2002 Ord No. 376 - 391
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ORDINANCE NO. 376
AN ORDINANCE AMENDING CHAPTER 1001 OF THE
SHOREWOOD CITY CODE
Section 1.
Chapter 1001 of the Shorewood City Code is hereby amended to add:
1001.05: TEMPORARY STRUCTURES: In the event a principal structure, as defined
in the Shorewood Zoning Code, is damaged or destroyed by fire, flood or other
disaster, the Zoning Administrator may approve the use of a temporary structure for up to six
(6) months during the period of repair or reconstruction, subject to the following requirements:
Subd. 1.
The location, size and design of the temporary structure shall be subject to
review and approval by the Zoning Administrator, the Building Official and the
Fire Marshal.
Subd. 2.
To the extent feasible, the temporary structure shall comply with building
setbacks for the zoning district in which it is located.
Subd. 3.
Adequate provisions shall be made for domestic water supply and for sewage
disposal.
Subd.4.
Signage shall be limited to one temporary sign, no larger in area than ten
percent (10%) of the silhouette area of the temporary structure, as viewed from
the public street right-of-way.
Subd. 5.
Provisions must be made for adequate off-street parking. The temporary
structure shall not interfere with the parking requirements or circulation of any
adjoining properties.
Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official
Newspapers ofthe City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHO
day of January 2002.
WOODY LOVE, MAYOR
ATTEST:
C
W ON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 377
AN ORDINANCE AMENDING CHAPTER 310
OF THE SHOREWOOD CITY CODE RELATING TO
LAWN FERTILIZER APPLICATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 310.04, Subd. 4 of the Shorewood City Code shall be amended to read as
follows:
Subd. 4. Sale of Fertilizer Containing Phosphorous. Effective 1 January 2003, no person, firm,
corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or
granular, within the City of Shorewood that contains any amount of phosphorous or other
compound containing phosphorous, such as phosphate, except:
a. Small quantities of such fertilizer maybe sold for use as provided in Section 310.05.
Displays oflawn fertilizer containing phosphorous shall be limited to ten percent (10%)
ofthe quantity of non-phosphorous lawn fertilizer on display at any given time.
b. Displays of such fertilizer must be clearly marked as containing phosphorous, and
must be separated from the display of other fertilizers by no less than eight (8) feet.
c. For each sale of such fertilizer the seller shall provide the buyer with a copy of this
Chapter of the Shorewood City Code.
Section 2. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREW
this 14th day of January, 2002.
ATTEST:
A WSON, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
ORDINANCE NO. 378
AN ORDINANCE RELATING TO THE INSTALLATION
OF UTILITIES AND USE OF RIGHTS-OF-WAY.
The City of Shorewood Code of Ordinances is hereby amended as follows:
Section 1. Section 901 is amended to add:
Section 901.04. PUBLIC UTILITY SERVICES.
Subd. 1. It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move
any pipeline, underground telephone line, underground electric transmission
line, or overhead electric transmission (non-service) line without first obtaining
a permit from the City of Shorewood's Public Works Director. In issuing such
a permit, the public works director shall find that:
a. The proposed location of the essential [service] shall not reasonably
interfere with present or future development.
b.
The depth of any buried essential services shall be at a depth or location
that will not cause interference with roads, streets, utilities or buildings.
c. The width of any linear easements or rights-of-way shall not be such that
it will unreasonably interfere with future development.
d. The location of any essential service is in accordance with the overall
utility location planes) as adopted by the City Council, when said plan is in
existence, or the designated utility corridors as identified in the City's
Comprehensive Plan.
e. The location of any essential service is in accordance with Section 901.05
concerning utility line burial.
Section 901.04. VIOLATION is renumbered to read Section 901.06.
Section 2. Section 901.05 is amended to add:
Section 901.05. UNDERGROUND UTILITIES:
a. All utilities installed after the effective date of these regulations including
but not limited to electrical, telephone, and cable television lines, shall be
buried unless otherwise approved by the City Council.
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ORDINANCE NO. 378
Page Two
b. Existing overhead utilities within road rights-of-way which are not in
conformance with overhead utility corridors as stipulated in this
Ordinance and of a capacity less than 115 kilovolts are declared to be
nonconforming and must be buried at the time they are replaced due to
aging or capacity limitations, or relocated due to road construction or
reconstruction within the rights-of-way in which they share space, unless
otherwise approved by the City Council. This provision shall not apply to
existing overhead utilities located on rear or side lot line easements which
directly serve adjacent properties.
c. Existing overhead utilities which are to be buried in conformance with
Sec. 901.05 Subd. b shall be done so under the terms and requirements as
provided in the applicable franchise agreement for the affected utility, if so
stipulated. In the absence of franchise agreement stipulations for the
affected utility, the burial shall occur under the terms, expense and
scheduling requirements as required by the City at the time the overhead
utility is replaced or relocated. Substitute stipulations may be provided
between the affected utility and the City.
Section 3. These amendments shall be effective upon passage and publication.
Adopted this 14th day of January, 2002.
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CITY OF SHOREWOOD
ORDINANCE NO. 379
AN ORDINANCE AMENDING SECTION 1201.03 SUBD. 2 OF THE SHOREWOOD
ZONING CODE TO INCLUDE IMPERVIOUS SURFACE LIMITATIONS FOR LOTS
NOT IN THE "S", SHORE LAND DISTRICT
Section 1. City Code Section 1201.03 Subd. 2. (Zoning Performance Standards) is
hereby amended to add:
"t. Impervious Surface: The maximum ratio of impervious surface to lot area for all lots in
the "S", Shoreland zoning district shall be twenty five percent (25%). The maximum ratio of
impervious surface to lot area for all lots that are not subject to "s" district requirements shall be
as follows:
(1) Residential uses in the R-IA through R-3B zoning districts: thirty three percent
(33%).
