described lines, the Zoning Administrator shall determine the location of the line by from the official copy of the Zoning Map.

1120.402: Lot of Record. Where a Zoning District boundary line divides a lot of record which was in single ownership at the time of enactment of this Zoning Code and places portions of such lot of record in two (2) or more Zoning 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 Zoning District. If the lot is wider than the 50-foot limitation, the Zoning District line as shown shall prevail.

1120.403: Structure. If a Zoning District boundary line passes through a structure, the boundary line shall be adjusted so that the line falls outside of the structure at a location most compatible with the purpose and intent of this Zoning Code.

1120.500: DESIGNATION OF ANNEXED PROPERTY.

1120.501 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 Zoning Map upon annexation.

1120.502 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 Flood Plain and shall be subject to the Floodplain Overlay District.

1120.503 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 Level of a lake, pond or flowage, or within 300 feet from a river or stream or the landward extent of a floodplain on such rivers or streams, whichever is greater shall be designated as Shoreland and shall be subject to the Shoreland Overlay District.

SECTION 1121 LAND USE TABLE

SUBSECTIONS

1121.100: Land Use Table Key 1121.200: Land Use Table Description 1121.300: Land Use Table

1121.100: LAND USE TABLE KEY: The following terms and abbreviations have the following meanings when used in the land use table:

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P – Permitted Use. A principal land use allowed on the lot.

AC – Permitted Accessory Use. An accessory land use allowed on the lot.

PWC – Permitted Use with Conditions. A principal or accessory land use allowed on the lot only if the Zoning Administrator determines that the applicable conditions are met.

CU – Conditional Use. A principal or accessory land use allowed on the lot only after obtaining a conditional use permit and subject to the terms and conditions of the conditional use permit.

IU – Interim Use. A temporary principal or accessory land use allowed on the lot only after obtaining an interim use permit and subject to the terms and conditions of the interim use permit.

1121.200: LAND USE TABLE DESCRIPTION: The land use table identifies what land uses are allowed in each zoning district and the manner in which the land use is allowed. If the box contains an abbreviation the land use is allowed in that zoning district pursuant to the land use table key above. If the box is blank the land use is not allowed in that zoning district. The land use definitions and applicable conditions are set forth in City Code Section 1122. All other terms shall have the meanings as defined in the City Code or, if not defined in the City Code, shall have standard dictionary definitions. Any land use which is not listed in the land use table is specifically prohibited. If there is a conflict between the land use table and City Code Section 1122 then Section 1122 governs.

1121.300: LAND USE TABLE: See Following Table.

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SECTION 1121 Land Use Table P = Permitted Use PWC = Permitted Use with Conditions CU = Conditional Use AC = Accessory Use IU = Interim Use

Zoning Use District Land Use Description A R-S R-1 R-2 R-3 TC TC-T C-1 C-2 C-3 I-1 Accessory Apartment PWC PWC PWC PWC PWC PWC Accessory Structure AC AC AC AC AC AC AC AC Adult Uses CU CU CU CU Agriculture and Forestry PWC PWC Animal Handling CU CU CU CU Appliance and Small Engine Repair PWC PWC PWC PWC Auto Body/Painting CU PWC Bank PWC P P Bed and Breakfast Establishment PWC PWC PWC PWC PWC PWC PWC Bicycle Sales and Repair P P P P Boarders, Keeping Of AC AC AC AC AC AC Boat Slip, City P P P P P P P P P Boat Slip, Personal P P P P P P P P P Brewpub P CU CU CU Brewer Taproom P CU CU CU Building Improvement Trades PWC PWC Business Services CU P P Car Wash CU CU CU CU Cemeteries P P P P P Cluster Housing CU CU Cocktail Room P CU CU CU Community Centers PWC PWC PWC PWC PWC Contractors Yard PWC Controlled Access Lot CU CU Convention and Exhibition Center CU CU Land Use Description A R-S R-1 R-2 R-3 TC TC-T C-1 C-2 C-3 I-1 Data Center P P Daycare, Family (Includes Family Day Care and Group Family Day AC AC AC PWC PWC PWC Care as Defined by State Statute) Daycare, Commercial (Includes Child Care Programs as Defined by PWC PWC PWC PWC PWC PWC PWC PWC State Statute) Dedicated Waterfront PWC Dry Cleaning PWC PWC PWC Dwelling, Multi Family P P Dwelling, Single Family Attached - Rowhome P P Dwelling, Single Family Attached - Twinhome P P Dwelling, Single Family Detached P P P P Electrical Utility Substations CU CU CU CU CU CU CU Exclusive Liquor Store P P P Expansion of Nonconforming Use in Town Center CU Freight Terminal P Funeral Home P P Golf Course CU CU CU CU CU Gun Range, Indoor CU CU Heavy Equipment and Specialized Vehicle Sale, Rental & Service PWC Home Occupations AC AC AC AC AC AC Hospital PWC PWC Hotel/Motel PWC PWC PWC Library P P Manufacturing/Processing P P Marina, Commercial CU CU Marina, Recreational CU CU Medical/Dental Laboratories PWC PWC PWC Medical/Dental Office P P P P Microdistillery P CU CU CU Mining CU Motor Fuel Stations CU CU Land Use Description A R-S R-1 R-2 R-3 TC TC-T C-1 C-2 C-3 I-1 Motor Vehicle Sales CU CU Motor Vehicle Service and Repair PWC PWC PWC Nurseries and Greenhouses P CU Nursing Home PWC PWC PWC Office P P P P P Outdoor Sales/Display PWC PWC PWC PWC Outdoor Seating PWC PWC PWC Outdoor Storage, Class I PWC PWC Outdoor Storage, Class II CU CU Parking Lot, Freestanding CU CU CU CU CU Parking Lot, On-Site CU CU CU PWC PWC P P P P Parking Ramp PWC AC Parks/Open Space P P P P P P P P P P P Place of Assembly P PWC PWC PWC PWC Pole Building AC CU Police/Fire Stations/Ambulance PWC PWC PWC PWC PWC Printing Process P P Private Entertainment, Indoor PWC PWC PWC PWC Private Entertainment, Outdoor CU Public Service Structure PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC Radio Transmitters, Microwave and Communication Towers PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC Recreational Dome CU CU CU CU Recycling Center P Research and Testing Laboratories P P Restaurants and Clubs/Lodges PWC PWC Retail P P P School, Pre-K-12 PWC PWC PWC PWC School, Business/Trade P P Self-Service Storage Facility CU PWC Senior Housing PWC PWC Senior Housing with Services Establishment PWC PWC PWC Land Use Description A R-S R-1 R-2 R-3 TC TC-T C-1 C-2 C-3 I-1 Service P P P Shopping Center PWC PWC PWC Shopping Center over 150,000 SF CU Showroom P P P P Small Brewer P CU CU CU Stable, Commercial CU Stable, Private P State Licensed Residential Facility PWC PWC PWC PWC PWC State Licensed Nonresidential Facility PWC PWC Studio P P P P Temporary Agricultural Commodities PWC PWC PWC PWC PWC Temporary Construction Structure PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC Temporary On-Site Equipment and Material Storage PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC Temporary Outdoor Sales PWC PWC PWC Temporary Pollution Abatement Structures and Equipment PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC PWC Temporary Sales Trailers PWC PWC PWC Temporary Seasonal Structures or Temporary Seasonal Cabins PWC PWC PWC PWC PWC PWC PWC PWC Transportation Facility PWC Warehouse/Storage/Distribution P P Waste Hauler PWC Wholesale PWC P Wind Generators CU SECTION 1122 LAND USE DEFINITIONS AND CONDITIONS

SUBSECTIONS

1122.100: Land Uses 1122.200: Land Use Restrictions 1122.300: Land Use Definitions and Conditions

1122.100: LAND USES:

1122.101: Land Uses. The only uses which can be made of land and/or structures are those uses listed in the land use table and defined in this Section. If there is a conflict between the land use table and this Section, then this Section governs.

1122.102: Land Uses Not Listed. Any land use which is not listed in this Section is specifically prohibited. Any person seeking to establish whether a use which is not specifically listed is included in an existing use may ask the Zoning Administrator for an opinion. The Zoning Administrator's decision will establish whether the proposed use is permitted under any of the existing uses in this Zoning Code. The Zoning Administrator shall consider functional similarities between uses listed in the Zoning Code 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 a "permitted use", “permitted accessory use”, "permitted use with conditions", "conditional use" or "interim use". If the Zoning Administrator determines that the proposed use is not permitted under any existing use, that conclusion shall be stated in the written determination.

1122.200: LAND USE RESTRICTIONS: All land uses must comply with all applicable provisions of the City Code including but not limited to the conditions in this Section and all other applicable provisions of the Zoning Code.

1122.300: LAND USE DEFINITIONS AND CONDITIONS: This subsection contains the definitions and conditions for land uses as allowed by the land use table.

ACCESSORY APARTMENT A. Definition: An independent, subordinate dwelling unit contained within a single family detached dwelling for occupancy only by immediate family members (“immediate family” means the spouse, parents, grandparents and children and grandchildren (all including step- and foster-) or individuals providing care to the people occupying the other dwelling unit. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: a. No more than one apartment may be created in any single family dwelling. b. The single family dwelling or accessory apartment must be owner- occupied on a continuous basis except for temporary absences. c. A minimum of 2 off-street parking spaces must be provided for each Page 30 of 255

dwelling unit with such parking to be in a garage, carport or on an area surfaced in asphalt or concrete specifically intended for that purpose. Such parking may not be located within a required turnaround. d. In an existing single family dwelling, an accessory apartment may be created by the conversion of living space within the dwelling but not by conversion of garage space unless space is available on the property for a new two car garage in the future without the need for a variance. e. An accessory apartment must be no more than 35 percent of the gross living area of the single family dwelling (including the accessory apartment) or 950 square feet, whichever is smaller. f. Exterior changes to the dwelling must not substantially alter the single family character of the structure. g. No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the City and State. h. An accessory apartment is permitted only where it is demonstrated that it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood. i. All other provisions of this Zoning Code relating to single family dwelling units must be met, unless specifically amended by this subdivision.

ACCESSORY STRUCTURE A. Definition: A separate and subordinate structure the use of which is related to and is incidental to that of the principal structure, and which may include, but is not limited to garages, carports, storage buildings, water oriented accessory structures, pools, etc. There must be a principal structure on the property in order for an accessory structure to be allowed. B. Zoning Districts and Conditions: 1. Permitted accessory use in A, R-S, R-1, R-2, R-3, TC-T, C-3 and I-1 with the following conditions: a. The accessory structure shall be either constructed of the same materials as the principal structure or screened from public view from adjacent roads and contiguous properties. The screening must meet all applicable standards of this Zoning Code. b. If located in a residential Zoning District total amount of accessory structures is limited to 1000 square feet. c. The accessory structure must be located in the rear yard of the lot and must conform to all applicable setback requirements. d. Sanitary sewer connections are prohibited.

ADULT USES A. Definition: See City Code Section 1124. B. Zoning District and Conditions: 1. Conditional use in A, TC, C-2 and I-1 with the conditions listed in City Code Section 1124.

AGRICULTURE AND FORESTRY A. Definition: The production of crops, plants or vines, including forestry. The term also applies to the keeping, grazing or feeding of livestock but shall not include commercial stables or animal handling. .

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B. Zoning District and Conditions: 1. Permitted with conditions in A and R-S subject to the conditions in City Code Section 801.

ANIMAL HANDLING A. Definition: The sale, boarding, breeding, grooming, training, treatment and/or care of privately owned traditional pets as defined in City Code Section 801. B. Zoning District and Conditions: 1. Conditional Use in A, C-2, C-3, and I-1 with the following conditions: a. Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public. b. No animals shall be kept outside the building or located in a manner or location which causes offensive odors discernible at the property line of the property on which the activity is conducted. c. All principal use activities, including animal boarding, shall be conducted within the principal structure; except that animal runs may be located outdoor as long as the other conditions in this subsection are met and as long as animals are not left in the run overnight. d. All outdoor animal runs or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure. e. All buildings in which animals are kept or boarded shall be located a minimum of 100 feet from any property line in a residential Zoning District. f. All animals shall be kept in conformance with City Code Section 801.

APPLIANCE AND SMALL ENGINE REPAIR A. Definition: Maintenance and repair of appliances and small engines, . Characteristics include some outdoor activity and noise. B. Zoning District and Conditions: 1. Permitted with conditions in C-1 with the following conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any property line in a residential Zoning District. 2. Permitted with conditions in C-2 and C-3 with the following conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 100 feet of any property line in a residential Zoning District. 3. Permitted with conditions in I-1 with the following conditions: a. No sales or display of new or used appliances or engines shall be permitted.

AUTO BODY/PAINTING A. Definition: 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. B. Zoning District and Conditions: 1. Conditional use in C-3 with the following conditions: a. No sales, storage or display of used automobiles shall be permitted. b. No inoperable vehicles shall be stored outside the primary structure. c. All auto body repair and painting must be conducted within the primary structure. d. No outdoor storage will be permitted. e. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

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2. Permitted with conditions in I-1 with the following conditions: a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas. b. No sales or display of new or used automobiles shall be permitted. c. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

BANK A. Definition: 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. B. Zoning District and Conditions: 1. Permitted with conditions in TC with the following conditions: a. The use shall not include any drive-through or drive-up windows or facilities. 2. Permitted use in C-1 and C-2.

BED AND BREAKFAST ESTABLISHMENT A. Definition: The use of a private, owner-occupied single family or two family dwelling providing temporary lodging facilities and some meals to paying lodgers. The lodging is subordinate and incidental to the main residential use of the dwelling. Indoor recreational facilities for the use of the residents and paying lodgers may be included. B. Zoning District and Conditions: 1. Permitted with conditions in A, R-S, R-1, R-2, R-3, TC and TC-T with the following conditions: a. The dwelling shall be owner-occupied. b. The required parking shall be screened with a bufferyard Type B as defined in the Zoning Code. c. The total number of guests shall be limited to 6. d. Not more than 50% of the gross floor area of the dwelling shall be used for the lodging operation. e. Only exterior alterations which do not alter the exterior appearance from its single family character will be allowed. f. Accommodations may be provided to a guest for a period not exceeding 14 days. g. Food service shall be limited to breakfast and afternoon tea. h. Rented rooms shall not contain cooking facilities. i. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. j. No more than 50% of the rear yard may be surfaced in asphalt and concrete or used for parking.

BICYCLE SALES AND REPAIR A. Definition: Maintenance, repair and sales of two and three wheeled non-motorized vehicles with wheels which are more than 16 inches in diameter. B. Zoning District and Conditions: 1. Permitted in TC, C-1, C-2 and C-3.

BOARDERS, KEEPING OF A. Definition: The use of a single family dwelling for the dwelling of a person or persons on an extended basis rather than daily or weekly where the primary resident is the owner of

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the dwelling. B. Zoning District and Conditions: 1. Permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: a. The dwelling shall be owner-occupied. b. No more than 2 boarders may be kept in a dwelling. c. Rented rooms shall not contain cooking facilities. d. Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes.

BOAT SLIPS, CITY A. Definition: The mooring of watercraft with permission of the City on property owned or controlled by the City. City boat slips, regardless of number, are not a Mooring Facility. City Boat Slips are permitted only on riparian property owned or controlled by the City of Prior Lake, subject to DNR approval. The City may use the slips as determined and regulated by the City Council including rental of the slips. The City shall not increase the number of boat slips or increase the number of boat slips which the City rents without first holding a public hearing. B. Zoning Use and Conditions: 1. Permitted in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1.

BOAT SLIPS, PERSONAL A. Definition: The mooring of five (5) or fewer restricted watercraft allowed for personal use by the owners or tenants of residential riparian lots B. Zoning District and Conditions: 1. Permitted with conditions in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3 and I-1 with the following conditions: a. Personal Boat Slips are permitted only on riparian lots. The lot and Personal Boat Slips shall meet the following minimum conditions as determined by the Zoning Administrator: i. The slips can be located on separate dock structures, but no more than five (5) slips can be located on a lot. ii. No more than five (5) restricted watercraft may be moored at any one lot at a time. iii. If three (3) or more restricted watercraft are moored at any one lot at a time, any dock structure on that lot shall be at least ten (10) feet from all side lot lines at the ordinary high water level. b. All Personal Boat Slips on a lot shall be used in only one of the following manners: i. Owner use - all restricted watercraft moored at the lot shall be owned and registered to the property owner or the property owner’s immediate family. For purposes of this requirement, “immediate family” means the spouse, parents, children and grandchildren (all including step- and foster-) of the property owner or the property owner’s spouse. ii. Tenant use – if the entire dwelling on the lot is being leased to a tenant and the owner occupies no portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the tenant or the tenant’s immediate family (as immediate family is defined above). In no case may the property owner and tenant both moor watercraft at the lot.

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iii. Boarder use – if a portion of a dwelling on the lot is being leased to a boarder(s) but the owner still occupies a portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the owner under provision (i) above or the boarder(s) (regardless of number of boarders) may moor only one (1) restricted watercraft at the lot. In no case may the property owner and boarder both moor watercraft at the lot. c. Rental of slips is prohibited. Use of slips allowed by (b) above is not considered “rental” of slips. d. If the City has reason to believe that any provisions in this subsection relating to personal boat slips or mooring facilities are not being complied with, the City has the authority to require the submittal of watercraft registration information, proof of ownership/tenancy of property or watercraft, proof of relationships, use of slip, or other information needed to establish compliance.

BREW PUB A. Definition: An establishment operating as a Brew Pub pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted use in TC. 2. Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential Zoning District. In the case of a multi-tenant building, the entrance will be measured from the collective entrance to the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential Zoning District, the following additional conditions shall be met: i. All customer entrances to the building shall be through a vestibule area with an inside and outside door. ii. No outdoor amplified music, public address system, or outdoor special event is permitted.

BREWER TAPROOM A. Definition: An establishment operating as a Brewer Taproom pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted in TC. 2. Conditional use in C-2, C-3 and I-1 with the following conditions. a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential Zoning District. In the case of a multi-tenant building, the entrance will be measured from the collective

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entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential Zoning District, the following additional conditions shall be met: i. All customer entrances to the building shall be through a vestibule area with an inside and outside door. ii. No outdoor amplified music, public address system, or outdoor special event is permitted.

BUILDING IMPROVEMENT TRADES A. Definition: 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. B. Zoning District and Conditions: 1. Permitted with conditions in C-3 and I-1 with the following conditions: a. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas.

BUSINESS SERVICES A. Definition: A business primarily engaged in providing 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. B. Zoning District and Conditions: 1. Permitted in C-2, and C-3. 2. Conditional use in TC-T with the following conditions: a. The use must be located completely within the existing structure. No additions to the structure are permitted. b. The exterior of the existing building shall maintain the residential character of the structure. c. No more than one wall sign shall be permitted. d. No outdoor storage will be permitted.

CAR WASH A. Definition: The use of a structure, or portion thereof, 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. B. Zoning District and Conditions: 1. Conditional use in C-1, C-2, C-3 and I-1 with the following conditions: a. No public address system shall be audible from any property located within a residential Zoning District. b. Drainage and surfacing plans shall be subject to the City Engineer’s approval prior to construction or reconstruction. The plans shall describe the wash water disposal and sludge removal facilities for on premise dust, salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the property. c. All parking and areas surfaced in asphalt or concrete meet the drainage,

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design and landscaping provisions of Parking Section of the Zoning Code. d. The ingress or egress points for an accessory car wash shall be subject to the City Engineer’s approval prior to construction or reconstruction. The exit door from the car wash shall be at least 45 feet from the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way. e. An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. f. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the facility remain closed at all times or the facility is in the I-1 Zoning District.

CEMETERIES A. Definition: The use of an area for the burial or entombment of one or more deceased persons, including graveyards, mausoleums and columbaria. B. Zoning District and Conditions: 1. Permitted use in A, R-S, R-1, R-2 and R-3.

CLUSTER HOUSING A. Definition: Single family attached and/or detached dwelling units on smaller lots than provided for in the applicable Zoning District in order to allow the same number of units as would be allowed in a standard development on the same property but clustering the units together on smaller lots to preserve additional wooded areas, open space or other natural features. 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 areas surfaced in asphalt or concrete than single family detached dwellings. B. Zoning District and Conditions: 1. Conditional use in R-1 and R-2 with the following conditions: a. Cluster housing shall meet the following minimum requirements: i. No more than four dwelling units shall be incorporated in a single building; ii. The density of development shall not exceed the density allowed in the Zoning District in which the property is located iii. Existing dwelling units may not be converted into clustered units unless the site is fully cleared and redeveloped. Existing units may be incorporated into new development plans when such units are not converted into clustered units or added to; iv. There shall be 600 square feet of usable open space for each dwelling unit. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria:

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i. The presence and preservation of topographic features, woods and trees, water bodies and streams, wetlands, and other physical and ecological conditions; ii. Suitable provisions for permanently retaining and maintaining the amenities and open space; iii. Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas.

COCKTAIL ROOM A. Definition: An establishment operating as a Cocktail Room pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted use in TC. 2. Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the building shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the use shall be located a minimum of 100 feet from any property line in a residential Zoning District. In the case of a multi- tenant building, the entrance will be measured from the collective entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential Zoning District, the following additional conditions shall be met: i. All customer entrances to the building shall be through a vestibule area with an inside and outside door. ii. No outdoor amplified music, public address system, or outdoor special event is permitted.

COMMUNITY CENTERS A. Definition: The use of a building, structure or area for the public, to accommodate and serve significant segments of the community for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops. B. Zoning District and Conditions: 1. Permitted with conditions in R-1, R-2 and R-3 with the following conditions: a. The building shall not be located within 50 feet of any property line in a residential Zoning District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential Zoning District. d. A bufferyard Type C as defined in the Zoning Code shall be installed and maintained along any property line abutting a residential Zoning District. 2. Permitted with conditions in TC and C-2 with the following conditions: a. An off-street passenger loading area shall be provided in order to maintain

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vehicular and pedestrian safety. b. Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential Zoning District. c. A bufferyard Type C as defined in the Zoning Code shall be installed and maintained along any property line abutting a residential Zoning District.

CONTRACTORS YARD A. Definition: The use of land 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. B. Zoning District and Conditions: 1. Permitted with conditions in I-1 with the following conditions: a. Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100% opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. b. Stored materials shall not interfere with either on-site or off-site traffic visibility. c. Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted. d. All areas used for storage and parking of street legal or road legal vehicles (such as an automobile, motorcycle, light or heavy truck that are equipped and licensed for use on public roads) shall be surfaced in asphalt or concrete. e. All contractor yards adjacent to an residential Zoning District shall meet the required building setback for the Industrial Zoning District; in all other instances contractor yards shall meet the required parking setback.

CONTROLLED ACCESS LOT A. Definition: A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with access to public waters. B. Zoning District and Conditions: 1. Conditional use in R-1 and R-2 on General Development Lake with the following conditions: a. Controlled Access Lots shall meet the following conditions as determined by the Zoning Administrator: i. The facility shall be compatible with the adjacent land and water uses. ii. Adequate water depth is available for the proposed facility without churning of bottom sediments. iii. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. iv. The facility will not affect the quality of water and the ecology of the lake. v. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. vi. Adequate sanitary and parking facilities will be provided in connection with the facility.

Page 39 of 255 b. Controlled Access Lots are allowed only on riparian lots on General Development Lakes by Conditional Use Permit in the R-1 and R- 2 Zoning Districts. Controlled Access Lots shall comply with all applicable conditions listed in this subsection, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the applicable conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. c. The property shall be suitable for the intended use as a Mooring Facility. d. The property shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the property. e. The property shall meet, at a minimum, the width and area requirements for a Single-Family residential riparian property. f. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in (a) above; provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every 40 feet of lot width. Property width shall be the lesser of either the shoreline as measured at the ordinary high water level or a straight line measured between where the two side property lines intersect with the ordinary high water level (or the straight extension of the side property lines if the side property lines do not intersect with the ordinary high water level). Regardless of measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within 10 feet of navigable water, shall not count toward property width. g. All restricted watercraft moored at the property shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, “immediate family” means the spouse, parents, children and grandchildren (all including step- and foster-) of the owner or tenant or the owner or tenant’s spouse. Use of slips by persons described in this provision is not considered “rental” of slips. h. Rental of slips is prohibited. i. Covenants shall be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational

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activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and shall require centralization of all common facilities and activities in the most suitable locations on the property to minimize topographic and vegetation alteration. The covenants shall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. j. Functioning restroom facilities shall be accessible on the property for all users of the property 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. k. No dock, mooring facility or other structure shall be located so as to: i. Obstruct the navigation of any lake; ii. Obstruct reasonable use or access to any other dock, mooring facility or other structure; iii. Present a potential safety hazard; or iv. Be detrimental to significant fish and wildlife habitat or protected vegetation. l. Docks and mooring facilities shall be set back a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Level. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the property into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. m. One (1) off-street parking space surfaced in asphalt and concrete shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within 1,000 feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Level sufficient to capture and filter all run-off from the parking area. n. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. o. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. p. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. q. Controlled Access Lots shall meet the Residential Performance Standards of the Zoning Code. r. Garbage receptacles shall be made available on the property for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse.

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s. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. Parcel ID # of Slips Permit # Association Name Water Body Number (PIN) Permitted 88-6322 Windsong on the Lake 252360310 Lower Prior Lake 37 89-6013 Harbor Community Association 252030070 Lower Prior Lake 60 89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39 89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36 89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20 89-6035 Mitchell Pond Association 251550260 Lower Prior Lake 23 89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9 89-6290 Pixie Point Homeowners Association 250500011 Lower Prior Lake 5 89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53 89-6456 Willow Beach Association 251080020 Upper Prior Lake 46 89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 39 City Permit Spring Lake Estates Association 254400850 Spring Lake 54 City PUD Crystal Bay Association 254170250 Upper Prior Lake 21 City Permit Inguadona Beach Homeowners Association 250950030 Upper Prior Lake 20

CONVENTION AND EXHIBITION CENTER A. Definition: The use of a building with 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. B. Zoning District and Conditions: 1. Conditional use in C-2 and C-3 with the following conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any property line in a residential Zoning District. b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened.

DATA CENTER A. Definition: The storage, management, processing and transmission of digital data, the housing of computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. 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. B. Zoning District and Conditions: 1. Permitted use in C-3 and I-1.

DAY CARE, FAMILY (INCLUDES FAMILY DAY CARE AND GROUP FAMILY DAY CARE AS DEFINED BY STATE STATUTE) A. Definition: The care, protection and supervision of children in a private single family Page 42 of 255

dwelling for periods of less than 24 hours per day for a fee. A Family Day Care may serve no more than ten (10) children at a time and a Group Family Day Care may serve no more than 14 children at a time. 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 must be licensed by the State of Minnesota or Scott County. B. Zoning District and Conditions: 1. Permitted accessory use in A, R-S and R-1. 2. Permitted with conditions in R-2, R-3 and TC-T with the following conditions: a. Use must be located in a single family detached dwelling, not permitted in a twinhome, rowhome or multi family dwelling. DAY CARE, COMMERCIAL (INCLUDES CHILD CARE PROGRAMS AS DEFINED BY STATE STATUTE) A. Definition: The systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day in a non-residential building. This use must be licensed by the State of Minnesota or Scott County. B. Zoning District and Conditions: 1. Permitted with conditions in A, R-S and R-1 with the following conditions: a. May serve no more than 12 children at a time. b. At least 40 square feet of outside play space per child is provided. c. The outside play area must be fenced and screened with a bufferyard Type B as defined in the Zoning Code. d. Off-street drop off and loading areas must be provided which do not interfere with traffic and pedestrian movements. 2. Permitted with conditions in R-2 and R-3 with the following conditions: a. May serve no more than 16 children at a time. b. At least 40 square feet of outside play space per child is provided. c. The outside play area must be fenced and screened with a bufferyard Type B as defined in the Zoning Code. d. Off-street drop off and loading areas must be provided which do not interfere with traffic and pedestrian movements. 3. Permitted with conditions in TC, C-1 and C-2 with the following conditions: a. At least 40 square feet of outside play space per child is provided. b. The outside play area must be fenced and screened with a bufferyard Type B as defined in the Zoning Code. c. Off-street drop off and loading areas must be provided which do not interfere with traffic and pedestrian movements. d. Outdoor play areas shall be located a minimum of 100 feet from a roadway designated in the Comprehensive Plan as a principal arterial. For all other road classifications, the outdoor play areas shall be setback the minimum building setback from the property line. e. In the TC Zoning District, the facility shall not be located fronting Main Avenue, Dakota Street or County Road 21.

DEDICATED WATERFRONT A. Definition: 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

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this manner as of January 1, 2016 shall qualify as Dedicated Waterfront. B. Zoning District and Conditions: 1. Permitted with conditions in R-1 with the following conditions: a. The facility shall be compatible with the adjacent land and water uses. b. Adequate water depth is available for the proposed facility without churning of bottom sediments. c. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. d. The facility will not affect the quality of water and the ecology of the lake. e. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. f. Adequate sanitary and parking facilities will be provided in connection with the facility.

DRY CLEANING A. Definition: The cleaning or dry cleaning of clothing, diapers or other fabrics on site. Materials to be cleaned may be brought to the site either by delivery trucks 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. B. Zoning District and Conditions: 1. Permitted with conditions in TC with the following conditions: a. The buildings housing the use shall not exceed 5,000 square feet in area. b. Outside storage and parking of trucks involved in the operation of the business is limited to trucks and vans with a manufacturer’s rated cargo capacity of one (1) ton or less. All trucks in operation with the business must be stored on-site (not in public parking areas). 2. Permitted with conditions in C-1 and C-2 with the following conditions: a. The total area in which the buildings housing the use occurs shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks and vans involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one (1) ton or less. c. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner that access can be provided without generating significant traffic on local residential streets.

DWELLING, MULTI FAMILY A. Definition: A building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units. B. Zoning District and Conditions: 1. Permitted in TC and R-3.

DWELLING, SINGLE FAMILY ATTACHED - ROWHOME A. Definition: A building or group of buildings that include three or more dwellings on a site where the dwellings are configured in a side by side or back to back fashion and share at least one (1) common wall but are not vertically stacked. B. Zoning District and Conditions: 1. Permitted in R-2 and R-3.

DWELLING, SINGLE FAMILY ATTACHED - TWINHOME A. Definition: A dwelling unit designed or used for residential occupancy by two families

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fully separated by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, including both duplexes and double bungalows but not including accessory apartments. B. Zoning District and Conditions: 1. Permitted in R-2 and R-3.

DWELLING, SINGLE FAMILY DETACHED A. Definition: A dwelling unit designed or used for residential occupancy by one family that is physically separated from any other dwelling on the same property. B. Zoning District and Conditions: 1. Permitted in A, R-S, R-1 and R-2.

ELECTRICAL UTILITY SUBSTATIONS A. Definition: 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. B. Zoning District and Conditions: 1. Conditional use in A, R-S, TC, C-1, C-2, C-3 and I-1 with the following conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 100 feet of any property line in a residential Zoning District.

EXCLUSIVE LIQUOR STORE A. Definition: An establishment operating as an Exclusive Liquor Store pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted use in TC, C-1 and C-2.

EXPANSION OF NONCONFORMING USE IN TOWN CENTER A. Definition: A use existing legally on June 1, 2009 in the TC district. B. Zoning District and Conditions: 1. Conditional use in TC with the following conditions: a. The use must exist on June 1, 2009 and may be expanded only on the existing parcel, or on a combination of parcels as part of a campus plan. b. All new construction must be consistent with the design standards of the TC Zoning District.

FREIGHT TERMINAL A. Definition: Short-term storage and transshipment of materials and the outdoor storage of trucks and directly related equipment. Characteristics include high volumes of large truck traffic. B. Zoning District and Conditions: 1. Permitted use in I-1.

FUNERAL HOME A. Definition: The holding of funeral services and embalming and other processes 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

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include intermittent periods of high traffic generation. B. Zoning District and Conditions: 1. Permitted use in C-1 and C-2.

GOLF COURSE A. Definition: Land used for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms, dining and bar facilities, 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. B. Zoning District and Conditions: 1. Conditional use in A, R-S, R-1, R-2 and R-3 with the following conditions: a. All structures shall be located a minimum of 30 feet from any property in a residential Zoning District.

GUN RANGE, INDOOR A. Definition: 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. B. Zoning District and Conditions: 1. Conditional use in C-3 and I-1 with the following conditions: a. Indoor Gun Ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling and so ricochets or back splatter cannot harm range users. b. No light, sound or vibration originating from the building shall be discernible at any abutting property line.

HEAVY EQUIPMENT AND SPECIALIZED VEHICLE SALE, RENTAL & SERVICE A. Definition: The sale, rental and servicing of equipment and vehicles of the following types: • Farm and construction machinery or equipment; • Buses and vans designed primarily for the transportation of ten (10) or more passengers; • Motorhomes, recreational vehicles, trailers and boats of any size. B. Zoning District and Conditions: 1. Permitted with conditions in I-1 with the following conditions: a. No sales, storage, rental or display of automobiles shall be permitted. b. No test driving shall be permitted on any street in a residential Zoning District. c. No car washes shall be permitted for public use. d. No inoperable equipment or vehicles shall be stored outside the primary structure or designated screened storage areas.

HOME OCCUPATIONS A. Definition: An occupation, profession, or activity which occurs primarily in a dwelling unit, provides gainful employment of a person or persons residing in the dwelling unit, is clearly incidental and subordinate to the residential use, and which does not alter the exterior of the dwelling or structures on the lot, or affect the residential character of the neighborhood. It is the intent of the City to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this provision is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for Page 46 of 255

adverse effects upon neighboring properties. B. Zoning District and Conditions: 1. Permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions: a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code for off-street parking. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the property. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed 96 gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult uses. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident

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persons in attendance at one time. viii. Animal Handling, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single family dwelling unit. x. Beauty or barber shop with more than one (1) chair providing service. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with the sign regulations in the Zoning Code. o. All applicable permits from other governmental agencies have been obtained. p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection.

HOSPITAL A. Definition: An institution that offers health care services, facilities and beds for short or long term use by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy and may include offices for medical personal, central facilities such as pharmacies, medical laboratories and other related uses. B. Zoning District and Conditions: 1. Permitted with conditions in C-2 and C-3 with the following conditions: a. All buildings and structures shall be located a minimum of 50 feet from any property line in a residential Zoning District. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the City Engineer. d. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

HOTEL/MOTEL A. Definition: 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. Restaurants, banquet rooms, arcades, fitness centers and other amenities available to non-lodgers are considered separate primary uses. B. Zoning District and Conditions: 1. Permitted with conditions in TC, C-2 and C-3 with the following conditions: a. All buildings and structures shall be located a minimum of 100 feet from any property line in a residential Zoning District.

LIBRARY A. Definition: A building where collections of books and other materials are housed which is

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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. B. Zoning District and Conditions: 1. Permitted use in TC and C-1.

MANUFACTURING/PROCESSING A. Definition: 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. B. Zoning District and Conditions: 1. Permitted use in C-3 and I-1

MARINA, COMMERCIAL A. Definition: A mooring facility of six or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are provided, including boat tours. B. Zoning District and Conditions: 1. Conditional use in R-2 and C-2 with the following conditions: a. A Marina shall meet the following conditions as determined by the Zoning Administrator: i. The facility shall be compatible with the adjacent land and water uses. ii. Adequate water depth is available for the proposed facility without churning of bottom sediments. iii. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. iv. The facility will not affect the quality of water and the ecology of the lake. v. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. vi. Adequate sanitary and parking facilities will be provided in connection with the facility. b. Commercial Marinas are allowed only on riparian lots on General Development Lakes, by Conditional Use Permit in the R-2 or C-2 Zoning Districts. The lot and Commercial Marina shall comply with all applicable conditions listed this subsection, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. c. The minimum property size shall be one (1) acre. d. The lot shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Level and further meet the standards in parking section of the Zoning Code. In addition, a landscaping buffer shall be installed and maintained between the parking and the

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Ordinary High Water Level sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. e. The property shall have public bathrooms connected to municipal sanitary sewer as approved by the City. f. The property shall meet the impervious surface coverage requirements for a permitted commercial use in the Shoreland Overlay District. g. A bufferyard, Type C, as defined in the Zoning Code, shall be installed and maintained along any property line abutting a residential Zoning District. h. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. i. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips

MARINA, RECREATIONAL A. Definition: A mooring facility of seven or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are not provided. B. Zoning District and Conditions: 1. Conditional use in R-2 and C-2 with the following conditions: a. A Marina shall meet the following conditions as determined by the Zoning Administrator: i. The facility shall be compatible with the adjacent land and water uses. ii. Adequate water depth is available for the proposed facility without churning of bottom sediments. iii. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. iv. The facility will not affect the quality of water and the ecology of the lake. v. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. vi. Adequate sanitary and parking facilities will be provided in connection with the facility. b. Recreational Marinas are allowed only on riparian lots on General Development Lakes, by Conditional Use Permit in in the R-2 or C-2 Zoning Districts. The lot and Recreational Marina shall comply with all applicable conditions listed in this subsection, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. c. The minimum property size shall be one (1) acre. d. The allowable number of Boat Slips shall be determined by the Zoning Administrator based on the conditions identified in (a) above. e. The property shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Level. In addition, a landscaping buffer shall be installed and maintained between the parking

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and the Ordinary High Water Level sufficient to capture and filter all run-off from the parking. f. The property shall meet the impervious surface coverage requirements for a permitted commercial use in the Shoreland Overlay District. g. A bufferyard, Type C, as defined in the Zoning Code shall be installed and maintained along any property line abutting a residential Zoning District.

MEDICAL/DENTAL LABORATORIES A. Definition: The creation of individually produced and made to order medical and dental prosthetics 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. B. Zoning District and Conditions: 1. Permitted with conditions in C-2, C-3 and I-1 with the following conditions: a. The use shall not generate any fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located.

MEDICAL/DENTAL OFFICE A. Definition: The 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. B. Zoning District and Conditions: 1. Permitted use in TC, C-1, C-2 and C-3.

MICRODISTILLERY A. Definition: An establishment operating as a Microdistillery pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted use in TC. 2. Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential Zoning District. In the case of a multi-tenant building, the entrance will be measured from the collective building entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential Zoning District, the following additional conditions shall be met: i. All customer entrances to the building shall be through a vestibule area with an inside and outside door. ii. No outdoor amplified music, public address system, or outdoor special event is permitted.

MINING A. Definition: The extraction and removal of sand, gravel, or other earthen material from a

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parcel of land. B. Zoning District and Conditions: 1. Conditional use in A with the following conditions: a. Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100% opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way. b. The use shall not generate any lights, fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located. c. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. d. No storage of hazardous, explosive, or flammable materials in violation of the Minnesota State Fire Code. e. The site shall be kept neat and orderly.

MOTOR FUEL STATIONS A. Definition: 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. B. Zoning District and Conditions: 1. Conditional use in C-1 and C-2 with the following conditions: a. If the use is located in the C-1 Zoning District, hours of operation shall be between 6:00 a.m. and 11:30 p.m. b. All pump islands, air dispensers and other service devices shall be installed at least 12 feet from any property line, and no display, servicing of vehicles, or parking shall take place within the required yard. c. All parking and areas surfaced in asphalt or concrete shall meet the grading, design, and landscaping requirements of the City Code for off-street parking. d. All on-site utility installations shall be placed underground. e. Outside sale or display is permitted only for gasoline, seasonal items, and other goods consumed in the normal operation of a car, including but not limited to oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard, parking area, or drive aisle. f. No public address system shall be audible from any property located in a residential Zoning District. g. Canopies and canopy support systems shall be designed and constructed of materials which are compatible with the principal structure.

MOTOR VEHICLE SALES A. Definition: Display, sale and rental of motor vehicles, 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. B. Zoning District and Conditions:

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1. Conditional use in C-2 and I-1 with the following conditions: a. All vehicles stored on the premises shall be insured and operable. b. All outdoor lots for sales or rental shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the outdoor lot. c. The building and the lot for sales or rentals shall be on one contiguous property. d. All vehicles shall be located on hard surfaces at all times. The hard surfaces shall meet all of the landscaping and design requirements of the City Code for off-street parking. e. No outdoor public address system shall be audible from any parcel located in a residential Zoning District. f. All customer and employee parking shall be clearly designated and signed. g. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. h. No display or storage of motor vehicles shall be permitted on any public right-of-way. i. All parking, sales, rental, and storage lots shall be located a minimum of 100 feet from any property line in a residential Zoning District. j. Test driving shall be in accordance with all applicable federal, state and local laws and regulations.

MOTOR VEHICLE SERVICE AND REPAIR A. Definition: Repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving motor vehicles 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. B. Zoning District and Conditions: 1. Permitted with conditions in C-2, C-3 and I-1 with the following conditions: a. No public address system shall be audible from any property located in a residential Zoning District. b. All repair, assembly, disassembly and maintenance of vehicles shall occur inside the primary structure except tire inflation, changing wipers, installation of batteries or adding oil. c. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. d. The principal structure shall be located a minimum of 100 feet from any property line in a residential Zoning District. e. No test driving shall be permitted on any streets in a residential Zoning District. f. No car washes shall be permitted for public use. g. No outdoor storage will be permitted. h. No sales storage or display of used motor vehicles or recreational vehicles shall be permitted. i. No inoperable vehicles shall be stored outside the primary structure. j. All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

NURSERIES AND GREENHOUSES A. Definition: A business primarily engaged in providing services related to or conducting the

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retail sale of horticulture and floriculture products. These businesses typically produce their own stock. B. Zoning District and Conditions: 1. Permitted accessory use in A. 2. Conditional use in I-1 with the following conditions: a. All accessory plantings and gardens adjacent to a residential Zoning District shall meet the required building setback for the Industrial Zoning District; in all other instances, accessory plantings and gardens shall meet the required parking setback.

NURSING HOME A. Definition: A building or buildings licensed as a nursing home by the State of Minnesota and providing nursing care (as defined by Minn. Stat. Sec. 144A.014 as may be amended from time to time) to at least 70% of the residents. B. Zoning District and Conditions: 1. Permitted with conditions in R-2, R-3 and C-2 with the following conditions: a. In a C-2 Zoning District the use shall not be located on a “prime commercial property”. A prime commercial property is one that due to its location, street frontage, access, visibility, size and/or other features would be appropriate for a large and/or high traffic commercial use. b. The density shall not exceed 30 dwelling units per acre. c. The building design and placement must provide a residential environment with minimum exposure to noise and traffic. d. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. e. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. f. Buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. g. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Nursing Home/Senior Housing with Services Establishment. h. The development shall provide a lounge or other inside community room(s) providing a minimum of 15 square feet per unit.

OFFICE A. Definition: 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 medical or dental offices. Characteristics include high peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m. B. Zoning District and Conditions: 1. Permitted use in TC, C-1, C-2, C-3 and I-1.

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OUTDOOR SALES/DISPLAY A. Definition: 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. B. Zoning District and Conditions: 1. Permitted with conditions in TC with the following conditions: a. The items displayed must be directly related to the principal use. b. The area allowed for outdoor sales is limited to 30% of the gross floor area used for the display and sale of merchandise or goods in the principal use. c. All lighting must be hooded and positioned so the light source is not visible from the public right-of-way or from neighboring properties in a residential Zoning District and is compliant with the lighting regulations of the Zoning Code. d. Areas where outdoor sales occur must be hard surfaced with asphalt or concrete. 2. Permitted with conditions in C-2 and C-3 with the following conditions: a. No public address system shall be audible from any property located in a residential Zoning District. b. The site shall be kept neat and orderly. c. The use shall not be permitted within any required yard, bufferyard or landscaped area. d. This use shall be located a minimum of 100 feet from any property line in a residential Zoning District. e. The operator of the use shall not sell or trade exclusively in used merchandise, but shall have at least 1/3 of its stock on the site as new, unused merchandise. f. The items displayed must be directly related to the principal use. g. The entire site, other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in asphalt and concrete. h. String lighting is prohibited. i. The area of outdoor sales or rental lots used for storage and display of merchandise shall not exceed 500 square feet. j. A bufferyard Type B, as defined in the Zoning Code, shall be installed and maintained along all public right-of-ways. 3. Permitted with conditions in I-1 with the following conditions: a. The items displayed must be directly related to the principal use. b. The site shall be kept neat and orderly. c. The area allowed for outdoor sales is limited to 30% of the gross floor area used for the display and sale of merchandise or goods in the principal building.