(2) Governmental and public regulated utility buildings necessary for the health, safety
and general welfare of the community; public or semi-public recreational buildings,
neighborhood or community centers; public and private educational institutions; and
religious institutions in the R-IA through R-3B zoning districts: sixty six percent
(66%), provided that:
(a) Improvements that will result in an increased rate of runoff directly entering a
public water shall have all structures and practices in place for the collection
and treatment of storm water runoff in compliance with the Shorewood
Comprehensive Water Resources Management Plan, as may be amended.
(b) Measures for the treatment of storm water runoff and or prevention of storm
water from directly entering a public water include such appurtenances as
sediment basins (debris basins, desilting basins, or silt traps), installation of
debris guards and micro silt basins on storm water inlets, oil skimming devices,
etc.
(3) Commercial districts (R-C through C-4) and Lakeshore Recreational
(L-R): sixty six (66%). A conditional use permit may be granted to exceed sixty six
percent, provided that:
(a) The proposed development of the site complies with all setback requirements
for the district in which it is proposed.
(b) Improvements that will result in an increased rate of runoff directly entering a
public water shall have all structures and practices in place for the collection
and treatment of storm water runoff in compliance with the Shorewood
Comprehensive Water Resources Management Plan, as maybe amended.
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(c) Measures for the treatment of storm water runoff and or prevention of storm
water from directly entering a public water include such appurtenances as
sediment basins (debris basins, desilting basins, or silt traps), installation of
debris guards and microsilt basins on storm water inlets, oil skimming devices,
etc.
(d) The maximum ratio of impervious surface to lot area ratio shall not exceed
seventy five percent (75%).
(4) Planned Unit Development (PUD) districts shall be regulated based upon the various
uses within the pUD' Residential portions ofthe pUD shall be subject to the
provisions of(1) above. Commercial portions of the pUD shall be subject to the
provisions of (2) above.
Section 2. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shore wood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of
February, 2002.
WOODY LOVE, MAYOR
ATTEST:
, CITY ADMINISTRATOR/CLERK
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ORDINANCE NO. 380
Chapter 1202 of the City Code
Shorewood Subdivision Ordinance
Recommended by the Shorewood Planning Commission
5 February 2002
Chair Jeff Bailey
Deborah Borkon
Robert Gagne
Ann Packard
Jim Pisula
Kathe White
Donna Woodruff
Adopted by the Shorewood City Council
11 February 2002
Mayor Woody Love
John Garfunkel
Christine Lizee
Laura Turgeon
Scott Zerby
Published 20 February 2002
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TITLE
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SECTION 1202.01
SECTION 1202.02
SECTION 1202.03
Subd. 1
Subd.2
Subd. 3
SECTION 1202.04
Subd. 1
Subd.2
Subd. 3
Subd.4
SECTION 1202.05
Subd. 1
Subd.2
Subd.3
Subd.4
Subd.5
Subd.6
Subd. 7
Subd.8
Subd. 9
SECTION 1202.06
SECTION 1202.07
Subd. 1
Subd.2
Subd.3
Subd.4
Subd.5
Subd.6
SECTION 1202.08
Subd. 1
Subd.2
SECTION 1202.09
Subd. 1
Subd.2
SECTION 1202.10
Subd. 1
Subd.2
SECTION 1202.11
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TABLE OF CONTENTS
EXPLAN A TI ON ............................................................................ PAGE
TITLE AND APPLICATION ................................................................1
DEFINITIONS. ........ ..................... ..................... .... ..................... ............3
PROCEDURES FOR FILING AND REVIEW ...................................6
Sketch Plan................................................................................................ 6
Preliminary Plat......................................................................................... 6
Final Plat .......................................................................................... ......... 7
PLAT AND DATA REQUIREMENTS ................................................8
Sketch Plan.............................................................................. ..................8
Preliminary Plat......................................................................................... 8
Final Plat........ ........................................................ ............. .................... 11
Certification Required............................................................................. 12
DESIGN STANDARDS ........................................................................12
Blocks...................................................................................................... 12
Lots.. .... .. .. ......... .. .. ... ... ..... .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. ... .. ..... .. ... .... .. .... .. .. .. .. .. .. .... 13
Political Boundaries ................................................................................13
Streets and Alleys ...................................................................................14
Provisions for Resubdivision of Large Lots and Parcels........................ 15
Easements................................................................................................ 15
Erosion and Sediment Control................................................................ 15
Storm Drainage....................................................................................... 16
Protected Areas....................................................................................... 16
PUBLIC LAND DEDICATION ..........................................................16
REQUIRED IMPROVEMENTS......................................................... 17
General Provisions ........ ....... ................... ...................... ......................... .17
Monuments.. ............................................................. ......................... ......18
Street Improvements......................... ................................. ................... ..18
Community Facilities Improvements............ ............ ............. .................19
Semi-Public Utilities ................................................ ........................... ....19
Election by City to Install Improvements ...............................................19
NON-PLATTED SUBDIVISIONS ......................................................19
Registered Land Surveys.............. ............... .............. ....................... ......19
Minor Subdivision and Lot Combination ...............................................20
VARIANCES AND APPEALS ............................................................22
Findings................................................................................................... 22
Variance Application Procedures ....... .......... .......... ....................... ....... ..22
VIOLATIONS AND PENALTy......... .................. ...... ........................24
Misrepresentation as to Construction, Supervision, or Inspection
of Improvements..................................................................................... 24
Penalty..................................................................................................... 24
ENACTMENT .......................................................................................24
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CHAPTER 1202
SUBDIVISION REGULATIONS
AN ORDINANCE FOR THE PURPOSES OF PROMOTING ORDERLY AND SYSTEMATIC
PLANNING OR SUBDIVISION AND LAND DEVELOPMENT IN THE CITY OF
SHOREWOOD, MINNESOTA
THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN:
SECTION 1202.01
TITLE AND APPLICATION:
Subd. 1. Title: This Ordinance shall be known as "City of Shorewood Subdivision Ordinance" except as
referred to herein, where it shall be known as "this Ordinance".
Subd. 2. Purpose: It is the purpose of this Ordinance to safeguard the best interests of the City of
Shorewood and to assist developers and subdividers of land in harmonizing their interests with
those of the City. It is the purpose of this Ordinance to make certain regulations and requirements
for the subdivision of land within the City of Shorewood, pursuant to the authority contained in
Minnesota State Statutes, which regulations the City Council deems necessary for the health, safety
and general welfare of this community. This Ordinance is intended to promote good planning
practice and to ensure orderly growth and development and shall supplement and implement the
provisions of the Shorewood Comprehensive Plan and the Shorewood Zoning Code.
Subd.3. Application of Requirements:
a. Relationship to Other Laws: Where the conditions imposed by any provision of this Ordinance
are either more or less restrictive than comparable conditions imposed by any other ordinance,
rule or regulation of the City, the ordinance, rule or regulation that imposes the more restrictive
condition, standard or requirement shall prevail. The Zoning Administrator shall determine
which is more restrictive and appeals from such determination may be made in the manner
provided herein.
b. Minimum Requirement: In the interpretation of this Ordinance, its provisions shall be held to
be the minimum requirements for the promotion of the public health, safety and welfare.
Subd. 4. Approvals Necessary for Acceptance of Subdivision Plats: Before any plat shall be recorded or
be of legal effect, it shall be referred to the City Planning Commission and approved by the City
Council of Shorewood as having fulfilled the requirements of this Ordinance.
Subd. 5. Conditions for Recording: No plat of any subdivision shall be entitled to be recorded in the
Hennepin County Recorder's Office or have any validity until the plat thereof has been prepared,
approved and acknowledged in the manner prescribed by this Ordinance.
Subd. 6. Permits: No building permits shall be granted by the City of Shorewood for the construction of
any building, structure or improvement to the land or to any lot in a subdivision as defined herein,
until all requirements of this Ordinance have been fully complied with.
Subd. 7. Exceptions: Except in the case of resubdivision, this Ordinance shall not apply to any lot or
lots forming a part of a subdivision recorded in the office of the Hennepin County Register of
Deeds for Registrar of Titles prior to the effective date of this Ordinance.
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Subd. 8. Rules: The language set forth in the text of this Ordinance shall be interpreted in accordance
with the following rules of construction:
a. The singular number shall include the plural and the plural the singular.
b. The present tense includes the past and future tenses and the future the present.
c. The word "shall" is mandatory while, the word "may" is permissive.
d. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning
shall be construed as set forth in such definition thereof.
e. All measured distances expressed in feet shall be to the nearest tenth of a foot.
Subd. 9. Separability: It is hereby declared to be the intention of the City that the several provisions of
this Ordinance are separable in accordance with the following:
a. Other Parts of This Ordinance: If any court of competent jurisdiction shall adjudge any
provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of
this Ordinance not specifically included in said judgment.
b. Application to Other Party or Property: If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this Ordinance to a particular property, building, or
structure, such judgment shall not affect the application of said provision to any other property,
building or structure not specifically included in said judgment.
Subd. 10. Authority: This Ordinance is enacted pursuant to the authority granted by Minnesota Statutes,
sections 462.358.
Subd. 11. Relationship to Comprehensive Plan: It is the policy of the City of Shorewood that the
enforcement, amendment and administration of this Ordinance be accomplished with due
consideration of the recommendations contained in the Shorewood Comprehensive Plan as
developed and amended from time to time by the City Council. The Council recognizes the
Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in
accordance with the policies and purpose herein set forth.
Subd. 12. Comprehensive Revision: The City Council intends this Ordinance to be a comprehensive
revision to the Shorewood Subdivision Ordinance (Chapter 1202 of the Shorewood City Code), as
amended. Except as otherwise provided herein, the provisions of this Ordinance are not intended
to alter, diminish, increase or otherwise modify any rights or liabilities existing on its effective
date. Any act done, offense committed, or rights accruing or accrued, or liability or penalty
incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment.
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SECTION 1202.02
DEFINITIONS:
For the purpose of this Ordinance certain words and terms are hereby defined as set forth in the
subdivisions which follow.
Subd. 1. ALLEY: A public or private right-of-way primarily designed to serve as secondary access to
the side or rear of those properties whose principal frontage is on a street.
APPLICANT: The owner of land proposed to be subdivided or the owner's representative.
Consent shall be required from the legal owner of the premises.
Subd. 2. BLOCK: An area ofland within a subdivision containing one (1) or more lots that is entirely
bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a
combination of the above with a river, lake or other physical barrier.
BOULEVARD: The portion of the street right-of-way not occupied by pavement or other traveled
surface.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
Subd. 3. CITY: The City of Shorewood.
CITY COUNCIL: The governing body of the City of Shorewood.
COMPREHENSNE PLAN: The long range goals, objectives, policies, concepts and plans of the
City of Shorewood as stated in a group of maps, charts and text.
Subd.4. DESIGN STANDARDS: The specifications to land owners or subdividers 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.
Subd. 5. EASEMENT: A grant by a property owner for the use of land for the purpose of constructing
and maintaining drives and utilities including, but not limited to wetlands, ponding areas, sanitary
sewers, watermains, electric lines, telephone lines, storm sewer or storm drainage ways and gas
lines.
Subd. 6. FINAL PLAT: A drawing, suitable for recording, showing the layout of a subdivision that has
received preliminary plat approval pursuant to Sections 1202.03 and 1202.04 of this Ordinance and
Minnesota Statutes Chapter 505.
Subd.7. No definitions.