OUTDOOR SEATING A. Definition: The use of an adjacent, outside area by a restaurant, brew pub, brewer taproom, cocktail room, small brewer or microdistillery for the same eating and drinking activities that occur within the establishment. B. Zoning District and Conditions: 1. Permitted with conditions in TC with the following conditions: a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom, cocktail room, small brewer or microdistillery. 2. Permitted with conditions in C-1 with the following conditions:

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a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom, cocktail room, small brewer or microdistillery. b. No speakers or other electronic devices which omit sound are permitted outside of the principal structure. c. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or 10% of the gross floor area of the building, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross floor area of the building, whichever is less. 3. Permitted with conditions in C-2 with the following conditions: a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom, cocktail room, small brewer or microdistillery. b. The use shall be separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant. c. No speakers or other electronic devices which omit sound shall be audible from any property located in a residential Zoning District. d. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 300 feet of any property line in a residential Zoning District. e. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or 10% of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross building area, whichever is less.

OUTDOOR STORAGE, CLASS I A. Definition: 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 storage 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. B. Zoning District and Conditions: 1. Permitted with conditions in C-3 with the following conditions: a. The items stored must be directly related to the principal use. b. Outdoor storage areas shall be screened from view of all adjacent property and public street. Outdoor storage areas shall be screened by a 100% solid fence or wall of at least six (6) feet in height. Privacy slats, wind screening or fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement.

c. All outdoor storage areas adjacent to a residential Zoning District shall meet the required building setback for the Industrial Zoning District; in all other instances outdoor storage shall meet the required parking setback.

2. Permitted with conditions in I-1 with the following conditions: a. The items stored must be directly related to the principal use. b. Storage areas shall be fully screened. Screening shall be 100% opacity in the form of fencing, landscaping, berming or some combination thereof from

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all property lines and abutting public rights-of-way. c. Stored materials shall not interfere with either on-site or off-site traffic visibility. d. All areas used for storage shall be surfaced in asphalt or concrete and a drainage plan for the site shall be approved by the City Engineer. e. All outdoor storage areas adjacent to a residential Zoning District shall meet the required building setback for the Industrial Zoning District; in all other instances outdoor storage shall meet the required parking setback.

OUTDOOR STORAGE, CLASS II A. Definition: 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 storage 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. B. Zoning District and Conditions: 1. Conditional use in C-3 with the following conditions: a. Outdoor storage areas shall be screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a 100% solid fence or wall of at least 6 feet in height. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. b. All outdoor storage areas adjacent to a residential Zoning District shall meet the required building setbacks for the Industrial Zoning District; in all other instances outdoor storage shall meet the required parking setback. c. Storage or parking of vehicles larger than one (1) ton capacity may be stored, provided that such vehicles are used in connection with a business located in the principal structure on-site and are screened from view of adjacent residential property and public streets in accordance with the landscaping and screening requirements of the Zoning Code. 2. Conditional use in I-1 with the following conditions: a. Outdoor storage areas shall be fully screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a minimum 98% opacity fence or wall of at least 6 feet in height. b. All outdoor storage areas adjacent to a residential Zoning District shall meet the required building setback for the Industrial Zoning District; in all other instances outdoor storage shall meet the required parking setback. c. Stored materials shall not interfere with either on-site or off-site traffic visibility. d. All storage areas shall be surfaced in asphalt or concrete, and a drainage plan for the site shall be approved by the City Engineer; exceptions may be granted in the CUP for situations that may not warrant paving or may allow an equivalent surface material based on conditions such as distance of the storage area from a public street or the use of the storage area.

PARKING LOT, FREESTANDING A. Definition: A hard surfaced area, typically asphalt or concrete where the principal use is the temporary parking of licensed, operable motor vehicles for periods of less than 24 hours at a time and which has a means of access to a public street.

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B. Zoning District and Conditions: 1. Conditional use in TC, TC-T, R-1, R-2 and R-3 with the following conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning District. b. The parking lot must be located within 500 feet of the existing nonresidential or recreational use. c. The parking lot must meet all the requirements for off-street parking in the Zoning Code. d. No storage of any kind is permitted on the property. e. No structures are permitted on the property.

PARKING LOT, ON-SITE A. Definition: A hard surfaced area, typically asphalt or concrete as an accessory to the principal use of the property for the temporary parking of licensed, operable motor vehicles for employees and customers for periods of less than 24 hours at a time. B. Zoning District and Conditions: 1. Conditional use in R-1, R-2 and R-3 with the following conditions: a. The parking lot must be accessory to an existing nonresidential or recreational use located within the same Zoning District. b. The parking lot must meet all the recruitments for off-street parking in the Zoning Code. c. No storage of any kind is permitted on the property. 2. Permitted with conditions in TC and TC-T with the following conditions: a. The parking lot shall be located to the side or rear of the principal building, not between the building and the right-of-way. b. Parking lots adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four (4) feet wide, containing a decorative fence or wall between two and a half (2½) and three (3) feet in height. c. One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right of way. d. The corners of the parking lot and all other areas not used for parking or vehicular circulation shall be landscaped with turf grass, native grasses or other perennial flowering plants, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15% of the total parking lot area, including a minimum of one deciduous shade tree per ten (10) parking spaces. Lawns or landscaped areas within ten (10) feet of the perimeter of the parking lot may be counted toward the required landscaping. 3. Permitted use in C-1, C-2, C-3 and I-1.

PARKING RAMP A. Definition: A structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours at a time. B. Zoning District and Conditions: 1. Permitted with conditions in TC with the following conditions: a. Ramp shall be located to the side or rear of the principal building, not between the building and the right-of-way. b. Parking ramps adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four (4) feet wide,

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containing a decorative fence or wall between two and a half (2½) and three (3) feet in height. c. One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right of way. d. The corners of lots containing parking ramps and all other areas not used for parking or vehicular circulation shall be landscaped with turf grass, native grasses or other perennial flowering plants, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15% of the total parking lot area, including a minimum of one deciduous shade tree per ten (10) parking spaces. Lawns or landscaped areas within ten (10) feet of the perimeter of the parking lot may be counted toward the required landscaping. 2. Permitted accessory use in C-3 with the following conditions: a. The ramp shall be an accessory to a permitted or conditional use on the property.

PARKS/OPEN SPACE A. Definition: A structure or area used for passive recreation including, but not limited to: hiking trails, natural areas, wild life areas, arboretums and open grass areas. B. Zoning District and Conditions: 1. Permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3 and I-1.

PARK/RECREATION A. Definition: A structure or land 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. B. Zoning District and Conditions: 1. Permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3 and I-1.

PLACE OF ASSEMBLY A. Definition: A structure or portion thereof where 20 or more persons congregate for religious, political or social purposes. Does not include a government structure or an educational establishment. B. Zoning District and Conditions: 1. Permitted use in A. 2. Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions: a. All buildings shall be located at least 30 feet from any property line in a residential Zoning District. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

POLE BUILDING A. Definition: A post frame construction building in which poles or timbers are inserted into the ground vertically, commonly at six (6) to ten (10) foot intervals with lateral supports, to form the primary support for the roof system and structure foundation. B. Zoning District and Conditions: 1. Permitted accessory use in A. 2. Conditional use in I-1 with the following conditions: a. The pole building will not alter the essential character of the neighborhood Page 59 of 255

or Zoning District. b. At least 60% of the use of the pole building will be designed for large space uses, including, but not limited to warehouse, large vehicle or equipment repair and building materials. c. The pole building will be designed to be durable for industrial uses. d. Pole buildings are not eligible to receive City public financing assistance related to economic development.

POLICE/FIRE STATION/AMBULANCE A. Definition: 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. B. Zoning District and Conditions: 1. Permitted with conditions in R-3, TC, C-1, C-2 and C-3 with the following conditions: a. Buildings shall be located a minimum of 25 feet from any property in a residential Zoning District. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the City Engineer.

PRINTING PROCESS A. Definition: A commercial or industrial printing operation involving a printing, imprinting, reproduction or similar process. Methods may include but are not limited to off-set printing, lithography, web offset, and flexography. B. Zoning District and Conditions: 1. Permitted use in C-3 and I-1.

PRIVATE ENTERTAINMENT, INDOOR A. Definition: Any building operated on a commercial basis for the purpose of recreation, amusement, entertainment or training, the use may include 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 any of which are located indoors, but excluding golf courses. B. Zoning District and Conditions: 1. Permitted with conditions in TC, C-2, C-3 and I-1 with the following conditions: a. The use shall be located a minimum of 60 feet from any property line in a residential Zoning District. b. The use shall provide a designated drop-off/pick-up area that is physically separated from truck loading/unloading areas. c. The number of necessary parking spaces will be based on the individual uses as designated in the off-street parking Section of the Zoning Code. d. All use activities shall be conducted within the principal structure e. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends.

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PRIVATE ENTERTAINMENT, OUTDOOR A. Definition: Any property operated on a commercial basis for the purpose of recreation, amusement, entertainment or training, the use may include but is not limited to, theatres, swimming pools, miniature golf courses, ice or roller skating, baseball, basketball, gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities, but excluding golf courses. B. Zoning District and Conditions: 1. Conditional use in A with the following conditions: a. Access to the site shall be from a major or minor collector or arterial street. b. The use shall be located a minimum of 100 feet from any property line in a residential Zoning District. c. The use shall provide a designated drop-off/pick-up area that is physically separated from truck loading/unloading areas. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5 a.m. to 11 p.m. on weekends. e. No outdoor public address system shall be audible from any parcel located in a residential Zoning District. f. The site shall be kept neat and orderly. g. Functioning restroom facilities shall be accessible on the property for all users during hours of operation. The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. h. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. i. Garbage receptacles shall be made available on the property and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. j. No light, sound, odor or vibration originating from the property shall be discernible at any abutting property line

PUBLIC SERVICE STRUCTURE A. Definition: Structures which include water towers, utility and public service related distribution facilities; and waste water and stormwater drainage structures, but exclude electrical 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. B. Zoning District and Conditions: 1. Permitted with conditions in A with the following conditions: a. No public service structure shall be located with 200 feet of any property line in a residential Zoning District. b. All services drives shall be surfaced in asphalt or concrete. c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and maintained along all public right-of-ways and along all property lines abutting a residential use district. . d. All outdoor storage areas accessory to the public service structure must be located a minimum of 50 feet from any property line. 2. Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions: a. All structures shall be located a minimum of 15 feet from any property line in a residential Zoning District. b. All service drives shall be surfaced in asphalt or concrete.

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c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and maintained along all property lines abutting a residential Zoning District. 3. Permitted with conditions in TC, C-1 and C-2 with the following conditions: a. All structures shall be located a minimum of 10 feet from any property line in a residential Zoning District. b. All service drives shall be surfaced in asphalt or concrete. 4. Permitted with conditions in C-3 and I-1 with the following conditions: a. All structures shall be located a minimum of 25 feet from any property line in a residential Zoning District. b. All service drives shall be surfaced in asphalt or concrete.

RADIO TRANSMITTERS, MICROWAVE AND COMMUNICATION TOWERS A. Definition: See City Code Section 1125. B. Zoning District and Conditions: See Subsection 707 and 1125.

RECREATIONAL DOME A. Definition: A translucent or opaque fabric structure supported by air. B. Zoning District and Conditions: 1. Conditional use in R-1, R-2, R-3 and I-1 with the following conditions: a. The dome must be accessory to an existing use located within the same Zoning District. b. No outdoor storage of any kind is permitted on the site. c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and maintained along on property lines abutting a residential Zoning District. d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends. e. All mechanical equipment shall be fully screened. f. All structures shall be located a minimum of 60 feet from any property line in a residential Zoning District, and the setback shall be increased by an additional foot for each one (1) foot in height that the structure exceeds 60 feet. g. No light or vibration originating from the structure or supporting equipment shall be discernible at the property line. h. The structure shall not exceed 75 feet in height. i. The structure shall be of a color that provides for maximum integration within its surroundings. j. The dome structure shall be fully insulated.

RECYCLING CENTER A. Definition: A center for the collection, processing or repair of recyclable materials for reuse in their original form or use in manufacturing processes. B. Zoning District and Conditions: 1. Permitted use in A.

RESEARCH AND TESTING LABORATORIES A. Definition: 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. B. Zoning District and Conditions: 1. Permitted in C-3 and I-1.

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RESTAURANTS AND CLUBS/LODGES A. Definition: An establishment whose principal business is the sale of food and beverages, with or without liquor, which are prepared and served in individual portions in a ready to consume state for consumption on site. It is preferably located on major thoroughfares with no access to residential streets. B. Zoning District and Conditions: 1. Permitted with conditions in TC and C-2 with the following conditions: a. Access shall be located so as to minimize access to and from local residential streets. b. Drive through, drive -in and outdoor pick up facilities are not permitted. c. Access to and from an outdoor area shall be through the indoor seating area. There shall be no direct access to an outdoor seating area from the parking lot or street. d. Food service to an outdoor area shall be provided during all hours of operations. e. No bar shall be located in an outdoor area, except a service bar for the exclusive use of the employees. f. No outdoor amplified music, public address system, or outdoor special event is permitted. g. All customer entrances shall be through a vestibule area with an inside and outside door and shall be located a minimum of 100 feet from any property line located in a residential Zoning District. In the case of a multi-tenant building, the entrance will be measured from the collective building entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

RETAIL A. Definition: 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, clothing stores, department stores, grocery stores, , discount stores, jewelry stores, liquor stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, motor vehicle sales, and motor fuel stations. B. Zoning District and Conditions: 1. Permitted use in TC, C-1 and C-2.

SCHOOL, PRE-K-12 A. Definition: An establishment primarily engaged in providing instructional services to elementary and secondary students with a curriculum that complies with State regulations. B. Zoning District and Conditions: 1. Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions: a. Access to the site shall be from a major or minor collector or arterial street as designated in the Comprehensive Plan. b. Buildings shall be located at least 100 feet from any dwelling on adjacent property c. A bufferyard Type C as defined in the Zoning Code shall be installed and maintained along any property line abutting a residential Zoning District.

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d. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

SCHOOL, BUSINESS/TRADE A. Definition: A post-secondary educational facility serving persons typically over the age of 17 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. B. Zoning District and Conditions: 1. Permitted in C-3 and I-1.

SELF-SERVICE STORAGE FACILITY A. Definition: 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. B. Zoning District and Conditions: 1. Conditional use in C-3 with the following conditions: a. Building shall have interior compartment doors only. No exterior access to individual compartments allowed. b. Maximum building height shall be two (2) stories or 35 feet, whichever is less. c. No areas on site shall be utilized as residential dwelling units. d. If the proposed building(s) are within 100 feet of an abutting property which is used or zoned residential, a minimum six (6) foot fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100% opacity in the form of a fence, wall, or berm along any residential zoning district. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. e. Trash, dock areas, and mechanical equipment shall be screened in accordance with the landscaping and screening requirements of the Zoning Code. f. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. g. No storage of hazardous, explosive, or flammable materials in violation of the Minnesota State Fire Code. h. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on the property. i. No amplified music/sound, nor wholesale or retail sales, nor garage sales are permitted. j. Exterior materials shall be in accordance with the design standards of the Zoning Code. Each building wall visible from off-site shall have a wall deviation at least every 40 feet that is a minimum depth of two (2) feet. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five (5) percent of each building façade can consist of bright or franchise colors. k. The site shall be maintained free of litter, odors, pests, and shall be cleaned of loose debris. l. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway.

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2. Permitted with conditions in I-1 with the following conditions: a. No compartment doors shall be allowed on a building façade which faces property in a residential zoning district.. b. No areas on site shall be utilized as residential living units c. Maximum building height shall be two (2) stories or 35 feet, whichever is less. d. If the proposed building(s) are within 100 feet of an abutting property which is used or zoned residential, a minimum six (6) foot tall fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100% opacity in the form of a fence, wall, or berm along any area visible from any property in a residential Zoning District. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. e. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. f. No storage of hazardous, explosive, of flammable materials is permitted. g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. h. Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted. i. Exterior materials shall be in accordance with the design requirements of the Zoning Code. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five (5) percent of each building façade can consist of bright or franchise colors. j. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway.

SENIOR HOUSING A. Definition: A building or buildings intended and operated for occupancy by persons 55 years of age or older, provided that at least 80 percent of the units are occupied by at least one person 55 years of age or older. B. Zoning District and Conditions: 1. Permitted with conditions in R-2 and R-3 with the following conditions: a. The density shall not exceed 30 dwelling units per acre. b. The building design and placement must provide a residential environment with minimum exposure to noise and traffic. c. Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided. d. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. e. The property must contain a minimum of 200 square feet of usable open space per dwelling unit. Alternatively, public parks or plazas within 300 feet of the property may be used to meet this requirement. f. A minimum of 25 percent of the usable open space on the property shall be developed as outdoor recreation or garden areas. g. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls.

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h. Buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. i. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for Senior Housing.

SENIOR HOUSING WITH SERVICES ESTABLISHMENT A. Definition: A building or buildings registered as a housing with services establishment by the State of Minnesota and providing supportive services or health-related services (both as defined by Minn. Stat. Sec. 144D.01 as may be amended from time to time) to at least 70% of the residents. B. Zoning District and Conditions: 1. Permitted with conditions in R-2, R-3 and C-2 with the following conditions: a. In a C-2 Zoning District the use shall not be located on a “prime commercial lot”. A prime commercial lot is one that due to its location, street frontage, access, visibility, size and/or other features would be appropriate for a large and/or high traffic commercial use. b. The density shall not exceed 30 dwelling units per acre. c. The building design and placement must provide a residential environment with minimum exposure to noise and traffic. d. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. e. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. f. Buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. g. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Nursing Home/Senior Housing with Services Establishment. h. The development shall provide a lounge or other inside community room(s) providing a minimum of 15 square feet per unit.

SERVICE A. Definition: On-site service provided directly to an individual; includes, but not limited to: barber shops, beauty shops, massage parlors, laundromats, and shoe repair shops. B. Zoning District and Conditions: 1. Permitted use in TC, C-1 and C-2.

SHOPPING CENTER A. Definition: 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. B. Zoning District and Conditions: Page 66 of 255

1. Permitted with conditions in TC with the following conditions: a. Shopping center shall be under 150,000 sq. ft. in gross floor area. b. Parking shall be provided on the property. 2. Permitted with conditions in C-1 and C-2 for shopping centers under 150,000 sq. ft. in gross floor area with the following conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. b. All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential Zoning District. 3. Conditional use in C-2 for shopping centers of 150,000 sq. ft. or greater with the following conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets. b. All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential Zoning District. c. Any in-vehicle sales or service included in a shopping center must comply with the conditions for in-vehicle sales or service. d. Outdoor sales/display, other than permitted as a Temporary Outdoor Display, shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and complies with the following additional conditions: i. The size of the outdoor sales/display area(s) may be no greater than 30% of the ground floor building area of the associated principal uses(s) and may be further restricted as deemed appropriate to the scale of the Shopping Center and associated indoor uses. ii. A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. iii. No outdoor sales/display items other than plant materials may extend above the height of the wall. iv. Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal building(s) and approved as part of the Conditional Use Permit. e. All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal "cart corrals". Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. f. Shopping centers may reserve at least 10% of required parking spaces as landscaped open space for a minimum of two years after issuance of the Certificate of Occupancy. At any time during the first two years or thereafter, such open space shall be converted to parking if the Zoning Administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may

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be waived by the Planning Commission if open space in excess of the minimum requirements is provided in other areas of the site. After two (2) years, the open space may be converted to parking if deemed necessary by the property owner(s). g. Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Planning Commission if one (1) or more of the following are provided: i. Proof of parking areas in excess of minimum required to be set aside as open space; ii. A written agreement to construct parking ramps or other means of satisfying parking requirements, when and if warranted as determined by the Zoning Administrator, based upon evidence of overflow parking on public streets, on neighboring off- properties, in fire lanes, or in other on-site areas that are not striped for parking; iii. Joint parking/shared parking arrangements between uses; iv. Off-site employee parking, employee car/van pooling, and/or provision of employee transit passes; v. Superior transit, pedestrian, and/or bicycle access and bicycle parking. h. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. i. Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single use buildings over 10,000 square feet and multiple use buildings over 15,000 square feet that are constructed after adoption of this Ordinance must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this requirement. Such bufferyard must include a minimum five (5) foot tall berm along its entire length, a double row of evergreen trees that are each a minimum of eight (8) feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. j. Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. k. Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of three to one (3:1); if the three to one (3:1) ratio is used, each building wall deviation must be a minimum depth of two (2) feet; if a two to one (2:1) building wall length to height ratio is used, the depth of each building wall deviation may be reduced to one (1) foot. l. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view. m. Shopping centers must include sidewalks along all public street right-of- ways and on-site pedestrian connections that are separated form parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. n. Shopping centers must provide either outdoor or indoor public plaza(s). Public plazas must have a minimum size of 10% of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall "food courts" are not included in public plaza areas. Outdoor public plazas shall be designed to

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break up large areas of parking and shall be accessible via landscaped pedestrian islands described in condition (m) above. o. The minimum property area is seven (7) acres.

SHOWROOM A. Definition: 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. B. Zoning District and Conditions: 1. Permitted use in TC for showrooms with 10,000 sq. ft. or less maximum floor area. 2. Permitted use in C-2, C-3 and I-1.

SMALL BREWER A. Definition: An establishment operating as a Small Brewer pursuant to City Code Section 301. B. Zoning District and Conditions: 1. Permitted use in TC. 2. Conditional use in C-2, C-3 and I-1 with the following conditions: a. Access to the use shall be from a roadway identified in the Comprehensive Plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets. b. All customer entrances to the use shall be located a minimum of 100 feet from any property line located in a residential Zoning District. In the case of a multi-tenant building, the entrance will be measured from the collective entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement. c. If the building housing the use is located less than 100 feet from any property line in a residential Zoning District, the following additional conditions shall be met: i. All customer entrances to the use shall be through a vestibule area with an inside and outside door. ii. No outdoor amplified music, public address system, or outdoor special event is permitted.

STABLE, COMMERCIAL A. Definition: A structure or land 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. B. Zoning District and Conditions: 1. Conditional use in A with the following conditions: a. The buildings in which animals are kept must be at least 100 feet from any property line.

STABLE, PRIVATE A. Definition: An accessory structure or land area that is designed, arranged, used, or intended to be used for the keeping of horses for the private use of the occupants of the dwelling and their guests, but in no event for hire. B. Zoning District and Conditions: 1. Permitted use in A.

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STATE LICENSED RESIDENTIAL FACILITY A. Definition: A State licensed 24 hour per day residential facility providing persons with care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment and resident staff who live together as a single housekeeping unit. The use includes 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, chemically dependent and severely physically handicapped. B. Zoning District and Conditions: 1. Permitted with conditions in A, R-S and R-1 with the following conditions: a. May serve no more than six (6) residents. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care. c. The dwelling unit structure shall provide one (1) bathroom for each four (4) persons under care. d. The dwelling unit structure shall provide one (1) bedroom for each two (2) persons under care. e. The use shall not be located within 1,500 feet of another state licensed residential facility. 2. Permitted with conditions in R-2 and R-3 with the following conditions: a. May serve no more than 16 residents. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care. c. The dwelling unit structure shall provide one (1) bathroom for each four (4) persons under care. d. The dwelling unit structure shall provide one (1) bedroom for each two (2) persons under care. e. The use shall not be located within 1,500 feet of another state licensed residential facility. f. Off-street drop off and loading areas must be provided which do not interfere with traffic and pedestrian movements.

STATE LICENSED NONRESIDENTIAL FACILITY A. Definition: A State licensed program providing care, supervision, rehabilitation, training of persons in a nonresidential, less than 24 hours per day setting, including adult day care. 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, chemically dependent and severely physically handicapped. B. Zoning District and Conditions: 1. Permitted with conditions in C-1 and C-2 with the following conditions: a. Buildings shall be located at least 50 feet from any dwelling on adjacent property. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

STUDIO A. Definition: 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 gymnastic and dance studios and studios for the martial arts. This use does

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not include large industrial photography or printing processes. B. Zoning District and Conditions: 1. Permitted in TC, C-1, C-2 and C-3.

TEMPORARY AGRICULTURAL COMMODITIES A. Definition: The temporary outdoor sale of Christmas Trees or other agricultural commodities. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, C-1, C-2, C-3 and I-1 with the following conditions: a. May be located within required yards; but not within 15 feet of any public right-of-way or where prohibited by traffic visibility regulations in the City Code. b. Shall not occur for more than 90 days within a calendar year on any parcel c. Shall not be permitted in any bufferyard.

TEMPORARY CONSTRUCTION STRUCTURE A. Definition: A temporary building or structure used for office and equipment storage incidental to an ongoing construction project on the parcel. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3 and I-1 with the following conditions: a. No construction structure, except a temporary sales trailer as allowed below, shall be permitted beyond the time 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 bufferyard. e. All construction structures must be removed before a final occupancy permit is issued.

TEMPORARY ON-SITE EQUIPMENT AND MATERIAL STORAGE A. Definition: On-site storage of equipment or materials related to an ongoing construction project on the parcel. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3 and I-1 with the following conditions: 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. e. Any land that will be used to store any equipment or construction materials for a period exceeding 120 days shall be screened from view from any properties within a residential Zoning District.

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TEMPORARY OUTDOOR SALES A. Definition: The display and sale or rental of merchandise or equipment outside of an enclosed building for a time not to exceed six (6) months in a calendar year on any parcel. B. Zoning Districts and Conditions: 1. Permitted with Conditions in TC, TC-T and I-1 with the following conditions: a. No merchandise or equipment shall be stored outdoors overnight. b. Temporary outdoor sales areas which exceed 100 square feet shall be permitted for a period not to exceed four (4) consecutive days or a total of 12 days in any calendar year. c. Temporary sales shall be allowed only if associated with a permitted retail business operating within a building on the parcel in which the same or similar merchandise if offered for sale. d. Temporary sales shall be permitted in required front, side, and rear yards unless prohibited by traffic visibility regulations in the City Code. e. Temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public right-of-way.

TEMPORARY POLLUTION ABATEMENT STRUCTURES AND EQUIPMENT A. Definition: Equipment or structures required to abate pollution on a parcel when the pollution abatement is required by the Minnesota Pollution Control Agency. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3 and I-1 with the following conditions: a. Pollution abatement structures and equipment 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 Zoning Administrator provided that a statement is provided to the Zoning Administrator 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 parcel. d. Structures shall meet all of the applicable architectural requirements of the Zoning District in which they are located. e. Any landscape materials which are displaced as a result of the structure or equipment shall be replaced when the structure or equipment is removed. f. A Letter of Credit shall be filed before the installation of any structure or equipment to ensure 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 six (6) months after the completion of the pollution abatement. Pollution abatement shall be considered to be complete when notice has been received from the Minnesota Pollution Control Agency stating the abatement has been completed.

TEMPORARY SALES TRAILERS A. Definition: A temporary structure within a residential development project for use as a sales or rental office for the units on the same site.

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B. Zoning Districts and Conditions: 1. Permitted with Conditions in R-1, R-2, and R-3 with the following conditions: a. The sales trailer shall be removed at build-out of the project or when a model home is constructed, whichever occurs earlier. 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 bufferyard 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.

TEMPORARY SEASONAL STRUCTURES OR TEMPORARY SEASONAL CABINS A. Definition: A structure used or intended to be used in a seasonal manner and removed or sealed for the off season. B. Zoning Districts and Conditions: 1. Permitted with Conditions in A, R-S, R-1, R-2, C-1, C-2, C-3 and I-1 with the following conditions: a. Seasonal structures may be used only for uses permitted within the underlying Zoning District. b. Seasonal structures shall not be permitted for a period of time exceeding six (6) months in a calendar year. 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 bufferyards. g. Approval of a site plan is required prior to the placement of any seasonal structures.

TRANSPORTATION FACILITY A. Definition: The storage or layover of passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving vehicles, or similar uses (typically includes parking, storage of vehicles, and may include some maintenance). Does not include parking of cars/vans/pickups that are accessory to a primary use. B. Zoning District and Conditions: 1. Permitted with conditions in I-1 with the following conditions: a. Parking areas shall be screened with fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights- of-way. b. No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas.

WAREHOUSE/STORAGE/DISTRIBUTION A. Definition: 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

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storage facilities. B. Zoning District and Conditions: 1. Permitted use in C-3 and I-1.

WASTE HAULER A. Definition: 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 Waste, as defined in Minnesota Statute 609.671, as may be amended from time to time. B. Zoning District and Conditions: 1. Permitted with conditions in I-1 with the following conditions: a. The property shall not abut any property in a residential Zoning District. b. Storage of materials outside a principal building or enclosed container is not permitted. Outdoor storage of containers is subject to the screening requirements of the Zoning Code.

WHOLESALE A. Definition: 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. B. Zoning District and Conditions: 1. Permitted with conditions in C-3 with the following conditions: a. The use shall occur entirely within an enclosed building. b. The use does not involve live animals. 2. Permitted use in I-1.

WIND GENERATORS A. Definition: A turbine having a large vaned wheel rotated by the wind to generate activity and extract usable energy from winds. B. Zoning District and Conditions: 1. Conditional use in I-1 with the following conditions: a. All structures shall be located a minimum of 300 feet from any property line in a residential Zoning District. b. All structures shall be located a minimum of 100 feet from any property line in all districts other than a residential Zoning District. c. No light, sound or vibration originating from the structure shall be discernible at any property line in a residential use district.

SECTION 1123 NONCONFORMITIES

SUBSECTIONS

1123.100: Purpose 1123.200: Nonconformities 1123.300: Nonconforming Property 1123.400: Nonconforming Use 1123.500: Nonconforming Structure Page 74 of 255

1123.600: Expansion of A Nonconforming Restaurant Use

1123.100: PURPOSE. The purpose of this Section is to provide for the eventual elimination of all nonconforming uses and other nonconformities by:

➢ Recognizing certain developments which lawfully existed prior to the effective date of the applicable provisions of the Zoning Code. ➢ Prohibiting the enlargement, intensification, expansion, rebuilding or extension of nonconformities. ➢ Provide criteria which provide for the reconstruction of nonconforming uses which are damaged by fire or other natural disaster. ➢ Encouraging the elimination of nonconformities or minimize their impact on adjacent properties. ➢ Requiring certain nonconformities either to comply with the Ordinance or terminate. ➢ Providing an equitable system for the termination of certain nonconformities.

1123.200: NONCONFORMITIES. All nonconformities are subject to the provisions of this Section as well as Minn. Stat. 462.357, Subd. 1e. If the provisions of this Section are in conflict with Subd. 1e, the more restrictive provision shall apply. Nothing in this Section shall be construed to permit a violation of any section of the City Code or the continuation of any nuisance, unsafe or unsanitary condition.

1123.201 General Requirements. A legal nonconformity existing at the time of the applicable provisions of the Zoning Code may be continued only as follows:

(1) Damaged or Destroyed Structures. If the cost to repair a nonconformity involving a damaged structure is more than 50% of the County Assessor’s market value of the structure at the time of the damage, the structure shall be removed or made to conform to the Zoning Code within 12 months of the occurrence of the damage; except that if the structure is legally nonconforming and the structure is destroyed by fire or other natural disaster the structure 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 the Zoning Code. 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

(2) Reduction In Nonconformity. Any nonconformity which is reduced in size, intensity or otherwise becomes more conforming may not again expand or become less conforming. Removal of a structure, relocation, reduction, or elimination of any site element, such as outdoor storage, is a reduction in intensity.

(3) Conditional Use Permits. The City may not issue a Conditional Use Permit for any property which contains a nonconformity unless the nonconformity is removed as a condition of the Conditional Use Permit.

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(4) Nonconforming Signs. All nonconforming signs must be brought into compliance with the Zoning Code or removed within one (1) year from the effective date of the applicable provisions of the Zoning Code.

(5) Nonconforming Parking. Any land use which does not provide the number of parking spaces required by the Zoning Code may remain as a nonconformity; however, the land use may not be expanded or intensified unless it provides the parking spaces required under the Zoning Code for the expansion or intensification. A use will be considered to be expanded or intensified if any of the following occur:

➢ The floor area is increased. ➢ The parking requirement is increased. ➢ The building bulk is increased. ➢ The Zoning Administrator determines the use has expanded or intensified.

(6) Side Yard Setback. a. Nonconforming lots of record in the R-1 and R-2 Zoning Districts may have side yards of not less than five (5) feet if the following criteria are met:

➢ The sum of the side yards on the nonconforming lot is at least fifteen (15) feet. ➢ No yard encroachments, as permitted below, are located within five (5) feet of an adjoining lot. ➢ A minimum separation of fifteen (15) feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot.

b. Nonconforming lots of record in the R-1 and R-2 Zoning Districts may have side yards of not less than five (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.

1123.300: NONCONFORMING PROPERTY. Any property which does not conform with the lot area, lot depth and/or lot width requirements of the Zoning District in which the property is located shall not be a buildable lot unless the property qualifies under one of the provisions in this subsection. The requirements outlined herein are intended to define the conditions under which a nonconforming property may be developed without a variance. Development on nonconforming property which do not comply with these criteria may only be considered after application for, and approval of, appropriate variances.

1123.301 Purpose. The purpose of regulating development on substandard property is to coordinate development to ensure environmentally sensitive development, ensure compatibility with surrounding existing development and to allow for combination of property to the extent possible. Page 76 of 255

1123.302 Existing Structure. A parcel which does not conform with the lot area or lot width requirements of the Zoning District in which the parcel is located shall not be a buildable lot unless the parcel already contains an occupiable structure.

1123.303 Combine Lots. A structure on a parcel which does not meet the area or width requirement of the Zoning Code shall not be expanded or enlarged unless the parcel is combined with one or more abutting lots or parcels to create a lot meeting the requirements of the Zoning Code.

1123.304 Lot of record – Generally. A lot of record outside of the Shoreland Overlay District is buildable only subject to the following requirements:

(1) A lot of record as of June 1, 2009 in the R-1 or R-2 Use District, which does not meet the area and/or the width requirements of the Zoning Code may be utilized for single family detached dwelling purposes if the dimensions of its area and width are at least 67% of the requirements of the Zoning Code.

(2) Any single family detached dwelling which exists on June 1, 2009, the effective date of this subsection, 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 the building otherwise conforms with the provisions of the Zoning Code. 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.

(3) Two or more contiguous nonconforming lots of record under single ownership shall be considered to be one parcel for the purpose of the Zoning Code, and no portion of said parcel shall be used or sold separately unless each separate parcel can meet the lot area and lot width requirements.

(4) 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

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Commission shall hold a public hearing on the request upon receipt of an application and following the notice requirements for a variance pursuant to the Zoning Code. In evaluating the application, the Planning Commission shall not apply the criteria for variances but instead 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.

1123.305 Lot of record – Shoreland.

(1) All Areas: Development of all nonconforming lots of record in the Shoreland Overlay District existing upon the effective date of the applicable provisions of the Zoning Code shall comply with the following: a. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, only if it meets the following requirements: (i) The lot must be at least 67 percent of the dimensional standard for lot width and lot area; (ii) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; (iii) Impervious surface coverage must not exceed 30 percent of each lot; and (iv) Development of the lot must be consistent with an adopted comprehensive plan. b. A lot subject to paragraph (1) not meeting the requirements of paragraph (a) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. c. Notwithstanding paragraph (b), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system, or connected to a public sewer. d. In evaluating all variances, zoning and building permit applications, or interim or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. e. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(2) Sewered Areas: In addition to the regulations above for development of a nonconforming lot of record in the Shoreland Overlay District, a nonconforming lot of record in the Shoreland Overlay District existing upon the effective date of the applicable provisions of the Zoning Code in a residential district, located adjacent to a General Development or Recreational Development Lake may be Page 78 of 255

utilized for single-family detached dwelling purposes, only provided that all of the conditions of this subsection apply:

a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet. b. The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development. c. The lot was created compliant with official controls in effect at the time. d. The development plans shall be in conformance with the policies for residential development as outlined in the Comprehensive Plan. e. The development plan shall not exceed thirty percent (30%) impervious surface coverage. f. Development shall be in conformance with the erosion and sediment control requirements of the City Public Works Design Manual. g. A complete grading and drainage plan shall be submitted to the City Engineer for review. Such plans shall be prepared in accordance with the City Public Works Design Manual. h. The lot and proposed structure shall meet all other performance standards of the zoning and building codes.

1123.306 Nonconformity as a Result of Government Action. If a governmental body takes land by exercise of its right of eminent domain and by that taking creates a parcel which does not conform to the width, area, or yard requirements of the Zoning Code, the nonconforming parcel shall become a legal nonconforming parcel and may be used thereafter only by complying with the provisions of this Section. The same nonconforming status of the parcel will result if the governmental body acquired the land by negotiation rather than by condemnation.

If the owner of a property which becomes a legal nonconforming parcel as the result of a governmental taking applies for a variance to reinstate the legal status to the property, the governmental taking shall constitute a hardship for the purpose of the variance.

1123.400: NONCONFORMING USES.

1123.401 Generally. Pursuant to Minn. Stat. 462.357, Subd. 1e, a legal nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Intensification shall include, but not be limited to, increased hours of operation, expansion of the use to a portion of the property not previously used, expansion of a parking area and increased number of employees.

1123.402 Termination of Rights Through Discontinuance. If a legal non-conforming land use terminates operations or use for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use shall be deemed discontinued and all nonconforming rights are terminated and any future use of the land must comply fully with the Zoning Code.

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Other evidence of discontinuance of the operation or use includes, but is not limited to, the following factors:

➢ Filing of a petition for tax abatement; ➢ Notice of tax forfeiture; ➢ Disconnection of utilities; ➢ Boarding up and securing of building; ➢ Voluntary destruction of the building or property; ➢ Voluntary change to a conforming land use; ➢ Unpermitted and illegal change from one non-conforming land use to another; ➢ Change in business practices; ➢ Lease or conveyance of property for a different use, including sublease of the premises for another non-conforming use or the same use conducted by another tenant;

1123.403 Permitted Construction. Construction is permitted for a nonconforming use on a property only under the following circumstances:

➢ Where a legal nonconforming land use exists and where the construction is determined by the Building Official to be necessary to bring the building into compliance with applicable health and safety codes. ➢ Where the construction would allow additions and alterations to buildings containing legal nonconforming residential units provided they comply with the following:

• The construction will not result in an increase in the number of dwelling units.

• The building (parcel) is not located in an area which the Council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be redeveloped and may include timeliness and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structures and other similar activities.

1123.404 Reduction in Intensity. A nonconforming land use may be changed to a less intense nonconforming land use subject to approval by the Zoning Administrator. The property owner or tenant has the burden of providing evidence that the proposed land use is less intense than the existing nonconforming land use. The Zoning Administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to each of the following factors:

➢ Hours of Operation; ➢ Signage; ➢ Off-street parking and loading;

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➢ Nature of business operations; ➢ Type of equipment or machinery; ➢ Outdoor storage; ➢ Number of employees; ➢ Aesthetic impacts on surrounding property; ➢ Property values.

1123.500: NONCONFORMING STRUCTURE.

1123.501 Generally. Pursuant to Minn. Stat. 462.357, Subd. 1e, a legal nonconforming structure may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Expansion shall include, but not be limited to:,larger footprint, increased number of floors, and increased impact on setbacks, yards or bufferyards.

1123.502 Termination of Rights Through Discontinuance. If a legal nonconforming structure is destroyed and/or unusable for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use of the structure shall be deemed discontinued and all nonconforming rights are terminated and the structure must be brought into compliance with the Zoning Code.

Other evidence of discontinuance of use of the structure includes, but is not limited to, the following factors:

➢ Filing of a petition for tax abatement; ➢ Notice of tax forfeiture; ➢ Disconnection of utilities; ➢ Boarding up and securing of building; ➢ Voluntary destruction of the building or property; ➢ Voluntary change to a conforming structure; ➢ Unpermitted and illegal change from one nonconforming structure to another; ➢ Change in business practices; ➢ Lease or conveyance of property for a different use, including sublease of the premises for another non-conforming use or the same use conducted by another tenant;

1123.503 Permitted Construction. Only in the following cases, is construction permitted on or within a legal nonconforming structure:

➢ Construction which is determined by the Building Official to be necessary to bring the structure into compliance with applicable health and safety codes. ➢ Construction which does not extend, expand or intensify the nonconformity. ➢ Routine maintenance and non-structural alterations and repairs that do not extend the useful economic life of the structure.

1123.504 Reduction in Intensity. A nonconforming structure may be changed to a less intense nonconforming structure subject to approval by the Zoning Administrator. Page 81 of 255

The property owner or tenant has the burden of providing evidence that the proposed structure is less intense than the existing nonconforming structure. The Zoning Administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to each of the following factors:

➢ Footprint; ➢ Number of floors; ➢ Impact on setbacks, yards or bufferyards; ➢ Quality or aesthetic improvements;

1123.600 EXPANSION OF A NONCONFORMING RESTAURANT USE. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below.

(1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in this subsection based upon the following findings:

a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety.

b. Property legally described as Lot 20, Green Heights First Addition, Lying East of a Line Commencing 50 feet East of the South Corner Northwest to a Point 63 Feet Northeast of the Northwest Corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 (“Project Site A”) has a nonconforming use due to the principal building’s lake setback and its first floor elevation in the floodplain. The lot is conforming in the Shoreland District by meeting zoning minimum lot dimensional standards for the Medium Density Residential (R-2) Zoning District.

c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Zoning District with a 75-feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000 square foot minimum

d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant.

e. An application was received by the City of Prior Lake from the Developer to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”).

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(2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off-street parking, 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 the City Code.

(3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions:

a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance.

b. Project Site B shall always be used in conjunction with Project Site A.

c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the Ordinary High Water Level of Upper Prior Lake.

d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line.

e. No deck area shall encroach upon the Ordinary High Water Level elevation.

f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent.

g. A minimum of 80 off-street parking stalls shall be provided on the Project Site.

h. The restaurant/bar operations shall be limited to the following hours: Monday-Thursday = 11:00 a.m. to 11:00 p.m.; Friday-Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday.

i. The restaurant/bar operations shall be allowed extended Holiday hours on up to eight (8) calendar dates per year. i) A schedule of up to eight (8) Holidays shall be provided to the City Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; ii) Indoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00 a.m.; and iii)Outdoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 12:00 midnight.

a. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor.

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k. The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use.

l. The parking lot on Project Site B shall be designed for a maximum of 30- 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the City’s bufferyard Type C requirements, allowing plantings to be off-site on neighboring properties, if necessary.

m. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. All outdoor music shall be subject to City Code Section 307 relating to Public and Private Gatherings except for outdoor amplified dinner music, live or otherwise (“Dinner Music”), which shall be permitted subject to the following conditions: i) Dinner Music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday; ii) Dinner Music may only be played twenty (20) days per year; iii) iv) Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at a distance of one hundred (100) feet from the event site; iv) Dinner Music is subject to City Code Section 605 relating to Public Nuisances; v) A schedule of Dinner Music dates shall be provided to the City Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; and vi) If Dinner Music violates any provision of this Section or any other provision of the City Code in the City Council’s sole discretion, the City Council may immediately prohibit all future Dinner Music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the City Council in the City Council’s sole discretion.

n. A minimum of 10, designated off-street employee parking stalls shall be provided on the Project Site.

o. All other City Code regulations not exclusively specified herein shall be followed.

SECTION 1124 ADULT USES

SUBSECTIONS

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1124.100: Purpose, Intent and Findings 1124.200: Definitions 1124.300: Sexually Oriented Use 1124.400: Conditional Use

1124.100 PURPOSE, INTENT AND FINDINGS

1124.101 Purpose and Intent. In order to protect the City's community image, property values, public health, safety, welfare and business environment, the City has found it necessary to restrict which businesses may be located within the City, and to regulate certain businesses. Only those businesses with potential secondary impacts on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art.

1124.102 Findings.

(1) The City of Prior Lake has reviewed a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses" dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota; the Olmsted County Planning Department "Adult Entertainment Report" dated March 2, 1988; and "A 40-acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually-oriented businesses.

(2) The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually-oriented businesses adjacent to residential property." The report concludes that:

a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;

b. Residential neighborhoods located within close proximity to adult theaters, bookstores, and other sexually-oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership;

c. The adverse impacts which sexually-oriented businesses have on surrounding areas diminish as the distance from the sexually-oriented use increases;

d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually-oriented uses are

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rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior;

e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually-oriented businesses.

f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses;

g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and

h. The Indianapolis, Indiana, study established that professional real estate appraisers believe that a sexually-oriented business would have a negative effect on the value of both residential and commercial properties within a 1 to 3 block area of the use.

(3) The Prior Lake City Council finds that characteristics of Prior Lake are similar to those of the cities cited by the Reports when considering the effects of sexually- oriented uses. Based on these Reports, the City Council finds that adult uses can cause or are associated with adverse secondary effects upon pre-existing land uses.

➢ In City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51, 106 S. Ct. 925, 931, 89 L.Ed.2d 29 (1986), the United States Supreme Court found that a city may rely on the experience of other cities to determine whether certain businesses have adverse secondary effects. ➢ In ILO Investments, Inc., 25 F3d 1413 (8th Cir. 1994), the Court found that it was permissible for the City of Rochester to rely on studies conducted in Indianapolis, St. Paul and Phoenix.