Subd.8. No definitions.
Subd. 9 . IMPERVIOUS SURF ACE: An artificial or natural surface through which water, air or roots
cannot penetrate.
Subd. 10. No definitions.
Subd. 11. No definitions.
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Subd. 12. LOT: A parcel ofland in a subdivision or plat ofland, separated from other parcels or
portions by descriptions or by metes and bounds, for the purpose of sales or lease or separate use
thereof.
LOT, CORNER: A lot situated at the intersection of two (2) streets, or a lot at the point of
deflection of a single street, the interior angle of which one hundred thirty-five (135) degrees or
less.
LOT IMPROVEMENT: Any building, structure, place, work of art, or other object which
constitutes a physical betterment of the real property on which it is situated, or any part of such
betterment.
LOT WIDTH: The shortest horizontal distance between the side lot lines measured at right angles
to the lot depth measured at the required minimum building setback line as set forth in the
Shorewood Zoning Code.
Subd. 13. No definitions.
Subd. 14. No definitions.
Subd. 15. ORDINARY HIGH WATER LEVEL (OHWL): The boundary of public waters and wetlands
that is described as an elevation delineating the highest water level that has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that 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 or channel.
OUTLOT: A lot remnant or parcel of land left over after platting, which is intended as open space
or other use, or which is reserved for future development and for which no building permit shall be
issued.
OWNER: Any individual, firm, association, syndicate, partnership, corporation, trust or any other
legal entity having sufficient proprietary interest in the land sought to be subdivided or
commercially used to commence and maintain proceedings under this Ordinance.
Subd. 16. PARKS AND PLAYGROUNDS: Public land and open spaces in the City of Shore wood
dedicated or reserved for recreation purposes.
PEDESTRIAN WAY: A public right-of-way or private easement that provides access for
pedestrians and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE: The ratio of the distance vertically from the horizontal in feet and
tenths of a foot for each one-hundred (100) feet of horizontal distance.
PERSON: Any individual, firm, partnership, association, corporation or organization of any kind.
PLANNING COMMISSION: The Planning Commission of the City of Shore wood.
PRELIMINARY PLAT: A drawing or set of drawings describing the existing physical
characteristics of a parcel of land and illustrating a proposed layout for subdividing the land into
lots, blocks, streets and easements for purposes of obtaining preliminary approval of a subdivision,
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pursuant to Sections 1202.03 and 1202.04 of this Ordinance and Minnesota Statutes Section
462.358 and Chapter 505.
PROTECTIVE COVENANTS: Contracts made between private parties relating to the manner in
which land may be used in order to protect and preserve the physical and economic integrity of any
gIVen area.
PUBLIC IMPROVEMENT: Any drainage facilities, roadway, parkway, sidewalk, pedestrianway,
tree, lawn, off-street parking area, lot improvement, utility, or other 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.
Subd. 17. No definitions.
Subd. 18. REGISTERED LAND SURVEYOR: A Surveyor whom is registered and licensed in
accordance to Minnesota State Statute 326.02, Subd. 3a.
REGISTERED PROFESSIONAL ENGINEER: A Registered Professional Engineer licensed in
accordance to Minnesota State Statute 326.02, Subd. 3.
RIGHT-OF-WAY, PUBLIC: Any property established for the use of the public for street or
highway purposes by any federal, state, county or local government by dedication, easement, gift or
statutory user, whether developed or undeveloped, paved or unpaved.
Subd. 19. SETBACK: The minimum horizontal distance between building and street, lot line or
ordinary high water level. Distances are to be measured at ground level from the most outwardly
extended portion of the structure. In the case of a private street or street acquired by statutory user
as defined by Minnesota Statutes, the setback shall be measured from a line fifteen (15) feet from
the edge of the traveled surface.
STREET: A public right-of-way or private way serving three (3) or more properties, whether
designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or
however otherwise designated, which is used or can be used for travel.
STREETS, ARTERIAL: Those streets, as identified in the Shorewood Comprehensive Plan,
carrying larger volumes of traffic and serving as links between various subareas of the community.
Arterial streets are intended to provide for collection and distribution of traffic between highways
and collector streets; hence regulations of direct access to property is critical.
STREETS, COLLECTOR: Those streets, as identified in the Shorewood Comprehensive Plan,
that carry traffic from local streets to the major system of arterials and highways. Collector streets
primarily provide principal access to residential neighborhoods, including, to a lesser degree direct
land access.
STREETS, LOCAL: Those streets, as identified in the Shorewood Comprehensive Plan, that are
used primarily for access to abutting properties and for local traffic movement.
STREETS, MARGINAL ACCESS: Those local streets that are parallel and adjacent to
thoroughfares and highways and that provide access to abutting properties and protection from
through traffic.
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STREETS, CUL-DE-SAC: Those local streets with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
STREET WIDTH: The shortest distance between lines of lots delineating the streets right-of-way.
SUBDIVIDER: Any individual, firm, association, syndicate, co-partners, corporation, trust or
other legal entity having sufficient proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under this Ordinance.
SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for the
purpose of transfer of ownership or of building developments. The term includes resubdivision
and, when appropriate to the context, shall relate to the process of subdividing or to the land
subdivided.
Subd. 20. No definitions.
Subd.21. No definitions.
Subd. 22. No definitions.
Subd.23. No definitions.
Subd. 24. No definitions.
Subd.25. No definitions.
Subd. 26. No definitions.
SECTION 1202.03
PROCEDURES FOR FILING AND REVIEW:
Subd. 1. Sketch Plan: In order to insure that all applicants are informed of the procedural requirements
and minimum standards of this Ordinance, and the requirements or limitations imposed by other
City ordinances or plans prior to the development of a preliminary plat, all applicants shall present
a sketch plan to the Zoning Administrator prior to filing a preliminary plat.
Subd. 2. Preliminary Plat:
a. Filing: Five (5) copies of the preliminary plat and a mailing list of property owners of land
located within five hundred (500) feet of the subject property obtained from and certified by
Hennepin County shall be submitted to the Zoning Administrator. The required filing fee as
established by City Council resolution shall be paid and any necessary applications for
variances from the provisions of this Ordinance shall be submitted with the required fee. The
proposal must be submitted by the first Tuesday of any given month in order to be placed on the
Planning Commission agenda for the first Tuesday of the following month. The plan shall be
considered as being officially submitted when all the information requirements have been
complied with.
b. Public Hearing: Upon receipt of the subdivision application, the Zoning Administrator shall set
a public hearing for public review of the preliminary plat. Said hearing shall be established
once adequate time has been allowed for staff and advisory body review of the plat. The
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Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council. Notice of said hearing shall contain a legal property
description, description of request detailing property location, and be published in the official
newspaper no more than thirty (30) and no less than ten (10) days prior to the hearing. Written
notification of said hearing shall be mailed no more than thirty (30) and no less than ten (10)
days prior to the hearing to all owners ofland within five hundred (500) feet of the boundary of
the property in question.
c. Technical Assistance Reports: The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports and provide general assistance in preparing a
recommendation to the Planning Commission and City Council.
d. Review by Other Commissions or Jurisdictions: The Zoning Administrator shall refer copies of
the preliminary plat to the Park Commission, County, Metropolitan, State or other public
jurisdictions for their review and comment, where appropriate and when required.
e. Planning Commission Action: The Planning Commission shall make a recommendation to the
City Council immediately following the close of the public hearing. If the Planning
Commission has not acted upon the preliminary plat within sixty (60) days from the opening of
the public hearing, the Council may act on the preliminary plat without the Planning
Commission's recommendation.
f. City Council Action:
1. If all requirements of this Ordinance and those that may be additionally imposed by the
Planning Commission are complied with, the Council shall act upon the preliminary plat and
may impose conditions and restrictions, which are deemed necessary, within sixty (60) days
of the date of the close of the Planning Commission's public hearing. A request for a time
extension of the City Council's review process may be granted by the City Council, if
requested in writing by the applicant.
2. If the preliminary plat is not approved by the City Council, the reasons for such action shall
be recorded in the proceedings of the Council and transmitted in writing to the applicant. If
the preliminary plat is approved, such approval shall not constitute final acceptance of the
layout. Subsequent approval will be required of the engineering proposals and other features
and requirements as specified by this Ordinance to be indicated on the final plat. The City
Council may require such revisions in the preliminary plat and final plat as it deems
necessary for the health, safety and general welfare of those living in and near the City of
Shorewood.
3. If the preliminary plat is approved by the City Council, the subdivider must submit the final
plat within one hundred-eighty (180) days after said approval or approval of the preliminary
plat shall be considered void, unless a request for time extension is submitted in writing and
approved by the City Council prior to expiration of the hundred-eighty day period. A
reasonable time extension will be considered by the City Council, if circumstances requiring
the extension are beyond the control of the applicant.
Subd. 3. Final Plat:
a. Filing: After the preliminary plat has been approved, the applicant must file a request,
supportive information and the final plat with the Zoning Administrator at least twenty (20)
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days prior to the City Council meeting at which the final request is to be considered. This must
be done within one hundred-eighty (180) days from the date of preliminary plat approval. If a
request for final plat is not made within this period of time, the approval of the preliminary plat
is void and the applicant must reapply for preliminary plat approval, unless an extension of time
has been formally approved by the City Council.. The final plat may constitute only that portion
of the preliminary plat which the subdivider proposes to record and develop at the time.
b. Approval of the City Council: If accepted and all fees for processing the application have been
paid, the final plat shall be approved by resolution within sixty (60) days of the date of the
meeting at which the final plat was received. The resolution shall provide for the acceptance of
all agreements for basic improvements, public dedication and other requirements as indicated by
the City Council. If denied, the grounds for any refusal to approve a plat shall be set forth in the
proceedings of the Council and reported to the person or persons applying for such approval.
c. Recording Final Plat: If the final plat is approved by the City Council, the subdivider shall
record it with the Hennepin County Recorder within thirty (30) days after said approval or
approval of the final plat shall be considered void, unless a request for time extension is
submitted in writing and approved by the City Council. The subdivider shall, prior to recording,
furnish the Zoning Administrator with three (3) blackline prints and a reproducible mylar of the
final plat. Upon recording the plat the subdivider shall provide the Zoning Administrator with
evidence of the recording. No building permits shall be issued for construction of any structure
on any lot in said plat until the City has received evidence of the plat being recorded by
Hennepin County.
SECTION 1202.04
PLAT AND DATA REQUIREMENTS:
Subd. 1. Sketch Plan: Sketch Plans shall contain, at a minimum, plat boundary, north arrow, graphic
scale, street layout on and adjacent to plat, designation ofland use and current or proposed zoning,
significant topographical or physical features, and general lot locations and layout.
Subd. 2. Preliminary Plat: The subdivider shall prepare and submit a preliminary plat, together with any
necessary supplementary information. The preliminary plat shall contain the information set forth
in the subdivisions which follow.
a. General Requirements:
1. Proposed name of subdivision. Names shall not duplicate or too closely resemble names of
existing subdivisions.
2. Location of boundary lines in relation to a known section, quarter section or quarter-quarter
section lines comprising a legal description of the property.
3. Names and addresses of all persons having property interest, the developer, designer, and
surveyor together with the surveyor's registration number.
4. Graphic scale. Scale shall be expressed as one (1) inch to ten (10) feet, twenty (20) feet,
thirty (30) feet, forty (40) feet, fifty (50) feet, sixty (60) feet, or one hundred (100) feet.