(4) The Prior Lake City Council finds, based upon the Reports and studies cited therein, that sexually-oriented businesses may result in secondary effects upon certain pre-existing land uses within the City.

(5) The Prior Lake City Council finds the risk of public health and safety problems can be significantly reduced by careful regulation of sexually-oriented businesses.

1124.200 DEFINITIONS. Whenever the words or terms are used in this Section, whether or not capitalized, they shall have such meanings herein ascribed to them unless the context makes such meaning repugnant thereto

Sexually-Oriented Businesses. A sexually-oriented business is any business in which a sexually-oriented use comprises more than five (5) percent of the floor area of the establishment in which it is located or comprises more than ten (10) percent of the gross receipts of the entire business operation.

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Sexually-Oriented Materials. Sexually-oriented materials are any materials depicting a specified anatomical area or specified sexual activity.

Specified Anatomical Area. Less than completely or opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. An act of any or all of the following:

a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or

c. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s); or

e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or the physical restraint of any such persons; or

f. Erotic or lewd touching, fondling, or other sexual oriented contact with an animal by a human being; or

g. Human excretion, urination, masturbation, vaginal or anal irrigation.

1124.300 SEXUALLY-ORIENTED USE. A sexually-oriented use is any of the following described activities and/or businesses:

Body Painting Studio. An establishment or business which provides the service of applying paints or other substance, whether transparent or non- transparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, video tape or motion picture film if such building or portion of a building is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the presentation, display, Page 87 of 255 depiction, or description of specified sexual activities or specified anatomical areas.

Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

Companionship Establishment. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

Health/Sport Club. A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

Hotel or Motel. A hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Massage Parlor/Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides services of massage, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

Mini Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing the sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image- producing devices are maintained to show images to 5 or fewer persons per

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machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Motion Picture Theater. A building or portion of a building with a capacity of more than 50 persons used for presenting material where such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observations by patrons therein.

Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

Sauna. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

Steamroom/Bathhouse Facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steamroom/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.

1124.400 CONDITIONAL USE

1124.401 Sexually-oriented businesses are Conditional Uses in the TC, C-2 and I-1 Zoning Districts, subject to all applicable provisions of the City Code including but not limited to the performance standards and procedures in Zoning Code and the following conditions:

(1) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed directly below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property line of the two uses. The distance requirement applies to the following:

➢ property developed or zoned for residential uses; or ➢ property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution or other public recreational facility.

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(2) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually-oriented business.

(3) No owner, manager or employee may sell or display for sale any sexually- oriented materials except in original unopened packages.

(4) No owner, manager or employee of a sexually-oriented business shall have been convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse.

(5) No owner, manager or employee of a sexually-oriented business shall allow any sexually-oriented materials or entertainment to be used on any sign or window display.

(6) No owner, manager or employee of a sexually-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Prior Lake, the laws of the State of Minnesota, or the United States of America. Nothing in this Section shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(7) The owner, manager and employee shall assure that no person under the age of 18 enters the premises.

(8) No owner, manager or employee shall allow any sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business.

(9) No owner, manager or employee shall allow any person under the age of 18 to have access to sexually-oriented materials, whether by sight, purchase, touch or any other means.

(10) Each business shall display a sign on its main entrance door which reads: "This business sells sexually-oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of two (2) inches high.

(11) No business shall exceed 10,000 square feet in gross floor area.

(12) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself.

(13) Each live performer shall remain at all times a minimum distance of ten (10) feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least 2 feet from the level of the floor on

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which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience.

(14) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are use solely for the running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices.

(15) The business and the owner must be licensed as required by any federal, state or local licensing regulations.

1124.402 Sexually-oriented businesses are Conditional Uses in the A Zoning District, subject to all applicable provisions of the City Code including but not limited to the performance standards and procedures in Zoning Code and the following conditions:

(1) The use must be located on a separate lot having a minimum area of 40 acres and a minimum width of 500 feet.

(2) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed in the paragraphs directly below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of two uses. The distance requirement applies to the following:

➢ property developed or zoned for residential uses; or ➢ property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution, or other public recreational facility.

(3) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually-oriented business.

(4) No owner, manager or employee of a sexually-oriented business shall have been convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse.

(5) No owner, manager or employee of a sexually-oriented business shall allow any sexually-oriented materials except in original unopened packages.

(6) No owner, manager or employee of a sexually-oriented business shall allow any sexually-oriented materials or entertainment to be used on any sign or window display.

(7) No owner, manager, or employee of a sexually-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the

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City of Prior Lake, the laws of the State of Minnesota, or the United States of America. Nothing in this Section shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(8) The owner, manager and employee shall assure that no person under 18 years of age enters the premises.

(9) No owner, manager or employee shall allow any sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business.

(10) No owner, manager or employee shall allow any person under 18 years of age to have access to sexually-oriented materials, whether by sight, purchase, touch or any other means.

(11) Each business shall display a sign on its main entrance door which reads: "This business sells sexually-oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of 2 inches high.

(12) No business shall exceed 10,000 square feet in gross floor area.

(13) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself.

(14) Each live performer shall remain at all times a minimum distance of 10 feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least 2 feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience.

(15) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are use solely for the running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices.

(16) The business and the owner must be licensed as required by any federal, state or local licensing regulations.

SECTION 1125 COMMUNICATION TOWERS

SUBSECTIONS

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1125.100: Purpose and Intent 1125.200: Definitions 1125.300: Application and Scope 1125.400: Building Permit Required 1125.500: Zoning Districts 1125.600: Height Restrictions 1125.700: Setbacks and Siting 1125.800: Lighting 1125.900: Signs and Advertising 1125.1000: Design 1125.1100: Accessory Equipment Shelters 1125.1200: Abandoned or Unused Tower or Portions of Towers 1125.1300: Co-Location 1125.1400: Exceptions

1125.100: PURPOSE AND INTENT. In order to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the community, the City Council finds these regulations are necessary to:

(1) Maximize the use of existing and approved towers and buildings to accommodate new equipment in order to reduce the number of new towers necessary to serve the community. (2) Ensure towers are designed, located and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the tower through structural standards and setback requirements. (3) Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of towers.

1125.200: DEFINITIONS.

Equipment. Any tangible asset placed upon a tower, including, but not limited to, conduits, cables, wires, antennae, dishes and other attachments.

Tower. Any ground or roof mounted pole, spire, structure or combination thereof, and any attached equipment, which is taller than 10 feet.

1125.300: APPLICATION AND SCOPE. Except as otherwise stated herein, this Section applies to all towers except for those towers located in the right-of-way which are governed by City Code Section entitled “Right-of-Way Management”.

1125.400: BUILDING PERMIT REQUIRED. No tower or equipment shall be constructed, altered or expanded without first obtaining a building permit.

1125.500: ZONING DISTRICTS. Towers are allowed as Permitted with Conditions in all Zoning Districts subject to the conditions and requirements of this Section.

1125.600: HEIGHT RESTRICTIONS.

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1125.601 Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all equipment. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restriction of this subsection.

1125.602 Maximum Height. Except as provided below, maximum heights for towers are as follows: (1) In all Residential Zoning Districts towers shall not exceed 45 feet. (2) In all Town Center Zoning Districts towers shall not exceed 45 feet. (3) In all Commercial, Business and Industrial Zoning Districts towers shall not exceed one (1) foot for each four (4) feet the tower is setback from the nearest lot line in a Residential Zoning District up to a maximum of 52.5 feet. (4) In all Agricultural Zoning Districts towers shall not exceed one (1) foot for each four (4) feet the tower is setback from the nearest lot line in a Residential Zoning District up to a maximum of 112.5 feet.

1125.603 Exceptions. The following are exceptions to the maximum height restrictions for towers: (1) Amateur Radio Antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers supporting amateur radio antennas that comply with all other requirements of this Section are exempted from the height limitations of this subsection up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals. Subject to approval of a Conditional Use Permit, the Planning Commission may permit heights above the 70-foot height limitation if deemed necessary to permit reasonable use of an FCC license. (2) Conditional Use Permit. Subject to approval of a Conditional Use Permit, the Planning Commission may permit heights in excess of those set forth in this Section upon determining that the proposed height is reasonably necessary.

1125.700: SETBACKS AND SITING. Towers shall conform to each of the following minimum setback requirements: (1) In all Residential Zoning Districts the required setback for a tower shall be equal to the height of the tower including all equipment. (2) In all districts other than Residential Zoning Districts towers shall meet the principal structure setbacks of the underlying Zoning District with the exception of the I-1 Zoning District, where towers may be located five (5) feet from the rear property line, provided that the rear property line abuts another property in the I-1 Zoning District and the tower does not encroach on any drainage or utility easements. (3) No more than one tower may exist at any one time on a property in a Residential Zoning District. (4) Towers shall not be located in any drainage or utility easement absent written permission from the holder of the easement. (5) Towers shall not be located between a principal structure and a public street, with the following exceptions:

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➢ In the I-1 Zoning District, towers may be placed within a side yard abutting a street if the street is abutted on both sides by the Industrial Zoning District. ➢ On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. (6) Subject to approval of a Conditional Use Permit, the Planning Commission may permit reduction of a tower's setback or variation of a tower’s location to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device, or similar structure.

1125.800: LIGHTING. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate parking lots or other similar areas may be attached to the tower.

1125.900: SIGNS AND ADVERTISING. No sign, advertising or identification of any kind intended to be visible from the ground or other structure is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State or local authorities.

1125.1000: DESIGN. Towers and equipment shall meet the following requirements: (1) Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of building materials, colors, texture, screening, landscaping and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. (2) Towers shall be of a monopole design. Alternative designs which would better blend into the surrounding environment may be approved by the Planning Commission through a Conditional Use Permit. (3) Towers shall be designed and constructed in a manner that ensures no light, sound or vibration originating from the tower is discernible at the lot line of any property in a Residential Zoning District.

1125.1100: ACCESSORY EQUIPMENT SHELTERS. Equipment shelters are permitted as an accessory use to a tower subject to the following regulations: (1) An equipment shelter shall not exceed 336 square feet in area. (2) Exterior building materials for equipment shelters shall be brick or a material which simulates the appearance of a brick fascia and shall be architecturally compatible with the surrounding area. (3) Equipment shelters must meet the setbacks of the underlying Zoning District, except that setbacks between equipment shelters may be varied so long as the proximity does not create a health or safety issue. (4) There shall be no outside storage permitted as part of the equipment shelter. (5) In order to avoid unsightliness and to mitigate against possible diminution in property values, the location and placement of an equipment shelter shall be subject to site plan review. The site plan must receive approval of the Community Development Director, the City Engineer and the Building Official.

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1125.1200: ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS. Abandoned or unused towers or equipment or portions thereof shall be removed as follows: (1) All abandoned or unused towers and equipment shall be removed within 12 months of the cessation of operations at the site. If the tower is leased, a copy of the relevant portions of a signed lease which required the applicant to remove the tower and equipment upon cessation of operations at the site shall be submitted at the time of application for a building permit. In the event a tower or equipment is not removed within 12 months of the cessation of operations at the site, the tower and equipment may be removed by the City and the costs of removal may be assessed to the property owner. (2) After the tower and/or equipment are removed, the site shall be restored to its original or an improved state.

1125.1300: CO-LOCATION. All towers shall comply with the following requirements: (1) A new tower will not be approved unless the applicant demonstrates that the equipment cannot be accommodated on an existing tower or that a good faith effort to co-locate on existing towers was made, but an agreement could not be reached. (2) All towers shall be designed and constructed to accommodate future co- location of equipment unless the applicant demonstrates that such design or construction is impractical. The applicant shall state in its application that it shall use good faith efforts to permit co-location provided the additional user agrees to reasonable terms and the additional equipment will not have a demonstrable negative impact on structural integrity or service.

1125.1400: EXCEPTIONS. The regulations in this Section shall not apply to public safety towers.

Section 4. City Code Section 1103 “Overlay Districts” is deleted in its entirety.

Section 5. City Code Section 1104 “Shoreland Regulations” is deleted in its entirety and replaced with new Section 1130 “Shoreland Regulations” to read as follows:

SECTION 1130 SHORELAND REGULATIONS

SUBSECTIONS

1130.100: Overlay 1130.200: General Provisions 1130.300: Designation of Types of Land Use 1130.400: Zoning Provisions 1130.500: Shoreland Alterations 1130.600: Special Provisions for Commercial, Industrial, Public/Semi-Public, Agricultural and Forestry 1130.700: Water Supply and Sewage Treatment

1130.800: Planned Unit Developments (PUDs)

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1130.100: OVERLAY. The Shoreland Overlay District is a district that encompasses one or more underlying Zoning Districts and that imposes additional requirements above those required by the underlying Zoning District. The Shoreland Overlay District includes all areas defined as “Shoreland” by the Zoning Code.

1130.200: GENERAL PROVISIONS.

1130.201 Statutory Authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes, chapter 103F, Minnesota Code of Agency Regulations, parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, chapter 462.

1130.202 Policy. The uncontrolled use of shorelands of the City of Prior Lake affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility is hereby recognized by the City of Prior Lake.

1130.203 Riparian Definition. For purposes of the regulations in this Shoreland Section of the Zoning Code only, riparian includes all property which is located in whole or in part within 75 feet of the Ordinary High Water Level of a protected water listed in Section 1130.301.

1130.300: DESIGNATION OF TYPES OF LAND USE.

1130.301 Shoreland Management Classification. In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified by the Commissioner of Natural Resources according to the DNR Protected Waters Maps for Scott County as follows:

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Natural Environment Lakes DNR ID No. OHWL 1. Howard Lake 70007300 957.2

2. Pike Lake 70007600 820.5

3. Unnamed (Arctic Lake) 70008500 906.7

4. Keup's Lake (Mystic Lake) 70007900 960.0

5. Hass Lake 70007800 907.3

6. Campbell Lake 70005600 925.5

7. Crystal Lake 70006100 943.3

8. Rice Lake 70006000 945.0

9. Cleary Lake 70002200 937.8

Recreational Development Lakes DNR ID No. OHWL 1. Markley Lake 70002100 893.2

2. Unnamed (Blind Lake) 70005300 948.7

3. Unnamed (Jeffers Pond) 70007700 866.1

General Development Lakes DNR ID No. OHWL 1. Spring Lake 70005400 912.8

2. Lower Prior Lake 70002600 903.9

3. Upper Prior Lake 70007200 903.9

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Public Water Watercourse Legal Description (From) Legal Description (To)

1. Unnamed to Upper Prior Lake Township 114N, Township 114N, (Spring Lake Outlet) Range 22W, Section 4 Range 22W, Section 3 2. Channel to Lower Prior Lake Township 115N, Township 115N, Range Range 22W, Section 35 22W, Section 35 3. Unnamed Tributary (Prior Lake Township 115N, Township 115N, Range Outlet Channel) Range 22W, Section 27 22W, Section 14

1130.302 Shoreland District. The Shorelands of the City of Prior Lake are hereby designated as a Shoreland Overlay District. The purpose of the Shoreland Overlay District is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the City. The uses allowed or prohibited in the Shoreland Overlay District and any related conditions are those uses and conditions set forth in the underlying Zoning District, however this Shoreland Overlay District imposes additional requirements above those required by the underlying Zoning District.

1130.400: ZONING PROVISIONS: The following standards shall apply to all shorelands of the protected waters listed above within the City. Where the requirements of the underlying Zoning District as shown on the official Zoning Map are more restrictive than those set forth herein, then the more restrictive standards shall apply.

1130.401 Unsewered Lakes, Lot Area, Width and Setback Requirements.

(1) Natural Environment Lakes:

Riparian Lots Non-Riparian Lots

Area Width Area Width Single 10 acres 330 10 acres 330

(2) Public Water Watercourses:

Riparian Lot Widths Single Family 100 feet Duplex 150 feet Triplex 200 feet Quad 250 feet There are no minimum lot area requirements for Public Water Watercourses.

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(3) Setback Requirements:

Recreational Public Water Development Watercourses Lakes Structure setback from OHWL (feet) 150 100 Unplatted Cemetery (feet) 50 50 Structure height limitation (feet) 35 35 Sewage System setback from OHWL (feet) 150 75

1130.402 Sewered Lakes, Lot Area, Width and Setback Requirements.

(1) Natural Environment Lakes:

Riparian Lots Non-Riparian Lots Area Width Area Width Single* 40,000 125 20,000 100 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 *For non-riparian lots within the Hass Lake Shoreland District, the minimum lot area shall be 12,000 square feet and the minimum lot width shall be 86 feet.

(2) Recreational Development Lakes:

Riparian Lots Non-Riparian Lots Area Lot Width Width Area Lot Width (Front) Single 15,000 90 ( 75 12,000a 86 F t Duplex 35,000 135 r 75 26,000 135 Triplex 50,000 195 o 75 38,000O 190 Quad 65,000 255 n 75 49,000H 245 t W ) (3) General Development Lakes:

Riparian Lots Non-Riparian Lots Area Lot Width at Area Lot Width (Front) Single 15,000 90 75 12,000O 86 W H Duplex 26,000 135 75i 17,000W 135 Triplex 38,000 195 75d 25,000 190 Quad 49,000 255 75t 32,000 245 h

( Page 100 of 255F r o n t Public Water Watercourses:

Riparian OHWL Lot Widths Lot Width Single 86 75 Duplex 115 75 Triplex 150 75 Quad 190 75 *There are no minimum lot size requirements for Public Water Watercourses.

(4) Setback Requirements:

Natural Recreational General Public Water Environment Development Development Watercourses Lakes Lakes Lakes Structure setback from OHWL (feet) 150 75 75 75 Unplatted Cemetery (feet) 50 50 50 50 Structure height limitation (feet) 35 35 35 35

1130.403 Bluff Impact Zones and Bluff Setbacks. Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones or bluff setbacks except for the following:

(1) An expansion of a legally nonconforming principal structure that does not meet the bluff setback is permitted provided that: • The expansion is lateral to the existing intrusion into the setback and does not project any further into the setback than an extension of a line drawn along the edge of the existing intrusion; and • The expanded structure is in harmony with the general purpose and intent of the ordinance, consistent with the comprehensive plan and will not alter the essential character of the locality; and • The structural footprint of the expansion into the bluff setback shall not exceed 500 square feet.

(2) Retaining walls shall not be permitted in the bluff impact zone or bluff setback except for the following:

(a) Construction on an existing retaining wall that consists of the repair or exact replacement of the existing wall, provided the grade of the land within the bluff impact zone or bluff setback and the location and size of the retaining wall do not change and the new retaining wall will create no more impact in the bluff impact zone or bluff setback than was caused by the existing retaining wall.

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(b) If there are no existing walls in the bluff impact zone or bluff setback, construction of one (1), single retaining wall less than four (4) feet in height not longer than the width of the property as measured by a straight line perpendicular to the side lot lines at the structure setback from the OHWL. The proposed wall shall be a minimum of 25 feet from the OHWL.

A zoning permit shall be obtained prior to the replacement, repair or construction of any wall identified in (a) or (b) above; provided that a zoning permit is not necessary if a building or grading permit is obtained.

Application for a zoning permit shall be on a form furnished by the City and shall be submitted to the Zoning Administrator. The Zoning Administrator shall review the application for compliance with all applicable provisions of the City Code and for the effect of the wall on public health, safety, and welfare.

1130.404 Engineering Reports Required. When a building permit is required, the following shall be submitted.

(1) Prior to any construction, a report and calculations prepared and signed by a professional engineer licensed by the State of Minnesota on the bluff stability and the impact any excavation, fill or placement of structures will have on the site and whether the excavation, fill, or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall include the following:

• The global failure plane determination of the slope substantiated by at least one soil boring at an appropriate depth and location. • Analysis of the land influence zone and its intersection with the failure plane based on the soil type. • The Engineer's recommendations for the proper design and maintenance of a drainage system so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. • If the initial determination indicates that the load influence zone intersects or falls within the global failure plane, a global stability analysis of the bluff shall be required.

(2) After construction is complete, an as-built survey and post- construction report completed by a professional engineer licensed by the State of Minnesota that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to.

1130.405 Impervious Surface Coverage. Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area, except as provided in the following provisions. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application.

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(1) An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Local Surface Management Plan (LSWMP) and approved by the City Engineer.

(2) In all C and I Zoning Districts and for Park/Open Space uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the Prior Lake Public Works Design Manual (PWDM) and is approved by the City Engineer, provided the impervious surface coverage does not exceed 75% of the total parcel and provided the following stipulations are met:

➢ All structures, additions or expansions shall meet setback and other requirements of the Zoning Code. ➢ The parcel shall be served by municipal sewer and water. ➢ Stormwater is collected and treated in compliance with the City PWDM.

(3) Impervious surface coverage for all C and I Zoning Districts and for Park/Open Space uses may be allowed to exceed 75% of the total parcel or exceed existing conditions on the parcel which are over 75% provided the following stipulations are met:

➢ A conditional use permit is submitted and approved as set forth in the Zoning Code. ➢ Improvements shall be constructed in compliance with the City PWDM. ➢ All the conditions in provision (2) above are satisfactorily met.

1130.406 Additional Special Provisions.

(1) Residential subdivisions with dwelling unit densities exceeding those allowed in the underlying Zoning District shall only be allowed if designed and approved as residential Planned Unit Developments. Only land above the Ordinary High Water Level of public water can be used to meet lot area standards, and lot width standards shall be met at both the Ordinary High Water Level and at the building line.

(2) Subdivisions of twinhomes, rowhomes or multi family dwellings where any part of the development abuts a Natural Environment Lakes shall also meet the following standards:

a. Each building shall be set back at least 200 feet from the Ordinary High Water Level;

b. Each dwelling unit shall be separately served by public utilities, none of which are shared;

c. Watercraft docking units shall be separately served by public utilities, none of which are shared;

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d. No more than 25% of a lake's shoreline can be in twinhome, rowhome or multi family dwelling developments.

(3) Dedicated Waterfront are allowed only in R-1 Zoning District. No new Dedicated Waterfront may be established after January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of Lot width as measured at the Ordinary High Water Level.

1130.407 Placement, Design, And Height Of Structures.

(1) Piers and Docks: Setback requirements from the Ordinary High Water Level shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations.

(2) Setback Requirements For Residential Structures: On shoreland parcels that have 2 adjacent parcels with existing principal structures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the Ordinary High Water Level or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. In cases where only one of the two parcels adjacent to an undeveloped shoreland parcel has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shoreland parcel is adjacent to two other undeveloped shoreland parcels. In no instance shall a principal structure be located in a shore impact zone, a bluff impact zone, or a bluff setback.

a. The following shall not be considered encroachments into the shore impact zone, bluff impact zone or the bluff setback:

1) Eaves, gutters and basement egress windows, provided they do not extend more than 2 feet into a yard; and provided such encroachment is no closer than 5 feet from any property line.

2) Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2 and R-3 districts.

3) Floodlights or other sources of light illuminating authorized signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the applicable parking, signage and lighting regulations.

4) Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any property line.

5) Canopies no more than 12 feet wide are permitted in the R-3, C-1, C-2, C-3 and I-1 Zoning Districts if they are open at the sides, comply with traffic visibility regulations and provide 14 feet of clearance if located over any access roadway or fire lane.

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b. The following recreational equipment shall not be encroachments on the shore impact zone, bluff impact zone or the bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, fire pits, utility trailers, jet skis, snowmobiles and other lake-oriented items.

c. Additional regulations regarding encroachments allowed in front, rear, and side yards are located in the underlying Zoning District regulations.

d. Decks not meeting all 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 not roofed or screened; and ➢ The existing deck is not located within an easement, right-of-way, or over a property line.

(3) Lowest Floor Level and Lowest Opening: All structures must be placed in accordance with any floodplain regulations applicable to the site. Where floodplain regulations do not apply to a property, all structures must be placed in accordance with the Public Works Design Manual with regard to lowest floor level and lowest opening, including but not limited to structures abutting structural stormwater BMP as defined in the City’s MS4 permit.

a. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined by the Public Works Design Manual if the structure is constructed of flood-resistance materials to the flood elevation; electrical and mechanical equipment are placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

(4) Water-Oriented Accessory Structures: One water-oriented accessory structure per riparian parcel may be allowed to be located closer to the lakeshore Ordinary High Water Level (“OHWL”) than the normal structural setback requirement on General Development lakes that have Municipal sewer and water; provided a building permit is obtained from the City and the following criteria are met:

a. On riparian parcels containing a slope equal to or greater than 20% measured from the front of the principal structure to the Ordinary High Water Level and verified by a certificate of survey prepared by a registered surveyor, one water-oriented structure meeting the criteria listed in this subsection is permitted with a setback of not less than 10 feet from the Ordinary High Water Level.

b. On riparian parcels containing slopes less than 20%, one water-oriented accessory structure meeting the criteria listed in this subsection is

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permitted with a setback of not less than 50 feet from the Ordinary High Water Level.

c. The structure shall not occupy an area greater than 120 square feet, and the maximum height of the structure must not exceed 10 feet, including the roof; and

d. The structure shall be located in the most visually inconspicuous portion of the parcel as viewed form the surface of the lake, assuming summer, leaf-on conditions; and

e. The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and

f. The structure shall be constructed of treated materials compatible with the principle structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; and

g. If the proposed structure will be located below the regulatory flood plain elevation, the structure shall be built compliant with applicable flood- proofing requirements of the Building Code and the Floodplain Section of the Zoning Code; and

h. Trees that are 4 inches in caliper or larger should not be removed for the erection of a water-oriented accessory structure. If removal is necessary, replacement with like trees shall be made with the approval of the Zoning Administrator. Erosion and sediment control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials; and

i. The structure shall be attached to a permanent foundation so as to be immovable from its approved location.

j. Water oriented accessory structures not meeting all required setbacks may be replaced if the following criteria are met:

➢ The structure existed legally on June 1, 2009; ➢ The replacement structure is the same size, configuration, location, building material, and height as the structure in existence on June 1, 2009; ➢ The existing structure is not located within an easement, right-of-way, side yard setback, or over a property line.

(5) Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts on riparian lots shall meet the following design requirements:

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a. Stairways and lifts shall not exceed 4 feet in width on residential parcels. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments;

b. Landings for stairways and lifts on residential parcels shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, Park/Open Space properties, and planned unit developments. The required setback for landings shall be 10 feet measured from the Ordinary High Water Level of the public water. Landings shall not project into any required side yard;

c. Canopies or roofs are not allowed on stairways, lifts, or landings;

d. Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion, and maintains or improves drainage patterns and slope stability;

e. Stairways, lifts and landings shall be located in the most visually inconspicuous portions of parcels, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards (1) through (5) above are complied with in addition to the requirements of Minnesota Rules, chapter 1340.

(6) Significant Historic Sites: No structure may be placed on a significant historic site as defined by Minnesota Statutes in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

(7) Steep Slopes: The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

1130.408 Island Development: Development on islands without municipal sewer and water shall be subject to the following conditions:

(1) Permitted uses on islands are limited to seasonal cabins and other seasonal structures, public parks and open space. Year-round residences are not permitted. Recreational facilities, such as a pavilion or picnic facilities for a homeowners' association, may also be permitted by conditional use permit.

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(2) Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities.

(3) An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two (2), on-land parking spaces for vehicles. In addition, the owner is required to provide proof of residency, at some location other than the island, at the time of building permit application.

(4) The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 12,000 square feet. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to MN Statute 462.357, Subd. 1e.

(5) The minimum lot width at OHWL is seventy-five feet (75').

(6) Setbacks for structures on islands shall comply with the following:

➢ Structure setback from OHWL 75 feet ➢ Side yard 10 feet ➢ Gray Water System from OHWL 75 feet

Setback averaging for the structure setback from the OHWL may be permitted as follows:

➢ If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWL either (i) the average setback of the abutting structures from the OHWL; or (ii) 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. ➢ If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized. ➢ Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins). ➢ In no instance, shall a principal structure be located in a shore impact zone or a bluff impact zone.

(7) Clear cutting more than 35% of a parcel of natural vegetation is prohibited. Natural vegetation shall be restored as soon as possible after any construction project is completed.

(8) Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be approved by the City to ensure that natural vegetation is restored with a reasonable time not to exceed one year after activity is complete.

(9) The lowest floor elevation of the structure including basement and crawl space must meet the requirements in this Section for lowest floor elevation.

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(10) One detached accessory structure is permitted per parcel on general development lakes subject to the issuance of a building permit and the following conditions: ➢ The lot must meet the minimum area and dimensional requirements listed in this Island Development Subsection; and ➢ The structures shall comply with all other required conditions and yard setbacks for accessory structures in the underlying Zoning District; and ➢ The total ground floor area of the accessory structures shall not exceed the ground floor area of the principal structure (seasonal cabin), 25% of the area between the principal structure and the rear property, or 600 square feet, whichever is less; and ➢ The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure; and ➢ The structure shall be setback a minimum of 75 feet from the OHWL or the average minimum as indicated above; and ➢ The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain an electrical system, with the proper permits; and ➢ The structure shall be compatible in design and materials with the principal structure (seasonal cabin); and ➢ If the structure is located below the regulatory flood plain elevation it shall be built in compliance with the applicable flood proofing requirements of the Building Code and the Floodplain Section of the Zoning Code; and ➢ The structure shall be attached to a permanent foundation so as to be immovable from its approved location.

1130.500: SHORELAND ALTERATIONS. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

1130.501 Vegetation Alterations.

(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this Section are exempt from the vegetation alteration standards that follow.

(2) Removal or alteration of vegetation, except for specific uses listed below which are subject to the regulations listed for that use, is allowed subject to the following standards:

a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable subject to a conditional use permit if an erosion and sediment control plan is approved by the City Engineer.

b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to Page 109 of 255

accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access and permitted water- oriented accessory structures of facilities, provided that:

➢ The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and ➢ Along rivers, existing shading of water surfaces is preserved.

c. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased or pose safety hazards.

1130.502 Topographic Alterations/Grading And Excavation.

(1) Grading, filling, and excavation, including the import or export of materials, is not permitted within the bluff impact zone. However, the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a City Grading and Excavating permit.

Grading, filling, and excavations in all areas within the Shoreland District which are necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and excavation permit, except as provided in subsection (2) below. However, the standards in this subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.

(2) Notwithstanding subsection (1) above, in addition to any other required permit, a City Grading and Excavating permit will be required for any movement of more than 10 cubic yards of material or impact to more than 500 square feet of area on steep slopes or within the bluff impact zone, bluff setback, shore impact zone or Shoreland Overlay District.

(3) The following considerations and conditions must be adhered to during the issuance of construction permits, Excavating and Grading permits, conditional use permits, variances and subdivision approvals:

a. Grading, excavating or filling in any wetland must be done in accordance with the Wetland Conservation Act.

b. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

c. Erosion control best management practices shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible:

e. Altered areas shall be stabilized to acceptable erosion and sediment control standards consistent with the Public Works Design Manual.

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f. Fill or excavated material shall not be placed in a manner that creates an unstable slope;

g. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals approved by the City for continued slope stability and shall not create finished slopes of 4:1 or greater:

h. Fill or excavated material shall not be placed in bluff impact zones:

i. Any alterations below the OHWL of public waters shall first be authorized by the Department of Natural Resources under Minnesota Statutes, Section 103G.241.

j. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the OHWL, and the height of the riprap above the OHWL does not exceed 3 feet.

1130.503 Placement And Design Of Roads, Driveways And Parking Areas.

(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Public Works Design Manual.

(2) Roads, driveways and parking areas shall meet all required setbacks and must not be placed within bluff and shore impact zones or the bluff setbacks.

(3) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion and sediment control conditions of this subsection are met. For private facilities, the grading and excavating provisions of Topographic Alterations/Grading And Excavating subsection above shall be met.

1130.504 Stormwater Management:

Stormwater management shall be implemented in accordance with the requirements of the City Public Works Design Manual (PWDM).

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1130.600: SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC/SEMI- PUBLIC, AGRICULTURAL AND FORESTRY.

1130.601 Standards For Commercial, Industrial, Public, And Semi-Public Uses. Surface water-oriented commercial uses and industrial, public, or semi-public uses with similar needs to have access to and use of public waters may be located on parcels with frontage on public waters. Those uses with water- oriented needs must meet the following standards:

(1) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this Section, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures;

(2) Uses that require short-term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

(3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff;

b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and

c. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

(4) Uses without water-oriented needs shall be located on parcels without public waters frontage, or if located on parcels with public waters frontage, shall either be set back double the normal OHWL setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions. Water-oriented need shall be determined by the Zoning Administrator.

1130.602 Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the Public Works Design Manual, as provided by a qualified individual or agency. The shore impact zone

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for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the OHWL.

Animal feedlots must meet the following standards:

➢ New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the OHWL of all public waters basins; and

➢ Modifications or expansions to existing feedlots that are located within 300 feet of the OHWL or within a bluff impact zone are allowed if they do not further encroach into the existing OHWL setback or bluff impact zones.

1130.603 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management, "Best Management Practices in Minnesota".

1130.700: WATER SUPPLY AND SEWAGE TREATMENT.

1130.701 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

1130.702 Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

(1) Publicly-owned sewer systems shall be used where available.

(2) All private sewage treatment systems shall meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in Minnesota Rules Chapter 7080.

(3) On-site sewage treatment systems shall be set back from the OHWL in accordance with the setbacks contained in this Section.

(4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.

Evaluation Criteria:

➢ Depth to the highest known or calculated ground water table or bedrock; ➢ Soil conditions, properties, and permeability; ➢ Slope; ➢ The existence of lowlands, local surface depressions, and rock outcrops.

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(5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with provisions (6) and (7) below.

(6) An existing treatment system not meeting the requirements of this subsection shall be upgraded, at a minimum, at any time a building or zoning permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the OHWL.

(7) The City has by formal resolution notified the Department of Natural Resources of its program to identify nonconforming sewage treatment systems. The City will require upgrading or replacement of any nonconforming system identified by this program within 2 years, as described in provision(6) above. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, Chapter 103F, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems will less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

1130.800: PLANNED UNIT DEVELOPMENTS (PUDS).

1130.801 Application For A PUD. The applicant for a planned unit development (PUD) must, in addition to all other PUD requirements, submit the following documents prior to final action being taken on the application request.

(1) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at 2 foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two.

(2) A property owners' association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements in this subsection.

(3) Deed restrictions, covenants, permanent easements or other instruments that: a) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs and b) ensure the long-term preservation and maintenance or open space in accordance with the criteria and analysis specified in the maintenance and design criteria below.

(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.

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(5) Those additional documents as requested by the Zoning Administrator that are necessary to explain how the PUD will be designed and will function.

1130.802 Site "Suitable Area" Evaluations. Proposed new or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation below.

(1) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the OHWL at the following intervals, proceeding landward.

SHORELAND TIER DIMENSIONS Unsewered (feet) Sewered (feet) General Development Lakes (first tier) 200 200 General Development Lakes 267 267 (second tier) Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 All Public Watercourse Classes 300 300

(2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the OHWL of public waters. This suitable area and the proposed project are then subject to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites.

1130.803 Residential And Commercial PUD Density Evaluation. The procedures for determining the "base" density of a PUD and density increase multipliers are outlined as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer to the waterbody.

(1) Residential PUD "Base" Density Evaluation. The suitable area within each tier is divided by the R-1 Zoning District single residential lot size which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and the number of dwelling units or sites for the residential PUDs are then compared with the tier, density, and suitability analysis herein and the design criteria below.

(2) Commercial PUD "Base" Density Evaluation.

a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, porches or basements, unless they are habitable space. Page 115 of 255

b. Select the appropriate floor area ratio from the following table.

COMMERCIAL PUD FLOOR AREA RATIOS PUBLIC WATER CLASSES Average Sewered General Second and Additional tiers Natural Unit Floor Development Lakes; First on unsewered General Environment Area tier on unsewered Development Lakes; Lakes (Sq. Feet) General Development Recreational Development Lakes; Urban, Lakes Agricultural, Public Water Watercourses 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. For manufactured home sites in recreational camping areas use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

d. Divide the total floor area by tier computed in subsection (c) above by the average inside living area size determined in subsection (a) above. This yields a base number of dwelling units and sites for each tier.

e. Proposed locations and number of dwelling units or sites for the commercial PUD are then compared with the tier, density and suitability analysis herein and the design criteria below.

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(3) Density Increase Multipliers.

a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in the Zoning Provisions above are met or exceeded and the design criteria below are satisfied. The allowable density increases in subsection b. below will only be allowed if structure setbacks from the OHWL are increased to at least 50% greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.

b. Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs:

Density Maximum Density Evaluation Tiers Increase Within Each Tier First 50% Second 100% Third 200% Fourth 200% Fifth 200%

1130.804 Maintenance and Design Criteria.

(1) Maintenance and Administration Requirements.

a. Approval Of Development: Before final approval of a PUD, adequate provision must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

b. Open Space Preservation: Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

➢ Commercial uses prohibited (for residential PUDs); ➢ Vegetation and topographic alterations other than routine maintenance prohibited; ➢ Construction of additional buildings or storage of vehicles and other materials prohibited; and ➢ Uncontrolled beaching of watercraft prohibited.

c. Development Organization And Functioning: Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use a homeowners association with the following features: Page 117 of 255

➢ Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers; ➢ Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; ➢ Assessments shall be adjustable to accommodate changing conditions; and ➢ The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

(2) Open Space Requirements. Planned unit developments must contain open space meeting all of the following criteria:

a. At least 50% of the total project area within the Shoreland Overlay District shall be preserved as open space;

b. Dwelling units or sites, road rights-of-ways, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures, are developed areas and shall not be included in the computation of minimum open space;

c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.

d. Open space may include outdoor recreational facilities for use by owners or dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public.

e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;

f. Open space shall not include commercial facilities or uses, but may contain water-oriented accessory structures;

g. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and

h. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in its natural existing state. For commercial PUDs, at least 50% of the shore impact zone shall be preserved in its natural state.

(3) Erosion and Sediment Control and Stormwater Management. Erosion and sediment control, stormwater management plans, and Best Management Practices shall be developed and the PUD shall:

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a. Be designed, and the construction managed, to minimize the likelihood of erosion and sedimentation occurring either during or after construction. Site design shall be in accordance with City PWDM requirements; and

b. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff in accordance with City PWDM requirements. Impervious surface coverage within any tier shall not exceed 25% of tier area, except that for commercial PUD's 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistent with the Shoreland Alterations subsection above.

(4) Centralization and Design of Facilities. Centralization and design of facilities and structures shall be done according to the following standards:

a. PUDs shall be connected to publicly owned water supply and sewer systems;

b. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the OHWL, elevation above the surface water features, and maximum height. Setbacks from the OHWL shall be increased in accordance with the density criteria above for developments with density increases;

c. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

d. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

e. Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and

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f. Water-oriented accessory structures may be allowed if they meet and exceed design standards for water-oriented accessory structures above.

1130.805 Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all the following standards are met:

(1) Proposed conversions shall be initially evaluated using the same procedures for residential PUDs involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.

(2) Deficiencies involving water supply and sewage treatment, stormwater management, structure color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permits.

(3) Shore and bluff impact zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion. These improvements shall include, where applicable, the following:

a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

b. Remedial measures to correct actively eroding areas and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and

c. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

(4) Existing dwelling unit or dwelling site densities that exceed standards set forth above may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

Section 6. City Code Section 1106 “Planned Unit Developments” is deleted in its entirety and replaced with new Section 1132 “Planned Unit Developments” to read as follows:

SECTION 1132

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PLANNED UNIT DEVELOPMENTS

SUBSECTIONS

1132.100: Overlay 1132.200: Purpose 1132.300: Findings 1132.400: Definition 1132.500: Flexibility 1132.600: Allowed Uses 1132.700: Review Standards 1132.800: Minimum PUD Eligibility Requirements 1132.900: PUD Submission Requirements and Procedures 1132.1000: Concept Plan 1132.1100: Preliminary PUD Plan 1132.1200: Final PUD Plan 1132.1300: Amendments 1132.1400: Vote Approving PUD 1132.1500: Fees and Reimbursements for City Costs 1132.1600: Conversion of Former PUD Districts

1132.100: OVERLAY. The Planned Unit Development (“PUD”) Overlay District is a district that encompasses one or more underlying Zoning Districts and that imposes additional requirements above that required by the underlying Zoning District. All of the provisions of the Zoning Code applicable to the original district within which the PUD is established shall apply to the PUD except as otherwise specifically provided in the approved Final PUD Plan.

1132.200: PURPOSE. The purpose of the PUD District is to offer an alternative to development as outlined in the residential, commercial, and industrial zoning districts of the Zoning Code. The PUD District provides for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conventional zoning districts. The PUD District requires that the particular land to be developed can offer greater value to the community and can better meet the community’s health, welfare, and safety requirements as a PUD than if that same land were to be developed as a conventional development. The PUD process provides for a joint planning/design effort by developers and City officials. A PUD may be multi- purpose in nature so that not only may it be residential, commercial, or industrial, but also it may contain a combination of these uses. It is not the intent of this Section to allow for reductions or waivers to the standard Zoning District requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved, instead the purpose is to produce developments which provide additional benefits to the community.

1132.300: FINDINGS. The City Council finds that the City and its residents will benefit by creating a process which permits PUD developments which will allow for greater

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flexibility in the development of a parcel or property by tailoring the development to the site and neighborhood. Such benefits include, but are not limited to:

(1) Provides a flexible approach to development which is in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Code;

(2) More creative, efficient and effective use of land, open space and public facilities through mixing of land uses;

(3) Create a sense of place and provide more interaction among people;

(4) Increase economic vitality and expand market opportunities;

(5) Support long-term economic stability by strengthening the tax base, job market and business opportunities;

(6) Increase transportation options, such as walking, biking or bussing;

(7) Provide opportunities for life cycle housing to all ages;

(8) Provide more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost;

(9) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site;

(10) Preserves and enhances desirable site characteristics and open space, and protection of sensitive environmental features including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use and redevelopment of existing buildings;

(11) High quality of design compatible with surrounding land uses, including both existing and planned.

1132.400: DEFINITION. A PUD is a development of land that is under unified control and is planned and developed as a whole in a single development operation or in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A PUD is built according to a detailed final development plan, as approved by the City Council.

1132.500: FLEXIBILITY. Approval of a PUD may allow:

(1) Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities.

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(2) Sensitivity: Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, PUDs can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics.

(3) Efficiency: The consolidation of areas for recreation and reductions in street lengths and other utility-related expenses.

(4) Density Transfer: The project density may be clustered, basing density on number of units per acre versus specific lot dimensions.

(5) District Integration: The combination of uses which are allowed in separate zoning districts, such as:

a. Mixed residential allows both densities and unit types to be varied within the project.

b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation may provide increased density on the property if a PUD is utilized.

c. Mixed land uses with the integration of compatible land uses within the project.

1132.600: ALLOWED USES. Uses allowed within a PUD District are limited to those uses allowed in the underlying Zoning District (if there is no underlying Zoning District see City Code Section 1132.1600) unless deviations are specifically set forth in the PUD plan. Performance standards for each PUD shall be as provided in the underlying Zoning District unless deviations are specifically set forth in the PUD plan. All use and performance standard deviations shall become permitted upon approval of the Final PUD Plan by the City Council.

1132.700: REVIEW STANDARDS. The City shall consider a proposed PUD District from the point of view of all standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodland and the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the City Council may find to have a material bearing upon the stated standards and objectives of the Comprehensive Land Use Plan. In reviewing a PUD plan, the City Council must also consider the compatibility of the development with the Shoreland and Flood Plain overlay district requirements.

1132.800: MINIMUM PUD ELIGIBILITY REQUIREMENTS. In order to utilize a PUD the proposed site shall consist of a parcel or contiguous parcels of land in common Page 123 of 255

ownership 10 acres or more in size. An owner(s) of a tract of land less than 10 acres may apply to the Planning Commission for an exception to the 10-acre requirement.

1132.801 Exception to 10-Acre Requirement. An applicant seeking an exception to the 10-acre requirement shall, prior to submission of a Preliminary PUD Plan submit a Concept Plan for review and approval by the Planning Commission pursuant to the procedure set forth in the Subdivision Code. The Planning Commission shall decide, based upon the criteria set forth below, whether to authorize the City staff to accept and process an application for a Preliminary PUD Plan for the proposed project:

(1) The proposed project meets all other criteria for a PUD except the acreage requirement. (2) There are unique circumstances that prohibit the applicant from assembling 10 contiguous acres. (3) The proposed project is consistent with the goals and objectives of the Comprehensive Plan. (4) The applicant intends to provide for greater parks, open space, trails or public areas than required by the Zoning Code.