5. Date of preparation and north arrow.
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b. Existing Conditions:
1. Survey, prepared by a registered land surveyor, showing boundary lines and total acreage of
proposed plat clearly indicated.
2. Existing zoning classifications for land within and abutting the subdivision.
3. Location, widths and names of all existing or previously platted streets or other public or
private ways showing type, width and condition of improvements, if any. Location, width
and names of all existing railroad and utility rights-of-way, parks and other public open
spaces, permanent buildings and structures, easements and section and corporate lines
within the tract and to a distance of three hundred (300) feet beyond the tract.
4. Location and size of existing sewers, water mains, stormwater pipes, culverts, drainage tiles
or other underground facilities within the tract and to a distance of one hundred (100) feet
beyond the tract. Such data as grades, invert elevations, locations of catch basins, manholes
and hydrants shall also be shown.
5. Boundary lines of adjoining unsubdivided or subdivided land, within three hundred (300)
feet identified by name and ownership, including all contiguous land owned or controlled
by the subdivider.
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6. Topographic data including contours at vertical intervals of not more than two (2) feet.
Lakes, water courses, wetlands, rock outcrops, power transmission poles and lines,
vegetation and other significant features shall also be shown.
7. Statement of interest in the plat by the Minnehaha Creek Watershed District or the Riley-
Purgatory-Bluff Creek Watershed District.
c. Design Features:
1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical
cross sections and proposed names of streets in conformance with City and County street
identification policies. The name of any street heretofore used in the City or its environs
shall not be used unless the proposed street is a logical extension of an already named
street, in which event the same name shall be used.
2. Locations and size of proposed sewer lines and watermains or water wells.
3. Locations and widths of proposed alleys and pedestrian ways.
4. Location, dimension and purpose of all easements.
5. Layout, numbers, lot areas and preliminary dimensions oflots and blocks. All lots shall
be numbered clockwise in each block and blocks shall be numbered consecutively.
6. Minimum front, side and rear building setback lines.
7. When lots are located on a curve, the width of the lot at the building setback line.
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8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be
dedicated or reserved for public use, including the size of such area or areas in square feet
and acres.
9. A statement of the proposed use of lots stating type of buildings with number of proposed
dwelling units or type of business, so as to reveal the effect of the development on traffic,
fire hazards and congestion of population.
10. Public utilities including water, sanitary sewer mains and service connections to be
installed in accordance with the standards of the City of Shorewood.
11. Proposed grading including existing and proposed contours at vertical intervals of not
more than two (2) feet, proposed cut and fill areas, proposed building pads showing type
of house (full basement, walkout, split entry, etc.) and elevations oflowest floor and
garage floor.
12. Proposed ponding data including the Ordinary High Water Level, High Water Level, and
Emergency Overflow Elevation and route.
d. Supplementary Information:
1. Any or all of the supplementary information requirements set forth in this subdivision
shall be submitted, when deemed necessary by the City staff, consultants, advisory bodies
or City Council.
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2. Proposed protective covenants.
3. An accurate soils report of the subdivision prepared by a registered professional engineer
qualified to perform and analyze soil materials under the laws of Minnesota. The soils
report shall consist of test holes to a depth necessary to determine the various types of
soils to be encountered before reaching a stable base, and the static water table elevation.
Such test holes, when ordered by the City authorities, shall be drilled at the expense of the
owner or developer and the information disclosed shall be furnished to the City together
with a copy of the proposed plat showing the location of each test hole. The information
required by the City shall include a report as to the various types of soils encountered and
their depths, the level of the ground water, a percolation test and may include additional
information. The number of test holes to be drilled and their location on the property,
which is proposed to be platted, will be as directed by the City or their authorized
representative. The owner shall be required to furnish to the City . a report from a
recognized engineering laboratory as to the safety and practicability of the use of the area
for building construction.
4. A survey prepared by a qualified landscape architect, forester or arborist identifying tree
coverage in the proposed subdivision in terms of type, weakness, maturity, potential
hazard, infestation, vigor, density and spacing.
5. If any zoning changes are contemplated, the proposed zoning plan for the areas, including
dimensions, shall be shown. Such proposed zoning plan shall be for information only and
shall not vest any rights in the applicant.
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6. Provision for surface water disposal, ponding, drainage and flood control.
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7. Where the subdivider owns property adjacent to that which is being proposed for the
subdivision, it shall be required that the subdivider submit a sketch plan of the remainder
of the property so as to show the possible relationships between the proposed subdivision
and the future subdivision. In any event, all subdivisions shall be required to relate well
with existing or potential adjacent subdivision.
8. Where structures are to be placed on large or excessively deep lots that are subject to
potential replat, the preliminary plat shall indicate a logical way in which the lots could
potentially be subdivided in the future.
9. A plan for soil erosion and sediment control both during construction and after
development has been completed. The plan shall include gradients of waterways, design
of velocity and erosion control measures, design of sediment control measures, and
landscaping of the erosion and sediment control system.
10. A vegetation preservation and protection plan that shows those trees proposed to be
removed, those to remain, and the types and locations of trees and other vegetation that
are to be planted.
11. Such other information as may be required.
Subd. 3. Final Plat: The owner or subdivider shall submit a final plat together with any necessary
supplementary information. The final plat shall be prepared in accordance with provisions of
Minnesota State Statutes and Hennepin County regulations, and such final plat shall contain the
following information:
a. Name of the subdivision, which shall not duplicate or too closely approximate the name of any
existing subdivision.
b. Location by section, township range, county and state, and including descriptive boundaries of
the subdivision, based on an accurate traverse, giving angular and linear dimensions which must
mathematically close.
c. Name and address of surveyor making the plat.
d. Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow.
e. The location of monuments shall be shown and described in reference to existing official
monuments on the nearest established street lines, including true angles and distances to such
reference points or monuments.
f. Location of lots, streets, public highways, alleys, parks and other features with accurate
dimensions in feet and decimals of feet, with the length of radii and arcs of all curves, and with
all other information necessary to reproduce the plat on the ground. Dimensions shall be shown
from all angle points of curve to lot lines.
g. Lots shall be numbered clearly in a clockwise progression. Blocks are to be numbered with
numbers shown clearly in the center of the block.
h. The exact locations, widths, and names of all streets to be dedicated.