1132.802 Additional Requirements. The City may impose additional restrictions or requirements on land developed under the PUD process. The requirements shall be set forth in the Final PUD Plan approved by the City Council. The City Council shall make specific findings that the restrictions or requirements being imposed furthers, addresses, promotes or protects the general welfare, public safety, aesthetics, neighborhood character, environmental features or property values. These additional requirements may include, but are not limited to, traffic, traffic signals, parking, bufferyards, landscaping, noise, lighting, hours of operation, architectural design and off-site road and utility improvements.

1132.900: PUD SUBMISSION REQUIREMENTS AND PROCEDURES. PUDs shall be proposed and considered according to the requirements of the following subsections.

1132.1000: CONCEPT PLAN. Before filing an application for approval of a Preliminary PUD Plan, the applicant is encouraged to submit a Concept Plan for review and comment by the City staff. The procedures for submitting a Concept Plan are set forth in the Subdivision Code. Materials and information necessary for a Concept Plan include a map showing the location and size of the property, and any preliminary plans developed for the property. The applicant should be prepared to discuss the following: Comprehensive Plan consistency, relationship of the proposed development to the existing neighborhood, parks and open space, streets, utilities, steep slopes, wetlands and environmentally sensitive issues, and drainage and stormwater management.

1132.1100: PRELIMINARY PUD PLAN. A Preliminary PUD Plan is required before an applicant can apply for a Final PUD Plan and before the proposed development can proceed. The Preliminary PUD Plan shall show the basic intent and the general nature of the entire development.

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1132.1101 Application for Preliminary PUD Plan Approval. An application for Preliminary PUD Plan approval shall be on a form provided by the City and shall include all of the following information:

(1) The name, address, telephone number, and email address of the applicant and property owner, if different.

(2) The Comprehensive Land Use Plan designation of the property in question.

(3) The Zoning District(s) in which the PUD is proposed to be located. (4) All information required for consideration and approval of a preliminary plat, if a plat is necessary.

(5) A general development plan including the following:

➢ Site conditions and existing development on the subject property and immediately adjacent properties. ➢ General location of residential and nonresidential land uses with approximate type and intensities of development. ➢ Overall maximum PUD density range. ➢ The proposed type, size and location of all dwelling units, if dwelling units are proposed. ➢ The general size, location and use of any proposed nonresidential buildings on the site. ➢ All public streets, entrance and exit drives and walkway locations. ➢ Parking areas. ➢ Landscaped areas. ➢ Parks and open spaces, public plazas and common areas. ➢ Site dimensions. ➢ Generalized drainage and utility plans. ➢ Any other information the City may request to determine whether the proposed project meets the requirements of this Section. ➢ A narrative explaining how the PUD will meet the stated purposes and objectives of this Section.

(6) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase.

(7) Traffic study containing, at a minimum, the total and peak hour trip generation from the site at full development, the effect of this traffic on the level of service of nearby and adjacent streets, intersections and total parking requirements.

(8) A statement showing how the PUD will meet the stated purposes and objectives of this Section.

(9) A market study prepared within the 6 months prior to the application identifying the market area of the project and the demand trends within the area. 1132.1102 Procedure for Approval of a Preliminary PUD Plan.

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(1) The application shall be submitted to the Zoning Administrator. The application shall be reviewed by the City staff and a report concerning the application shall be submitted to the Planning Commission for its consideration within 30 days of receipt of all material required by this Section for review of the application.

(2) The Planning Commission shall hold a public hearing. The Planning Commission may continue the public hearing, if necessary. The Planning Commission shall make a recommendation on the Preliminary PUD Plan to the City Council within 60 days of the date a complete application, including all of the necessary submittals, was received by the City. If the Planning Commission fails to make a recommendation within the 60-day period, the City Council may then consider the Preliminary PUD Plan without the Planning Commission's recommendation.

(3) The City Council may approve the Preliminary PUD Plan in whole or in part, may approve the Preliminary PUD Plan subject to conditions, may deny the Preliminary PUD Plan, or may continue consideration of the Preliminary PUD Plan for further investigation at a later date.

(4) The City Council shall render a decision regarding the Preliminary PUD Plan application within 60 days of the Council's initial consideration of the Preliminary PUD Plan. The City Council shall adopt an ordinance including findings of fact for the basis of its decision.

(5) When a Preliminary PUD Plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar development on the same property for the 6-month period following the date of denial.

1132.1103 Effect of Approval by the City Council of a Preliminary PUD Plan. City Council approval of the Preliminary PUD Plan with or without modification shall constitute zoning approval as well as permission to file the application for a final plan or plans. The approved Preliminary PUD Plan shall serve as the basis for all future development within the project area unless substantially modified according to the same procedures required for initial approval; however, such Preliminary PUD Plan approval shall not constitute permission to initiate site improvement or building construction. Such activities must await Final PUD Plan and building permit approvals.

1132.1104 Zoning Map Amended. The official zoning map of the City shall be revised to incorporate the new PUD overlay designation.

1132.1200: FINAL PUD PLAN. The Final PUD Plan conveys essentially the same information as the approved Preliminary PUD Plan in a more specific and complete manner. The approved Final PUD Plan is the permanent public record of the PUD, may consist of all or a portion of the area encompassed by the Preliminary PUD Plan, and shall include revisions of the Preliminary PUD Plan as directed by the Planning Commission and/or City Council. The Final PUD Plan shall implement the development objectives established by the approved Preliminary PUD Plan and may be submitted in project stages with separate Final PUD Plans for portions of the PUD.

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1132.1201 Application for a Final PUD Plan. The Final PUD Plan, consisting of the entire site or at a minimum the first phase of the total development, shall be submitted for approval within 12 months after City Council approval of a Preliminary PUD Plan unless a written request for a time extension is submitted by the applicant and approved by the City Council. The application for Final PUD Plan approval shall be on a form provided by the City and shall include all of the following information:

(1) The name, address, telephone number and email address of the applicant and property owner, if different.

(2) A detailed site plan, drawn to scale and suitable for recording, showing the location of all structures including their placement, size and type as well as streets, parking areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space including plazas and commons. The site plan shall conform to the approved Preliminary PUD Plan.

(3) A final plat which meets the requirements of the City Subdivision Code, if required.

(4) A landscape plan showing the location, size and species of all plant materials, a landscaping irrigation system plan, and all other non-vegetative landscaped features.

(5) A utility plan showing the location and size of all on-site utilities and easements as well as stormwater runoff calculations for both the predevelopment and post- development conditions of the site.

(6) Building plans at a level of detail necessary to allow parking calculations to be made.

(7) Building elevation drawings showing architectural details and proposed building materials.

(8) Any deed restrictions, covenants, agreements and Articles of Incorporation and Bylaws of any proposed homeowners' associations or other documents or contracts which control the use or maintenance of property covered by the Final PUD Plan.

(9) A final phasing plan, if phasing is proposed, indicating the geographical sequence and timing of the development of the plan or portions thereof including the estimated date of beginning and completion of each phase.

(10) Any other information which the City in its sole discretion may require to fully illustrate and document the intention and character of the Final PUD Plan.

1132.1202 Procedure for Approval of a Final PUD Plan.

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(1) The application shall be reviewed by the City staff and a report concerning the application shall be submitted to the City Council for its consideration.

(2) The City Council shall render a decision regarding the Final PUD Plan Application. The City Council shall adopt a resolution including findings of fact for the basis of its decision.

1132.1203 Conditions of Approval by the City Council for a Final PUD Plan. Any Final PUD Plan approved by the City Council is deemed a conditional approval and shall not be valid until all of the following requirements are met:

(1) Development Agreement. The City and developer of a PUD shall execute a Development Agreement which shall incorporate the resolution approving the Final PUD Plan and all conditions set forth in the resolution approving the Final PUD Plan. The Development Agreement shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the State of Minnesota. The irrevocable letter of credit shall be subject to approval by the City. The letter of credit shall reference the Development Agreement and be in an amount sufficient to ensure the provision or development of improvements called for by the Development Agreement.

(2) Operating and Maintenance Requirements for Common Areas. If certain land areas or structures within the PUD are designated for recreational use, public plazas, open areas or service facilities, the owner(s) of such lands shall execute appropriate documents in a form acceptable to the City which ensure the continued operation and maintenance of such areas or facilities. These common areas may be placed under the ownership and control of the property owner; or of Homeowners' Association, if all of the following conditions are met:

➢ The Homeowners' Association must be established prior to the sale of any property in the PUD. ➢ Membership must be mandatory for each owner and successive buyer. ➢ The open space restrictions must be permanent. ➢ The association must be responsible for liability insurance, taxes and maintenance. ➢ The landowner must pay its pro-rata share of an assessment levied by the association and that share if unpaid must become a lien on the property owned by the landowner. ➢ The association must be able to adjust the assessment to meet changed needs.

1132.1204 Effect of Approval by the City Council of a Final PUD Plan.

(1) Effect of Final PUD Approval. Except if an amendment has been approved as set forth below, no building permit shall be issued nor shall any development occur on land which does not conform to the approved Final PUD Plan.

(2) Review: If substantial development has not occurred within 12 months after approval of the Final PUD Plan, the City Council may instruct the Planning Commission to initiate rezoning to the original Zoning District. It shall not be Page 128 of 255

necessary for the City Council to find that the rezoning to the PUD Overlay District was in error. The applicant may submit a request for a time extension in writing. Such request must be approved by the City Council prior to the expiration of the 12-month period. Each such extensions of time shall not exceed six (6) months.

(3) Changes in Official Controls. Upon approval by the City Council of a Final PUD Plan, the subject area shall be governed by the conditions, provisions and restrictions of the approved Final PUD Plan and Development Agreement. For two (2) years following Final PUD Plan approval, unless the developer 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 Final PUD Plan.

1132.1300: AMENDMENTS. Development of land which does not conform to the approved Preliminary and/or Final PUD Plan shall only be allowed after one of the following occurs:

1132.1301 Minor Amendments. Minor amendments to a Preliminary and/or Final PUD Plan include but are not limited to: increases in conformity with City Code requirements; decreases in residential density, leasable floor area, building height, impervious surface and/or required parking provided such decreases have a minimal impact on the overall character of the approved Final PUD Plan as determined by the Zoning Administrator; minor building additions and floor plan modifications that do not increase parking requirements or reduce useable open space; and changes that are specified as minor amendments in the approved Development Agreement.

Minor amendments to a Preliminary and/or Final PUD Plan require approval by the City Council. Minor amendments may be authorized administratively if the Zoning Administrator determines the amendments will have a minimal impact on the overall character of the approved Final PUD Plan and does not require the adjustment or relocation of property lines.

1132.1302 Major Amendments. Major amendments to a Preliminary and/or a Final PUD Plan include, but are not limited to: changes in approved use classifications; changes to the approved final plat; increase in residential density; leasable floor area, building height, and/or required parking; reductions in useable open space; and any changes that are anticipated to result in off-site impacts as determined by the Zoning Administrator. Major amendments to a Preliminary and/or a Final PUD Plan may be made only after a public hearing conducted by the Planning Commission which must be proceeded by notice to all property owners within 500 feet of the subject property. Major amendments become effective only after adoption by the City Council by ordinance and recording as amendments to the Final PUD Plan. The Development Agreement may also be amended if necessary.

1132.1400: VOTE APPROVING PUD. The approval of a Preliminary PUD Plan, a Final PUD Plan, and minor or major amendments shall require an affirmative vote of two thirds (2/3) of all the members of the City Council. The approval of Minor Page 129 of 255

Amendments which the Zoning Administrator has determined to require the approval of the City Council will require a vote of two thirds (2/3) of all the members of the City Council.

1132.1500: FEES AND REIMBURSEMENTS FOR CITY COSTS. Fees for a PUD shall be set by the City Council in the City Fee Schedule. PUDs shall also be subject to reimbursements for City costs, including enforcement, engineering, consulting and legal fees.

1132.1600: TREATMENT OF FORMER PUD DISTRICTS.

1132.1601 PUDs adopted prior to 1999: Prior to 1999 the Zoning Code treated PUDs as overlays. Those PUDs shall continue to be treated as overlays. The regulations in the PUD documents shall govern. However, if the PUD language is silent the regulations in the underlying Zoning District shall apply.

1132.1602 PUDs adopted between 1999 and April 1, 2021: From 1999 to April 1, 2021 the Zoning Code treated PUDs as a separate Zoning District, rezoning the entire area as a “PUD” Zoning District. However, there were no underlying regulations established for such PUD Zoning Districts leaving a number of subjects not addressed. The City hereby confirms that the regulations in the PUD documents shall govern. However, if the PUD language is silent, the Zoning Administrator may apply the regulations from the Zoning District that best includes the current use of the property. For example, if a PUD consisting of single family homes has a yard encroachment question and the PUD documents are silent on this topic, the Zoning Administrator may apply the yard encroachment regulations from the R-1 Zoning District. Whether the PUD language is silent and which Zoning District regulations apply shall both be in the sole discretion of the Zoning Administrator.

Section 7. City Code Sections 1106A & 1106B “Flexible Development In Areas With High and Moderate Quality Natural Communities” are deleted in their entirety.

Section 8. City Code Section 1107 “General Performance Standards” is deleted in its entirety and replaced with new Sections 1140 “General Performance Standards”, 1141 Agricultural and Residential Performance Standards”, 1142 “Commercial and Town Center Performance Standards”, 1143 “Industrial Performance Standards”, 1144 “Agricultural Design”, 1145 “Landscaping, Bufferyards, Trees and Fences, and 1146 “Parking, Loading Spaces and Driveways” to read as follows:

SECTION 1140 GENERAL PERFORMANCE STANDARDS SUBSECTIONS

1140.100: Introduction 1140.200: Lot Provisions 1140.300: No Sewer & Water 1140.400: Height Limitations 1140.500: Pedestrian Access Page 130 of 255

1140.600: Grading, Filling, Land Reclamation, Excavating

1140.100: INTRODUCTION.

1140.101: City Code. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

1140.102: Public Works Design Manual (“PWDM”). All properties must comply with all applicable provisions of the Public Works Design Manual (“PWDM”). The PWDM is hereby adopted and incorporated into this Zoning Code by reference as if fully set forth. If there is a conflict between the Zoning Code and the PWDM the Zoning Code shall govern; provided that two (2) provisions addressing the same matter that are more or less restrictive are not a conflict and the more restrictive provision shall apply.

1140.103: Plat and Plans. All properties must comply with the Subdivision Code, all applicable plats and all applicable City approved plans; provided that the plans may be modified or revised by updated City approved plans and/or approved City permits.

1140.200: LOT PROVISIONS.

1140.201 Principal buildings. There shall be no more than one (1) principal building on any lot except as permitted by Conditional Use Permit or Planned Unit Development.

1140.202 Twinhome. If a parcel containing an existing twinhome is subdivided into two (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 two (2) dwellings is located in its entirety on the boundary line separating the two (2) lots; ➢ The common wall meets the standards of the Minnesota State 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 two (2) dwellings is served separately by public utilities, none of which are shared.

1140.300: 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. Page 131 of 255

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.

1140.400: Height Limitations.

(1) Height limitations set forth elsewhere in the Zoning Code shall be increased by 50% when applied to the following structures:

➢ 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 three (3) feet above the height of the building.

(3) Public Water Towers are exempt from height limitations.

1140.500: 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 six (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.

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1140.600: GRADING, FILLING, LAND RECLAMATION, EXCAVATION.

(1) No grading, filling, land reclamation or excavation shall be permitted without a grading and excavating permit required by the City Code.

(2) Conditional Use Permit. In addition, any grading, filing, excavation or land reclamation involving the removal, movement or placement of over 400 cubic yards of fill shall be permitted only by Conditional Use Permit in all Zoning Districts. The permit application shall include, but is not limited to:

➢ A site plan which shows the existing and finished grade of the land after the work; ➢ A soil analysis of the type of fill material to be used or extracted; ➢ The proposed use of the land after the work; ➢ The effect of the proposed operation upon the community and the adjacent land; ➢ The type of equipment to be used; ➢ The period of time the 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 or remove fill material from the site, and controls to be employed to limit the effect of wind or other elements on the material. ➢ A plan which shows the routes of trucks moving to and 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, the developer and the person doing the 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 the operation. Those conditions may impose restrictions in all areas affecting the operation 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) 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.

SECTION 1141 AGRICULTURAL AND RESIDENTIAL PERFORMANCE STANDARDS

SUBSECTIONS

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1141.100: Introduction 1141.200 : Residential Performance Standards 1141.300: Agricultural Dimensional Standards 1141.400: Rural Subdivision Dimensional Standards 1141.500: Low Density Residential Dimensional Standards 1141.600: Medium Density Residential Dimensional Standards 1141.700: High Density Residential Dimensional Standards 1141.800: Required Yards/Open Space 1141.900: Lighting

1141.100: INTRODUCTION. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

1141.200: RESIDENTIAL PERFORMANCE STANDARDS. No structure or premises within any R Use District shall be used for one or more of the following uses unless its use complies with the following regulations:

1141.201 Dwellings. All single family detached and twinhome dwellings shall:

a. Be built on a permanent foundation;

b. Be connected to City sanitary sewer and water unless exempted under the provisions of Subsection 1140.300; and

c. If the home is a manufactured home, it shall:

➢ Have a permanent, completely enclosed foundation constructed around the entire circumference of the structure which complies with the State Manufactured Home Building Code. ➢ Meet the standards and be certified by the U.S. Department of Housing and Urban Development.

1141.202 Undergrounding. All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent of the floor area. In addition, any new service to an existing building shall be placed underground.

1141.203 Curbs. All access roads shall have a poured-in-place concrete curb measuring at least six (6) inches above and below the grade in all developments except developments of single family detached or twinhome dwellings.

1141.204 Vehicle Storage. No vehicle shall be stored, displayed, parked, or allowed in any of the required yard or landscaped areas; except as permitted by City Code Section 1146.

1141.205 Recreational Equipment. The intent of this ordinance is to allow for the orderly storage of recreational equipment on property at certain locations during on and Page 134 of 255

off seasons. During off season times, the equipment shall be located in the most visually inconspicuous portion of the lot as viewed from the front, or from the street.

(1) Currently licensed and operable winter recreational equipment may be parked on or adjacent to a driveway on a lot in the residential Zoning Districts from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a residential Zoning Districts from April 1 to November 1 each year. In addition to all other requirements, all recreational equipment parked on or adjacent to a driveway shall be operable and shall have the current license posted or displayed in a visible manner on the equipment. Any recreational equipment parked on or adjacent to a driveway which is not both currently licensed and operable shall be considered an “accessory structure” as regulated below or as junk regulated pursuant to the City Code.

(2) At all other times, recreational equipment shall be stored in the rear or side yard provided the recreational equipment is operable. For purposes of this subsection, side yards shall also include areas extending from the principal house structure, using lines parallel to the sides of the house extending to the rear and front yard lines. Except as allowed above, in no case shall recreational equipment be parked in the front yard, unless an exemption is granted by the Zoning Administrator identified in this section. Recreational equipment shall be set back a minimum of five (5) feet from the rear and side property lines; except that recreational equipment may be stored within five (5) feet of a rear or side property line if screened by a fence located on the property. which fence is at least six (6) feet high and is in compliance with the fence requirements of the City Code.

(3) If topography or other natural conditions of the lot do not allow for the storage in the side or rear yards as permitted above, the recreational equipment may be parked in an alternate, but inconspicuous, location of the lot subject to written approval of the Zoning Administrator. No encroachment of the equipment shall occur into the public right-of-way.

(4) No recreational equipment may be parked in residential Zoning Districts that does not have the same ownership between the equipment and any family member occupying the property. A house being rented shall only allow storage of recreational equipment owned by the person(s) renting the principal structure.

For riparian lots without a principal structure, recreational equipment shall be located between the Ordinary High Water Level, and a line no more than 30 feet from the Ordinary High Water Level and no less than five (5) feet from the side lot line. 1141.206 Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single family detached or twinhome dwellings.

1141.207 Accessory Structures.

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(1) General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations: ➢ No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. ➢ The accessory use or structure shall be incidental to and associated with the principal use or structure. ➢ The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. ➢ The accessory use or structure shall be located on the same parcel of land as the principal use or structure except as allowed by the nonconformity regulations in the Zoning Code.

(2) Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction.

(3) Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or located six (6) feet or less from the principal structure. Such structures shall be subject to the provisions of the Zoning Code applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements.

(4) Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following:

a. The total ground floor area of all detached accessory structures located on a single residential property in the R-1 and R-2 Zoning Districts shall not exceed 1,000 square feet or 30% of the rear yard. b. The total ground floor area of all detached accessory structures in the R-3 Zoning District shall not exceed 750 square feet or 30% of the rear yard. c. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth below if more restrictive. d. Maximum height shall not exceed 15 feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, 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. e. Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the front yard or within a side yard abutting a street except as provided in in the following provisions. f. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. g. No accessory structure may be located in any public right-of-way or public easement except by consent of the City Engineer or his/her designee.

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h. On riparian lots in the Shoreland District, one (1) detached accessory structure designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions: ▪ The accessory structure must be located so that it meets all front yard requirements of a principal structure. ▪ The accessory building must be compatible in design and materials with the principal structure. ▪ The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses.

1141.300: AGRICULTURAL DIMENSIONAL STANDARDS.

(1) No structure shall exceed 35 feet in height unless approved by the Board of Adjustment. (2) The maximum density shall not exceed 0.10 units per acre. (3) The following minimum requirements shall govern the use and development of lots in the A Zoning District.

Residential Non Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft)

Use Residential Use Lot Area Lot Area (acres) (acres)

10 40 330 50 20 50

1141.400: RURAL SUBDIVISION DIMENSIONAL STANDARDS.

(1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less.

(2) The Floor Area Ratio within the R-S Zoning District shall not exceed 0.3.

(3) The following minimum requirements shall govern the use and development of lots in the R-S Zoning District.

Lot Area (acres) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft)

2 100 25 10 25

(4) The depth of the front year of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet.

(5) Through lots shall have a required front yard on each street.

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(6) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot.

(7) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the Zoning District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot.

(8) A single family detached or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard and provided the combined width of the side yard for the building and the adjacent building is not less than ten (10) feet.

(9) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common area do not exceed the maximum density permitted within the Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area.

1141.500: LOW DENSITY RESIDENTIAL DIMENSIONAL STANDARDS.

(1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less.

(2) The Floor Area Ratio within the R-1 Zoning District shall not exceed 0.3.

(3) The following minimum requirements govern the use and development of lots in the R-1 Zoning District.

Lot Area (Sq. ft.) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft)

12,000 86 25 10 25

(4) Density: The minimum density for new development in the R-1 Zoning District is two (2) units per acre. The maximum density for new development in the R-1 Zoning District is four (4) units per acre.

(5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the

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lot in question is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet.

(6) Through lots and corner lots shall have a required front yard on each street. (7) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line.

(8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot.

(9) A single family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten (10) feet.

(10) Any parcel which is subdivided for the purpose of creating condominium ownership is permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area.

(11) The lot width and lot area allowed in the R-1 Zoning District may be reduced to no less than 80 feet in width and 11,000 square feet in area if the property abuts an outlot area designated for public drainage and/or utility lines. The following criteria must also be met:

➢ Lots may have side yards of not less than five (5) feet for interior side yards which abut the outlot area. ➢ No fences, walls, accessory structures or overhangs are allowed within the outlot area.

1141.600: MEDIUM DENSITY RESIDENTIAL DIMENSIONAL STANDARDS.

(1) No structure shall exceed three (3) stories or 35 feet in height, whichever is less.

(2) The Floor Area Ratio within the R-2 Zoning District shall not exceed 0.3.

(3) The following minimum requirements shall govern the use and development of property in the R-2 Zoning District. Page 139 of 255

Land Use Lot Area Lot Width Lot Depth Front Rear Yard Side Yard (Sq. ft.) (ft) (ft) Yard (ft) (ft) (ft)

Single Family, 6,000 60 90 25 25 10 Detached

Twinhome 12,000 75 120 25 25 10 Rowhome 25 25 20 Separation between buildings

Cluster 30,000 100 200 25 25 10 Housing

Other Uses 15,000 100 150 25 25 10

(4) The minimum density for new developments in the R-2 Zoning District is 4.1 units per acre. The maximum density for new developments in the R-2 Zoning District is 7.0 units per acre.

(5) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least two (2) existing front yards, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet.

(6) Through lots and corner lots shall have a required front yard on each street.

(7) The width of the side yard setback abutting a building wall shall be increased two (2) inches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall equal to ten (10) percent of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot.

(8) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot.

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(9) A single family or twinhome dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the applicable provisions of the Zoning Code, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet.

(10) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common area does not exceed the maximum density permitted within the R-2 Zoning District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common area.

1141.700: HIGH DENSITY RESIDENTIAL DIMENSIONAL STANDARDS.

(1) No structure or building shall exceed four (4) stories or 45 feet in height, whichever is less.

(2) The Floor Area Ratio shall not exceed 0.35.

(3) The minimum density for all new developments shall be 7.1 units per acre. The maximum density for all new developments shall be 20 units per acre.

(4) The minimum lot area shall be 8,000 square feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum.

(5) The minimum lot width shall be 60 feet; except as provided below where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum.

(6) The front yard depth shall be a minimum of 30 feet or a distance equal to the building height, unless the average depth of at least two (2) existing buildings within 150 feet along the same block front of the lot in question are less than 30 feet, then the required front yard depth shall be the average depth of such existing front yards or the building height whichever is greater. However, the depth of the front yard shall not be less than 15 feet.

(7) The side yards shall be a minimum of 15 feet on one side and one-half (1/2) the building height on the other if the building height is less than 40 feet. If the building height exceeds 40 feet, the side yards shall be 15 feet plus one (1) foot for each foot of building height in excess of 40 feet for each one (1) foot of building height in excess of 40 feet on the other. If property abuts land in an R- 1or R-2 Zoning District at the side yard, that side shall have the larger required side yard.

(8) The width of the side yard abutting a building wall shall be increased two (2) inches for each one (1) foot the length of the wall of the building exceeds 50 feet. For the purpose of this section, a wall includes any building wall within ten (10) degrees of being parallel to and abutting the side lot line of a lot. Page 141 of 255

(9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the Zoning District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access form the street is located on the lot or an alley provides a secondary access to the rear yard of the lot.

(10) The rear yard depth shall be a minimum of 25 feet except when the rear lot line of land on the R-3 Zoning District abuts lands in the R-1 or R-2 Zoning District, then the rear yard shall be a minimum of 25 feet or the building height of the building in the R-3 Zoning District, whichever is greater.

(11) All dwelling units shall be at or above the grade of all land abutting the structure within a distance of 25 feet from all faces of the building.

(12) Each lot shall contain a minimum of 400 square feet of usable open space for each dwelling unit located on it.

(13) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common area does not exceed the maximum density permitted within the Zoning District. Provisions for open space may be provided on a common lot. Any front, rear, and side yard dimensions required by this section shall apply from the building face to the property line of the common area.

1141.800 REQUIRED YARDS/OPEN SPACE.

1141.801 Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than five (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 building such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump-outs, and platforms. b. Yard lights and nameplate signs for single family detached and twinhome residential structures in the R-1, R-2 and R-3 Zoning Districts c. Flag poles, bird baths and other ornamental features detached from the principal building. d. Canopies no more than 12 feet wide are permitted in the R-3 Zoning District if they are open at the sidesand provide 14 feet of clearance if located over any access roadway or fire land.

(2) Front yards:

a. Awning and door hoods which extend five (5) feet or less into the required front yard. Page 142 of 255

b. A vestibule which extends five (5) feet or less into the required front yard under the following conditions:

➢ The vestibule shall be designed, constructed, and attached to the principal building in compliance with the Minnesota State Building Code. ➢ The vestibule shall be constructed of materials compatible with those of the principal building. ➢ 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 six (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 six (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 stored as allowed by the Zoning Code.

(4) Rear yards:

a. Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fireplaces and fire pits. b. Recreational equipment stored as allowed by the Zoning Code.

(5) New decks may not encroach into required yards. Existing Decks not meeting the required setbacks may be replaced if the following criteria are met:

➢ The deck existed on the date the structure setbacks was 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 lot, parcel or property line.

(6) Items not specifically listed in this Subsection but that are similar may be allowed subject to approval by the Zoning Administrator.

1141.900: LIGHTING. The purpose of this subsection is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this subsection apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of the Zoning Code, street lighting within public rights-of-way, and lighting for single family detached and twinhome residential structures.

1141.901 General Provisions. Page 143 of 255

(1) Lighting Plan. a. The City shall require submission of a light distribution plan to ensure compliance with the intent of this subsection for all new multi family residential development, redevelopment and additions which exceed 20% of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site including at lot, property or parcel lines.

b. Upon completion of any project requiring a lighting distribution plan, measurement of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook and shown to comply with the provisions of this subsection. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used.

(2) Measurements shall be made after dark at the lot, property or parcel lines.

(3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed one-half (0.5) footcandle when the source of light abuts any residential parcel or one (1) footcandle when the source of light abuts any commercial or industrial parcel or any public right of way all as measured at one (1) foot above the ground.

(4) The City may limit the hours of operation of outdoor lighting equipment if the City believes it necessary to reduce the impact of light on the surrounding neighborhood.

(5) No flickering or flashing lights shall be permitted.

(6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the City. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture.

(7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available.

(8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided below.

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1141.902 Outdoor Recreational Lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of this subsection, are exempted from the exterior light standards of this subsection between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the Zoning Administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet.

SECTION 1142 COMMERCIAL & TOWN CENTER PERFORMANCE STANDARDS

SUBSECTIONS

1142.100: Introduction 1142.200: Commercial Restrictions and Performance Standards 1142.300: Town Center Dimensional and Design Standards 1142.400: Transitional Town Center Dimensional Standards 1142.500: Neighborhood Business Dimensional Standards 1142.600: General Business Dimensional Standards 1142.700: Yard Encroachments and Fences 1142.800: Lighting

1142.100: INTRODUCTION. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

1142.200: COMMERCIAL RESTRICTIONS AND PERFORMANCE STANDARDS. The following Restrictions and Performance Standards shall govern uses permitted in any C Commercial Zoning District.

(1) Goods produced on the premises in the C-1 Zoning District shall be sold only at retail on the premises and the processes and equipment employed in production shall be of such character that no offensive odor, dust, smoke, ash, gas, noise, vibration, or waste matter are produced from the use of them.

(2) Uses shall front on a public way or an interior arcade.

(3) All delivery service entrances to a building in the C-1 Zoning District shall be from a public alley, service-alley, off-street parking lot, or all deliveries shall be made from the curb.

(4) There shall be no vehicular access within 50 feet of the intersection of the projection of the nearest curb lines of any public streets to a parcel on which a commercial use is operated.

(5) No storage, display or parking of vehicles shall be allowed in any of the required yards or landscaped areas.

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(6) New structures and structures which expand the gross square footage of the structure by more than 50% shall be required to place all utility service lines underground. Any new service to an existing building shall be placed underground.

(7) Access for all commercial uses shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without generating significant traffic on local residential streets.

(8) Unless otherwise noted in the Zoning Code, all commercial uses shall maintain a minimum setback of 60 feet from any side or rear lot line abutting a residential Zoning District.

(9) Noxious Matter. The emission of noxious matter shall be controlled so that no such emission crosses the lot line of the property from which it originates. Noxious matter shall mean any solid, liquid or gaseous material, including but not limited to gases, vapors, odor, dusts, fumes, mists or combinations thereof, the emission of which is detrimental to or endangers the public health, safety, comfort or general welfare, or causes damage to property. The owner of the property and/or the manager of the business that generates noxious matter shall comply with a MPCA (Minnesota Pollution Control Agency) regular inspection schedule as approved by the City and shall submit reports of such inspections to the City.

(10) Restricted Operations. Noise, odors, smoke and particulate matter shall not exceed Minnesota Pollution Control Agency standards. Glare, whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general illumination, shall not be visible beyond the lot line of the property from which it originates.

1142.300: TOWN CENTER DIMENSIONAL AND DESIGN STANDARDS. The following standards shall apply to the TC Town Center District.

1142.301 Town Center Dimensional Standards.

Minimum Lot Width (ft.) 30 Front yard - Minimum Setback (ft.) 0 - Maximum Setback (ft.) 3 along Main Avenue 10 along Local Streets (except Main Avenue) No Maximum along Highway 21 Side Yard - Minimum Setback (ft.) 0 - Maximum Setback (ft.) 10 along Main Avenue and Local Streets (unless parking is located within the side yard) No Maximum along County Highway 21 Rear Yard - Minimum (ft.) 0 Minimum Floor Area Ratio (ft.) 0.5 Build-To Line Along Main Avenue a build-to line is established a distance of 3 feet from the inner edge of the street right-of-way (in most cases, this is the inner edge of the sidewalk). At least Page 146 of 255

70% of the building façade that fronts Main Avenue must be built out to this line. Minimum Height (ft.) 17 on Main Avenue Maximum Height (ft.) 55

1142.302 Town Center Design Standards. The purpose of this Subsection is to provide guidance and direction in the development and redevelopment of lots within the Town Center Zoning District. The long term viability of materials, visual character and sense of place of the Town Center Zoning District are important attributes to the high quality of life in our community. The design of existing and new structures shall be complementary and of high quality.

The design standards have been developed for the following purposes: • To ensure new development compliments the established character of the Town Center Zoning District; • To set clear standards for the development and redevelopment that reinforces the small town feel and character of the Town Center Zoning District; • To implement the community goals of the Comprehensive Plan; and • To guide developers and property owners on expansions, renovations, or new construction.

(1) Applicability. The design standards and the design review procedure per (3) below apply only to the building(s) being developed or altered including: a. All new commercial or mixed-use buildings. b. Any renovation, expansion, or exterior changes to existing commercial or mixed-use structures.

(2) Exemptions. The design standards do not apply to: a. Internal alterations that do not result in a change to the building height, roofline, or footprint. b. Building additions of less than 50% gross floor area.

(3) Review Procedure.

In addition to the site plan review information required under Subsection 1150.100 the following items shall be submitted for review and approval:

a. Elevations. Complete exterior elevations of all proposed buildings and existing buildings if they are joined to new development. Elevations should be drawn at an appropriate scale (usually ¼” = 1’) and should show:

i. Designations of materials and colors proposed for all exterior facades; ii. Percentage breakdown by material for each façade; and iii. Proposed style, size, and location for all signs.

b. Materials Sample. Materials samples should be presented, including color and material type for all walls and roof. c. Color Samples. Samples of all principal and accent colors to be used. d. Building Height and Context. Photographs of surrounding buildings on the same block or street that shows the proposed construction or renovations in Page 147 of 255

context.

(4) Design. a. Exterior Materials. i. Minimum of 80% of facades abutting public right of way shall be constructed of high-quality, durable principal materials including: 1. Brick 2. Natural or Cast Stone 3. Glass

ii. Maximum of 20% of facades abutting public right of way can be constructed of high quality, durable accent materials as approved by the Zoning Administrator.

iii. Side or rear façades not abutting public right of way shall have a minimum of 60% of the principal materials listed in i. above and a maximum of 40% of accent materials as per ii. above.

iv. Prohibited exterior façade materials include, but are not limited to: 1. Vinyl 2. Plastic 3. Composite plywood 4. Concrete Masonry Units (except as foundation) 5. Reflective or mirrored glass

b. Colors. i. Building colors shall consist of subtle, neutral, muted colors, with low reflectance which complement the principal materials. ii. Bright or primary colors should only be used as accents, occupying a maximum of 10% of building facades. This standard does not apply to murals or other approved public art.

c. Roofs. i. Sloped roofs should only be used when the project abuts residentially zoned lots. Sloped roofs on projects not abutting residentially zoned lots shall only be used if concealed by a parapet or false front.

(5) Screening. Utility service structures such as utility meters, transformers, above-ground tanks, refuse handling, loading docks, maintenance structures and other ancillary equipment must be inside a building or be entirely screened from abutting property views by a decorative fence, wall, or screen of plant material of sufficient height. Fences and walls shall be architecturally compatible with the primary structure. Loading docks or doors should always be located on a side or rear elevation.

1142.400: TRANSITIONAL TOWN CENTER DIMENSIONAL STANDARDS.

1142.401 TC-T Transitional Town Center Use District. The purpose of the TC-T Transitional Town Center Zoning District is to provide a special designation for the fringe areas of the historical and recognized downtown business area. Eventually redevelopment, stimulated in part by available City programs, Page 148 of 255

should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the Town Center. New development and redevelopment in the TC-T Zoning District will only be permitted if it conforms to the uses allowed in the TC Town Center Zoning District.

1142.402 Permitted Uses. Uses, whether commercial or residential, legally existing on June 1, 2009 may continue. The intent of this provision is to allow existing uses to remain and be maintained. To meet this intent, the following work is permitted:

(1) Work required bringing existing structures into compliance with current building code;

(2) Interior remodeling;

(3) The addition of a two (2) car garage, either attached or detached to residential structures.

(4) Existing residential uses may be converted to provide additional units.

a. A minimum of two (2) parking spots per unit must be provided on the site.

1142.403 Uses Permitted By Conditional Use Permit. No structure or land in a C-T Transitional Town Center Zoning District may be used for any of the uses listed below except by Conditional Use Permit. Conditional Uses must comply with all provisions of the Zoning Code including but not limited to conditions, requirements, performance standards and procedures and with any other conditions the Planning Commission may impose that are intended to promote the health, safety, and welfare of the residents within the City to maintain the characteristics of a neighborhood.

(1) Conversion of existing residential uses to commercial uses may be permitted subject to approval of a Conditional Use Permit.

a. The use must be located completely within the existing structure. No additions to the structure are permitted.

b. The exterior of the existing building shall maintain the residential character of the structure.

c. No more than one wall sign shall be permitted.

1142.404 Redevelopment of Existing Structures and Uses. Development of properties within the TC-T Zoning District for commercial use, shall not be permitted unless the property is rezoned to the TC Zoning District.

1142.405 Dimensional Standards. Dimensional standards for uses in existence on June 1, 2009 in the TC-T Zoning District shall be the same as those standards in the R-2 Zoning District.

1142.500: NEIGHBORHOOD BUSINESS DIMENSIONAL STANDARDS.

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(1) The following minimum requirements shall govern the use and development of lots in the C-1 Zoning District.

Minimum Maximum Maximum Maximum Front Side Yard Rear Parking Lot Area Building Lot Area Height Yard (ft.) Yard (ft.) Setback (sq. ft.) Size (sq. ft.) (acres) (ft.) (ft.) (ft.) 20,000 10,000 5 35 30 15 30 10

(2) Lots Adjacent to Residential Zoning Districts: The following setbacks shall apply to developments and use of lots adjacent to Residential Zoning Districts:

Building Setback Adjacent to R Zoning District Parking Setback Adjacent to R Zoning District (ft.) (ft.) 60 20

1142.600: GENERAL BUSINESS DIMENSIONAL STANDARDS.

(1) The following minimum requirements shall govern the use and development of lots in the C-2 Zoning District.

Minimum Minimum Maximum Front Side Yard Rear Parking Lot Area Lot Width Height Yard (ft.) (ft.) Yard (ft.) Setback (ft.) (ft.) 0.5 Acre 100 45’ or 4 30 10 15 10 stories, whichever is greater

(2) Lots Adjacent to Residential Zoning Districts: The following setbacks shall apply to developments on lots adjacent to Residential Zoning Districts:

Building Setback Adjacent to R Zoning District Parking Setback Adjacent to R Zoning District (ft.) (ft.) 60 20

1142.700: BUSINESS PARK DIMENSIONAL STANDARDS.

1142.701 Dimensional Standards. The minimum lot size in the C-3 Zoning District shall be one (1) acre, and the minimum lot width shall be 100 feet. No more than 50% of any lot shall be covered by structures. Maximum Floor Area Ratio is 0.50. No structure shall exceed four (4) stories or 45 feet in height, whichever is less.

1142.702 Required Setbacks. Within the C-3 Business Park Zoning District, the following minimum setbacks shall apply:

FRONT SIDE REAR ARTERIAL & COLLECTOR ROADS (ft.) (ft.) (ft.) (ft.) Structure 30 15 15 50 Page 150 of 255

Structure abutting 30 50 50 50 an R" Zoning District Parking Lot, Drive Aisle, Ground Sign 10 5 10 30 Parking Lot 10 20 20 NA abutting an R Zoning District

1142.800: YARD ENCROACHMENTS.

1142.801 The following shall not be deemed encroachments on yard requirements unless located less than five (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 corresponding floor level), fireplace bump-outs, and platforms

b. Yard lights, floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes.

c. Flag poles, bird baths and other ornamental features detached from the principal building.

d. Canopies no more than 12 feet wide are permitted in the C-1, C-2, and C-3 Zoning Districts if they are open at the sides 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 five (5) feet or less into the required front yard.

b. A vestibule which extends five (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 Minnesota State Building Code. ➢ The vestibule shall be constructed of materials compatible with those of the principal structure. ➢ The vestibule area, measured from the outside of the outside walls, shall not exceed 30 square feet.

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c. Heating, ventilating and air conditioning equipment which extends less than six (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 six (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.

(4) Rear yards:

a. Heating, ventilating and air conditioning equipment.

(5) Items not specifically listed in this Subsection but that are similar may be allowed subject to approval by the Zoning Administrator

1142.900: LIGHTING. The purpose of this subsection is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this subsection apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of the Zoning Code or street lighting within public rights-of-way.

1142.901 General Provisions.

(9) Lighting Plan

a. The City shall require submission of a light distribution plan to ensure compliance with the intent of this subsection for all new commercial development, redevelopment and additions which exceed 20% of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site including at lot, property or parcel lines.

b. Upon completion of any project requiring a light distribution plan, measurement of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook and shown to comply with the provisions of this subsection. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used.

(10) Measurements shall be made after dark at the lot, property, or parcel lines.

(11) Exterior lighting shall be designed and arranged to limit direct illumination and Page 152 of 255

glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed one-half (0.5) footcandle when the source of light abuts any residential parcel or one (1) footcandle when the source of light abuts any commercial or industrial parcel or any public right of way all as measured at one (1) foot above the ground.

(12) The City may limit the hours of operation of outdoor lighting equipment if the City believes it necessary to reduce the impact of light on the surrounding neighborhood.

(13) No flickering or flashing lights shall be permitted.

(14) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the City. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture.

(15) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available.

(16) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided below.

1142.902 Outdoor Recreational Lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of this subsection, are exempted from the exterior light standards of this subsection between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the Zoning Administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet.

SECTION 1143 INDUSTRIAL PERFORMANCE STANDARDS

SUBSECTIONS

1143.100: Introduction 1143.200 Industrial Performance Standards 1143.300: Industrial Dimensional Standards 1143.400 Yard Encroachments and Fences 1143.500 Lighting

1143.100: INTRODUCTION. All properties must comply with all applicable provisions of the City Code including but not limited to the Page 153 of 255

performance standards in this Section and all other applicable provisions of the Zoning Code.

1143.200 INDUSTRIAL PERFORMANCE STANDARDS. No structure or premises within any "I" Zoning District shall be used for one (1) or more of the following uses unless its use complies with the following regulations:

(1) Except for off-street vehicular parking, off-street loading, or as specifically permitted elsewhere in the Zoning Code, all business, service, storage, merchandise, display, repair, waste disposal, and processing shall be conducted wholly within an enclosed structure.

(2) Processes and equipment employed in production of goods shall conform to the following standards:

a. Vibration. Any vibration discernible beyond the property line to the human sense of feeling for five (5) minutes or more duration (cumulative) in any 1 hour or any vibration producing a particle velocity of more than .035 inches per second are prohibited. For properties abutting an R Zoning District, no vibration producing a particle acceleration velocity of more than .035 inches per second at the property line are permitted between the hours of 7:00 p.m. and 7:00 a.m.

b. Glare and Heat. Any operation producing glare or heat shall be performed within an enclosure so as not to be perceptible at the property line.

c. Industrial Waste Material. All liquid and solid waste shall be identified in all processes and operations and approved disposal methods identified. All waste discharged to the sanitary sewer shall meet the requirements of the City and the Rules and Regulations of the Metropolitan Waste Control Commission. All proposed discharges to the storm sewer shall be identified. No waste will be permitted to be discharged into the storm sewer system, provided, that this does not exclude storm drainage, cooling water, and other water not prohibited by any law, rule, regulation, or ordinance. Stormwater drainage and erosion and sediment control shall meet the requirements of all state laws, rules, regulations, watershed district requirements, and City requirements as may be amended from time to time. Stormwater drainage shall be protected from undue pollution and contaminants. All solid waste must be identified and handled in compliance with federal, state, and local requirements as may be amended from time to time.

d. Noise. Noise levels inside and outside of all buildings must meet federal, state and local requirements as may be amended from time to time.

e. Air Pollution. All emissions shall meet federal, state and local requirements as may be amended from time to time.

(3) The manufacture of a product which decomposes by detonation or produces dioxin is prohibited.

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(4) There shall be no access to a property which is within 50 feet of the intersection of the nearest curb of any public streets.

(5) No storage areas, no display or parking of vehicles shall be permitted in any required yard or landscaped areas.

(6) All utility service lines including electric, gas, water, sanitary sewer, storm sewer, telephone, and cable shall be placed underground at the owner's expense for all new structures or new additions which expand the gross square footage by more than 50%, and in those instances in which any new service is provided to an existing building.

(7) Access to all industrial uses shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

(8) When any part of an industrial property abuts any property line of property used or zoned for residential use or is designated in the Comprehensive Plan for residential use, all outdoor activities are limited to normal hours of operation. Normal hours of operation are defined as being between the hours of 6:00 a.m. and 10:00 p.m. Monday through Sunday inclusive. Outdoor activities include all manufacturing, testing, processing, loading, unloading, truck maneuvering, movement of equipment and other materials and other similar uses that occur outside of an entirely enclosed principal structure. All activities that are not conducted within normal hours of operation shall be conducted entirely within a completely enclosed principal structure.

(9) Temporary Permit for Extended Hours of Outdoor Operation.

a. A business may apply for a temporary permit to conduct outdoor operations outside of normal business hours (between 10:00 p.m. and 6:00 a.m.). The application for such permit shall specify the name and address of the applicant, the location of the temporary outdoor operation, the nature of the activity, the anticipated duration of such activity and the name and telephone number of the responsible person available on the premises while temporary outdoor operations are being conducted. The permit application shall be submitted to, reviewed by and either issued or denied by the Zoning Administrator.

b. A temporary permit may be granted for a period not to exceed 15 days. A person receiving a temporary permit may apply for extensions, provided that the number of days in which temporary permits are granted shall not exceed 90 days in any calendar year.

c. A permit shall not be issued to any applicant who has had 2 violations of a temporary permit and/or this Ordinance within a period of one (1) year preceding the date of application.

d. A permit issued pursuant to this section shall be revoked upon a violation of this subsection or the terms of the permit.

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e. When a permit is issued for a period of time exceeding 5 days, notice shall be sent to owners of property in a residential Zoning District abutting the property for which a permit is granted informing them of the terms of the permit. The holder of the temporary permit shall reimburse the City for the cost of such notice.

f. Employee parking during temporary outdoor operations shall be located on- site as far as possible from the abutting residential Zoning District.

g. The fee for a temporary permit shall be as set forth in the City Fee Schedule.

h. A business shall apply for a temporary permit at least 7 business days before the after-hour activity is to commence.

(10) No outdoor public address systems shall be permitted.

(11) Unless otherwise noted in the Zoning Code, all industrial buildings shall maintain a minimum setback of 60 feet from any side or rear property line abutting a residential Zoning District.

1143.300: INDUSTRIAL DIMENSIONAL STANDARDS.

(1) The following minimum requirements shall govern the use and development of property in the I-1 Zoning District.

Minimum Minimum Maximum Maximum Front Side Yard Rear Parking Lot Area Lot Width Height Floor Yard (ft.) (ft.) Yard (ft.) Setback (ft.) Area (ft.) Ratio 1 Acre 150 45’ or 4 1.0 30 10 15 10 stories, whichever is less

(2) Lots Adjacent to residential Zoning Districts: The following setbacks shall apply to developments on lots adjacent to residential Zoning Districts:

Building Setback Adjacent to residential Parking Setback Adjacent to residential Zoning Zoning District (ft.) District (ft.) 60 20

1143.400: YARD ENCROACHMENTS.

1143.401 The following shall not be deemed encroachments on yard requirements unless located less than five (5) feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code.

(2) All yards:

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e. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump-outs, and.

f. Yard lights, floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes.

g. Flag poles, bird baths and other ornamental features detached from the principal building.

h. Canopies no more than 12 feet wide are permitted in the “I-1” District if they are open at the sides 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 five (5) feet or less into the required front yard.

b. A vestibule which extends five (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 Minnesota State Building Code. ➢ The vestibule shall be constructed of materials compatible with those of the principal structure. ➢ 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 six (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:

c. Eaves which extend no more than six (6) inches into the required yard, and gutters which extend no more than 12 inches into the required yard,

d. Heating, ventilating and air conditioning equipment.

(4) Rear yards:

b. Heating, ventilating and air conditioning equipment.

(5) Items not specifically listed in this Subsection but that are similar may be allowed subject to approval by the Zoning Administrator

1143.500: LIGHTING. The purpose of this subsection is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to Page 157 of 255

prevent the nuisances associated with the intrusion of spillover light and glare. The requirements of this subsection apply to all exterior lighting except for the following: holiday décor, lighting for signs which is regulated by the sign regulations of the Zoning Code or street lighting within public rights-of-way.

1143.501 General Provisions.

(1) Lighting Plan

a. The City shall require submission of a light distribution plan to ensure compliance with the intent of this subsection for all new industrial development, redevelopment and additions which exceed 20% of the floor area of the principal structure. The plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site including at lot, property or parcel lines.

b. Upon completion of any project requiring a light distribution plan, measurement of lighting levels of lots, properties or parcels within the project area must be shown to be within Illuminating Engineering Society (IES) standards as specified in the most recent version of the IES Handbook and shown to comply with the provisions of this subsection. Mitigating measures shall be employed to limit glare and spill light to protect neighboring lots, properties, or parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used.

(2) Measurements shall be made after dark at the lot, property or parcel lines.

(3) Exterior lighting shall be designed and arranged to limit direct illumination and glare to any contiguous lot, property or parcel of land. Reflected glare or spill light shall not exceed one-half (0.5) footcandle when the source of light abuts any residential parcel or one (1) footcandle when the source of light abuts any commercial or industrial parcel or any public right of way all as measured at one (1) foot above the ground.

(4) The City may limit the hours of operation of outdoor lighting equipment if the City believes it necessary to reduce the impact of light on the surrounding neighborhood.

(5) No flickering or flashing lights shall be permitted.

(6) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the City. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected view of the light source are eliminated by the fixture design or location of the lighting fixture.

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(7) No light source or luminaire shall be located within a bufferyard except on pedestrian walkways unless it is demonstrated that no other alternative to provide site lighting is available.

(8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except for outdoor recreational lighting as provided below.

1143.502 Outdoor Recreational Lighting. Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of this subsection, are exempted from the exterior light standards of this subsection between the hours of 4:00 p.m. and 11:00 p.m. because of their unique requirements for nighttime visibility and their limited hours of operation. Any new lighting or replacement lighting shall submit a lighting plan subject to the approval of the Zoning Administrator. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet.

SECTION 1144 ARCHITECTURAL DESIGN

SUBSECTIONS

1144.100: Purpose 1144.200: Multi Family, Commercial and Industrial Standards 1144.300: Town Center Design and Review Standards

1144.100: PURPOSE. The purpose of this Section is to serve the public interest by requiring development in the City to meet certain minimum architectural design standards. Through a comprehensive review of both functional and aesthetic aspects of new or intensified developments, the City needs to accomplish all of the following objectives:

➢ Implement the goals and policies set out in its Comprehensive Plan; ➢ Preserve the character of residential neighborhoods and the City's commercial and industrial areas; ➢ Maintain and improve the City tax base; ➢ Reduce the impacts of dissimilar land uses; ➢ Promote orderly and safe flow of vehicular and pedestrian traffic; ➢ Discourage the development of identical and similar building facades which detract from the character and appearance of the neighborhood; ➢ Preserve the natural and built environment; and ➢ Minimize adverse impacts on adjacent properties from buildings which are or may become unsightly.

All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

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1144.200: MULTI FAMILY, COMMERCIAL, AND INDUSTRIAL STANDARDS. The provisions in this Subsection apply to commercial, industrial, and multi-family residential uses. These provisions apply to all new buildings. These provisions to all additions to existing buildings. If an addition exceeds a 50% expansion of the existing building area, both the existing building and the addition shall meet the provisions of this Subsection. When only the building’s exterior is being renovated, the renovations may replace existing materials with new like- materials, or with permitted exterior materials identified in this Subsection.

(1) Roofs that are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam prefinished metal, concrete, slate, tile or copper and be of an approved earth tone color. The visual impact of rooftop equipment shall be minimized using one of the following methods:

➢ A parapet wall. ➢ A fence or screen, the height of which extends at least one (1)-foot above the top of the rooftop equipment and incorporates the architectural features of the building. ➢ The rooftop equipment shall be painted to match the roof facing material of building.

(2) The development must locate the noise-producing portions of the development, such as loading docks, outside storage and outside activity away from adjacent residential areas.

(3) All outside storage areas shall be screened to minimize off-site views using a bufferyard type C or greater, as defined by the Zoning Code.

(4) Utility service structures such as utility meters, utility lines, transformers, generators, above ground tanks, fuel canisters, , maintenance structures, and other ancillary equipment must be inside a building or be entirely screened from off-site views.

(5) All utility services shall be underground except as provided elsewhere in the City Code.

(6) Exterior surface materials of buildings shall be subject to the following regulations:

a. Permitted Exterior Materials. The following materials shall be allowed as exterior finishes for all buildings: Brick, stone, stucco or EIFS synthetic stucco (provided that the material shall not be allowed within four (4) feet from grade) architectural concrete precast panels, color impregnated decorative block, and glass. Architectural precast panels may be painted to the manufacturer’s painting specifications.

Wood, cement siding or prefinished metal are allowed, provided that no more than 25% of any individual exterior wall shall consist of this material. This 25% limit may be exceeded only as follows: Page 160 of 255

➢ Up to 75% of any individual exterior wall, including accessory structures, may be constructed of these materials, provided the entire exterior wall is not visible from off the site. ➢ There is no limit on the amount of insulated metal wall panels that may be used on an exterior wall in the C-3 or I-1 use districts provided they are used in a panelized system that consists of prefabricated or factory manufactured insulated metal wall panels and the building design includes a minimum of three of the building design elements listed below .

Masonry materials such as brick, stone and block may be used as face or veneer, adhered or anchored, as long as the exterior finish remains durable with equal high architectural quality.

b. Prohibited Exterior Materials. The following materials shall not be allowed as exterior finishes for all buildings:

Unadorned pre-stressed concrete panels, non-decorative concrete block, sheet metal, corrugated or unfinished metal (except copper or other metal specifically engineered for exterior architectural use).

c. Long Walls. No wall shall exceed 100 feet in length without visual relief, defined as the incorporation of design features such as large doors, windows, horizontal and vertical patterns, contrasting materials, or varying wall depths.

d. Use of Non-Listed Materials. The Zoning Administrator may permit an exterior surface material not identified in this Subsection, provided the material is a result of new technology and/or the material is equal to or better in quality, appearance, and durability than the permitted materials. The applicant must submit the manufacturer’s warranty of the non-listed material. This subsection does not intend to reduce the percentage of required materials.

(7) Building design shall include a minimum of two (2) of the following design elements:

a. At least two contrasting, yet complementary exterior building colors, accent materials, or material textures;

b. At least 25% window coverage on each building wall facing a street;

c. A combination of horizontal and vertical design features;

d. A front entry that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance;

e. Varying roof line;

f. Varying wall depths and shapes; and/or

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g. Other unique architectural features in the overall building design.

1144.300: TOWN CENTER DESIGN AND REVIEW STANDARDS.

1144.301 Purpose. The purpose of this Subsection is to provide guidance and direction in the development and redevelopment of the TC Zoning District. The TC Zoning District is the center for the role of Downtown as the community focus of government, culture, and social interaction. The guidelines below were developed to:

➢ Ensure that new development complements the established character of the Downtown’s neighborhood, ➢ Enhance the traditional downtown/”main street” character, ➢ Improve the predictability of the review and approval process for residents, developers, and staff, ➢ Set standards for development and redevelopment that enhance and maintain traditional small downtown character, and ➢ Introduce sustainable and “green” building practices to provide guidelines and criteria.

1144.302 Applicability. The design standards apply to all new construction; any renovation, expansion, or other exterior changes to existing non-residential and/or multi-family buildings, including re-painting; any development or expansion of parking areas; and any other exterior alteration that requires a building permit.

The design standards shall apply only to the building or site elements being developed or altered. That is, changes to a building shall comply with those standards that pertain to buildings, while changes to a parking area shall comply with standards for parking areas, but not for buildings.

There are many ways to achieve the same design objective. The Zoning Administrator may permit alternative approaches that, in his/her determination, meet the objective(s) of the design standard(s) equally well.

1144.303 Design Standards.

(1) Prior Lake Downtown Building Design Standards. The Design Standards are established to preserve and promote a theme of a traditional downtown aesthetic as described in the purpose above.

(2) Renovation of Existing Buildings. During the exterior renovation of an existing building any façade additions that are not compatible with the style and period of the building shall be removed to the extent feasible. These may include, but are not limited to, wood or plastic shake mansard roofs, plastic or oddly shaped awnings, window opening infills, or surrounds designed to reduce the size of window openings, modern siding materials inconsistent with the original façade, and light fixtures inconsistent with the building’s original style or a traditional downtown aesthetic.

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➢ Masonry buildings shall be cleaned as necessary to lighten the overall color. ➢ New masonry work shall match the color and materials or the original façade. ➢ Wherever practical, façade renovations shall not destroy or cover original details on a building. Brick and stone facades shall not be covered with artificial siding or panels. ➢ Original window and door openings shall be maintained wherever practical. New window and door openings shall maintain a similar horizontal and vertical relationship as the original.

(3) General infill principles. Infill buildings shall reflect the original design of surrounding storefront buildings in scale and character. This can be achieved by maintaining similar setbacks, cornice lines, horizontal lines of windows and openings, and compatible building materials and colors. Where such original buildings are missing or have been extensively altered, the other design standards in this subsection shall be applied.

(4) Mechanical Equipment Screening. Utility service structures such as utility meters, transformers, above-ground tanks, refuse handling, loading docks, maintenance structures and other ancillary equipment must be inside a building or be entirely screened from off-site views by a decorative fence, wall, or screen of plant material of sufficient height. Fences and walls shall be architecturally compatible with the primary structure. Loading docks or doors should always be located on a side or rear elevation.

(5) Exterior Materials. Brick, stone, rusticated concrete block, glass, and similar materials in regard to durability as approved by the Zoning Administrator are the permitted exterior materials. Complementary building materials including metal, stucco, or Exterior Insulation and Finish System (EIFS), may be used as architectural detail but shall not exceed 25 percent of the total area of facades adjacent to public rights-of-way or 50 percent of building facades that do not face public rights-of-way.

(6) Color. The only colors permitted are a color palette of earth tone colors and/or a white nautical aesthetic. Earth tone colors are defined as beige, tan, brown, and gray. Bold accent colors shall not represent more than 10% of the front building façade or 20% of the side or rear building facade.

(7) Lighting. Lighting shall be screened or diffused so that the light source is not directly visible from the street level. Unshielded wall pack lights are not permitted.

(8) Roof. Roofs along Main Avenue shall be flat with appropriately detailed parapets and/or cornices. Flat and low-profile roofs with a maximum two and one half (2 ½) roof pitch are permitted elsewhere in the Town Center District. Architectural elements such as cornices, decorative chimneys and moldings shall be used to enhance the roof line. Rooftop equipment, including air conditioning units that project above the roofline, shall be set back from the primary building elevation and shall not be visible from the street level.

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(9) Building Options. The building design is encouraged to include the following design elements:

➢ Base/Middle/Top Design – The traditional division of an articulated storefront or entry-level story, an upper façade with regularly-spaced windows, and a well-demarcated roofline.

➢ Windows/Glass – Base floor use of a minimum 50% glass material for the front exterior elevation. Middle and top use of a minimum 25% glass material for front exterior elevation.

➢ Transom – Horizontal structural beam, bar, or crosspiece separating a door from a window above it or separating an entry-level window from a window above it.

➢ Awnings – Only the use of fabric awnings or architectural metal awnings are permitted. Awnings shall not project more than three (3) feet into the public right-of-way.

➢ Architectural detailing on corners, cornices, windows, and doorways, beyond the basic building wall materials.

➢ Green Roofs – All green roofs shall meet stormwater best management practices as identified in the Public Works Design Manual.

➢ Vertical architectural features such as columns, pilasters, piers, vertical changes in wall planes, or vertical changes in texture or materials.

➢ Incorporation of upper story elements, such as windows, balconies, and terraces.

➢ Murals – Addition of murals which are not advertising a particular business or company.

1144.304 Modifications. Any person seeking to construct a new building or remodel an existing building in the TC Zoning District may seek a modification of the Design Standards contained in this Subsection if it can be demonstrated that application of the Design Standards will result in undue hardship or practical difficulties to the owner or developer of the affected property. An application for such modifications shall accompany the building permit application and shall state the rationale for each such request. Cost alone should never be the basis for modification of the Design Standards. The request for modification of the Design Standards shall be processed under the procedural requirements for a conditional use permit as set forth in the Zoning Code.

SECTION 1145 LANDSCAPING, BUFFERYARDS, TREES, AND FENCES

SUBSECTIONS

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1145.100: Introduction 1145.200: Required Yards/Open Space 1145.300: Landscaping and Screening 1145.400: Bufferyards 1145.500: Tree Preservation and Restoration 1145.600: Fences and Walls 1145.700: Traffic Visibility

1145.100: INTRODUCTION. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

1145.200: 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 the Zoning Code.

2) If the existing yard is less than the minimum size required by the Zoning Code, 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 the Zoning Code, it shall not be reduced in size.

4) No yard or open space which is required by the Zoning Code for any structure shall be included as a part of any yard or open space which is required by the City Code for another structure, unless specifically provided in this Section.

5) Usable open space which is required by the Zoning Code may 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 the City Code.

1145.300: LANDSCAPING AND SCREENING.

1145.301 Purpose. The purpose of this subsection is to establish performance standards and minimum requirements for landscaping, buffering and screening that will enhance the visual, environmental, and aesthetic character of property and site development within the City. These standards will be used to review and evaluate subdivision and site plans and development proposals.

The objectives of these requirements are to establish and maintain forestation of the City; to provide appropriate ground cover vegetation for controlled soil erosion; to preserve and enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the

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course of development; and to establish standards for utilization of natural and other materials to achieve desired screening, buffering and landscaping.

This subsection sets forth minimum requirements for landscaping and reforestation and technical limitations to assure that the result is consistent with reasonable maintenance requirements on a long-term basis and to assure that the results provide landscape amenities to the urban environment.

This subsection is intended to provide standards that allow flexibility in design and individual site needs. Designers are encouraged to utilize a variety of site landscape elements (i.e., trees, shrubs, ground covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, art forms and other similar items), in creative ways that are aesthetically pleasing yet functional where required.

1145.302 Plan Review Standard. Plan review by the City will include such items as: choice of materials, especially plantings, to determine if they are functionally appropriate for the intended purpose; hardiness; disease-resistance; compatible choice and mix of materials; whether materials complement and/or provide pleasing contrast to on-site and off-site conditions to maintain interest; and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this subsection due to unique or exceptional circumstances and conditions which are existing or proposed.

1145.303 Application. This subsection applies to all proposed commercial, industrial, multi family residential (projects of three (3) or more dwelling units per building), public assembly, and school uses which are permitted, permitted with conditions or permitted with conditional use permits within their respective Zoning Districts. Properties in TC which do not have frontage on CH 21 or State Highway 13 shall be exempt from this subsection.

Existing commercial, industrial, multi family residential (projects of three (3) or more dwelling units per building), and public assembly uses shall also comply with this subsection, except as exempted herein, when a building permit is issued for their expansion. Exceptions include additions in which the ground building footprints in total are under 10% of the existing structures gross floor area or 4,000 square feet, whichever is less.

1145.304 General Provisions and Landscape Requirements.

1) To help assure the best possible results, landscaping plans must be prepared and certified by a registered landscape architect in the State for:

➢ Commercial, industrial, and public assembly development projects with sites over 20,000 square feet and/or gross building area of 4,000 square feet or more; ➢ Multi family residential projects of eight (8) or more dwelling units per building.

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Plans for projects smaller than those identified above shall be prepared by either a registered landscape architect or a professional site planner with educational training or work experience in site analysis and landscape plan preparation.

2) The quantity of plant materials shown on the landscape plans of proposed developments shall meet or exceed the minimums defined in this subsection.

3) The City requires landscape treatment of the whole site to include the following elements:

➢ The site perimeter. ➢ The "entry" focal area(s) of a development (i.e., major entity drives, corner areas, signage locations and other similar focal points). ➢ The parking lot landscape. ➢ Screening of mechanical equipment, exterior storage, loading docks, trash storage or visual clutter as identified by the City in plan review process.

4) The plant materials used must meet or exceed the City standards of size and species in order to qualify for credit towards the landscape requirements. Additional plant materials smaller than required herein may be appropriate and necessary to achieve the design effect.

5) Preservation of existing vegetation on site is encouraged and will be credited toward the landscape requirement if it can successfully be incorporated into the landscape plan. Existing plant materials must meet or exceed the City standard in order to qualify for a one-to-one substitution credit.

6) Plantings at street intersections shall not block visibility within the traffic visibility zone.

7) Plantings shall not interfere with drainage patterns, create unreasonable conflict with utilities (i.e., frequent pruning near overhead power lines, etc.) or restrict access to any utilities.

8) Landscape coverage shall be defined as all ground areas surrounding the principal building and accessory buildings which are not garden areas, driveways, parking lots, sidewalks or patios. All ground areas shall be landscaped with grass, shrubs, trees or other approved material.

9) Landscaping and/or irrigation systems within City right-of-way are not permitted without written consent of the City Engineer and an executed Private Use of Public Property Agreement.

10) Trees shall be from balled and burlapped, certified nursery stock as defined and controlled by Minnesota Statutes Chapter 18H. Landscaping trees may also be from bare root stock, provided the trees are planted no later than May 15th, and the planting is inspected by the City.

1145.305 Calculation of Requirements, Credits and Sizes.

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1) The planting requirement shall be the sum of the following separate requirements. These formulas are only intended as a method to generate a quantitative performance level and not a design instruction. Creativity of design is encouraged to provide specific solutions.

a. Perimeter Tree Calculation:

➢ Commercial, Industrial, School, and public assembly sites shall contain, at a minimum, the greater of: one (1) tree per 40 feet of the site perimeter, or one (1) tree per 1,000 square feet of gross building area. ➢ Multi Family Dwelling sites shall contain, at a minimum, the greater of: one (1) tree per dwelling unit, or one (1) tree per 40 feet of site perimeter.

b. Entry Plantings: Each "entry” and focal area of a development shall include landscaping (trees, shrubs, etc.). No numerical requirement of plants is provided, but the landscape plan shall reflect the proposed plantings. Trees required on the perimeter calculation are not applicable to this design feature.

c. Parking Lot Landscape: Requirements for landscaping of parking lots are outlined in the Parking Section of the Zoning Code.

d. Miscellaneous Screenings: As identified in Subsection 1146.306 below, other screening shall be provided. No numerical requirement of plants is provided. The perimeter tree planting requirement may be used to provide trees for this purpose.

2) Plant Sizes. Plants provided by the developer as credit for meeting the landscape requirement shall meet the following size criteria:

a. Deciduous Canopy Trees: Two (2 ) inch caliper balled and burlapped.

b. Coniferous Trees: Six (6) feet high balled and burlapped.

c. Others.

➢ Ornamental or Half Trees: One and three fourths (1 ¾) inches caliper balled and burlapped (can substitute for canopy trees at a ratio of two (2) ornamental/half trees for one (1) canopy tree). ➢ Other Shrubs: No minimum, except that they must meet the stated purpose (screening, etc.)

d. All plantings shall be appropriate to the hardiness zone and physical characteristics of the site. They shall conform to the size and quality standards in the most current edition of the "American Standard for Nursery Stock" as published by the American Nursery and Landscape Association.

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e. Any deciduous and coniferous trees proposed to meet the minimum requirements must be included on the list of acceptable species in the Tree Preservation and Restoration subsection below.

f. The complement of trees fulfilling the minimum requirements shall be at least 25% deciduous and at least 25% coniferous to maintain a mix of plant types. Any proposed modification to this requirement will consider the site specific design solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met.

g. Installation will be in accordance with professional horticultural standards as established in the most current edition of the "Landscape Construction Reference Manual" as published by the American Nursery and Landscape Association.

3) Credits for Existing Materials. The developer may request credit for plant materials preserved on site provided the developer has demonstrated that the plant material has been accurately identified by species and location on a survey. The plant materials correct location shall also be shown on the grading plan with appropriate measures to ensure their protection and survival (i.e., snow fence barrier, appropriate distance to tree base and root structure, pruning, watering, mulching, root protection/pruning, timing, fertilization, tree removal plan/techniques, disease prevention, method to prevent soil compaction over root systems, etc.). This tree protection/preservation plan shall be prepared by a qualified forester, registered landscape architect or arborist.

a. Existing trees must conform to the minimum size requirements identified in this subsection to be credited.

b. Plants must be of approved species included on the list in the Tree Preservation Restoration and subsection below. Weak wooded and disease prone species are not suitable for credit.

c. The extent of credit will be based on staff review of data (plans and narrative) presented by the developer. Criteria will include type of material, size, quality, location and extent of site coverage.

4) Variation of Plant Sizes.

a. For all landscape plans, at least 10% of the coniferous and/or deciduous canopy trees must exceed the minimum size (at least eight (8) feet high or three and one half (3 ½) inches caliper balled and burlapped respectively) to establish some diversity in size.

b. For multi-family projects, 20% of the required plants shall be of larger sizes. These plants shall be used in the areas for strategic screening, softening of buildings, focal point enhancement, adjacent to recreational areas for shade, etc.

1145.306 Other Screening. Developers shall make design efforts to fully screen service areas, trash storage, loading, mechanical equipment and other similar areas,

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from view by the general public or adjacent residential areas. Berming and landscaping shall be placed around fence and wall screening where applicable. Each site will be evaluated as to its specific needs and solutions which may exceed these minimum standards.

a. Trash Handling. Exterior dumpsters, trash, trash handling equipment and recycling equipment shall be screened by a 100% solid fence or wall of at least one (1) foot above the height of the trash equipment or six (6) feet in height whichever is greater.

b. Docks and Loading Areas. Where adjacent to residentially zoned or used property, all docks and loading areas shall be screened from immediately adjacent property by a 100% solid fence of at least six (6) feet in height, .

1145.307 Grounds and Lawns.

1) All areas must be finished off with a stable landscape (trees, shrubs, turf, mulch, etc.) or hard constructed surface (concrete, bituminous, pavers, etc.) No site areas can be left unfinished or subject to erosion. Landscape rock or bark/wood chip mulch may be substituted for sod in shrub and flower planting beds and building maintenance strips.

2) All lawn areas and drainage swales shall be sodded. At least a two (2) foot width of sod shall be provided between all paved/curbed areas and seeded/natural/native areas to provide a finished edge and control erosion. Seeding or reseeding is allowed for less visible or large and remote portions of a site that are unused or subject to future development. Seed mixes could include prairie grass or other appropriate low maintenance mixes. Athletic fields may be seeded.

3) Slopes in excess of three to one (3:1) will not be allowed in areas intended for maintained turf. For slopes in excess of three to one (3:1), a slope stabilization plan must be approved by the City; otherwise terracing and/or retaining walls will be required.

4) In all areas to be lawn and landscaped, the developer may provide a built-in irrigation system. In this case, an irrigation plan shall be required at the time of the building permit. This plan shall indicate the overlapping pattern, head type, control type and location, source of water and connection method. The system plan shall be prepared by a qualified designer with experience designing systems for similar uses, project type, and size. The irrigation system must also be equipped with a rain sensor. If an irrigation system is not installed, the developer must meet the Maintenance Standards below.

5) Undisturbed areas containing existing viable natural or native vegetation shall be maintained free of foreign or noxious plant materials. Top seeding or enhancement of these areas should occur as needed and appropriate to fill in thin areas and revitalize existing vegetation.

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1145.308 Maintenance Standards. All cultivated landscape areas shall be maintained by the property owner to present a healthy, neat and orderly area. This shall include:

➢ Maintain a healthy, pest free condition. ➢ Remove dead, diseased or dangerous trees or shrubs or parts thereof. ➢ Provide appropriate pruning per National Arborist Association and American Nursery and Landscape Association Standards. ➢ Mowing and/or removal of noxious weeds and grasses. ➢ Remove trash and other debris. ➢ Watering to ensure plant growth and survival.

Natural or native plant communities shall be managed in order to maintain the plant community for the purpose that it was preserved or created. This includes trimming as needed of all noxious vegetation and long grasses, removal of trash or other debris and other horticulturally appropriate maintenance methods for the specific type of plant community.

1145.309 Performance Guarantee.

1) All plants shall be guaranteed by the developer for one (1) year after total project acceptance, if a built-in irrigation system is installed, or for two (2) years after total project acceptance if a built-in irrigation system is not installed.

2) If an irrigation system is installed, the irrigation system shall be guaranteed for one (1) year concurrent with the plant guarantee. This will assure one (1) winter season with a fall shut down and spring start-up.

3) The developer shall notify the City prior to total project acceptance, for City concurrence on the acceptability of the complete landscape and irrigation system installation. The City shall issue a letter accepting the landscape and irrigation system installation and therein fixing the date for guarantee purposes.

4) For projects without a built-in irrigation system, the developer shall post an irrevocable letter of credit in a form approved by the City with the City for the complete landscaping plan, including plants, mulch and edgers, before the building permit is issued. The letter of credit shall be held by the City for at least two (2) years following the completion of the project and acceptance of the landscaping by the City. The letter of credit shall be used, if necessary, to effect satisfactory completion of the project in the event of incomplete or failed work. The value of the letter of credit shall be 125% of the estimated construction costs for plants, mulching and edgers.

1145.310 Submission Requirements.

1) Landscape plans must be drawn to scale, show all proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project area, project name, developer, registered landscape architect or landscape designer, architect, dates, existing site conditions including topography, vegetation, ponding areas or water bodies, utilities, boundary data and sidewalks; proposed site conditions, including grading plan and tree

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preservation/protection plan; site lighting, off-site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping.

2) Calculations to evaluate compliance with the provisions of this Section including area in square footage and percentage in total area for building, parking lot including driveways, landscape areas and total area; and quantities of trees and shrubs required and planted or preserved.

3) Supportive plans, details, written narrative notes, cross-sections of other information as may be required by the Zoning Administrator that is reasonable and necessary to demonstrate the design intent and general compliance with this subsection.

1145.400: BUFFERYARDS.

1145.401 Purpose. This subsection provides the landscaping and width requirements for bufferyards. A bufferyard combines distance and a visual buffer or barrier to reduce the undesirable impact of a use on neighboring property. It includes an area, and a combination of plantings, berms, fences and walls that are required to eliminate or reduce existing or potential nuisances. These nuisances can occur between adjacent Zoning Districts and between different development options within the same Zoning District. Such nuisances are dirt, litter, noise, glare of lights, signs, and incompatible land uses/buildings/parking areas. Bufferyards will operate to minimize the negative impact of any use of neighboring property. Plant material proposed to meet necessary landscaping requirements may also be used toward meeting the purpose of the bufferyard requirements.

1145.402 Required Locations For Bufferyards. Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two (2) uses of differing intensity abut one another. Bufferyards may be located in required yard areas. Bufferyard plantings or structures shall not be located on any portion of any existing, dedicated or officially mapped right-of-way. Properties which are located adjacent to any City boundary are required to provide a bufferyard when the more intense use is located in Prior Lake.

1145.403 Determination Of Required Bufferyard. The type of bufferyard required is determined by first identifying the Zoning District of the property to be developed, and then by identifying the Zoning District of the adjacent property. The table below specifies the intensity of the required bufferyard.

BUFFERYARD REQUIREMENTS

ZONING OF ZONING OF ADJACENT PROPERTY PROPOSED USE R-1 R-2, R-3 TC, TC-T, C-1, C-2 R-2, R-3 C TC, TC-T, C-1, C-2, D B

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C-3, I-1 E D B

1145.404 Additional Bufferyard Requirements. Whenever two (2) uses of differing intensity are located on either side of an existing public right-of-way, the bufferyard requirement shall be one (1) letter less than required by the above table. In such instances, half (1/2) the width of the right-of-way may be counted as contributing to the width requirements for a bufferyard. Whenever a property is located adjacent to a municipal boundary, a bufferyard is required if the more intense development is located within Prior Lake.

1145.405 Identification Of Detailed Bufferyard Requirements. All bufferyards allow a variety of bufferyard widths, ranging from ten (10) feet to 30 feet. Bufferyards are not required when site improvements, including but not limited to: parking lots, buildings, storage enclosures, etc., are greater than 30 feet from the property line. The number of plantings required in each bufferyard is specified in the table below.

BUFFERYARD OPTIONS (Requirements are per 100’ of distance) Canopy Ornamental Bufferyard Width* Shrubs Fences Plantings Half Trees B 10' 1.0 2.0 3.0 15' 0.8 1.6 2.4 20' 0.6 1.2 1.8 C 10' 2.5 5.0 8.0 15' 2.0 4.0 6.0 20' 1.6 3.2 4.8 25' 1.2 2.4 3.6 D 10' 2.7 5.4 8.0 Required 20' 3.0 6.0 9.0 25' 2.4 4.8 7.2 30' 1.8 3.6 5.4 E 10' 3.0 6.0 8.5 Required 15' 4.5 9.0 13.5 Required 20' 5.0 10.0 15.0 25' 4.0 8.0 12.0 30' 3.0 6.0 9.0 *Width refers to separation distance between property line and site improvements.

In bufferyards D and E, fences are required in addition to the plantings when a narrow bufferyard is used. Required fences shall be a minimum of six (6) feet in height with 90% opacity. Fences shall comply with all applicable provisions of the Zoning Code. Building walls which are located within 15 feet of any property line may be considered to be a fence provided that no doors open into the area, and that required bufferyard plant units are installed between the wall and property line.

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To calculate the required number of plantings in a bufferyard, determine the type and width of bufferyard, and apply the following formula:

Number of Canopy Plantings X Linear Distance/100 = Total Canopy Plantings Number of Ornamental Plantings X Linear Distance/100 = Total Ornamental Plantings Number of Shrubs X Linear Distance/100 = Total Shrubs

For example, a Bufferyard C, 15' wide on a 250' lot, will require the following plantings:

2.0 X 250/100 = 5 Canopy Plantings 4.0 X 250/100 = 10 Ornamental Plantings 6.0 X 250/100 = 15 Shrubs

1145.406 Plant Materials. Planting materials for bufferyards must meet the following criteria:

➢ All plants shall be winter hardy. ➢ All plants shall fall under one of the following categories: canopy tree, ornamental tree, evergreen tree, ornamental shrub or evergreen shrubs. In addition, herbaceous plants such as perennial prairie grasses and ornamental grasses may be used if approved by the City. The permitted types of trees shall be those listed as significant trees in the Tree Preservation and Restoration subsection below.

1145.407 Party Responsible for Installation of Bufferyard. If a use is proposed which abuts or is across the street from an existing use which results in requirements for a bufferyard that proposed use shall provide said bufferyard.

1145.408 Exceptions to Bufferyard Requirements. Plant material existing on a parcel which meets the bufferyard planting requirements for location, size and species may be counted toward the total bufferyard plant material requirements.

Bufferyard plant materials which are existing on an adjacent developed parcel of land may be counted toward total plant material requirements if the minimum bufferyard width is provided and a voluntary agreement with the adjoining landowner can be negotiated which is consistent with the provisions of this subsection.

1145.500: TREE PRESERVATION AND RESTORATION.

1145.501 Intent and Purpose. It is the intent of the City of Prior Lake to protect, preserve and enhance the natural environment of the community, and to encourage a resourceful and prudent approach to the development and alteration of wooded areas in the City. This subsection has the following specific purposes:

➢ Recognize and protect the natural environment consistent with the City's mission statement and goals of the comprehensive plan through preservation and protection of significant trees. Page 174 of 255

➢ Promote protection of trees for the benefits provided, including beauty, protection against wind and water erosion, enhancement of property values, noise reduction, air quality, energy reduction, buffering, privacy and natural habitats. ➢ Establish requirements related to cutting, removal or destruction of existing trees, especially significant trees. ➢ Establish reasonable requirements for replacement of significant trees. ➢ To allow the development of wooded areas in a manner that minimizes and mitigates the removal and destruction of trees, preserves aesthetics, property values, and the nature and character of the surrounding area ➢ To provide for the fair and effective enforcement of the regulations contained herein.

1145.502 Application. This Subsection applies to the following:

➢ All new public or private development on either platted or unplatted property. ➢ New construction on vacant building sites on lots platted before January,1996. ➢ Redevelopment of sites platted prior to January, 1996, where existing structures are removed or destroyed.

1145.503 Acceptable Species.

1) Coniferous Tree. Coniferous trees are considered to be "significant" for purposes of this subsection at a height of 12 feet or more. Species of coniferous trees required to be surveyed for tree preservation plan approval are as follows:

Cedar, White (Arborvitae) Larch, Siberian Cedar, Red Pine, Eastern White Fir, Balsam Pine, Jack Fir, Douglas Pine, Ponderosa Fir, Frasier Pine, Red (Norway) Fir, White Spruce, Black Larch, American Spruce, Black Hills Larch, European Spruce, Norway Larch, Japanese Spruce, White

2) Deciduous Tree. Deciduous trees are considered to be significant at six (6) diameter breast height (DBH) inches or more. Species required to be surveyed are as follows:

Alder, European Black Dogwood, Pagoda Apricot, Manchurian Eastern Wahoo Birch, Paper Elm, Accolade Birch, River Elm, Cathedral Buckeye, Ohio Elm, Jacan Japanese Burning Bush Elm, New Horizon Catalpa, Northern Elm, Patriot Cherry, Sour Elm, Princeton Page 175 of 255

Cherry, Amur Choke Elm, Valley Forge Cherry, Black Ginkgo (Male trees) Coffeetree, Kentucky Hackberry Coffeetree, Espresso Hawthorn, Thornless Cockspur Coffeetree, Stately Manor Hawthorn, Downy Corktree, Amur Hickory, Bitternut Corktree, His Majesty Honeylocust, Thornless Corktree, Sakhalin Hop Tree Corktree, Macho Hophornbeam (Ironwood) Corktree, Shademaster Hornbeam, American Crabapple Lilac, Japanese Tree Linden, Littleleaf Linden, American Linden, Redmond Linden, Crimean Maackia, Amur Oak, Bur Magnolia, Cucumbertree Oak, Northern Pin Maple, Amur Oak, Red Maple, Shantung Oak, White Maple, Sienna Glen Pear, Ussurian Mountain Ash, Korean Serviceberry, Allegheny Oak, Bicolor Serviceberry, Downy Oak, Black Viburnum, Nannyberry

3) Heritage Tree. A Heritage Tree is any tree on the above list in fair or better condition which equals or exceeds the following diameter size:

Tree Type Tree Diameter Size Examples Large Hardwoods 27” DBH Oaks Large Coniferous 24” DBH Pine

A tree in fair or better condition must meet the following criteria:

➢ A life expectancy of greater than 10 years. ➢ A relatively sound and solid trunk with no extensive decay or hollow. ➢ No major insect or pathological problem. ➢ A lesser size tree can be considered a heritage tree if a certified forester determines it is a rare or unusual species or of exceptional quality. ➢ A lesser size tree can be considered a heritage tree if it is specifically used by a developer as a focal point in the project.

4) Other Trees. Trees not included in the above species list may be included for credit as part of the Tree Inventory subject to City approval and the following criteria:

➢ A life expectancy of greater than ten (10) years. ➢ A relatively sound and solid trunk with no extensive decay or hollow. ➢ No major insect or pathological problem. ➢ A certified forester determines it is a rare or unusual species or of exceptional quality. Page 176 of 255

➢ It is specifically used by a developer as a focal point in the project.

1145.504 Tree Preservation Plan Approval Required. It is unlawful for any person to engage directly or indirectly in land alteration, as defined in the Zoning Code, unless such person has first applied for and obtained approval of a tree preservation plan from the City's Zoning Administrator. No preliminary plat, building permit, grading and excavating permit, or other City required permit shall be granted unless approval of a tree preservation plan has first been obtained.

➢ Prior to submittal of a preliminary plat application where there is impact to trees, the applicant may meet with City staff to discuss alternative designs for the development of a site. This meeting may also be part of a Concept Plan review, permitted under the Subdivision Code.

➢ Alternatives analysis. The following guidelines shall be considered when developing or reviewing proposed development alternatives:

a. It is capable of being done from an engineering point of view;

b. It is in accordance with accepted engineering standards and practices;

c. It is consistent with reasonable requirements of the public health, safety, and welfare;

d. It is an environmentally preferable alternative based on a review of social, economic, and environmental impacts;

e. It would create no truly unusual problems; and

f. Any plans reviewed by the City as part of this alternative analysis shall be kept on file at the City.

➢ Determination of impact minimization. The applicant shall provide justification that the preferred alternative will minimize impacts to trees. The following guidelines shall be used:

a. The location of existing structural or natural features that may dictate the placement or configuration of the project;

b. The sensitivity of the site design to the natural features of the site, including topography, hydrology, existing vegetation, preservation of natural vistas, and impacts on adjacent property. In cases of infill development, consideration shall be placed on sensitivity to adjacent properties; and

c. The value, function, and spatial distribution of the trees on the site.

➢ Unavoidable impacts. Unavoidable impacts that remain after efforts to minimize, rectify, or reduce require replacement set forth below.

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1145.505 Tree Preservation Permit Process.

1) Application. Application for approval of a tree preservation plan shall be made in writing to the Zoning Administrator. This application may be made separately or may be included as part of a development application. Information to be included in the application includes at least the following:

a. A Tree Inventory which includes the following information for each significant tree on the site and any off-site/bordering trees whose critical root zone is on the property: ➢ Identification number for each tree ➢ Tree type: significant or heritage ➢ Tree size (diameter breast height) ➢ Tree species ➢ Indication of preservation or removal ➢ Total number of significant and heritage trees on site ➢ Total number of significant trees and heritage trees proposed to be preserved/removed

b. A Tree Preservation Plan exhibiting a stamp/certification and signature of the certified forester, arborist, or landscape architect. The Tree Preservation Plan shall be prepared at the same scale as the proposed development plan and shall show the following:

➢ Survey location of all significant trees with identification number; ➢ Identification of critical root zones extending from trees located on adjacent tracts, including the location of the trees; ➢ A graphic delineation of the following areas: ▪ Proposed significant tree retention areas. ▪ Proposed afforestation and reforestation areas ▪ Proposed limits of disturbance ▪ Steep slopes of twenty five (25) percent or more ▪ Delineated wetlands, including any required buffers and conservation easements ▪ Topographic contours and intervals ➢ Such other information that the City determines is necessary to implement this subsection.

c. A simplified Tree Preservation Plan may be submitted where trees do not currently exist on the site or where existing trees will not be cut, cleared, or graded for the proposed development, and where adequate tree protection devices and long-term agreements are established for the protection of existing significant trees. This simplified plan may be included on the “Existing Conditions Survey” required as part of the preliminary plat.

d. Tree Replacement Plan. A scaled drawing of the site depicting where the replacement trees will be planted is required to be submitted with the following: ➢ Locations of all preserved and replacement trees; ➢ Plant list including tree species and size in DBH; and

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➢ Easements, right-of-way, construction limits, building pads, driveway and utilities.

2) Allowable Tree Removal.

a. Following the concept plan review and the alternative analysis criteria listed above, significant trees may be destroyed without any required replacement within the width of required easements for public streets, utilities and stormwater ponding areas.

b. In areas outside of the exempted areas listed above, up to 35% of the total diameter at breast height inches of all significant trees may be removed without replacement or restitution.

c. Vacant Lot Development on Lots Platted Prior to January, 1996. On individual lots, up to 35% of the total diameter at breast height inches of all significant trees may be removed for the installation of utilities, driveways and the building pad without tree replacement or restitution.

d. Redevelopment of Lots Platted Prior to January, 1996, and Developed Lots. On previously platted and developed lots, where the structures have been removed or destroyed to more than 50% of the current market value, up to 35% of the total diameter breast height inches of all significant trees may be removed for the installation of utilities, driveways and building pads without tree replacement or resolution.

e. Significant trees in excess of the limitations of this subsection may be removed, provided all trees removed in excess of said limitations shall be replaced in accordance with the Tree Replacement Formula.