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1. Statement dedicating all streets, alleys and other public areas not previously dedicated as
follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated
to public use are hereby so dedicated.
J. The exact locations and widths of all easements to be dedicated.
k. Statement dedicating all easements as follows: Easements for installation and maintenance of
utilities and drainage facilities are reserved over, under and along the strips marked "utility
easements" .
1. Detailed plans and specifications in accordance with the City of Shorewood Standard
Specifications for Construction of Public Utilities, including sanitary sewer, municipal water
systems or on-site water supply, grading, drainage and erosion control plans, all approved by the
City Engineer.
m. Evidence that ground water controls are provided at least ten (10) feet below level of finished
grades of plan.
n. Comply with rules and regulations of the Minnehaha Creek Watershed District, or Riley-
Purgatory-Bluff Creek Watershed District, whichever District has jurisdiction, or statement
from the District indicating that it has no interest in the plat.
o. Any supplementary engineering data required by the City.
. Subd. 4. Certification Required:
a. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes,
as amended.
b. Execution by all owners of any interest in the land or any holders of a mortgage thereon of the
certificates required by Section 505.03, Minnesota Statutes, as amended, and which certificate
shall include a dedication of the utility easement and other public areas in such form as
approved by the City Council.
c. Space for certificates of approval and review including the date of approval and spaces to be filled in
by the signature of the Mayor and City Administrator.
SECTION 1202.05
DESIGN STANDARDS:
Subd. 1. Blocks:
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a. Block Length: In general, intersecting streets, determining block lengths, shall be provided at
intervals so as to serve cross-traffic adequately and to meet existing streets. Where no existing
plats control, the blocks in residential subdivisions should not exceed twelve hundred (1200)
feet in length, except where topography or other conditions justify a departure from this
maximum and approval is received from the City Council. In blocks longer than one thousand
(1000) feet, pedestrian ways or easements through the block may be required in locations
deemed necessary for convenient pedestrian circulation.
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b.
Block Width: The width of the block shall normally be sufficient to allow two (2) tiers of
lots of appropriate depth. Blocks intended for commercial use shall be of such width as to be
considered most suitable for their respective use, including adequate space for off-street
parking and deliveries.
Subd.2. Lots:
a. Size: The minimum lot area, width and depth shall not be less than that established by the
Shorewood Zoning Ordinance in effect at the time of adoption of the final plat. To eliminate
any doubt as to the interpretation of lot size, the minimum lot square footage shall not include
any portion of an adjacent public street, any portion of the City designated wetlands, as set
forth in Chapter 1102 of the City Code, nor any portion of a lot located below the ordinary high
water level of a lake. No lots less than the minimum square footage provided by the
Shorewood Zoning Ordinance for the area involved shall be authorized by this Ordinance
except upon the granting of a variance in accordance with the terms of this Ordinance.
b. Comer Lots: Comer lots for residential use shall have additional width to permit appropriate
building setbacks from both streets as required in the Zoning Ordinance.
c. Lot Frontage: Every lot must have adequate frontage on a city approved street to accommodate
a driveway and required driveway setbacks, as required in the Shorewood Zoning Ordinance.
d. Setback Lines: Setback or building lines shall be shown on all lots intended for residential use
and shall not be less than the setback required by the Shorewood Zoning Ordinance, as may be
amended.
e. Lot Remnants/Outlots: Remnants of land below minimum lot size, except in instances of
cluster zoning, shall be added to adjacent lots rather than remaining as unusable parcels.
Outlots may be used, if they carry with it an easement in favor of the City, for open space to
guarantee that the same will not be developed for building purposes. Outlots may also be used
to set aside land to be platted at a later time. In such cases a resubdivision sketch for the outlot
shall be required. Building permits shall not be issued for outlots or remnants.
f. Double-Frontage Lots: Double-frontage lots that have frontage on two (2) parallel streets shall
not be permitted, except where lots back on arterial streets or highways or where topographic
or other conditions render subdividing otherwise unreasonable. Such double-frontage lots shall
have an additional depth of at least twenty (20) feet in order to provide space for screen
planting along the rear lot line.
g. Turn Around Access: Where proposed residential lots abut a collector or arterial street, they
should be platted in such a manner as to encourage turn-around access and egress on each lot.
h. Lots Abutting Arterial Streets: In new subdivisions there shall be no direct vehicular access
from residential lots to arterial streets. Residential lots shall be separated from arterials by a
fifteen (15) foot buffer strip, which may be in the form of added depth or width of lots backing
on or siding on an arterial street right-of-way.
Subd. 3. Political Boundaries: No singular plat shall extend over a political boundary or school district
line without legal notification to and approval by affected units of government.