3) Tree Replacement Formula. Replacement of removed or disturbed trees in excess of the percentage allowed above requires a Tree Replacement Plan and shall be according to the following guidelines:

a. For development which exceeds the percentage of allowable removal of significant trees, all trees shall be replaced at the ratio of one half (1/2) caliper inch per one (1) diameter at breast height inch removed.

b. For each heritage tree saved, the developer may receive credit towards the required replacement trees. This credit will be at a rate of two (2) caliper inches for each one (1) diameter at breast height inch saved. To receive this credit, the applicant must demonstrate that extraordinary measures have been taken to preserve the heritage trees that otherwise would not be saved.

c. The Zoning Administrator, in his/her sole discretion, may allow a portion of the requirement for replacement trees to be satisfied through an approved landscape plan that may include understory trees, shrubs, and landscape beds; however, in any case, 80% of the required

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replacement trees shall be satisfied through overstory trees. The overall landscape plan must be approved prior to construction of any lots within the development. This option is at the discretion of the Zoning Administrator. d. Required replacement trees shall be planted on private property on the site being developed. If the applicant demonstrates to the satisfaction of the Zoning Administrator that it is not practical or reasonable to plant all or some of the required replacement trees on private property on the site, the applicant may meet the tree replacement requirements through one or a combination of the following: ➢ Trees may be planted on City owned or managed land on the site being developed as approved by the Zoning Administrator; or ➢ Trees may be planted on City owned or managed land off the site being developed as approved by the Zoning Administrator or his/her designee; or ➢ Trees may be planted on other private property within the City with permission of the property owner as approved by the Zoning Administrator. If a buffer area as defined by the natural resource corridor map is on said property, replacement trees shall be planted in the buffer area first. ➢ Upon request of the applicant, applicant may make a cash payment to City to be used for planting of trees within the City or to subsidize trees sold to the City’s residents; such payment shall be per caliper inch required as reflected in the current City Fee Schedule. *the above listed options are listed in the order that the City of Prior Lake will consider replacement. e. Minimum sizes for replacement trees shall be: ➢ Deciduous – Two (2) caliper inches ➢ Coniferous – Six (6) feet in height f. Replacement trees shall be from balled and burlapped, certified nursery stock as defined and controlled by Minnesota Statutes Chapter 18H . Replacement trees may also be from bare root stock, provided the trees are planted no later than May 15th, and the planting is inspected by the City. g. Replacement trees shall be covered by a minimum one (1) year guarantee. h. Replacement trees shall be of a species similar to other trees found on the site where removal has taken place or shall be selected from the list of significant coniferous and deciduous trees found in this subsection. Selection of replacement tree types for use on public sites shall be at the sole discretion of the City. i. Where heritage trees have been removed, replacement trees shall consist of the same species as the removed heritage tree, or a tree that has the same potential value as the removed heritage tree. This value

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shall be certified by a certified forester or arborist. For the purposes of this paragraph, value is defined as a species which has the same growth and life potential as the removed tree.

j. New subdivision trees, as required by the Subdivision Code, may be counted towards required replacement. New subdivision trees must meet the size requirements listed in the applicable subdivision requirement.

k. Replacement trees may be utilized to meet landscaping requirements if placement, species, and location are consistent with necessary landscaping provisions.

4) Certification of Compliance with Approved Tree Preservation Plan. Upon completion of the required tree replacement, the Developer shall notify the City and request an inspection of the work. Following the inspection, the City shall notify the Developer that all work has been satisfactorily completed, or what work is still required. The required warranty period outlined below, shall begin on the date of the letter satisfactory completion issued by the City.

a. The City of Prior Lake may, in the discretion of the Zoning Administrator, hire a consultant to verify and advise the City on matters involving this Section. Any and all costs incurred by the City in hiring a consultant shall be reimbursed by the Developer, if not included within a Development Contract.

5) Warranty Requirement.

a. Sites of New Development. The Developer shall provide a financial guarantee, in a form satisfactory to the City, prior to the approval or issuance of any permit for land alteration.

➢ The amount of the guarantee shall be 125% of the estimated cost to furnish and plant replacement trees. The estimated cost shall be provided by the Developer subject to approval by the City. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of replacement trees. The City reserves the right in its sole discretion to determine the estimated cost in the event the Developer's estimated cost is not approved.

➢ The security shall be maintained for at least one (1) year from the inspection approval. Upon expiration of the one (1) year, the City may release that portion of the security being held for the replacement trees which are alive and healthy at the end of such year. Any portion of the security not entitled to be released at the end of the year shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of such year and to

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replant missing trees. Upon completion of the replanting of such trees the entire security may be released.

b. Previously Platted Vacant Lots. For construction on vacant lots platted prior to January, 1996, the developer shall provide a cash escrow in the amount determined by the City Fee Schedule to guarantee compliance with the requirements of this Section. The estimated cost shall be provided by the Developer subject to approval by the Zoning Administrator. Said security shall be released upon certification of compliance by the developer to the satisfaction of the Zoning Administrator. Notwithstanding the foregoing, no portion of the security shall be released while there are unsatisfied Developer's obligations to indemnify the City for any expenses in enforcing the terms of this subsection.

c. Redevelopment of Lots Platted Prior to January, 1996, and Developed Lots. For construction on previously platted and developed lots, the developer shall provide a cash escrow in the amount determined by the City Fee Schedule to guarantee compliance with the requirements of this subsection. The estimated cost shall be provided by the Developer subject to approval by the Zoning Administrator. Said security shall be released upon certification of compliance by the developer to the satisfaction of the Zoning Administrator. Notwithstanding the foregoing, no portion of the security shall be released while there are unsatisfied developer's obligations to indemnify the City for any expenses in enforcing the terms of this subsection.

d. The City may retain from the security required in (a), (b) and (c) above as reimbursement an amount expended by the City to enforce the provisions of this subsection.

1145.506 Entry on Private Property and Interference with Inspection. The City's Zoning Administrator may enter upon private premises at any reasonable time for the purposes of enforcing the regulations set forth in this subsection. No person shall unreasonably hinder, prevent, delay or interfere with the City's Zoning Administrator while they are engaged in the enforcement of this subsection.

1145.507 This subsection does not apply to dead and diseased trees.

1145.600: FENCES AND WALLS. In addition to all other applicable regulations, 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 at its highest point.

(1) Permit Required for Fences. A permit shall be obtained prior to the construction or replacement of any fence as follows: a. A zoning permit shall be obtained prior to the installation of a fence seven (7) feet or less 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.

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b. A building permit shall be obtained prior to the installation of a fence greater than seven (7) feet in height. A fence greater than seven (7) feet in height shall be considered a structure and shall meet all Minnesota State Building Code requirements for a structure.

Application shall be on a form furnished by the City and shall be submitted to the Zoning Administrator. The Zoning Administrator shall review the application for compliance with this subsection and for the effect of the fence on the public health, safety and welfare.

(2) Fence Regulations. Regardless of whether a permit is required, all fences shall comply with the following regulations:

a. Fence posts may extend no more than eight (8) inches above the height limit of a fence. 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 the Agriculture Zoning District 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 violates traffic visibility regulations. e. No fence 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).

1.

f. The finished side of the fence (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 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 located in a front yard shall have a maximum 50 percent

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opacity, leaving a minimum of 50 percent open for the passage of air and light. h. All fences, including footings, shall be located entirely upon the private property for which the zoning permit or building permit has been issued. All fences shall maintain a one (1) foot setback from trails and sidewalks. i. No fence may be located in any public right of way or public easement except by written permission of the City Engineer. Fences within easements shall not be located above underground utilities and shall not impede the flow of water. If a fence 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 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 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 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 (2) or more “front yards”, the Zoning Administrator 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. In making this determination, the Zoning Administrator 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) Permit Required for Walls. A permit shall be obtained prior to the construction or replacement of any wall as follows: a. Any wall four (4) feet or greater in height shall meet the Minnesota State Building Code requirements for a structure and a building permit shall be obtained prior to construction. b. Any wall located in the Shoreland Overlay District shall meet the requirements of Subsection 1130.403.

(4) Wall Regulations. Regardless of whether a permit is required, all walls shall comply with the following regulations: a. No wall shall be permitted which violates traffic visibility regulations. b. No 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).

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c. The finished side of the wall (having no structural supports) must face to the outside (away from the property being fenced) toward abutting property or street right of way. d. All walls, including footings, shall be located entirely upon the private property for which the zoning permit or building permit has been issued. All walls shall maintain a one (1) foot setback from trails and sidewalks. e. No wall may be located in any public right of way or public easement except by written permission of the City Engineer. Walls within easements shall not be located above underground utilities and shall not impede the flow of water. If a wall is located in a public easement or public right of way the wall may be removed and disposed of by the City at the expense of the property owner. f. Every wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the wall is proposed to be used. All 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 manner with the same quality of material and workmanship so as not to be unsightly or present harmful health or safety conditions. g. On a corner lot or a through lot, which have two (2) or more “front yards”, the Zoning Administrator 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 wall. In making this determination, the Zoning Administrator 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.

1145.601 Fences and Walls in Agricultural, Residential and Transitional Town Center Zoning Districts. In addition to the requirements for all fences and walls above, all fences and walls in the Agricultural, Residential and Transitional Town Center Zoning Districts shall comply with the following requirements:

1) A fence or wall located in any side yard, side yard abutting a street or rear yard shall not exceed six (6) feet in height except at follows:

a. A fence or wall, not exceeding eight (8) feet in height, is allowed if placed in any side yard, side yard abutting a street or rear yard which abuts a principal or minor arterial road.

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b. 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 place of public assembly.

2) 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.

3) A fence or wall exceeding four (4) feet in height shall be located behind the front corner of the principal building. In the event an 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 accessory structure.

4) 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, side yard abutting a street or front yard and it shall be located at least ten (10) feet from any lot, property or parcel line.

5) Residential swimming pool fencing shall comply with all residential swimming pool regulations and Minnesota Building Code regulations.

1145.602 Fences and Walls in Commercial and Industrial Zoning Districts. In addition to the requirements for all fences and walls above, all fences and walls within Commercial and Industrial Zoning Districts shall comply with the following requirements:

1) 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. 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. 2) A fence or wall, not exceeding six (6) feet in height, may be located in a front yard. 3) Chain link fences within Commercial Zoning Districts shall be coated with vinyl and shall not include vinyl, plastic or metal slats within the fence. 4) Chain link fences within Industrial Zoning Districts shall be coated with vinyl and may include vinyl, plastic or metal slats within the fence; including in the front yard. 5) All chain link fences must have a top rail and vertical posts must be spaced at intervals not to exceed ten (10) feet.

1145.603 Fences and Walls in Town Center Zoning District. In addition to the requirements for all fences and walls above, all fences and walls within Town Center Zoning District shall comply with the following requirements:

1) 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. 2) 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. Page 186 of 255

3) Chain link fences are not permitted.

1145.700: 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.

1) Visibility from any street or roadway shall be unobstructed above the height of two and one-half (2 ½) feet and below five (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 (2) streets, and extending a distance of 50 feet along the edge of each street. This defines two (2) 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 two and one-half (2 ½) feet and below five (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 (2) 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 two and one half (2 ½) feet and below five (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 (2) alleys and extending a distance of ten (10) feet along the edge of each alley. This defines two (2) sides of the triangle. The third side is a line connecting the end points of the two (2) sides described above.

SECTION 1146 PARKING, LOADING SPACES AND DRIVEWAYS

SUBSECTIONS

1146.100: Purpose and Intent 1146.200: Off-Street Parking Areas 1146.300: Design and Maintenance of Off-Street Parking Areas 1146.400: TC Parking Standards 1146.500: Number of Required Off-Street Parking Spaces Page 187 of 255

1146.600: Proof of Parking 1146.700: Parking Bonuses 1146.800: Off-Street Loading Facilities 1146.900: Driveways

1146.100: PURPOSE AND INTENT.

1146.101: Intent. The provisions of this Section provide the general performance standards which are applicable to all districts, unless specifically noted in other Sections of the Zoning Code. All properties must comply with all applicable provisions of the City Code including but not limited to the performance standards in this Section and all other applicable provisions of the Zoning Code.

4611.102 Purpose. Regulation of off-street parking and loading spaces in the Zoning Code is necessary to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public. Regulation is accomplished by establishing minimum requirements for off-street parking of vehicles and loading and unloading operations associated with their use for the uses regulated by the Zoning Code by analysis of the intensity, duration, time and style of utilization of the land or structures in or from which each use is conducted.

1146.200: OFF-STREET PARKING AREAS

1146.201 Reduction of Existing Off-Street Parking Space. Off-street parking and loading spaces existing upon the effective date of this Section shall not be reduced in number unless their number exceeds the requirements imposed for the use by this Section; however, if the existing parking meets more than 90% of the requirements of this Section, the number of parking spaces may be reduced to 90% of the requirement for the purpose of establishing landscaping where such a reduction is necessary to construct a landscaping or bufferyard improvement required by the City Code.

1146.202 Floor Area. Floor area shall mean the floor area as defined in the Zoning Code. Indoor parking and indoor loading spaces shall not be counted as part of the floor area of a structure for the purpose of computing the number of parking or loading spaces which are required.

1146.203 Design Capacity. When a building's design capacity is used for purposes of calculating requirements for off-street parking spaces, that design capacity shall be determined by Occupancy Loading specified in the Uniform Building Code in force at the time the determination is made.

1146.204 Benches in Places of Assembly. In stadiums, sports arenas, structures of religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 28 inches of such seating shall be counted as one (1) seat for the purpose of determining the requirements for off-street parking where the parking requirement is calculated by application of a formula based on the total number of seats. Page 188 of 255

1146.205 Calculating Space. When the calculation of the number of off-street parking spaces results in a fraction, each fraction of one half (1/2) or more shall require another space. When a single site contains various uses, the parking requirement calculation of each use shall be totaled prior to the final rounding of the overall parking requirement for the site.

1146.206 Assessments. When a lot has been assessed for one (1) or more off-street parking stalls under applicable State Statutes, the number of stalls forming the basis for such assessment shall constitute an equal number of spaces for purposes of this subsection.

1146.207 Use of Parking Facilities. Required off-street parking facilities in a Residential and Town Center Transitional Zoning Districts may be utilized only for parking passenger automobiles, except as allowed for Home Occupations. No required parking facilities or public right-of-ways in any Residential and Town Center Transitional Zoning District shall be used for open-air storage of commercial motor vehicles.

1146.208 Location of Parking Facilities. Required off-street parking in the R-1, R-2 and Town Center Transitional Zoning Districts shall be on the same lot as the building housing the principal use, except in the cases of:

➢ Condominium developments where off-street parking is designed on a lot or within a garage on a separate parcel but within the same condominium development. ➢ Free-standing parking lots accessory to existing nonresidential or recreational uses, located within the same Zoning District, and located within 500 feet of the existing use, may be permitted in the R-1, R-2, R-3, TC and TC-T Zoning Districts, subject to approval of a Conditional Use Permit.

1146.209 Calculating Space for a Compound Use. Should a structure contain two (2) or more types of uses, the total off-street parking spaces required for each use shall be calculated separately..

1146.210 Control of Off-Site Parking Facilities. When required accessory off-street parking facilities are provided on a lot other than the lot on which the principal use is located, the following requirements shall be met..

a. A paved pedestrian way from the off-site parking facilities to the use being served has been provided and is properly maintained.

b. The off-site parking area and the lot on which the principal use is located must be in the same ownership, or the use of the parking facilities shall be protected by covenants that run with the land on both the lot on which the parking facility is provided and the lot on which the principal use is located. The manner of execution and content of such covenants shall be written in a form that is approved by the City Attorney and the covenants must be recorded with the County Recorder or Registrar of Title as applicable for Scott County.

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c. The closest point of the off-site parking area shall be located no more than 500 feet from an entrance to the principal building of the use being served as measured along an established path of travel between the parking lot and such entrance unless shuttle service is provided. If shuttle service is provided, the location of the parking need not satisfy any distance requirement.

d. The failure to provide on-site parking shall not result in patrons, visitors, or employees parking on the public streets, on other private property, or in private driveways or other areas not expressly set aside for off-street parking purposes.

e. The off-site parking shall be maintained until on-site parking is provided or an alternate off-site parking facility which meets the requirements of this subsection has been approved by the Zoning Administrator.

1146.211 Joint Parking Facilities. Off-street parking facilities may be provided collectively in any Zoning District for more than one (1) structure or use, if the following conditions are met:

a. The applicant demonstrates to the Zoning Administrator that, because of the hours, size and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use.

b. The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lot or lots on which the parking facility which satisfies the parking requirements of this Section is provided. Those covenants shall contain all of the conditions of the joint agreement and shall grant an easement for parking to the joint principal use lots. The manner of execution and content of such covenants shall be in a form approved by the City Attorney and the document containing the covenants shall be recorded with the County Recorder or the Register of Titles as applicable for Scott County. Parties to the covenant shall reimburse the City for the costs of legal review.

c. Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum requirements set forth in this Section for the use which requires the most parking. Joint parking arrangements shall not qualify for "proof of parking" reductions described below.

d. Any change in use or in the conditions of the joint parking agreement without approval of the Zoning Administrator shall nullify the joint parking agreement. Approved changes shall be added to the covenants and recorded with the County Recorder or the Registrar of Titles as applicable for Scott County. If changes are not approved all parties to the nullified joint parking agreement shall be required to meet the required parking for the applicable use.

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1146.212 Use of Parking Area. Required off-street parking space and the driveways providing access to them shall not be utilized for storage, display, sales, rental, or repair of motor vehicles or any other goods, the storage of inoperable vehicles, the loading and unloading of vehicles, or the storage of snow.

1146.213 Conversion of Attached Garage Space. No person shall alter a garage to living space in any Residential or Town Center Transitional Zoning District, unless other legal provisions are made to provide the required parking for the lot.

1146.300: DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS

(1) Access. Parking areas shall be designed to provide access to a public alley or street. Driveway access shall be located at a place which will minimize interference with traffic movement and is in conformance with the Public Works Design Manual standards. Access to required parking spaces shall not be restricted by a fence or other barrier.

(2) Setbacks. Setbacks shall be measured from property lines unless otherwise noted. Parking shall comply with all applicable setbacks in the Zoning Code.

(3) Parking Spaces. Each parking space shall not be less than nine (9) feet wide and 18 feet long exclusive of access drives or aisles, ramps or columns. Each parking space shall be served by access drives which shall have the minimum dimensions provided in the following table. Each parking space shall be located by striping of a contrasting color on the concrete or asphalt surface.

1-Way 2-Way Stall Angle Width Curb Stall Depth Aisle Aisle (A) (B) Length (D) Width Width (in degrees) (C) (E) (E)

0 (Parallel) 9 feet 23 feet 9 feet 12 feet 22 feet 45 9 feet 12 feet 9 inches 19 feet 10 inches 13 feet 22 feet 60 9 feet 10 feet 5 inches 21 feet 18 feet 24 feet 90 9 feet 10 feet 5 inches 18 feet 20 feet 24 feet

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(4) Accessible Parking Spaces. The size, number, and location of spaces reserved for accessible parking shall be provided and identified as required by applicable State and Federal regulations.

(5) Turn Around. All parking areas except those serving single family detached and single family attached – twinhome dwellings on local streets shall be designed so that cars do not have to back into the public street or alley.

(6) Surfacing. All driveways and all of the area intended to be used for parking or vehicular circulation shall be surfaced with a minimum of one and one half (1 ½) inches of bituminous paving on a suitable base, or six (6) inches of non- reinforced concrete or equivalent material approved by the City Engineer. Interlocking pavers, or similar, may also be used in parking lots subject to approval by the City Engineer.

(7) Drainage. There shall be adequate drainage of the surface of the parking or paved rea to a public storm sewer or to other approved storm water facilities. Drainage and stormwater management for parking or paved areas must be in conformance with the requirements of the City Public Works Design Manual. Plans for surfacing of all parking lots for six (6) spaces or more or paved areas of 6,000 square feet or more shall be approved in advance by the City Engineer.

(8) Lighting. All parking lots containing parking for six (6) vehicles or more shall provide an average horizontal illumination of between four tenths (0.4) and one (1.0) foot candles. The average horizontal illumination within all parking ramps shall be one (1.0) foot candles. All lighting shall comply with the lighting regulations of the applicable Zoning District. In cases where light spillage to adjacent properties cannot be determined a photometric plan shall be submitted to the Zoning Administrator for review prior to installation or change to the lighting.

(9) Traffic Islands. Raised islands shall be provided at the end of any parking row where it abuts vehicle circulation lanes or driveways for traffic control. Raised islands shall also be provided to separate pedestrian and vehicular traffic.

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(10) Curbs. A six (6)inch high, poured in place, concrete curb shall be provided around the periphery of all parking lots. A six (6)inch poured in place concrete curb or other pavement edge treatment is required along all internal access roads.

(11) Landscaping. Parking lot screening shall be provided on the perimeter of any parking lot. Screening shall be maintained and replaced as needed to comply with the approved landscape or site plan.

a. Screening shall be provided using a combination of shrubs, coniferous trees, fencing, berming, etc., to minimize the effect of headlights and reflected light from bumpers, grills and headlights. Screening must attempt to address at least 60% of the perimeter where views of the parking lot could originate.

b. Effectiveness of the screening shall be 80% opacity year-round.

c. Berming must achieve a 30-inch height to provide 80% opacity on three (3) foot high screening. Berms cannot be used as the only method of screening and must be used in combination with other elements such as landscaping and fencing.

d. Plant materials must be spaced no more than 30 inches apart on single rows of deciduous shrubs, 48 inches apart on double staggered rows of deciduous shrubs, with initial planted height of at least two (2) feet. Spacing may vary, subject to species used.

e. Coniferous trees must be placed no further than eight (8) feet apart, to be counted as screening.

f. All parking lot landscape areas shall be separated from the parking surface by cast-in-place concrete curbs of an equal or better standard. Bituminous or precast concrete curbs or similar curbs are not permitted.

(12) Bufferyards. When an off-street parking area for six (6) vehicles or more or a paved area of 1,500 square feet or more is located next to a right-of-way, a bufferyard Type B, as defined in the bufferyard regulations of the Zoning Code, shall be provided between such parking lot or paved area and street right-of-way. The width of the driveway at the property line shall be excluded from the bufferyard requirement.

If there is insufficient space for the required bufferyard between a parking lot or paved area and a public right-of-way, part of the required plant material may be installed on the public right-of-way under the following conditions:

a. Such material does not impair access and meets all City Code requirements restricting visual and physical obstructions including visual obstructions at intersections.

b. The placement of landscaping materials does not inhibit the storage of snow when streets are plowed.

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c. The landscaping is not inconsistent with public landscaping schemes.

d. The location of the landscaping is approved by the City Engineer.

(13) Yards. Parking areas shall be prohibited in front yards and side yards abutting a street in all Residential and the Town Center Transitional Zoning Districts, except that in the R-1, and R-2 Zoning Districts, parking for a single family detached or single family attached – twinhome residence may be permitted by the City Engineer in the front yard provided there is no other location on the lot where parking is practical and the front yard offers the only place where the required parking can be located.

Parking areas in the C-1 and C-2 Use Districts shall be permitted in the front yard and side yards abutting a street only if all of the following requirements are met:

➢ In no case shall the required yard be reduced to less than five (5) feet. ➢ All of the bufferyard requirements of this Section are met. ➢ A solid bumper, curb or fence not more than three and one half (3 ½) feet in height shall be constructed in such a position and such a manner that no part of a parked vehicle can extend into the bufferyard.

(14) Parking Space Abutting R Zoning Districts. When a parking lot for more than six (6) vehicles is located abutting a Residential Zoning District or residential developed property, a bufferyard Type C, as defined in the bufferyard regulations of the Zoning Code, shall be installed between parking lot and abutting property. Off-street parking spaces and access drives for nonresidential uses shall be setback a minimum of 20 feet from any side or rear lot line abutting a Residential Zoning District.

(15) Maintenance of Off-Street Parking Space. The owner and tenant shall maintain the parking space, access ways, landscaping, bufferyards, and required fences in compliance with this Section and in a neat and adequate manner.

1146.400 TC PARKING STANDARDS

(1) Location. If off-street parking is provided by an individual business within the TC Zoning District, it shall be located to the side or rear of the business’ principal building, not between the building and the street. Individual business parking may not occupy a corner location.

(2) Landscaping. The corners of surface parking lots and all other areas not used for parking or vehicular circulation shall be landscaped with turf grass, native grasses or perennial flowering plans, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

1146.500 NUMBER OF REQUIRED OFF-STREET PARKING SPACES. The minimum number of required off-street parking spaces for the following uses shall be as specified in this subsection. Where no required minimum number of parking spaces is specifically listed for an individual use, the Zoning Administrator shall determine the minimum number of required off-street parking spaces required. Page 194 of 255

The Zoning Administrator shall consider functional similarities between uses where a parking requirement is listed in this subsection and the proposed use in determining the parking requirement.

1146.501 Residential Uses

USE REQUIREMENT Cluster Housing Two (2) parking spaces per dwelling Dwelling, Single Family Attached - Rowhome Two (2) parking spaces for each dwelling unit. Dwelling, Multi Family Two (2) parking spaces for each dwelling unit. Dwelling, Single Family Attached - Twinhome Two (2) parking spaces for each dwelling unit Dwelling, Single Family Detached Two (2) parking spaces for each dwelling unit Senior Housing One and one half (1.5) parking spaces per dwelling Senior Housing with Services Establishment Five (5) parking spaces plus one (1) for each four (4) beds based on design capacity.

1146.502 Commercial Uses

USE REQUIREMENT

Animal Handling One (1) parking space for each 200 square feet of floor area but not less than five (5) spaces. If boarding, one (1) additional space per ten (10) kennels shall be provided. Bank/Financial Service One (1) parking space for each 250 sq. ft. of gross floor area Bed and Breakfast Two (2) spaces plus one (1) space for each room for Establishment rent. No required parking may be located in the front yard, nor shall the parking area exceed 50% of the rear yard. Bowling Alley Five (5) parking spaces for each alley. Other uses which are commonly associated with bowling alleys such as restaurants and game room space will require additional parking and loading spaces, the number of which shall be determined by the parking requirements for those other uses specified in this subsection. Brewpub, Brewer Taproom, One (1) parking space for each 200 sq. ft. of gross Page 195 of 255

USE REQUIREMENT Club, Cocktail Room, Lodge, floor area Microbrewer and Small Brewer Convention/Exhibition Hall One (1) parking space for each 300 sq. ft. of assembly area Daycare, Family Two (2) parking spaces Daycare, Commercial Five (5) parking spaces plus one (1) for each five (5) program participants based on facility’s licensed capacity Food Services including One (1) parking space per 250 sq. ft. of gross floor designated seating areas area within Shopping Centers Funeral Home One (1) parking space for every 200 sq. ft. of assembly area Golf Course At least two (2) parking spaces for each golf hole plus one (1) space for each 500 sq. ft. of locker rooms and club rooms. If the club house contains dining or bar facilities, the parking requirement for restaurants with liquor shall apply. Golf Driving, Archery or Gun One (1) parking space for each target or driving tee. Range Golf, Miniature One and one half (1.5) parking spaces per golf hole. Hospital One (1) parking space for each 500 sq. ft. of gross floor area Hotel/Motel One and one half (1.5) spaces for each guest room. Other uses which are commonly associated with hotels such as restaurant and conference space will require additional parking and loading spaces, the number of which shall be determined by the parking requirement for those other uses specified in this subsection. Libraries/Studios One (1) parking space for each 300 sq. ft. of gross floor area in principal structure. Motor Fuel Station One (1) parking space for each 250 sq. ft. of gross floor area Motor Vehicle Sales Six (6) parking spaces plus one (1) space for every 500 sq. ft. of gross floor area Motor Vehicle Service and Four (4) parking spaces for each service bay. For the Repair purpose of calculating off-street parking, a service bay shall have a maximum floor area of 400 sq. ft. A maximum of 50% of the required parking may be stacked parking in spaces which have a minimum Page 196 of 255

USE REQUIREMENT dimension of seven and one half (7.5) feet wide by 16 ft. long. Nurseries, Greenhouse, Five (5) parking spaces plus one (1) space per 1,000 Garden Supply, Boat Sales sq. ft. of gross floor area and Repair, or Building Material Sales. Nursing Home Five (5) parking spaces plus one (1) for every five (5) beds offered for residential purposes. Offices / Medical or Dental Laboratories Gross floor areas of One (1) parking space for every 250 sq. ft. of gross 50,000 sq. Ft. or less floor area

Gross floor areas of 50,001 sq. ft. or more One (1) parking space for every 300 sq. ft. of gross floor area Open Sales or Rental Lots One (1) parking space for each 2,500 sq. ft. of land which is to be used for sales and display area.

Place of Assembly One (1) parking space for each three (3) seats based on the design capacity of the main assembly hall. Up to 50% of the required parking can be provided through a nonexclusive written agreement with the owner of another property located within 750 feet of an entrance to the place of assembly which authorizes parking during times of worship or events conducted at the location at times other than usual business hours on property which is an off-street parking lot which meets the design requirements of this Section and satisfies the parking requirements for the other property’s use during ordinary business hours during the usual work week. Police/Fire/Ambulance One (1) space for each 1,000 square feet of gross Stations floor area.

Printing Process One (1) parking space for each 100 sq. ft. of customer floor area.

Restaurants Five (5) parking spaces plus one (1) for each 50 sq. ft. of customer floor area. Retail Store, Grocery Store One (1) parking space for each 200 sq. ft. of gross Page 197 of 255

USE REQUIREMENT and Service Establishments floor area. If however, the merchandise displayed for Where More Than 25% of the sale is large such as furniture, carpeting, or Gross Floor Area is Customer appliances, the parking requirement shall be one (1) Area. parking space for each 500 sq. ft. of gross floor area. Retail Store and Service One (1) parking space for each 100 sq. ft. of gross Establishment where less floor area than 25% of the Gross Floor Area is Customer Area and where Product is Picked up or Delivered by Patron. Schools (Pre-K, Elementary Two (2) parking spaces for each classroom, or one (1) & Junior High) space for each five (5) seats in the primary assembly area, whichever is greater. Schools (High School One (1) parking space for each five (5) students based through Secondary, on building design capacity plus one (1) for every Business/Trade) classroom. Shopping Centers One (1) parking space for each 250 sq. ft. gross floor area Skating Rink or Public One (1) parking space per 250 sq. ft. of gross floor Auction House area

Sports/Health Clubs/ One (1) parking space for every 200 sq. ft. of non- Swimming Pool court area plus two (2) parking spaces per tennis or racquetball court and one (1) parking space for each 50 sq. ft. of deck area for a swimming pool. State Licensed Two (2) parking spaces for every five (5) program Nonresidential Facility participants licensed by the State of Minnesota State Licensed Residential Two (2) parking spaces for every five (5) beds offered Facility for residential purposes Theater, Auditorium, Meeting One (1) parking space for each three (3) seats of Hall building design seating capacity.

1146.503 Industrial Uses

USE REQUIREMENT

Manufacturing, Fabricating or Five (5) parking spaces shall be provided plus one (1) Processing of a Product or additional space for each 500 sq. ft. of structure, Material exclusive of office and warehouse space which shall be calculated separately according to the parking requirements for those other uses specified in this subsection.

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USE REQUIREMENT

Outdoor Storage One (1) parking space shall be provided for each 20,000 sq. ft. of land devoted to outside storage. Post Offices, Parcel Delivery Ten (10) parking spaces plus one (1) parking space Service for each 500 sq. ft. of floor area devoted to office, processing or service plus one (1) parking space for each vehicle customarily kept on the premises. Self-Service Storage Facility Five (5) parking spaces or two (2) parking spaces plus one (1) parking space per 75 storage units, whichever is greater. Showrooms One (1) parking space for every 500 sq. ft. of floor area. Transportation Terminal Specific requirements shall be determined by the zoning administrator based on a traffic and parking analysis for the terminal. Warehouse, Storage, One (1) parking space for each 1,500 sq. ft. of floor Handling of Bulk Goods area.

1146.600 PROOF OF PARKING. . For any parking lot for 30 vehicles or more, the property owner or tenant is only required to pave and stripe 75% of the required parking spaces if the following conditions which constitute proof of area for the additional required parking (“proof of parking”) are met:

(1) A parking plan drawn to scale for the property is submitted to the Zoning Administrator and the plan indicates the site complies with the total parking requirements stated above and with the parking lot design and standards contained in this Section.

(2) The proof of parking area, which is not paved and/or striped, but is capable of containing the amount of parking needed to reach 100% of the required parking is suitably landscaped and curbed to meet the landscaping and bufferyard requirements of the Zoning Code.

(3) The proof of parking area is clearly delineated on the parking plan for the site.

(4) The proof of parking area is not used to satisfy any other landscaping requirement of the Zoning Code, is not located in any other area on the site which is required by the City Codes to be used for other purposes, and is not located in an area occupied by a building.

The property owner is responsible for informing any subsequent owner of the property of the parking status of the property.

The City may, in its sole discretion, require that the proof of parking area be paved and striped in such a way that it meets the requirements of this Section to provide the total number of required parking spaces on the site.

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1146.700 PARKING BONUSES. If 50% or more of all spaces in the R-3 Zoning District or Commercial Zoning Districts are placed in or under the proposed principal structure or totally underground, the following bonuses shall apply:

(1) the site shall receive a 300 square foot lot area bonus for each space so placed, the additional footage is used to determine the allowable square footage of the building(s) on the site.

(2) The height added to the principal structure by any floor that is totally used for parking in or under the principal structure shall not be included to determine the size of the required yards.

(3) Maximum Bonuses. The maximum floor area which may be added to a building by placing parking spaces in or under the principal structure shall be not more than one third (1/3) the net floor area or one third (1/3) the number of dwelling units, whichever is applicable and whichever is less if both are applicable.

1146.800 OFF-STREET LOADING FACILITIES. The off-street loading requirement for non-residential buildings with less than 20,000 square feet may be satisfied by the designation of a loading zone area on the site. This loading zone area shall be separate from any required off-street parking area and access to the loading zone area shall be provided which does not conflict with automobile circulation to, from, or within the site.

A minimum of one (1) loading dock shall be provided for non-residential buildings over 20,000 square feet in floor area.

(1) Definition. A loading facility includes the dock, the berth for the vehicle, maneuvering areas, and the necessary screening walls.

(2) Location. All loading berth curb cuts shall be located 25 feet or more from the intersection of two (2) street rights-of-way. No loading berth shall be located less than 50 feet from an Residential Zoning District unless it is entirely within a building. In situations where access to the loading berth is directly from the street and no other practical means of access exists, a bufferyard screening requirement shall apply. Existing uses in the TCZoning District may utilize on- street loading areas, only if there is no off-street loading area alternative.

(3) Size. A loading dock shall have a berth area at least 12 feet in width and 55 feet long.

(4) Access. Each loading berth location shall permit vehicular access to a street or public alley in a manner which will least interfere with traffic.

(5) Surfacing. All loading facilities and accessways shall be paved with bituminous or concrete paving to control the dust and drainage.

(6) Screening. All berths shall be screened from view from any adjacent property in an Residential Zoning District with a bufferyard. The width of the driveway at the property line shall be excluded from the bufferyard requirement. Page 200 of 255

(7) Storage. No required loading berth or access drive shall be used for the storage of goods or inoperable vehicles. It may not be included as a part of the space necessary to meet the off-street parking requirements.

(8) Visibility. No off-street parking spaces shall be located in areas where it may impede visibility for adjacent intersections. Refer to Section 1145 for additional traffic visibility requirements.

1146.900 DRIVEWAYS. The purpose of this subsection is to provide minimum setback and slope standards for driveway construction. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring a hard surface for all driveways; and provide positive drainage to the street via establishment of minimum driveway slope standards. This subsection shall apply to all new, replaced or altered driveways.

(1) Driveways shall be setback at least five (5) feet from the side yard property line.

(2) Driveways shall be located as indicated on the subdivision grading plan. However, an alternate location meeting the provisions of this subsection may be permitted, if the driveway is not located over the City curbstop and is subject to approval by the City Engineer.

(3) Driveways shall not be installed over sewer and water services. Curbstops are not allowed to be located within the driveway.

(4) The vertical profile for a driveway shall not exceed ten (10) percent maximum slope. In circumstances when unusual topography or existing conditions of the property prohibit compliance with this subsection, the City Engineer may approve a driveway with a slope exceeding ten (10) percent.

(5) Accessory structures which are deemed by the Zoning Administrator to have potential access to a public or private street and have door openings exceeding six (6) feet in width shall have a bituminous or concrete surfaced driveway of a minimum of eight (8) feet wide to access the structure.

(6) Driveways shall be a minimum of eight (8) feet in width and surfaced with bituminous, concrete or other hard surface material, as approved by the City Engineer. Separate driveway strips for individual tires, if installation of a full width driveway would increase the impervious surface percentage of the parcel over the allowed maximum, are prohibited. For agricultural uses, driveways shall be surfaced from the intersection of the road for the first 100 feet of driveway, with concrete or other hard surface material, as approved by the City Engineer.

(7) The minimum corner clearance from the street right-of-way line shall be at least 30 feet to the edge of the driveway.

(8) For residential uses, the width of the driveway access shall not exceed 24 feet at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway.

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(9) For all other uses, the width of the driveway access shall not exceed 36 feet in width measured at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway.

(10) On lots not meeting the minimum width requirements at the right-of-way line, the driveway setback may be reduced subject to the following criteria:

➢ The driveway will not interfere with any existing easement. ➢ The location of the driveway must be approved by the City Engineer to ensure that it will not cause runoff onto adjacent properties. ➢ A shared driveway may be approved conditional upon the property owners providing a recorded copy of cross access easements, and the combined width of the driveway may not exceed 24 feet at the right-of-way line. ➢ All other provisions of this subsection must be met.

(11) On lots with concrete sidewalks, a concrete apron shall be installed from the curb to the sidewalk.

(12) In single family attached – rowhome and cluster housing developments, the driveway setback and width requirements may be modified subject to the following criteria: ➢ The driveway locations must be approved by the City Engineer as part of the subdivision grading plan. ➢ The driveway will not interfere with any existing easement. ➢ All other provisions of this subsection of the Zoning Code must be met.

1146.901 Driveway Alterations and Additions: Prior to commencing any work, a driveway permit approved by the City Engineer is required for each of the following: a) Replacement of a driveway; b) Alteration of a driveway; or c) Addition to an existing driveway if the addition exceeds the length and width approved as part of the original building permit.

This permit is subject to a fee set forth in the City Fee Schedule.

Section 89 City Code Sections 1108 “CUPs, Variances, Amendments and Interim Use Permits” and 1109 “Administrative Procedures” are deleted in their entirety and replaced with new Sections 1150 “Site Plan Review”, 1151 “Conditional and Interim Use Permits”, 1152 “Variances”, 1153 “Amendments”, 1154 “Appeals”, 1155 “Enforcement, Penalties and Fees”, and 1161 “Building Permits and Certificates of Occupancy” to read as follows:

SECTION 1150 SITE PLAN REVIEW

SUBSECTIONS Page 202 of 255

1150.100: Site Plan Review

1150.100: SITE PLAN REVIEW.

1150.101 Purpose and Intent. The site plan review procedure is an administrative review performed by City staff for uses which, because of their nature, operation and location in relation to other uses, require a more thorough review procedure. The purpose of this procedure is to identify all relevant issues and permit requirements prior to the application for a building permit. To achieve this, this subsection describes the procedures governing the application and review process.

1150.102 Uses Subject to the Site Plan Review Procedure. Site plan review shall be required for all of the following uses:

➢ Temporary Structures. ➢ Any uses permitted with conditions in the A, R-S, R-1, R-2 and R-3 Zoning Districts. ➢ Any uses permitted and permitted with conditions in the TC, TC-T, C-1, C- 2, C-3, and I-1 Zoning Districts involving new construction or substantial building alteration that may impact required parking, landscaping or other requirements of the Zoning Code. ➢ Interim Uses.

1150.103 Application for Site Plan Review. An application for a Site Plan Review shall be on a form provided by the City and shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the Zoning District(s) in which the property is located. The application shall also be accompanied by the following information:

➢ A certificate of survey of the property; ➢ Fee for a Site Plan Review as set forth in the Fee Schedule; ➢ A detailed site plan based on the current survey. The site plan must include the following information:  Site dimensions  Site conditions and existing development on the subject property and immediately adjacent properties.  The proposed use of all areas of the site.  The proposed density, type, size and location of all dwelling units, if dwelling units are proposed.  The general size, location and use of any proposed nonresidential buildings on the site.  All public streets, entrance and exit drives, and walkway locations.  All parking areas.  Trash enclosures.

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 Outdoor mechanical equipment. ➢ Landscaping Plans, including irrigation plans. ➢ A tree inventory and tree preservation plan. ➢ Information detailing existing natural features, including surface waters, wetlands, bluffs, etc. ➢ Lighting plans showing all outside and building exterior lighting. ➢ Signage Plans. ➢ Grading and erosion and sediment control plan, including stormwater drainage calculations. ➢ Utility plans. ➢ A fire protection plan identifying fire lanes, hydrant locations, post indicator valves and Siamese connections. ➢ Building plans, including exterior wall elevations, exterior building materials and cross section floor layouts. ➢ Any other information the City may request to determine whether the proposed project meets the requirements of this subsection. ➢ Summary sheets which include: ▪ Proposed densities, ground floor area and floor area ratios. ▪ Acreage or square footage of individual land uses on the site.

1150.104 Procedure for Approval of a Site Plan. After receipt of a complete application, the Community Development Department will refer the application to relevant City Departments and to other interested parties. The Community Development Department will review the proposed development for compliance with the provisions of the Zoning Code, the Subdivision Code and other applicable City Code provisions and ordinances. Within 60 days of receipt of a complete application, the Zoning Administrator will take action to approve or deny the application.

1150.105 Building Permits. No building permits shall be issued for any property for which a site plan has been approved until the applicant has paid to the City all required fees and has filed any required letter of credit.

SECTION 1151 CONDITIONAL AND INTERIM USE PERMITS

SUBSECTIONS

1151.100: Standards and Procedures Governing Conditional and Interim Use Permits 1151.200: Conditional Use Permits 1151.300: Continuation of Certain Conditional Use Permits 1151.400: Interim Use Permits

1151.100: STANDARDS AND PROCEDURES GOVERNING CONDITIONAL AND INTERIM USE PERMITS. The purpose and intent of this Section is to outline the general procedures for the process and review of applications for Conditional and Interim Page 204 of 255

Use Permits This Section also includes the standards by which these applications should be reviewed.

1151.200: CONDITIONAL USE PERMITS.

1151.201 Purpose and Intent. This Subsection identifies certain uses, which because of their nature, operation and location in relation to other uses require a Conditional Use Permit. The Conditional Use Permit process regulates the location, magnitude and design of conditional uses consistent with the Comprehensive Plan, and the regulations, purposes, and procedures of the Zoning Code.

Conditional Use Permits contain minimum conditions to minimize the impact of the use on adjacent properties. To achieve this, this Subsection sets out the general provisions and criteria applicable to all uses authorized by a Conditional Use Permit. This Subsection also describes the procedures governing the application and review process. When considering whether to approve or deny a Conditional Use Permit, the Planning Commission has the discretion to impose site specific conditions designed to mitigate the potential impacts on adjacent properties.

1151.202 Standards For Conditional Uses. The Planning Commission shall review all applications for a Conditional Use Permit and shall make findings with respect to the criteria set forth in Minn. Stat. 462.357, Subd. 6 (2) and shall grant a Conditional Use Permit only if practical difficulties, as defined in the statue, exist..

1151.203 Conditions Attached to Conditional Use Permits. The Conditional Use Permit shall be subject to the conditions set forth in City Code Section 1122 for the applicable use. In addition, the Planning Commission may impose additional, reasonable conditions on any Conditional Use Permit.

1151.204 Conditional Use Performance Standards in the Shoreland District. In addition to the standards listed above and below for conditional uses, the Planning Commission shall consider the following criteria when evaluating requests for Conditional Use Permits in the Shoreland District.

(1) Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions on the site must be made to ensure:

➢ The prevention of soil erosion or other possible pollution of public waters, both during and after construction; ➢ The visibility of structures and other facilities as viewed from public waters is limited; ➢ The site’s access to City sewer and water services; and ➢ The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate the watercraft.

(2) Conditions Attached To Conditional Use Permits. The Planning Commission, upon consideration of the criteria listed above and the purposes of this Subsection, shall attach such conditions to the issuance of the Conditional Use

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Permit as it deems necessary. Such conditions may include, but are not limited to, the following:

➢ Increased setbacks from the ordinary high water level; ➢ Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and ➢ Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

1151.205 Conditional Use Performance Standards in the Floodplain District. In addition to the standards listed above for conditional uses, the Planning Commission shall consider the following criteria when evaluating requests for Conditional Use Permits in the Floodplain District.

(1) Evaluation Criteria. The Planning Commission shall consider all relevant factors, including the following:

➢ The danger to life and property due to increased flood heights or velocities caused by encroachments. ➢ The danger materials may be swept onto other lands or downstream to the injury of others, or they may block bridges, culverts or other hydraulic structures. ➢ The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. ➢ The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. ➢ The importance of the services provided by the proposed facility to the community. ➢ The requirements of the facility for a waterfront location. ➢ The availability of alternative locations not subject to flooding for the proposed use. ➢ The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ➢ The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. ➢ The safety of access to the property in times of flood for ordinary and emergency vehicles. ➢ The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. ➢ Such other factors which are relevant to the purposes of this Subsection.

(2) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Subsection, the Planning Commission shall attach such conditions to the granting of a Conditional Use Permit as deemed necessary. Such conditions may include, but are not limited to, the following:

➢ Modification of waste treatment and water supply facilities.

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➢ Limitations on period of use, occupancy and operation. ➢ Imposition of operational controls, sureties and deed restrictions. ➢ Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures. ➢ Floodproofing measures, in accordance with the State Building Code and the Floodplains Chapter of the City Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

1151.206 Application for a Conditional Use Permit. An application for a Conditional Use Permit shall be on a form provided by the City which shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the Zoning District(s) in which the Conditional Use Permit is proposed to be located. The application shall also be accompanied by the following information:

(1) A general development plan including the following:

➢ Site conditions and existing development on the subject property and immediately adjacent properties. ➢ The proposed use of all areas of the site. ➢ The proposed density, type, size, and location of all dwelling units, if dwelling units are proposed. ➢ The general size, location and use of any proposed nonresidential buildings on the site. ➢ All public streets, entrance and exit drives, and walkway locations. ➢ Parking areas. ➢ Landscaped areas. ➢ Parks and open spaces, public plazas, and common areas. ➢ Site dimensions. ➢ Generalized drainage and utility plans. ➢ Any other information the City may request to determine whether the proposed project meets the requirements of this subsection.

(2) Summary sheets which include the following:

➢ Proposed densities, ground floor areas, and floor area ratios. ➢ Acreage or square footage of individual land uses on the site. ➢ All proposed modifications of district regulations being requested.

(3) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase.

(4) A map or plat showing the lands proposed for the conditional use permit and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the County Auditor of Scott County or other appropriate records.

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(5) Fee for a Conditional Use Permit as set forth in the Fee Schedule.

1151.207 Procedure for Consideration of a Conditional Use Permit.

(1) The application shall be reviewed by the City staff and reports concerning the application shall be submitted to the Planning Commission for its consideration within 30 days of receipt of all material required by this Subsection for review of the application.

(2) The Planning Commission shall hold a public hearing to consider the application. Notice of the public hearing shall be provided as required by State Statute. The Planning Commission shall take final action on the application for a Conditional Use Permit within 60 days of a complete application, unless the deadline for action is waived by the applicant.

(3) The Planning Commission may approve the Conditional Use Permit in whole or in part, may approve the Conditional Use permit subject to additional conditions, may deny the Conditional Use Permit, or may continue consideration of the Conditional Use Permit for further investigation and consideration at a later date. Conditional Use Permits may be approved or denied by resolution of the Planning Commission. A resolution of approval or denial shall set out the findings by the Planning Commission supporting the approval or denial.

1151.208 Modifications. The Planning Commission may impose at any time, on its own initiative or upon application by the property owner, modify the conditions of an existing Conditional Use Permit as changing circumstances warrant. No modification of an existing Conditional Use Permit may be made until a public hearing has been held by the Planning Commission, except that minor amendments shall require only notice to the holder of the Conditional Use permit and approval of the Planning Commission. Minor amendments include proposed changes or modifications which will not have an effect on required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or agreements required by the original Conditional Use Permit.

1151.209 Assent Form. No Conditional Use Permit with imposed conditions is valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the Conditional Use Permit is granted and agrees to observe them.

1151.210 Filing. The resolution approving a Conditional Use Permit or modification of a Conditional Use Permit shall include the legal description of the property for which the Permit was issued and a list of any conditions set forth by the Planning Commission as part of the approval of the Conditional Use Permit. A certified copy of the resolution shall be filed with the Scott County Recorder within 60 days of approval of the resolution and evidence of recording provided to the Zoning Administrator.

1151.211 Revocation of Conditional Use Permits. A Conditional Use Permit may be revoked by the Planning Commission if the Commission determines that the holder of an existing Conditional Use Permit has violated any of the conditions or

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requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulations. The following procedure shall apply to revocations:

(1) The Zoning Administrator shall notify the holder in writing of the alleged violation. The notice shall be given in person or by US mail, addressed to the applicant at the address stated on the original application or as has been updated in writing as well as to the owner of the property subject to the Conditional Use Permit as identified by the records of the Scott County Auditor. Notice shall also be served upon the occupant(s) of the premises for which the Conditional Use Permit was issued or, if no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting.

(2) The notice shall be issued a minimum ten (10) days prior to the date of a public hearing conducted by the Planning Commission. The holder of the Conditional Use Permit shall be required to reimburse the City for costs incurred pursuant to the Enforcement, Penalty and Fees Section of the City Code.

(3) At the hearing, the Planning Commission shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the Planning Commission shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State statute and City Code and as determined appropriate by the Zoning Administrator.

1151.212 Cancellation after One Year, No Construction Required. All Conditional Use Permits shall be canceled, solely by the passage of time and without any action by the Cit,y if one year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1151.213 Cancellation after One Year, New Construction Required. All Conditional Use Permits shall be canceled after one year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way.

1151.214 Cancellation upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land or lands and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration, or substantial repair to existing buildings was required, or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed canceled upon the occurrence of any of the following events:

(1) A change in the Zoning District for such lands is made by amendment to the Zoning Map by the City Council.

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(2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit.

(3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota.

(4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes.

(5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been discontinued. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted.

(6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit.

1151.215 Cancellation if Use Discontinued. A Conditional Use Permit granted by the City is canceled if all conditions imposed in the Conditional Use Permit are not satisfied within 1 year or if the approved use is discontinued for a period of more than 1 year.

1151.216 Extension of Time of Cancellation. The Planning Commission may grant up to a 1-year extension of time beyond the cancellation date for any Conditional Use Permit. The fee to process an extension request shall be set by the City Council in the Fee Schedule. Requests for extension of time must be filed with the Zoning Administrator before the cancellation date of the Conditional Use Permit, but such request shall not be filed more than 60 days before the cancellation date. The Planning Commission may approve, by resolution, such requested extension if the Planning Commission finds the use to be acceptable and a satisfactory reason exists to grant an extension

1151.217 Reimbursement of City Costs. No Conditional Use Permit shall become valid and no building permit shall be issued for the property until the applicant has paid to the City all fees and cost reimbursements due according to the Enforcement, Penalty and Fees Section of the City Code and has filed any required escrow or letter of credit.

1151.300: CONTINUATION OF CERTAIN CONDITIONAL USE PERMITS. The purpose of this subsection is to address certain Conditional Use Permits affected by amendments to the Zoning Code and to set forth procedures by which a Conditional Use Permit may be terminated or converted and by which property affected by such Conditional Use Permits may be altered.

(1) Conditional Use Permit Uses Now Permitted. Conditional Use Permits issued for land uses which are now permitted uses in the Zoning District in which the property is located are hereby continued in full force and effect. The owner of property subject to such a Conditional Use Permit may request termination of the Conditional Use Permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written Page 210 of 255

termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the City wherein the owner agrees to indemnify and hold harmless the City for any actions or consequences arising from termination of the Conditional Use Permit. Upon termination of the Conditional Use Permit, the land use shall be governed by the regulations of the Zoning Code and other applicable laws, rules and regulations. Once a Conditional Use Permit is declared terminated, it may not be reinstated.

(2) Conditional Use Permit Uses Now Permitted With Conditions. Conditional Use Permits issued for land uses which are now uses permitted with conditions in the Zoning District in which the property is located are hereby continued in full force and effect. The owner of property subject to such a Conditional Use Permit may request termination of the Conditional Use Permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the City wherein the owner agrees to indemnify and hold harmless the City for any actions or consequences arising from termination of the Conditional Use Permit. Upon termination of the Conditional Use Permit, the land use shall be governed by the regulations of this Zoning Code and other applicable laws, rules and regulations. Once a Conditional Use Permit is declared terminated, it may not be reinstated.

(3) Conditional Use Permit Uses Now Conditional Uses. Conditional Use Permits issued for land uses which continue to require a Conditional Use Permit in the Zoning District in which the property is located, are hereby continued in full force and effect. The holder of such a Conditional Use Permit may request the City to verify compliance of the property with the terms and conditions of the Conditional Use Permit. A holder of a Conditional Use Permit requesting such verification shall submit such plans and other documentation necessary to demonstrate to the Zoning Administrator that the property complies with the terms and conditions of the Conditional Use Permit. Upon a satisfactory demonstration of compliance with the conditions of the Conditional Use Permit, the Zoning Administrator shall issue a Certificate of Zoning Compliance stating that the property complies with the terms and conditions of the Conditional Use Permit. The Certificate of Zoning Compliance shall be recorded on the title of the subject property by the applicant.

(4) Conditional Use Permit Uses Now Non-Conforming Uses. Conditional Use Permits issued for land uses which are now nonconforming uses in the Zoning District in which the property is located are hereby continued in full force and effect.

1151.400: INTERIM USE PERMITS.

1151.401 Purpose and Intent. Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances be acceptable for a prescribed period of time. An Interim Use is a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it. An Interim Use may never become a Use that is permitted, permitted with conditions or allowed by conditional use permit unless the Zoning Page 211 of 255

Code is amended, following the procedures required by the Amendments Section of the City Code and approved by a 4/5ths vote of the City Council.

1151.402 Process. Two steps must occur before an Interim Use can occupy a property. The first step requires the City Council to designate a particular land use as an Interim Use in the specified Zoning District. The second step requires the application for and approval of an Interim Use Permit.

(1) Designation of Interim Use. An Interim Use may be designated by the City Council in the same manner as the text of the Zoning Code is amended.

(2) Application for Interim Use Permit. The procedures for applying for an Interim Use Permit, the required exhibits, and the criteria for granting an Interim Use shall follow the provisions for application and procedure for review set forth above for Conditional Use Permits.

(3) Limited Application. Interim Uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an Interim Use Permit does not confer upon the property owner any vested right.

(4) Permit. The City Council may grant an Interim Use Permit for the interim use of property if:

• The date or event that will terminate the use can be identified with certainty; • Permitting the use will not impose additional costs on the City if it is necessary for the City to take the property in the future; and • The permittee agrees in writing to any conditions that the City Council deems appropriate for the use.

(5) Assent Form. An Interim Use Permit requires the applicant to sign an assent form and any approved exhibits which acknowledge the terms and conditions under which the Interim Use Permit is granted. The applicant thereby agrees to observe and be bound by the terms and conditions set forth in the Permit.

(6) Permit Termination. An Interim Use Permit shall expire or be terminated by: • The date of event(s) stated in the permit. • Upon a violation of any condition under which the permit was issued.

(7) Permit Review. An Interim Use Permit must be reviewed annually by staff, but may be reviewed at any time if the Council is of the opinion that the terms and conditions of the Permit have been violated or if any of the criteria for expiration or termination have been met.

(8) Permit Extension. The City Council shall have the right to extend the expiration or termination date for such additional periods as are

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consistent with the terms and conditions of the original Permit, but in no event beyond ten (10) years.

SECTION 1152 VARIANCES SUBSECTIONS

1152.100: Standards and Procedures Governing Variances 1152.200: Variances

1152.100: STANDARDS AND PROCEDURES GOVERNING VARIANCES. The purpose and intent of this Section is to outline the general procedures for the process and review of applications for Variances to the Zoning Code. This Section also includes the standards by which these applications should be reviewed.

1152.200: VARIANCES TO THE PROVISIONS OF THE ZONING CODE. This Section provides authority for Variances to the application of the provisions of the Zoning Code. Minn. Stat. 462.357 (subd. 6, subp. 2) states “variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.” When practical difficulties exist the owner of the fee title to the property may apply for a Variance to the provisions of the Zoning Code.

1152.201 Applications for Variances. Applications for Variances must be filed with the Zoning Administrator and must describe the conditions of the lot and the practical difficulties claimed as a basis for the Variance. All Variance applications must be signed by the fee owner(s) of the property. An application for a Variance shall be on a form provided by the City and shall be accompanied by the following information:

➢ Fee for a Variance as set forth in the Fee Schedule. ➢ A survey of the property showing all property lines, required setbacks, easements, existing structures, and all proposed structures. ➢ A map or plat showing the lands proposed for Variance and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the County Auditor of Scott County or other appropriate records. ➢ If the Variance application involves a driveway or access to the property, the property owner(s) and applicant must demonstrate that the Variance, if granted, will not impair access to other platted lots. ➢ Any other materials required by the City. ➢ Any other materials or information the property owner and applicant believe support the Variance application and will assist the Board of Adjustment and Appeals to reach a decision.

1152.202 Board of Adjustment Decides Variances. All Variance applications are considered and decided by the Board of Adjustment and Appeals after a public hearing. The application shall be reviewed by the City staff and reports Page 213 of 255

concerning the application shall be submitted to the Board for its consideration The Board shall consider the effect of the strict application of the provisions of the Zoning Code on the applicant’s property and the impact granting the Variance will have Comprehensive Plan. In addition, the Board shall consider the requirements of all other applicable State Statutes, the information in the application, the information in the staff report and the criteria set forth in Minn. Stat. 462.357, Subd. 6. The Board of Adjustment shall make specific findings relating to each of the statutory criteria as follows: ➢ Variances shall only be permitted when they are in harmony with the general purposes and intent of the Zoning Code. ➢ Variances shall only be permitted when they are consistent with the comprehensive plan. ➢ Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. "Practical difficulties," as used in connection with the granting of a variance, means that: o The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; o The plight of the landowner is due to circumstances unique to the property not created by the landowner; and o The variance, if granted, will not alter the essential character of the locality. ➢ Economic considerations alone do not constitute practical difficulties.

1152.203 Notice of Hearing. After receipt of a complete application, the Zoning Administrator shall set a date for a public hearing and publish notice of said hearing as required by State Statute. The public hearing must occur within 30 days after receipt of a complete application.

1152.204 Time of Decision on Variance. Final action on the proposed Variance must occur within 60 days from the date the complete application was received by the City, unless the City notifies the applicant in writing that it intends to extend the decision deadline by an additional 60 days. The written notice must state the reason the City is extending the decision deadline.

1152.205 Decision on Variance. The Board of Adjustment and Appeals may approve the Variance in whole or in part, may approve the Variance subject to additional conditions, may deny the Variance, or may continue consideration of the Variance for further investigation and consideration at a later date. Variances may be approved or denied by resolution of the Board. A resolution of approval or denial shall set out the findings by the Board supporting the approval or denial.

1152.206 Limitations. No application for a Variance shall be accepted, and no Variance shall be granted by the City for any of the following:

➢ Land uses not specifically listed within a Zoning District. ➢ Floor elevations lower than the Flood Protection Elevation, or levels of flood protection required in the Flood Plain District.

1152.207 Conditions. In granting a variance, the Board of Adjustment and Appeals may impose such reasonable and appropriate conditions and safeguards as may be

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necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to ensure compliance and protect adjacent properties, the character of the neighborhood, and the health, safety, or general welfare of the community. Any conditions must be directly related to and must bear a rough proportionality to the impact created by the Variance. A Variance and any conditions and safeguards which were made a part of the terms under which the Variance was granted are binding upon the applicant/property owner and any subsequent purchaser, successor, heir, or assign of the property. Any violation of the Variance or its conditions and safeguards shall be a violation of the Zoning Code.

1152.208 Assent Form. No Variance which is approved subject to conditions is valid until the property owner and applicant for the Variance have signed an assent and form and the approved exhibits agreeing to the terms and conditions applicable to the Variance.

1152.209 Variance Must be Recorded. The resolution approving a Variance shall include the legal description of the property and a list of any conditions imposed by the Board of Adjustment and Appeals. A certified copy of the resolution shall be filed with the Scott County Recorder and evidence of recording provided to the Zoning Administrator.

1152.210 Revocation of a Variance. A Variance may be revoked by the Board of Adjustments and Appeals if the Board determines the property has been used in a manner that violates any of the conditions or requirements imposed as a condition to approval of the Variance, or violates any other applicable laws, ordinances, or enforceable regulation. The following procedures shall apply to revocations:

(1) The Zoning Administrator shall provide written notice of the alleged violation to the property owner and person(s) whose name(s) appeared on the original application for the Variance or as has been updated in writing. The notice shall be delivered in person or by US mail, a minimum of 10 days prior to the date set for a hearing before the Board of Adjustments and Appeals. Notice shall also be served upon the occupants of the property subject to the Variance. If no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting. The holder of the Conditional Use Permit shall be required to reimburse the City for costs incurred pursuant to the Enforcement, Penalty and Fees Section of the City Code.

(2) At the hearing, the Board of Adjustments and Appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the Board shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State statute and City Code and as determined appropriate by the Zoning Administrator.

1152.211 Expiration of Variance. All Variances shall be canceled, solely by the passage of time and without any action by the City, if one (1) year has elapsed from the date of the adoption of the resolution granting the Variance if there is no

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evidence that substantial use or progress has occurred on the property or premise subject to the approved Variance.

1152.212 Extension of Variance. The owner of the property subject to a Variance may, by application and payment of the fee set by the City Council, apply for an extension of the 1-year Variance period. The application to extend the Variance request must be filed with the Zoning Administrator a minimum of 30 days before the expiration date of the Variance, but such request shall not be filed more than 60 days before the expiration date. The Board of Adjustment may, by resolution, extend a Variance for a reasonable period of time not to exceed one (1) year.

1152.213 Duration and Enforcement. Variances shall remain in effect as long as the conditions stated in the permit are observed. Failure to comply with those conditions may results in revocation of the Variance.

1152.214 Reimbursement of City Costs. No Variance shall become valid and no building permit shall be issued in reliance on the Variance until the applicant has paid to the City all fees and cost reimbursement due according to the Enforcement, Penalty and Fees Section of the City Code and has filed any required escrow or letter of credit.

SECTION 1153 AMENDMENTS SUBSECTIONS

1153.100: Standards and Procedures Governing Amendments 1153.200: Amendments to the Zoning Code and Zoning Map 1153.300: Amendments to the Comprehensive Plan and Land Use Map 1153.400: Amendments to Official Maps

1153.100: STANDARDS AND PROCEDURES GOVERNING AMENDMENTS. The purpose and intent of this Section is to outline the general procedures for the process and review of amendments to the Zoning Code, Zoning Map and Comprehensive Plan. This Section also includes the standards by which amendments should be reviewed.

1153.200: AMENDMENTS TO THE ZONING CODE OR ZONING MAP.

1153.201 Initiation of Proceedings. Amendments to the Zoning Code or Zoning Map may be initiated in one of four ways as follows:

➢ The Planning Commission may initiate such amendments by motion. ➢ The City Council may on its own motion initiate amendments by referring them to the Planning Commission for review. ➢ Any property owner may formally petition the City to consider an amendment to the Zoning Map for land for which he/she is property owner. Page 216 of 255

➢ Any individual may petition the City to consider an amendment to the text of the Zoning Code.

1153.202 Applications for Amendments to the Zoning Map. All applications for changes in the boundaries of any Use District initiated by the petition of the owner or owners of the property shall be on a form provided by the City and shall be accompanied by the following information and/or attachments:

➢ A legal description of the property to be changed. ➢ A map or plat showing the property proposed to be changed and all properties within 350 feet of the boundaries of that property. ➢ The names and addresses of the owners of properties within 350 feet of the property to be changed as shown on the records of the Scott County Auditor. ➢ An application fee as established by the City Council in the Fee Schedule.

1153.203 Applications for Amendments to the Text of the Zoning Code. All applications for amendments to the text of the Zoning Code initiated by the petition shall be on a form provided by the City and shall be accompanied by the following information and/or attachments:

➢ A written description of the changes to the text of the Zoning Code and the reasons and rational for the proposed changes. ➢ An application fee as established by the City Council in the Fee Schedule.

1153.204 Public Hearing and Notice. A public hearing shall be held before any amendment to the Zoning Code or Zoning Map is adopted. Notice of the public hearing shall be provided as required by State Statute.

The Commissioner of the Department of Natural Resources shall be notified at least ten (10) days in advance of the public hearing of any request to amend the text of the Flood Plain or Shoreland regulations or the boundaries of the Flood Plain district. Flood Plain boundaries shall not be amended unless the City provides adequate information to the Commissioner of the Department of Natural Resources that the map is in error or the lands are adequately protected from flood.

1153.205 Review of Amendments. The proposed amendment shall be reviewed by the City staff and a report concerning the proposal shall be submitted to the Planning Commission for its consideration within 30 days of receipt of a complete application or within the time set by motion of the Planning Commission or City Council.

The Planning Commission shall make a recommendation on the amendment to the City Council within 60 days of receipt of a complete application or within the time set by the Planning Commission or City Council. If the Planning Commission fails to make a recommendation within the 60-day period, the City Council may then consider the amendment without the Planning Commission's recommendation.

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1153.206 City Council Action. The City Council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the City Council shall render a decision regarding the amendment within 60 days of the Council's initial consideration of the amendment.

1153.207 Adoption.

(1) Amendments to the text of the Zoning Code or to the Zoning Map require a majority vote of all members of the City Council. The adoption or amendment of any part of the Zoning Code that changes all or part of the existing classification of a Zoning District from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the City Council.

(2) The adoption or amendment of any part of the Zoning Code that changes all or part of the existing classification of a Zoning District from either commercial or industrial to residential requires a two-thirds majority vote of all members of the City Council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the City Council.

1153.208 Fees For Rezoning and Amendments to the Text. If the City Council or City Planning Commission initiates proceedings for rezoning or text amendments, the Council may require that payment of an application fee be made by owners of property involved before considering any amendment.

1153.209 Policy for Amendments. Recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies:

(1) In the case of amendments to the Zoning Map:

➢ The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned erroneously due to a technical or administrative error, or ➢ The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area, or ➢ The permitted uses allowed within the proposed Zoning District will be appropriate on the subject property and compatible with adjacent properties and the neighborhood.

(2) In the case of amendments to the text of the Zoning Code:

➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of the Zoning Code, the Comprehensive Plan or other adopted plans or policies of the City, or

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➢ The adoption of the amendment is consistent with State and/or federal requirements.

1153.300: AMENDMENTS TO THE COMPREHENSIVE PLAN AND LAND USE MAP.

1153.301 Purpose and Intent. The Comprehensive Plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the City of Prior Lake. The Comprehensive Plan includes plans, goals, policies and standards and is an adopted statement of City policy concerning the future of the City. The Zoning Code is adopted for the purpose of carrying out the policies and goals of the Land Use Chapter of the Comprehensive Plan. However, any amendment to the text of the Zoning Code or the Zoning Map which is inconsistent with the Comprehensive Plan shall not be invalidated as a result of the inconsistency.

The City may, either by motion of the City Council or Planning Commission or by petition of a property owner, consider amendments to the text of the Comprehensive Plan or to the Comprehensive Plan Land Use Map. This subsection outlines the procedures for consideration of these amendments.

1153.302 Application. Any person petitioning for a change in the Comprehensive Plan or Land Use Map shall submit an application in the form prescribed by the City. The application shall describe the change requested, state the reasons for the requested change, and attach documentation to support the request. The applicant shall pay a fee established by the City Council in the Fee Schedule. If the request requires a change in the Land Use Map, a map or plat showing the lands proposed for the amendment and all lands within 500 feet of the boundaries of that property and two copies of the names and addresses of the owners of the lands in the area as they appear on the records of the County Auditor of Scott County or other appropriate records shall be filed with the application.

1153.303 Metropolitan Council Review. Upon receipt of the complete application or motion, the City staff shall review the request and determine whether an amendment as defined by guidelines established by the Metropolitan Council of the Twin Cities for its review of Comprehensive Plan amendments is requested. If an amendment as define by the Metropolitan Council is requested, a copy of the proposed amendment shall be forwarded to the Metropolitan Council for its review within ten (10) working days of the motion or receipt of the complete application by the City.

1153.304 Public Hearing and Notice. A public hearing shall be held before any amendment to the Comprehensive Plan or Land Use Map is adopted. Notice of the public hearing shall be provided as required by State Statute.

1153.305 Planning Commission Review. The proposed amendment shall be reviewed by the City staff and a report concerning the proposal shall be submitted to the Planning Commission for its consideration within 30 days of receipt of a complete application or within the time set by the Planning Commission or City Council. The Planning Commission shall consider the testimony received at the public hearing, the staff reports, and other material it deems pertinent and shall report its findings and recommendations to the City Council with 60 days of the date of the motion or receipt of a complete application or within the time set by the Page 219 of 255

Planning Commission or City Council. If the Planning Commission fails to make a recommendation within the 60-day period, the City Council may then consider the amendment without the Planning Commission's recommendation.

1153.306 City Council Action. The City Council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the City Council shall render a decision regarding the amendment within 60 days of the Council's initial consideration of the amendment.

1153.307 Adoption.

(1) Amendments to the Comprehensive Plan or Land Use Map require a majority vote of all members of the City Council. The adoption or amendment of any part of the Land Use Map that changes all or part of a planned land use from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the City Council.

(2) The adoption or amendment of any part of the Land Use Map that changes all or part of a planned land use from either commercial or industrial to residential requires a two-thirds majority vote of all members of the City Council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the City Council.

(3) The City Council may alter the proposed amendment, but if the alteration results in a modification of the map filed at the time of publication of notice of the hearing, the amendment shall not be adopted until ten (10) days after notice has been given by registered mail to the owner of the property to be re-guided that an amendment is being considered and may be adopted which is different from that shown on the original map filed in support of the requested planned land use.

1153.400: AMENDMENTS TO OFFICIAL MAPS.

1153.401 Purpose and Intent. An official map is a map that is adopted pursuant to Minn. Stat. 462.359 which identifies land needed for future public uses.

1153.402 Initiation of Amendment. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by:

(1) A recommendation of the Planning Commission; or

(2) Action by the City Council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body.

1153.403 Sketch Maps and Reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map Page 220 of 255

or plat showing the lands proposed to be included and the public purpose to be served.

1153.404 Reference to Planning Commission. Except when proceedings have been initiated by recommendation of the Planning Commission, every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within 45 days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the Comprehensive Plan of the City. If no recommendation is received by the Council within 45 days after reference of the proposal to the Commission, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission.

1153.405 Notice and Hearing.

(1) Notice. Upon receiving the recommendation of the Planning Commission or after 45 days from the submission of the proposal to the Planning Commission without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place and purpose of the hearing and a description of the property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the County auditor and the notice shall be addressed to the last known address as shown by the auditor’s records. Failure to serve any such notice shall not invalidate the proceedings.

(2) Hearing. At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued, from time to time without further notices. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council.

1153.406 Preparation and Filing of Maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County recorder.

1153.407 Effect.

(1) Building Permit. After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to the provisions of Minn. Stat. 462.359. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or Page 221 of 255

structure within an area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area identified for public purposes. The adoption of an official map does not give the City any right, title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit.

(2) Appeal. Whenever a building permit is denied pursuant to this subsection, the Board of Adjustments and Appeals shall, upon appeal filed with it by the owner of the land, hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. The Board of Adjustments and Appeals shall grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the Board finds, upon the evidence and the arguments presented to it:

a. That the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or

b. That, balancing the interest of the City in preserving the integrity of the official map and the Comprehensive Plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity.

(3) If the Board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other board or commission having jurisdiction shall have six (6) months form the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise conforms to local ordinances.

SECTION 1154 APPEALS SUBSECTIONS

1154.100: Appeals 1154.200: Appeal from a Decision of the Zoning Administrator 1154.300: Appeal from a Decision of the Planning Commission/ Board of Adjustments and Appeals Page 222 of 255

1154.400: Appeal from a Decision of the City Council 1154.500: Standard of Review 1154.600: Effect of Appeal

1154.100: APPEALS. This Section provides the sole method to appeal any rule, order, requirement, decision or determination of the Zoning Administrator, Planning Commission, Board of Adjustment and Appeals, and/or City Council relating to the Zoning Code. Failure to follow the procedures and timelines set forth in this Section constitute a waiver of any right to appeal.

1154.200: APPEAL FROM A DECISION OF THE ZONING ADMINISTRATOR.

1154.201 Right to Appeal from the Decision of the Zoning Administrator. Anyone aggrieved (including but not limited to an applicant, affected property owner, or City staff member) by any rule, order, requirement, decision, or determination of the Zoning Administrator (except for actions taken in connection with enforcement of violations, which are not subject to appeal) may appeal to the Board of Adjustments and Appeals. The appeal shall be made by filing a notice of the appeal (“Notice”) with the Zoning Administrator within 5 business days of the date of the written decision. The Notice must include a copy of the decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the City Fee Schedule shall be paid when the appeal is filed.

1154.202 Appeal Hearing. The Zoning Administrator shall schedule an appeal hearing before the Board of Adjustments and Appeals within 45 days of receiving a Notice. The Zoning Administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by State statute or City Code, and any other interested parties as determined by the Zoning Administrator.

1154.203 Decision. At the hearing, the Board of Adjustments and Appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the Board of Adjustments and Appeals shall issue a decision on the appeal. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State statute and City Code and as determined appropriate by the Zoning Administrator.

1154.300: APPEAL FROM A DECISION OF THE PLANNING COMMISSION/BOARD OF ADJUSTMENT AND APPEALS.

1154.301 Anyone aggrieved (including but not limited to an applicant, affected property owner, or City staff member) by any rule, order, requirement, decision, or determination of the Planning Commission or the Board of Adjustments and Appeals may appeal to the City Council. The appeal shall be made by filing a notice of the appeal (“Notice”) with the Zoning Administrator within 5 business days of the date of the written decision. The Notice must include a copy of the

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decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the City Fee Schedule shall be paid when the appeal is filed.

1154.302 Appeal Hearing. The Zoning Administrator shall schedule an appeal hearing before the City Council within 45 days of receiving a Notice. The Zoning Administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by State Statute or City Code, and any other interested parties as determined by the Zoning Administrator.

1154.303 Decision. At the hearing, the City Council shall hear a report from staff, from the appellant and from any other parties the City Council determines appropriate to recognize. No new evidence or information will be permitted at an appeal hearing before the City Council. Within a reasonable time after a hearing, the City Council shall issue a decision on the appeal which decision shall affirm, reverse, or modify the decision that is being appealed. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State Statute and City Code and as determined appropriate by the Zoning Administrator.

1154.400: APPEAL FROM A DECISION OF THE CITY COUNCIL. Any person aggrieved by any rule, order, requirement, decision or determination of the City Council may appeal to court as provided for by law. The appeal shall be made within 30 calendar days of the date of the written decision.

1154.500: STANDARD OF REVIEW. The Planning Commission, Board of Adjustments and Appeals, and/or City Council shall only overturn or modify a decision that has been appealed if it determines that the decision was clearly erroneous and a mistake has been committed. The body considering the appeal shall not overturn or modify a decision that has been appealed simply because it would have made a different decision.

1154.600: EFFECT OF APPEAL. A final decision shall have immediate effect, however, any person taking action on that decision shall do so at their own risk and may be required to undo any action taken if the decision is overturned on appeal. Any party filing an appeal may request a stay of the final decision from the Zoning Administrator which shall be granted or denied in the Zoning Administrator’s sole discretion. If a stay is granted the final decision shall not take effect until the appeal is complete or until the Zoning Administrator lifts the stay.

SECTION 1155 ENFORCEMENT, PENALTY AND FEES SUBSECTIONS

1155.100: Enforcement and Penalty 1155.200: Fees

1155.100: ENFORCEMENT AND PENALTY. Page 224 of 255

1155.101 Misdemeanor. All persons shall comply with the provisions of the Zoning Code. Any person who fails to comply with any of the provisions of the Zoning Code or any rule, order, requirement, decision or determination made pursuant to the Zoning Code, shall be guilty of a misdemeanor. Each day that a violation occurs shall be considered a separate violation.

1155.102 Enforcement and Penalties. The City, in its sole discretion, may enforce any provision of the Zoning Code by fines; revocation/suspension of a permit, license or approval; mandamus; injunction; criminal prosecution; civil suit/penalties; or any other equitable or legal remedy available. Any costs incurred by the City in enforcing any provision of this Zoning Code shall constitute damages incurred by the City and may be recovered through a judicial proceeding or by assessing said damages against the property. Each day that a violation occurs shall be considered a separate violation.

1155.103 Mediation. The City may enter into mediation relating to enforcement of the Zoning Code, provided that mediation shall not be pursued where the issue involves a specific dimensional or performance requirement. Mediation may be pursued when the issue involves interpretation or application of the Zoning Code. Mediation shall not be substituted for a variance proceeding and the City shall not agree to be bound by the mediation process when the result would be an action inconsistent with the intent of the Zoning Code.

1155.200: FEES.

1155.201 Establishment of Fees. Each year the City Council establishes fees for the administration and enforcement of the provisions of the City Code and sets forth such fees in the Fee Schedule. All persons shall be required to pay such fees as required by the Fee Schedule at the time of application or appeal.

1155.202 Refund of Fees. If any application for a Conditional Use Permit, Variance, Appeal or Amendment to the Zoning Code, the Official Map or the Comprehensive Plan is withdrawn by the applicant prior to publication of notice for the public hearing, the applicant is entitled to a refund of 50% of the application fees paid to the City.

1155.203 Reimbursement for City Costs. The purpose of this subsection is to provide a procedure to reimburse the City for its costs of review, analysis, and evaluation of development proposals, conditional use permits, comprehensive plan amendments, zoning amendments and enforcement of the Zoning Code in cases where, due to the level of complexity of the application under consideration, excessive costs beyond those normally incurred by the City as a result of the administration of the Zoning Code are incurred. The excess costs result from problems presented in review, analysis, and evaluation which necessitate intensive investigation and research. The intent of this subsection is to ensure an adequate level of review of these cases and to ensure that the adverse effects of development on the City are minimized and that compliance with goals and objectives of the Comprehensive Plan and the Zoning Code is maintained.

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1155.204 Conditions Where Reimbursement is Authorized. The City may, in its sole discretion, require reimbursement of City costs under the following conditions:

(1) When the Zoning Administrator finds multiple Planning Commission and City Council meetings are required to review a particular item and additional staff time is expended subsequent to the initial meeting.

(2) When the Zoning Administrator finds it necessary to retain consultants and experts to review requests and advise relating to specific impacts of a proposal, including but not limited to impacts on traffic, utilities, drainage, and aesthetic or environmental characteristics of the community.

(3) When it is necessary for the City Attorney to review a proposal.

(4) When the Zoning Administrator finds that other extraordinary costs are incurred by the City as a result of the administration of the Zoning Code.

1155.205 Procedure for Reimbursement. The City shall notify the applicant at the earliest possible time that the City will incur additional costs and, if possible, provide the applicant with an estimate of the expected additional cost.

The applicant shall pay the estimated additional cost to the City by cash escrow, certified check, or bank money order. If the amount paid to the City initially is insufficient to cover all City costs, the additional amounts shall be billed to the applicant. Any money which has not been used to pay additional costs after the applicant's request has been processed shall be refunded to the applicant.

No Certificate of Occupancy for any project subject to this subsection shall be issued until all money owing to the City has been received. All costs billed under this subsection shall be based on the actual cost to the City of staff time, overhead, material costs, and actual billings from consultants, experts, and attorneys.

SECTION 1161 Building Permits and Certificates of Occupancy

SUBSECTIONS

1161.100: Building Permits 1161.200: Requirements for Certificates of Surveys as Part of the Building Permit Applications 1161.300: Certificate of Occupancy

1161.100: BUILDING PERMITS. No person shall construct, alter or expand a structure within the City of Prior Lake without first obtaining a building permit. No building permit shall be issued unless the building or structures and proposed use of the land comply with the requirements of the City Code. Page 226 of 255

1161.101 An application for a building permit shall be on a form provided by the City and shall be accompanied by the appropriate attachments including, but not limited to the following:

(1) A current survey of the property, unless exempted under this Section , and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the proposed size and location of the structures, bufferyards, parking areas, drainage, lighting, loading berths, and landscaping existing on the site or to be installed on the site.

(2) A statement of the proposed use of the structure and the land uses on all adjacent properties.

(3) Exterior elevations of the proposed structure which will adequately and accurately indicate the height, size, design and the appearance of all elevations of the proposed building and description of the construction and materials to be used therein.

(4) Any other information the Zoning Administrator may require to determine compliance with the provisions of this Ordinance.

1161.102 Future Decks. An application for a building permit for a new residential structure shall include the location of a future deck. This provision precludes the installation of second story doors, deck ledger boards, and so forth, on a structure that does not allow for a minimum ten (10) foot deep deck in addition to the minimum yard setback required in the use district or other applicable setbacks. If the location of a future deck addition is not shown on the building permit application, the property owner must sign a statement that a deck cannot be constructed in the future. This statement shall be recorded against the property at Scott County.

1161.103 The applicant shall be responsible for determining the following:

➢ Whether permits or approvals are required from any other governmental agency. ➢ Whether the property includes wetlands. ➢ Whether a structure will be built over an existing easement.

1161.200 REQUIREMENTS FOR CERTIFICATES OF SURVEYS AS PART OF THE BUILDING PERMIT APPLICATIONS. A certified lot survey with all improvements shown thereon, prepared by a registered land surveyor, is required as part of the building permit application for all new construction unless exempted by the provisions listed in this subsection.

1161.201 In the case of a replacement deck only, the property owner may, in lieu of the certificate of survey, provide clear field identification of the lot pins, and scale drawing of the lot accurately portraying all current construction on the property and showing all dimensions from the structures to the side, rear and front lot lines, provided that:

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(1) The replacement deck must be the exact width, depth and height of the existing structure;

(2) The location and size of the existing deck must be verified by City staff;

(3) The site plan must be accurate and specific to the satisfaction of City staff;

(4) The new deck must comply with all current Building Code requirements;

(5) The City may request a new certificate of survey be provided, if, in the City's discretion, it is considered desirable under the following circumstances:

a. The existing survey show proposed structures rather than existing structures.

b. The existing survey does not show all the structures on the property.

c. The topography or other physical characteristics of the site are such that the City cannot reasonably verify the location of the existing and/or proposed structures, even though the property pins have been located.

d. The existing survey does not identify the existing easements on the site.

e. A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, and/or ordinary high water level.

f. The City has reason to believe the conditions on the property may have changed since the date of the original survey.

g. The City believes the proposed project may create aesthetic issues which require additional information.

h. The City believes the proposed may impact adjacent property values in such a manner that additional information is required.

(6) Any subsequent addition to the replacement deck in width, depth, steps, roof or amenities may require that a certificate of survey be completed and submitted with that permit, unless exempted by the provisions listed in this Section.

1161.202 A new certificate of survey will not be required for additions to existing structures or new accessory structures on lots outside of the Shoreland and/or Floodplain district, subject to the following provisions:

(1) The existing survey must be signed by a registered land surveyor, and must depict the actual location of the existing structures on the lot.

(2) The City will require that property pins be located on the site so staff can verify the structure setbacks.

(3) The addition and/or new structures must be drawn on the survey to scale.

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(4) The proposed addition or structure does not exceed 480 square feet.

(5) The City may request a new certificate of survey be provided if, in the City's discretion, it is considered desirable under the following circumstances:

a. The existing survey shows proposed structures rather than existing structures.

b. The existing survey does not show all the structures on the property.

c. The topography or other physical characteristics of the site are such that the City cannot reasonably verify the location of the existing and/or proposed structures, even though the property pins have been located.

d. The existing survey does not identify the existing easements on the site.

e. A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, and/or ordinary high water level.

f. The City has reason to believe the conditions on the property may have changed since the date of the original survey.

g. The City believes the proposed project may create aesthetic issues which require additional information.

h. The City believes the proposed project may impact adjacent property values in such a manner that additional information is required.

1161.203 A new certificate of survey will not be required for new decks within the Shoreland and/or Floodplain Districts, subject to the following provisions:

(1) The existing survey must be signed by a registered land surveyor, and must depict the actual location of the existing structures on the lot.

(2) The City will require that property pins be located on the site so staff can verify the structure setbacks.

(3) The addition and/or new structures must be drawn on the survey to scale.

(4) The City may request a new certificate of survey be provided if, in the City's discretion, it is considered desirable under those circumstances set out in the subsection above.

1161.204 The City may waive the survey requirements for decks set forth above when, in the judgment of the Community Development Director and Building Official, the property owner provides reasonably reliable evidence of what the property owner believes are the property boundaries and meets the conditions and requirements below:

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(1) The deck must be drawn on a site plan to scale. The site plan must identify dimensions of both existing and new structures, and the distance from any lot lines.

(2) The property owner shall pay a fee for the staff review according to the adopted fee schedule.

1161.300 CERTIFICATE OF OCCUPANCY. No person shall use or occupy any land or building within the City of Prior Lake without first obtaining a Certificate of Occupancy.

1161.301 Uses Requiring Certificates of Occupancy. A Certificate of Occupancy is required to be obtained from the City for any of the following:

➢ The establishment of a new land use. ➢ A change or expansion of any existing land use. ➢ Any change in a non-conformity. ➢ The construction, alteration, or expansion of a building. ➢ Any change of ownership or occupancy as determined by the Building Code of an existing commercial or industrial building.

1161.302 Responsibility. Both the property owner and the lessee, shall be responsible for securing the Certificate of Occupancy required by this subsection.

1161.303 Application and Information Required. An application for a Certificate of Occupancy shall be on a form provided by the City and shall be accompanied by the appropriate attachments including, but not limited to the following:

(1) A current survey of the property, unless exempted under this Section, and/or a site plan drawn to a scale not to exceed 1 inch to 50 feet showing the proposed size and location of the structures, bufferyards, parking areas, drainage, lighting, loading berths, and landscaping existing on the site or to be installed on the site.

(2) A statement of the proposed use of the structure(s) and the land uses on all adjacent properties.

(3) Any other information the Zoning Administrator may require to determine compliance with the provisions of this Ordinance.

1161.304 Issuance of a Certificate of Occupancy. A Certificate of Occupancy shall be issued by the Zoning Administrator upon satisfactory completion of an application submitted on a form provided by the City if the Zoning Administrator determines that the use complies with all applicable sections of the Ordinance and approval of the building construction has been given by the Building Official. The City shall not issue the Certificate of Occupancy if the information provided by the applicant is insufficient to determine compliance with this Ordinance.

1161.305 Revocation of a Certificate of Occupancy. A false statement of any fact material to the decision whether to issue a Certificate of Occupancy made or contained in an application for a Certificate of Occupancy shall automatically void the Certificate. Whenever the City determines a false statement has been made, Page 230 of 255

the Zoning Administrator shall notify the holder of the Certificate in writing that it is void. Any person who occupies or uses the land or building 10 days after notice has been mailed that the Certificate previously issued is void, shall be guilty of a violation of this Ordinance unless that person applies for and secures a new Certificate based upon a true statement of fact.

Section 10. City Code Section 1113 “Signage for Facilities of Regional Significance” is deleted in its entirety and replaced with new Section 1147 “Signs” to read as follows:

SECTION 1147 SIGNS

SUBSECTIONS

1147.100: Findings, Purpose, and Intent 1147.200: Definitions 1147.300: Exempt Signs 1147.400: Allowed Signs; No Permit Required 1147.500: Allowed Signs; Permit Required 1147.600: Wall Signs; Permit Required 1147.700: Freestanding Signs; Permit Required 1147.800: Annual Signs; Permit Required 1147.900: Temporary Signs; Permit Required 1147.1000: Prohibited Signs 1147.1100: Calculating Sign Area 1147.1200: General Sign Regulations 1147.1300: Sign Permit Requirements 1147.1400: Sign Plan Requirements 1147.1500: Maintenance 1147.1600: Lapse of Sign Permit 1147.1700: Removal of Signs

1147.100: SIGNAGE. FINDINGS, PURPOSE, AND INTENT.

Findings. The size, height, location, illumination, distance between, and proliferation of signs in the City raise constitutional and regulatory challenges for the City. Signs are one means used to communicate non-commercial and commercial speech and messages, and therefore are protected under the First and Fourteenth Amendments to the U.S. Constitution. However, the size, height, location, illumination, and distance between signs creates hazards by distracting drivers’ attention from the road; and can be an eyesore and impact aesthetics, property values, and civic pride.

The City Council finds that it has a legitimate and substantial interest to preserve and protect the public welfare and safety and preserve the aesthetic qualities and characteristics in and of the City. This Section is intended to protect the City and its residents. Page 231 of 255

The City Council finds it has legitimate and substantial interest in promoting and protecting the public welfare, and safety of residents and maintaining and enhancing the aesthetic integrity of the City. While the City believes its interests in regulating signs are substantial, it also believes the First Amendment is one of the cornerstones in a vital and relevant democracy and that they have sworn an oath to defend, protect and preserve the First Amendment of the United States.

The provisions of this Section are intended to: (1) Advance the City’s interests articulated herein, and (2) “Is not more extensive than is necessary to serve those interests.” The individual provisions are content-neutral and do not favor commercial speech over non-commercial.

The City Council finds that the regulations in this Section vary depending on the Zoning District where the subject sign will be located. The City Council finds that the essential characteristics and activities are different among the Town Center, Commercial, Industrial and Residential Zoning Districts. There are substantial differences between a private residence in the Residential Zoning District and a manufacturing facility in the Industrial Zoning District and these differences support the varying regulations between Zoning Districts.

The City Council finds that the regulation of signs imposed in this Section were evaluated to ensure that alternative means, methods, and forums of communication exist to communicate speakers’ message foreclosed by these sign regulations. These regulations are necessary to achieve the City’s legitimate and substantial interests. Without these regulations the City will be unable to protect and preserve the public health, welfare, safety, and aesthetic qualities in and of the City.

Purpose. The purposes of these sign regulations are to further promote and protect the following substantial government interests: 1) the effective use of signs as a means of promotion and communication in Prior Lake; 2) the aesthetic environment and the City's ability to attract sources of economic development and growth; 3) pedestrian and traffic safety; 4) potential for the adverse effect of signs on nearby public and private property; 5) fair and consistent means to enforce these sign restrictions; 6) the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, general welfare, and property values; and 7) assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs.

The City Council finds that these sign regulations do not deny a business or other entity a reasonable degree of freedom of choice in the design and placement of signage while at the same time assuring the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs.

1147.200: SIGN DEFINITIONS. Whenever the following words or terms are used in the Section, whether or not capitalized, they shall have such meanings herein ascribed to them, unless the term is defined more specifically in an applicable Section or unless the context makes such meaning repugnant thereto: Page 232 of 255

Address Sign. An on-premises sign giving the name and/or address of the building or premises which is compliant with City addressing requirements.

Athletic Field Sign. Any advertising sign located on the interior-facing of athletic field fences or scoreboard of a City athletic field in accordance with City policy.

Awning. A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Awning Sign. Any sign painted on, attached to, or applied to, an awning.

Balloon Sign. A temporary sign which is printed, painted, or secured to a balloon which may be secured to a permanent structure or the ground or attached to a rope, chain, string or other device, allowing it to move about within the atmosphere.

Banner Sign. Any temporary on-premises, sign possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or lightweight fabric of any kind, which is anchored on two (2) or more edges or at all four (4) corners, to advertise products, goods and/or services sold or provided on the property or a special event, which is hung either with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Beacon. a guiding or warning signal, as a light or fire, especially one in an elevated position.

Bench Sign. A sign attached to or painted on a bench for seating.

Billboard Sign. An off-premises poster panel board, painted bulletin board or other communicative device which is used to advertise products, goods and/or services, any part of which are not sold, produced, assembled, manufactured, furnished, or otherwise related to activities conducted on the property where the sign is located.

Building Façade. Any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. The area of a building façade is measured as follows: height (a single straight line parallel, or essentially parallel, with the side of the building from grade to the top of the parapet wall or eaves – a building may have multiple heights) multiplied by length (a single straight line parallel, or essentially parallel, with the side of the building from one corner to the next corner).

Building Façade, Front. The side(s) of the building which contain the primary public entrance(s). A building may have more than one front building façade.

Building Marker. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone,

Page 233 of 255 concrete, or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

Business. Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.

Canopy. A freestanding or attached, open-air structure constructed for the purpose of shielding service stations from the elements.

Canopy Sign. Any sign that is part of, or attached to, the vertical sides of a canopy.

Changeable Copy Sign. A sign or portion thereof on which the copy or symbols change manually through placement of letters or symbols on a panel mounted in or on a track system. The two (2) types of changeable-copy signs are manual changeable copy signs and electronic changeable copy signs, which include: message center signs and digital displays.

Clearance. The distance above the walkway, or other surface if specified, to the bottom edge of a sign. This term can also refer to a horizontal distance between two (2) objects.

Community Event Permit Sign. A sign related to an activity or event permitted pursuant to a Community Event Permit. The temporary sign may only be displayed in location of the Community Event for fourteen (14) days prior to, and the duration of a specific event.

Construction Sign. A temporary sign giving the project name, name(s) of principal contractors, architects, and lending institutions responsible for construction on the property where the sign is placed.

Copy and Graphic. The wording and other display messages such as logos or symbols on a sign.

Development Sign. A temporary sign located on the site of a new development listing owners, developers, development name, builders together with other sales related information.

Digital Display. The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.

Eave. The edge of a roof, usually projecting beyond the walls, the height of which edge is measured from the lowest point thereof to grade.

Election Sign. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election.

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Electronic Message Sign. Also referred to as a Dynamic Display Sign, an Electronic Message sign is a sign which shows messages and graphics that are changed by electrical pulsations. This also includes, but it not limited to, any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporated rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to present a series of images or displays.

Employment Opportunity Sign. A temporary sign indicating employment opportunities.

Foot candle. A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter or light meter.

Franchise Architecture. Any franchise color schemes or other designs, symbols, or features intended to attract the attention of the public and reinforce the corporate or distinct image of a given business.

Freestanding Sign. An on-premises sign supported by structures or supports that are placed on, or anchored in, the ground and that are detached from any building or other structure.

Government/Regulatory Sign. A sign that has been erected on behalf of a governmental body for the purpose of posting legal notices, identifying public property and conveying public information; including but not limited to directional signs, regulatory signs, warning signs, and informational signs.

Home Occupation Sign. A sign that advertises or describes products, goods or services at a private residential location.

Illumination. A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.

Illumination, External. Artificial light located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.

Illumination, Internal. A light source that is concealed or contained within the side and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this ordinance.

Incidental Sign. An on-premises sign, not exceeding six (6) square feet in size and no more than four (4) feet in height above the natural grade of the ground directly below, that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street such as “no parking”, “entrance”, “loading only” and other similar directives. No sign with a commercial message shall be considered incidental.

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Incidental Window Sign. Signs displayed in the window displaying information such as the business’ hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message.

Inflatable Sign. A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.

Luminance. An objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft2)

Marquee. A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.

Marquee Sign. Any sign attached to or made a part of a marquee.

Menu Board. A sign that indicates selections available at businesses that serve customers via automobiles, such as a fast food establishment with a drive-thru facility.

Multi-Business Building. A building located on one tract which is occupied by multiple businesses.

Multi-Business Building Sign. A type of wall sign used to identify individual businesses within a multi-use building.

Non-Commercial On-Premises Sign. A sign displayed by the owner of property or tenant used to communicate, express, convey or depict a message or viewpoint held by the owner of the property or a tenant.

No Trespass Sign. A sign which is intended to notify the public that entry onto a person’s private land or property is prohibited without the property owner’s permission.

Off-Premises Sign. A sign whose message and design relate to an individual business, profession, service, event, point of view, or other commercial or non- commercial activity sold, offered, or conducted on a property other than the property on which the sign is located.

Off-Premises Identification Sign. A permanent identification sign used to identify the location of a business park or industrial park along a designated county or state highway and may also include identification of individual businesses located within said business park or industrial park.

Off-Premises Regional Directional Sign. A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to a Facility of Regional Significance which is not located on the premises on which the sign is located. A billboard sign is not an off-premises regional directional sign. A Facility of

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Regional Significance is a facility that has directional signage on an interstate or state highway; generates 2,500 vehicle trips per day; is located on land owned by a governmental unit other than public right-of-way; and is located within the City of Prior Lake corporate limits.

On-Premises Sign. A sign whose message and design relate to an individual business, profession, service, event, point of view, or other commercial or non- commercial activity sold, offered, or conducted on the same property where the sign is located.

Parapet. An architecturally, structurally, and aesthetically integral low, protective wall or railing extending above the roof, balcony, or similar structure.

Place of Assembly Sign. An on-premises sign which identifies the name and other characteristics of a place of assembly. For purposes of this Sign Section, place of assembly includes schools.

Portable Sign. Any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. A sandwich board sign is not a “portable sign” for the purpose of this Section. A vehicular sign is not a “portable sign” for the purpose of this Section.

Projecting Sign. A building mounted, double sided sign with the two (2) faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee.

Pylon Sign. A freestanding sign erected upon a single post or posts or shafts that converge at a common base with the posts not more than 15 feet apart, with the display portion mounted on the top thereof.

Real Estate Sign. A temporary sign erected on private property for purposes of advertising the sale or lease of a particular building and/or property.

Residential Name Plate Sign. A sign located on a residential premises, giving only the name and/or address of the premises.

Roof Sign. A sign erected upon, against, or above a roof or parapet of a building or above the eaves in the case of a hip, gable, or mansard roof.

Rotating Sign. A sign which revolves or rotates in a circular motion on its axis by mechanical means.

Sandwich Board Sign. A sign that is freestanding, portable, and temporary consisting of two (2) faces connected and hinged at the top that does not require staking into the ground and whose message is targeted to pedestrians.

Seasonal Sign. A temporary on-premises sign limited in duration of time and placed on a premises for a specific purpose that is not part of a business’ ongoing activity. Seasonal signs include but are not limited to holiday tree and wreath “For Sale” signs, farmers’ market signs, similar seasonally oriented sales,

Page 237 of 255 and signs advertising temporary agricultural commodity sales and transient merchants.

Sign. Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message.

Sign Area. The total dimensions of a sign surface used to display copy and graphics including information, messages, advertising, logos, or symbols.

Sign Face. The part of the sign that is or can be used for the sign area. The sign areas could be smaller than the sign face.

Sign Height. The distance between the uppermost portion of the sign and the average natural grade of the ground directly below.

Snipe Sign. A sign of any material whatsoever that is placed, located, painted or attached, in any manner on any public property or in the public right-of-way, or on any private property without the permission of the property owner.

Special Event. An event by a civic organization, nonprofit organization, educational organization or governmental entity such as a local fundraiser, festival, bazaar, tournament or similar event.

Special Event Sign. A temporary sign, such as a banner, sandwich board sign, or window sign, used to promote or identify a special event.

Streamer/Pennant Sign/Feather Flag. Any lightweight plastic, fabric or other material, suspended from a rope, wire, or string, or other material, usually in series, designed to move in the wind or any sign constructed of a vertical pole, tube or post supporting one edge of a sheet of cloth, vinyl or similar material.

Street Banner. A temporary banner sign which is stretched across and hung over a public right-of-way which advertises public entertainment or a public event.

Street Frontage. The side(s) of a tract abutting a private or public street or separated from a private or public street only by a frontage road.

Strings of Lights. Lights strung by wire, cord, or similar means.

Subdivision Identification Sign. An on-premises freestanding sign used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park.

Temporary Sign. A sign that is erected or displayed for a specified period of time and not permanently mounted.

Tract. A parcel of land that is separately identified with its own property identification number with Scott County.

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Vehicular Sign. Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved for a period of 48 hours or more and the use of vehicles and/or trailers designed for and/or utilized exclusively for the purpose of mobile advertising upon public streets or other right-of-way.

Video Display Sign. A sign capable of displaying full-motion imagery of television quality or higher. Video display signs shall include images or messages projected onto buildings or other objects.

Wall Sign. A building mounted sign which is either attached to or displayed on an exterior wall in a manner parallel with the wall surface, or which projects less than 15 inches from the surface at all points of the building or structure, and which displays only one (1) sign surface.

Wall Sign, Painted. A sign which has been painted directly onto a building wall, using the wall material as a base of the sign, whose message and design reflects an individual business, profession, service, event, or other commercial activity sold, offered, or conducted on the same property where the sign is located.

Wetland Buffer Sign. A City-approved sign that defines the buffer area boundary around a delineated wetland.

Window Sign. Any sign, picture, symbol, or combination thereof, affixed to the inside of a window and visible from the outside of the premises directed to pedestrian and vehicular traffic. A window sign is used to communicate information about an activity, business, commodity, event, sale, or service.

Works of Art. Artistic expressions, aesthetic treatments, and designs that do not include a commercial message such as the City logo, "Centennial" emblem, holiday lights, and decorations with no commercial message.

Yard Sale Sign. A temporary sign display advertising the on-premises sale of personal property, by an occupant, including general household rummage, used clothing and appliances, provided the exchange or sale of merchandise is conducted on the property or within the residence or an accessory structure on the property.

1147.300: EXEMPT SIGNS. In addition to signs exempted from regulation by State or Federal law, the following signs shall be exempt from regulation under this Section:

➢ Incidental Signs ➢ Incidental Window Signs ➢ Government/Regulatory Signs ➢ Works of Art ➢ Athletic Field Signs

1147.400: ALLOWED SIGNS; NO SIGN PERMIT REQUIRED.

➢ Each property may have each of the signs identified in this subsection.

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➢ The signs in this subsection shall be allowed in the Zoning Districts identified for each sign type. If no Zoning Districts are identified, the signs are allowed in every Zoning District. ➢ The signs in this subsection do not require sign permits. ➢ The signs in this subsection do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. ➢ A brief description of the signs and display guidelines follow including regulations related to sign number, size, area and location:

1147.401 Address Signs. One (1) address sign per address located on a home or business allowed near the front entrance which shall not exceed two (2) square feet in area.

1147.402 Building Markers. One (1) building marker sign per building not to exceed four (4) square feet is allowed.

1147.403 Community Event Permit Signs. Two (2) community event permit signs are allowed on the property where the community event is to be located subject to the issuance of a Community Event Permit. The signage may be utilized for fourteen (14) days prior to, and the duration of a specified event. The Community Event Permit holder shall be responsible for the removal of all signage at the conclusion of the event. All signs are to be positioned to limit their exposure to residential areas.

1147.404 Construction Signs. One (1) sign shall be allowed upon each property during construction, in addition to any development signs on site. The sign shall only be allowed after a building permit has been issued and shall be removed before the building or any part thereof is occupied. Sites of more than ten (10) acres are allowed up to three (3) signs so long as the total sign area does not exceed 100 square feet. All signage shall maintain a ten (10) foot setback from property lines and a minimum of 50 feet from any existing or to be occupied dwelling. Each sign shall not exceed the following size limitations:

Project Area Sign Size Limit 10 acres or less 32 square feet 10.01 acres or more 100 square feet

1147.405 Development Signs.

1) Residential. One (1) sign per entrance shall be allowed for each subdivision in any residential Zoning District (including multiple family dwellings) under the following conditions: a) The sign shall only be allowed for a residential subdivision after a final plat has been filed; b) The sign shall not exceed 50 square feet in area. c) The sign shall be located a minimum of 50 feet from any existing or to be occupied dwelling unit; d) The sign shall be removed upon the earlier of 80% completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project; and

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e) Where more than one (1) builder is involved in a residential subdivision, there still shall be only one (1) sign per entrance as described above, which may list the builders for the subdivision.

2) Commercial and Industrial. One (1) sign per entrance shall be allowed in any commercial or industrial zoning district under the following conditions: a) The sign shall only be allowed after the final plat has been filed; b) The sign shall not exceed 50 square feet in area; c) The sign shall not be located upon a developed lot; and d) The sign shall be removed upon completion of construction, or the occupancy of the building, whichever occurs first.

1147.406 Election Signs. Any Election signs pertinent to Minnesota Statute 211B.045 shall be allowed on private property with the express consent of the owner or occupant of such property. In a State general election year, such signs may not be posted more than 46 days before the date of the election and must be removed by those responsible for the erection of the sign or the property owner within ten (10) days following the State general election. Such signs shall be located at least five (5) feet from all property lines.

Election signs for elections held at other times than a State general election year shall be located on private property and at least five (5) feet from all property lines.

1147.407 Employment Opportunity Signs. One (1) on-premises sign per business denoting employment opportunities shall be allowed on a private property in the Town Center, Commercial or Industrial Zoning Districts with the express consent of the property owner or occupant. Such signs shall not exceed 32 square feet and shall be located on the private property where the employment opportunity exists.

1147.408 No Trespass Signs. "No trespass" and "No dumping" signs not exceeding two (2) square feet in area per side and not exceeding four (4) in number, per property, are allowed in the Residential, Town Center, Commercial and Industrial Zoning Districts. In the Agricultural Zoning District, such signs shall not be less than 300 feet apart.

1147.409 Non-Commercial On-Premises Signs. One (1) non-commercial on-premises sign per property may be placed on private property by the owner of the property or by the tenant. The sign shall be setback five (5) feet from the property line and not exceed 12 square feet in size.

1147.410 Real Estate Signs. One (1) real estate sign may be placed per street frontage and one (1) sign per lake frontage on property to be sold or leased. Such signs shall be set back from the property line or right-of-way (whichever is greater), no less than one (1) foot per one (1) foot of sign height. Placement of real estate signs shall have the express consent of the owner or occupant of the property. Such signs shall be removed within ten (10) days following the closing of the lease or sale. The area of any such sign shall not exceed the following:

Parcel Area Sign Size Limit

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1 acre or less 10 square feet 1.01 acre or more 32 square feet

1147.411 Residential Nameplate Signs. One (1) nameplate sign, up to two (2) square feet in area per surface with a maximum of two (2) surfaces shall be allowed for single-family residences. In the R-2 and R-3 Zoning Districts, one (1) nameplate sign for each dwelling group of six (6) or more units is allowed. Such nameplate sign shall not exceed six (6) square feet in area per surface, and no sign shall have more than two (2) surfaces.

1147.412 Seasonal Signs. A maximum of 32 square feet of on-premises temporary signage is allowed per organization for the duration of the sales event.

1147.413 Strings of Lights. Lights strung by wire, cord or similar means, other than temporary holiday lighting, shall only be allowed in the Town Center, Commercial and Industrial Zoning Districts. Such lighting is limited to pedestrian areas including plazas, patios, landscape features and primary entries into buildings. No such illumination is allowed in any required setback. No flashing or blinking lights shall be allowed.

1147.414 Wetland Buffer Signs. Wetland buffer signs shall not be removed without the written consent of the regulating agency responsible for their installation.

1147.415 Window Signs. A business may display one (1) or more window signs, provided the total window sign area does not exceed more than 75% of the total window area.

1147.416 Yard Sale Signs. Two (2) on-premises yard sale signs are allowed and may be displayed seven (7) days prior to the sale and must be removed immediately after the end of the yard sale. Yard sale signs shall only be placed on private property.

1147.500: ALLOWED SIGNS; PERMIT REQUIRED.

➢ Each property may have each of the signs identified in this subsection. ➢ The signs in this subsection shall be allowed in the Zoning Districts identified for each sign type. If no Zoning Districts are identified, the signs are allowed in every Zoning District. ➢ The signs in this subsection require sign permits. ➢ The signs in this subsection do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. ➢ A brief description of the signs and display guidelines follow including regulations related to sign number, size, area and location:

1147.501 Canopy Signs. Two (2) canopy signs, in addition to those otherwise permitted on the principal structure, are allowed per property. Canopy signs shall not exceed ten (10) feet in length or 20 square feet each and shall not be placed on the same side of the canopy. Lettering on the signs shall not exceed two (2) feet in height or the average height of the letters on the sign attached to the principal structure, whichever is less. Canopy signs shall be placed in a manner that will allow a six (6) inch minimum border between the top, bottom, and sides of a Page 242 of 255

canopy face. The sign area is determined by measuring the text only. Stripes or colors do not contribute to the sign area computation.

1147.502 Menu Board Signs. Properties in the Town Center and Commercial Zoning Districts with a restaurant providing drive-up window service shall be allowed one (1) menu board per drive-through lane up to a maximum two (2) menu boards. When one (1) menu board exists for a drive-through, the menu board shall not exceed 50 square feet in area. If more than one (1) menu board exists, each menu board shall not exceed 36 square feet in area and may be in addition to any other signs permitted by this Section. The menu board shall be single-sided and oriented in such a manner so that the signs provide information to the patrons using the drive-through lane only, and do not provide supplemental advertising to pass-by traffic. The menu board signage shall be completely enclosed within one (1) sign area. Order confirmation signage no greater than one (1) square foot and incorporated into the drive-through speaker pedestal shall not be calculated as part of the menu board signage area. Order confirmation signage greater than one (1) square foot shall be incorporated into the menu board and calculated as part of said board’s sign area. The applicant shall demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement.

1147.503 Off-Premises Regional Directional Signs. One (1) off-premises regional directional sign is permitted within a two (2) mile radius of the property on which the Facility of Regional Significance is located. Signage shall be erected on property located in a Commercial Zoning District. Signage shall not exceed 20 feet in height and 144 square feet in area per side with a minimum of four (4) sides. Signage may be internally illuminated. External illumination directed away from the sign face or into the air (e.g. spot lights, light beams, etc.) is prohibited. Reflected glare or spill light from the sign shall not exceed five tenths (0.5) footcandle when the source abuts any residential parcel or one (1.0) footcandle at any public right-of-way measured at one (1) foot above the ground. Off- premise regional directional shall be located at least 40 feet from another permanent sign allowed by this Section. 1147.504 Off-Premises Identification Signs. Off-premises identification signs shall be permitted in the C-3, and I-1 Zoning Districts provided the requirements set out in this subsection are met.

1) No more than two (2) off-premises identification signs shall be permitted for each business park or industrial park. Business and industrial parks are those properties that have been platted and developed as a business or industrial park as determined by the Zoning Administrator. Off-premises identification signs shall have a minimum separation of five hundred (500) lineal feet from any other off-premises identification sign on the same side of the right-of-way.

2) The sign shall be located only on a property which is part of the business park or industrial park with written permission of the property owner. The sign may be located on a property abutting the business park or industrial park only with written permission of the property owner and written approval of the Zoning Administrator. Page 243 of 255

3) The sign shall be allowed only on property abutting county or state highways.

4) The sign shall be constructed as a freestanding block-type sign structure where the base of the sign structure is in contact with the ground, or a maximum of 12 inches above the ground adjacent to the sign, where the width of the base of the sign shall be at least eighty (80) percent of the width of the sign.

5) Pylon Signs shall not be permitted.

6) The sign may only contain identification of the business park or industrial park and/or identification of the businesses located within the business or industrial park. A minimum of thirty (30) percent of the sign area shall be dedicated to identifying the business or industrial park. No more than seventy (70) percent of the monument sign area shall be dedicated to identification of businesses located within the business park or industrial park. A signage plan and agreement, subject to the approval of the City of Prior Lake, shall be entered into and recorded against the property on which the sign will be located in the business or industrial park. The agreement shall detail: 1) how the monument sign area will be allocated to all property owners within the business park or industrial park; and 2) how the monument sign area will be maintained.

7) The sign shall not exceed one-hundred fifty (150) square feet in total area. Maximum allowable signage shall be computed on the basis of one (1) side of any double-faced sign. The sign shall not exceed fifteen (15) feet in height. Sign height shall be measured from ground grade elevation to the highest point of said sign. The sign shall have a minimum separation of two hundred (200) lineal feet from any Freestanding Signs on the same side of the right-of- way. The sign shall be set back from all street right-of-way lines a minimum of twenty (20) feet and shall be set back from all property lines a minimum of ten (10) feet. 1147.505 Subdivision Identification Signs. Subdivision identification signs are freestanding, on-premises, permanent signs permitted in the Town Center, Commercial, Industrial, and Residential Zoning Districts and used to identify a residential subdivision, a Planned Unit Development, a commercial development, business center, or industrial park.

1) Residential Districts. Freestanding signs indicating the name of a residential subdivision or Planned Unit Development neighborhood with a residential component are permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of two (2) signs, not to exceed 50 square feet of sign area per side with a maximum of two (2) sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten (10) feet above the natural grade.

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2) Commercial and Industrial Districts. Freestanding signs indicating the name of a business center shall be permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of two (2) signs, not to exceed 50 square feet of sign area per side with a maximum of two (2) sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten (10) feet above the natural grade.

In the Town Center, and Commercial and Industrial subdivisions with street frontage along TH13, CSAH 42, and CSAH 21, one (1) freestanding subdivision sign may be located along the street frontage of TH13, CSAH 42, or CSAH 21. In the Town Center, Town Center-Transitional, C-1, C-2, and I-1 districts, the maximum height of the sign shall be 20 feet above the natural grade. In the C-3 district, the maximum height of the sign shall be ten (10) feet above the natural grade. In the Town Center, Town Center-Transitional, C-1, C-2, and I-1 districts, this sign shall not exceed 100 square feet in area per side with a maximum of two (2) sides. In the C-3 district, the sign shall not exceed 80 square feet per side, with a maximum of two (2) sides. Freestanding subdivision signs permitted under this subsection must also be located at least 40 feet from any other freestanding sign.

3) Setbacks. Subdivision identification signs must be located at least ten (10) feet from any property line, regardless of the Zoning District. The sign may not be located in a manner that violates the traffic visibility regulations in the Zoning Code.

1147.600: WALL SIGNS; PERMIT REQUIRED.

➢ The signs in this subsection require sign permits. ➢ Except for multi-business buildings which are regulated below, each building in the Town Center, Commercial, and Industrial Zoning District may contain one or more wall signs provided the combined total size of such permanent wall signs do not exceed 20 percent of the area of the front building façade or 200 square feet, whichever is less. If one building is located on multiple tracts, the length of the front building façade shall be measured from property line to property line parallel to the front building façade. ➢ Each property in the Residential and Agricultural Zoning Districts may have either one (1) Home Occupation Sign or one (1) Place of Assembly Sign. ➢ No wall sign shall project from the building more than 15 inches, except for marquee and projecting signs as allowed below. ➢ If there is any direct contradiction between these provisions and a specific type of wall sign the more specific regulation applies. ➢ A brief description of the wall sign options and related display guidelines follow including regulations related to sign size, area, and location.

1147.601 Awning Signs. Signs consisting of letters and/or an identification emblem, insignia, initial, or other similar design may be painted or imprinted on an awning, provided the total sign area does not exceed 30% of the awning surface. The bottom of an awning sign shall be no less than nine (9) feet above the sidewalk or above the center line grade of the adjacent street, whichever is higher, at any point. Page 245 of 255

1147.602 Changeable Copy Signs. Changeable copy signs are allowed.

1147.603 Home Occupation Signs. Signs shall be allowed for the purpose of identifying a home occupation business. Said sign shall be non-illuminated, shall be limited to one (1) sign per residential property, shall be attached to the wall of a dwelling, attached garage or detached accessory structure and shall not exceed two (2) square feet.

1147.604 Marquee Signs. Signs may be placed on the vertical face of a marquee and may project from the lower edge of the marquee not more than 24 inches. The bottom of a sign placed on a marquee shall be no less than nine (9) feet above the sidewalk or above the center line grade of the adjacent street, whichever is higher, at any point. No part of the sign shall extend more than five (5) feet above the roof line. Signs shall not be permitted on a marquee which projects over any public right of way, with the exception of Town Center Zoning District.

1147.605 Multi-Business Building Signs. A multi-business building is allowed each of the following if applicable:

(1) Each multi-business building is allowed one (1) wall sign per business which has an exclusive exterior customer entrance. The sign may not exceed ten (10) percent of the portion of the front building façade abutting the business’s area and shall be located on the same building façade as and within ten (10) feet of the business’s exclusive exterior customer entrance. The total combined size of such permanent wall signs shall not exceed 20% of the area of the front building façade on which the signs are located.

(2) Each multi-business building is allowed one (1) wall sign to identify any businesses in the building which do not have exclusive exterior customer entrances. The sign shall not exceed 32 square feet in area and shall be located on the same building façade as and within ten (10) feet of the common public entrance which provides access to the businesses.

(3) If a multi-business building has street frontage on a major collector, minor arterial or principal arterial street and the street frontage is not a front building façade, the multi-business building may contain one (1) or more wall signs identifying businesses which have an exclusive exterior customer entrance on the building façade with street frontage provided the combined total size of such permanent wall signs do not exceed ten (10) percent of the area of the building façade with street frontage or 200 square feet, whichever is less.

1147.606 Place of Assembly Signs. Total sign area may not exceed 75 square feet. Internally or externally illuminated signs are permitted if the sign is located so it faces an arterial road or collector street as identified in the Comprehensive Land Use Plan. Reflected glare or spill light from the sign shall not exceed five tenths (0.5) footcandle when the source abuts any residential parcel or one (1.0) footcandle at any public right-of-way measured at one (1) foot above the ground. Freestanding signs located in a Residential Zoning District may be no higher than ten (10) feet above the adjacent grade or center line grade of the adjacent street, whichever is higher.

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1147.607 Projecting Signs. Projecting signs located over public right of way shall be located a minimum of nine (9) feet above the natural grade level. The maximum size of a projecting sign is limited to twenty (20) square feet in area. Projecting signs and any support mechanism of the sign shall not project more than five (5) feet out from the face of the building provided they do not infringe on the public right-of-way. No projecting sign shall be located within ten (10) feet of another projecting sign. Projecting signs may contain two (2) back to back sign faces provided that such faces may not be more than 24 inches apart and that the maximum angle permitted between faces is 10 degrees.

1147.700: FREESTANDING SIGNS; PERMIT REQUIRED.

➢ The signs in this subsection require sign permits. ➢ Each property in the Town Center, Commercial, and Industrial Zoning Districts may have one (1) freestanding sign per street frontage up to a maximum of two (2) freestanding signs per property. ➢ In the Town Center, C-1, C-2, and I-1 Zoning Districts, the maximum height of the sign shall be 20 feet with a maximum size of 100 square feet per side. ➢ In the C-3 Zoning District, the maximum height of the sign shall be ten (10) feet with a maximum size of 80 square feet per side with a maximum of two (2) sides. ➢ Freestanding signs may contain two (2) back to back sign faces provided that such faces may not be more than 24 inches apart and that the maximum angle permitted between faces is 10 degrees. ➢ Each property in the Residential and Agricultural Zoning Districts may have one (1) Place of Assembly Sign. ➢ No freestanding sign shall extend beyond a property line, or right-of-way line or be located closer than 40 feet to another freestanding sign. ➢ Freestanding signs must be set back at least ten (10) feet from the property line, or right-of-way line, whichever is greater, with the exception of Town Center District where a freestanding sign may have a zero setback (setback measurement will be from the part of the sign closest to the property or right- of-way line). ➢ If there is any direct contradiction between this provision and a specific type of freestanding sign the more specific regulation applies. ➢ A brief description of the freestanding sign options and related display guidelines follow including regulations related to sign size, area, and location:

1147.701 Changeable Copy Signs. Changeable copy signs are allowed.

1147.702 Electronic Message Signs (Dynamic Display Sign). One (1) electronic message sign may be permitted per property. The following standards shall apply to image duration, transition, and other characteristics of signs with dynamic display. 1) Electronic message signs shall not exceed 50% of the sign area for any one (1) sign, and shall not exceed more than 30% of the total area for all signs permitted on a property. 2) Business and Government/Regulatory signs with dynamic display may either have stable text and/or stable images, or they may have scrolling text and/or scrolling images. Signs with dynamic display which contain Page 247 of 255

stable text and/or stable images may not change their text or image more than once every eight (8) seconds, except one for which changes are necessary to correct hour- and-minute, date, or temperature information. Time, date, or temperature information is considered one (1) dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. Signs with dynamic display which contain scrolling text and/or scrolling images may not scroll at a rate faster than one (1) word per second, where words contain an average of five (5) characters each. 3) For stable text and/or stable images, the transition from one (1) static display to another must be direct and immediate without any special effects. Electronic message signs shall not emit sound. 4) Modes which cause the message or images to flash are prohibited. 5) Illumination and brightness. Signs with dynamic display shall be limited to 500 NITS from sunset to sunrise. These signs shall be limited to 7500 NITS from sunrise to sunset. Additionally, the sign shall not exceed a maximum illumination of three tenths (0.3) footcandles above ambient light level as measured from one hundred (100) feet from the sign’s face. All signs with dynamic display having illumination by means other than natural light must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign’s brightness to comply with this requirement. 6) No sign with dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, signal or the safety of the public, or located where it would do so as determined by the City Engineer. If there is a violation of the brightness standards, the adjustment must be made within one (1) business day upon notice of non-compliance from the city. 7) Malfunction. Signs with dynamic display must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Signs with dynamic display must also be equipped with a means to immediately discontinue the display if the sign malfunctions. The sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this ordinance or when owner or operator has notice of the malfunction.

1147.703 Place of Assembly Signs. Total sign area may not exceed 75 square feet. Internally or externally illuminated signs are permitted if the sign is located so it faces an arterial road or collector street as identified in the Comprehensive Land Use Plan. Reflected glare or spill light from the sign shall not exceed five tenths (0.5) footcandle when the source abuts any residential parcel or one (1.0) footcandle at any public right-of-way measured at one (1) foot above the ground. Place of Assembly signs located in a Residential Zoning District may be no higher than ten (10) feet above the adjacent grade or center line grade of the adjacent street, whichever is higher.

1147.704 Pylon Signs. Pylon signs are allowed.

1147.800: ANNUAL SIGNS; PERMIT REQUIRED. Page 248 of 255

➢ Each property in the Town Center, Commercial, and Industrial Zoning Districts may, by permit, have each sign identified in this subsection. ➢ The signs in this subsection require annual sign permits. ➢ The signs in this subsection do not count toward the sign limits for wall signs, freestanding signs or temporary signs below. ➢ A brief description of the signs and display guidelines follow including regulations related to sign number, size, area and location:

1147.801 Banner Signs. One (1) banner sign is allowed in the Town Center, and Commercial or Industrial Zoning Districts and for Places of Assembly, schools, and marinas located in a Residential Zoning District. Banner signs are allowed by permit and subject to the requirements of this subsection. 1) One (1) banner sign may be displayed per property. 2) The total area of the banner sign shall not exceed 32 square feet, regardless of the size of the building. 3) An annual banner sign permit shall be issued for one (1) specified location on the exterior of the principal building, which shall be designated at the time of sign permit issuance. 4) Banner signs may be used for advertising an occasion relating to the goods or services sold or provided on the property or to inform the public of an upcoming special event. Banner signs may be used for grand openings, short term specials, sales events, or special events that are limited in duration or similar event approved by the Zoning Administrator. 5) Banner signs shall not be used in place of permanent signage. 6) The owner of a building occupied by multiple tenants is responsible for designating the manner in which the tenants will rotate use of the banner. 7) The Zoning Administrator shall have full discretion to permit the banner to be firmly affixed to a permanent structure that is not classified as the principal structure, particularly in cases where the alternative location assists in limiting the banner from the view of adjacent residential properties. 8) The owner or tenant of a building with a sign permit may allow an organization or entity to use the banner location to promote a special event. A banner for a special event sign cannot be displayed for more than 30 days prior to the first day of the event. The banner shall be removed at the conclusion of the event.

1147.802 Sandwich Board Signs. One (1) Sandwich board sign (“Sandwich Boards”) is allowed in the Town Center, Commercial, and Industrial Zoning Districts, by permit and provided the requirements set out in this subsection are met. 1) Only one (1) sandwich board is allowed for each business not to exceed eight (8) sq. ft. per sign face. 2) All permit applications shall contain a sketch of the sandwich board, which includes the sign’s dimensions, color, and design, and the placement location, including an accurate to-scale depiction of the sidewalk adjacent to the premises. 3) In determining whether to issue a permit, the Zoning Administrator shall consider the impact on adjacent buildings and pedestrians.

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4) Sandwich boards can be displayed only during the times the entity is open. No sandwich board shall be displayed overnight or when there has been any snow accumulation. 5) Sandwich boards may only be located on the sidewalk adjacent and near to the entity’s front entrance to the premises. A sandwich board shall be located such that there is a minimum of three (3) feet of unobstructed clearance; does not take up more than three (3) feet of sidewalk width; and does not interfere with pedestrian traffic. 6) In no case shall sandwich boards occupy off-street parking space or be used in conjunction with portable signs. 7) A sandwich board sign shall not be used instead of permanent building signage. 8) A sandwich board may be removed by the City if it interferes with any City activities or public safety (including, but not limited to, snow removal activities and sidewalk maintenance). 9) The owner of a building or business who has a valid temporary permit for a sandwich board may allow the sponsor of a “Special Event” to utilize their sandwich board location for a Special Event Sign.

1147.900: TEMPORARY SIGNS; PERMIT REQUIRED. Each property in the Town Center, Commercial, and Industrial Zoning Districts may, by permit, have one (1) temporary sign at any time which may be erected for no more than 14 consecutive days. The signs in this subsection require sign permits. In no case shall more than three (3) permits per property be granted during any calendar year. If there is any direct contradiction between this provision and a specific type of temporary sign the more specific regulation applies. A brief description of the temporary sign options and related display guidelines follow including regulations related to sign size, area and location:

1147.901 Balloon Sign. One (1) temporary balloon sign per property not exceeding 35 feet in height, whether tethered or not. The sign shall be set back no less than ten (10) feet from the property line or right-of-way line, whichever is greater, and cannot be placed in a location that obstructs the view of motorists. In no case shall balloon signs take up required off-street parking spaces.

1147.902 Inflatable Signs. One (1) temporary inflatable sign per property not exceeding 35 feet in height. The sign shall be set back no less than ten (10) feet from the property line or right-of-way line, whichever is greater, and cannot be placed in a location that obstructs the view of motorists. In no case shall inflatable signs take up required off-street parking spaces

1147.903 Portable Signs. The maximum area shall be 32 square feet, and the maximum height shall be six (6) feet. No sign shall be located in a manner that violates the traffic visibility regulations in the Zoning Code. Portable signs shall be located on private property and shall not be displayed off the premises of the business that the sign is intended to advertise, with the exception of signs advertising public and charitable functions approved by the Zoning Administrator.

1147.904 Special Event Sign. A Special Event Sign may be displayed for 14 days prior to and for the duration of the Special Event. The special event sign shall be removed at the conclusion of the event. A special event sign shall not exceed two Page 250 of 255

(2) square feet in area unless the special event sign also qualifies under another allowed sign in this Section in which case the special event sign shall meet the size and other requirements of the allowed sign.

1147.905 Streamers/Pennant Signs/Feather Flag. Temporary streamers, pennant signs and feather flags are allowed.

1147.906 Street Banner Signs. Street banners are permitted in locations authorized by the City Engineer.

1147.1000: PROHIBITED SIGNS. The following signs are prohibited:

➢ Beacons ➢ Bench Signs ➢ Billboard Signs ➢ Off-Premises Signs (except for Off-Premises Identification Signs and Off- Premises Regional Directional Signs as allowed above) ➢ Painted Wall Signs ➢ Roof Signs ➢ Rotating Signs ➢ Signs with flashing or blinking lights ➢ Snipe Signs ➢ Vehicular Signs ➢ Video Display Signs

In addition, all signs not expressly allowed under this Section are prohibited.

1147.1100: CALCULATING SIGN AREA. The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by drawing a box around the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the sign area.

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1147.1101 Individual Letters. When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs, or symbols.

When two (2) identical sign faces are placed back- to- back, so that neither face can be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one (1) of the faces. The maximum angle permitted between faces of a multi-face sign is 45 degrees.

1147.1200: GENERAL SIGN REGULATIONS. In additional to all regulations specific to type of sign above, all signs must comply with the following regulations:

1147.1201 Setbacks. Unless noted otherwise in relation to a specific Zoning District or sign type, all signage shall maintain setback of ten (10) feet from any property line. Pylon signs, exclusive of the supporting structure, may project five (5) feet into the minimum required setback with approval by the City Engineer.

1147.1202 Interference. No sign shall, by reason of position, illumination, shape, size, color, or any other characteristic, interfere in any way with vehicle or pedestrian traffic including but not limited to interference with the proper functioning or purpose of a traffic sign or signal or interference with traffic visibility.

1147.1203 Public Property/Right-of-Way. No sign shall be located on public property or within public right-of-way unless approved in writing by the public entity owning and/or controlling the property.

1147.1204 Illuminated Signs. Unless noted otherwise in relation to a specific Zoning District or sign type: Illumination of signs is prohibited in all Agricultural and Residential Zoning Districts. Illuminated signs are allowed in the Town Center, Commercial and Industrial Zoning Districts provided the signs shall be illuminated Page 252 of 255

only by steady, stationary, shielded light sources that are either directed solely at the sign, or are internal to them, without causing glare for motorists, pedestrians, or neighboring property.

1147.1300: SIGN PERMIT REQUIREMENTS. Before a sign requiring a permit under the provisions of this Section is placed, constructed, erected, modified, or relocated the property owner shall obtain a sign permit from the Zoning Administrator. The property owner shall maintain a sign permit for all signs on the property. Any sign involving electrical components shall be wired by a licensed electrician. A building permit may be required in cases where the Minnesota Building Code requires it.

1147.1301 Banner and Sandwich Board Signs. Permits for banners and sandwich board signs are issued annually. A banner or sandwich board permit is valid for one (1) year commencing on January 1st and expiring on December 31st of the year of issuance. An applicant may apply for a banner or sandwich board permit at any time during the year, but the fee will not be pro-rated.

If a banner permit is issued for a multi-business building, the property owner shall allocate the time among the tenants to display the banner.

1147.1302 Application. Application for a sign permit shall be made in writing on the forms furnished by the City. The application shall contain the following information:

➢ Name, address, telephone number and email address of the property owner, tenant (if applicable), and the company or individual who is providing and installing the sign. ➢ Address and legal description of the property where the sign will be located. ➢ Sign Type. ➢ Sign Plan as described below. ➢ Other pertinent information as may be required by the Zoning Administrator.

The permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, the application shall also be signed by the owner of the property.

1107.1303 Exemptions. The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its proper erection and maintenance, and its compliance with the provisions of this Section or any other law or ordinance regulating the same.

➢ Changing the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy. ➢ Painting, repainting, replacement or cleaning of a legal sign structure or sign whereby only the color or message is altered.

1147.1400: SIGN PLAN REQUIREMENTS. In addition to a sign permit application, no sign permit shall be issued until a Sign Plan for the entire property and/or building on Page 253 of 255

which the sign will be erected has been submitted to the City and approved by the Zoning Administrator. The purpose of the Sign Plan is to provide accurate information for the City to determine whether the proposed sign is in compliance with the requirements of this Section. The Sign Plan shall include:

1) Name, address, telephone number and email address for the property owner or duly authorized agent for the owner, tenant (if applicable) and sign company completing the work. 2) Description and dimensions for all existing signage which will remain on the property. 3) Identification of the type of sign(s) to be erected by the applicant. 4) A site plan, drawn to scale depicting: a. Total building area and the proposed location of signs. b. Lot dimensions, building facade, easements, and existing right-of-way and driveways. c. The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location. d. Building elevations, existing and proposed facades, parapet walls, eaveline and the location and size of all proposed and existing permanent signage. e. Current photographs showing existing signs. 5) Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color lights, details, and the manufacturer’s specifications for the lighting fixture and any light shield or shades that will be used. 6) For multi-business buildings, in addition to the items listed above, a comprehensive sign plan shall be submitted and approved by the Zoning Administrator identifying the public entrances, tenant spaces with exclusive, exterior customer entrances, and the locations, size and type of all signage for the building and property. Upon approval by the Zoning Administrator, this plan will serve as a reference for all future sign permit applications on that subject property.

1147.1500: MAINTENANCE. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All signs shall be maintained in a safe, non-deteriorating and sound structural condition at all times. Cracked, broken or bent, glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be repaired, replaced, or removed.

Any sign which the City finds is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the property on which the sign is located.

1147.1600: LAPSE OF SIGN PERMIT. A sign permit shall lapse automatically if the business related to the sign is discontinued for a period of at least one (1) year.

1147.1700: REMOVAL OF SIGNS.

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1) Removal. If the City finds that any sign, or other structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this Section or any conditions set out in the sign application or approved permit, City may remove the sign.

2) Removal Process. The Zoning Administrator shall provide written notice to the permit holder and/or property owner of the problem and what action must be taken to bring the sign into compliance with this Section. The permit holder or property owner shall bring the sign into compliance within seven (7) calendar days after the notice is issued. The Zoning Administrator, in his/her sole discretion, may grant additional time to bring the sign into compliance. If the permit holder or property owner fail to bring the sign into compliance in the time provided or if the City deems the sign constitutes a danger, the City may enter the property and remove, repair, or make safe the sign. All costs incurred by the City, including administration expenses and reasonable attorney fees, may be levied against the property pursuant to Minn. Stat. Chap 429. The City shall not be required to store any removed sign. If the City does store the removed sign, the City shall not return the sign to the permit holder or property owner until the City’s expenses for removal and storage have been paid. The City shall not be responsible for any damage or loss of a removed sign or for any reasonable action taken under this provision.

3) Snipe Signs. City may remove all snipe signs without any notice. The City shall not be required to store any removed sign. If the City does store the removed sign, the City shall not return the sign until the City’s expenses for removal and storage have been paid. The City shall not be responsible for any damage or loss of a removed sign or for any other reasonable action taken under this provision.

Section 11. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein.

Section 12. This ordinance shall become effective upon its passage and publication.

Passed by the City Council of the City of Prior Lake this 21st day of June 2021.

ATTEST:

______Jason Wedel, City Manager Kirt Briggs, Mayor

A summary of this ordinance was published in the Prior Lake American on the 25th day of June 2021.

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