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Subd. 4 Streets and Alleys:
a. Continuous Streets: Except for cul-de-sac streets, streets shall connect with streets already
dedicated in adjoining or adjacent subdivisions, provide for future connections to adjoining
unsubdivided tracts or shall be a reasonable projection of streets in the nearest subdivided
tracts. The arrangement of arterials and collector streets shall be considered in their relation to
the reasonable circulation of traffic, to topographic conditions, to run-off of storm water, to
public convenience and safety and in their appropriate relation to the proposed uses of the area
to be served.
b. Local Streets and Dead-End Streets: Local streets should be planned as to discourage their use
by non-local traffic. Dead-end streets are prohibited, but cul-de-sac streets shall be permitted
where topography or other physical conditions justify their use. Cul-de-sac streets shall not be
longer than seven hundred (700) feet including a terminal turn-around which shall be provided
at the closed end. The cul-de-sac shall have a right-of-way radius of not less than fifty (50)
feet.
c. Temporary Cul-De-Sac: In those instances where a street is terminated pending future
extension in conjunction with future subdivision, a temporary turn-around facility shall be
provided at the closed end in conformance with cul-de-sac requirements.
d. Frontage Roads: Wherever the proposed subdivision contains or is adjacent to the right-of-way
of a state highway or an arterial street, provision may be made for a marginal access street
approximately parallel and adjacent to the boundary of such right-of-way or for a street at a
distance suitable for the appropriate use of land between such street and right-of-way. Such
distance shall be determined with due consideration of the minimum distance required for lot
depths.
e. Half-Streets: Half-street shall be prohibited, except where essential to the reasonable
development of the subdivision and adjoining unsubdivided areas.
f. Private Streets: Private streets shall be prohibited, except where absolutely essential to the
enjoyment of property rights. When permitted, private streets shall serve no more than three
lots and shall be designed to standards established by the City Engineer.
g. Street Intersections: Streets shall be laid out so as to intersect as nearly as possible at right
angles, except where topography or other conditions justify variations. Under no conditions
shall the minimum angle of intersection of streets be less than eighty (80) degrees. Street
intersection jogs with an offset ofless than one hundred twenty-five (125) feet shall be
avoided.
h. Street Right-Of-Way Width: Street right-of-way widths shall conform with following
standards:
1. Arterial Street ....................................................................................1 00 feet
2. Collector Street................. ............... ........... ........ ..... ................... ......... 60 feet
3. Local Street .........................................................................................50 feet
All subdivisions incorporating streets which are identified in the Hennepin County
Thoroughfare Plan shall comply with the minimum right-of-way, surfaced width and design
standards as outlined in said plan.
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1. Street Grades: Except upon the recommendation of the City Engineer, and the topography
warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local
streets and alleys in any subdivision shall not be greater than eight (8) percent. In addition
there shall be a minimum center line grade on all streets and thoroughfares of not less than one
(1.0) percent.
J. Reverse Curves: Minimum design standards for collector and arterial streets shall comply with
Minnesota State Aid Standards.
k. Reserve Strips: Reserve strips controlling access to streets shall be prohibited except under
conditions accepted by the City Council.
1. Street Plans for Future Subdivisions: Where the plat to be submitted includes only part of the
tract owned or intended for development by the subdivider, a tentative plan of a proposed
future street system for the unsubdivided portion shall be prepared and submitted by the
subdivider.
m. Hardship to Owners of Adjoining Property: Proposed street arrangements shall not cause
hardship to owners of adjoining property in platting their own land and providing convenient
access thereto.
Subd.5. Provisions for Resubdivision of Large Lots and Parcels: When a tract is subdivided into larger
than required building lots or parcels, such lots or parcels shall be so arranged as to permit the
logical location and openings of future streets and appropriate resubdivision with provision for
adequate utility connections for such resubdivision. Streets and utilities shall be extended to the
boundary of the plat.
Subd.6. Easements:
a. Width and Location: An easement for utilities at least ten (10) feet wide shall be provided on
each side of all lot lines. If necessary for the extension of city water or sewer lines or similar
utilities, easements of greater width may be required along lot lines or across lots.
b. Continuous Utility Easement Locations: Utility easements shall connect with easements
established in adjoining properties. These easements, when approved, shall not thereafter be
changed without the approval of the City Council, after a public hearing.
c. Guy Wires: Additional easements for pole guys should be provided, where appropriate, at the
outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that
pole guys will fall along side lot lines.
Subd. 7. Erosion and Sediment Control:
a. Commencement of Work: No filling, grading or clearing of vegetation shall occur on the site
during the processing of the plat until the final plat has been approved by the City Council.
Violation of this provision shall make the application null and void.
b. Existing Topography: The development shall conform to the natural limitations presented by
topography and soil so as to create the least potential for soil erosion.
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c. Staging: Erosion and siltation control measures shall be coordinated with the different stages
of construction. Appropriate control measures shall be installed prior to development when
necessary to control erosion.
d. Limitations on Exposed Ground: Land shall be developed in increments of workable size such
that adequate erosion and siltation controls can be provided as construction progresses. The
smallest practical area of land shall be exposed at anyone period of time. When soil is
exposed, the exposure shall be for the shortest feasible period of time, as specified in the
development agreement.
e. Removal/Replacement of Topsoil: Where the topsoil is removed, sufficient arable soil shall be
set aside for respreading over the developed area. Top soil shall be restored or provided to a
depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to
development.
f. Tree Preservation and Reforestation: Natural vegetation shall be protected in accordance with
the Shorewood Tree Preservation and Reforestation Policy.
g. Best Management Practices: All erosion control measures shall be installed according to the
Minnesota Urban Small Sites Best Management Practices Manual and the City of Shorewood
Department of Public Works Standard Specifications and Detail Plates, as may be amended.
Subd. 8. Storm Drainage: All subdivision design shall incorporate adequate provisions for storm water
runoff consistent with the Shorewood Comprehensive Water Resource Management Plan, as
amended, and be subject to review and approval of the City Engineer.
Subd.9. Protected Areas: Where land proposed for subdivision is deemed environmentally sensitive by
the City because of the existence of wetlands, drainage ways, water courses, floodprone areas or
steep slopes, the design of said subdivision shall clearly reflect all necessary measures of
protection to insure against adverse environmental impact.
Based upon the necessity to control and maintain certain sensitive areas, the City shall determine
whether said protection will be accomplished through lot enlargement, redesign, conservation
easement, dedication of those sensitive areas in the form of outlots or through the use of protective
covenants in Planned Unit Developments.
Measures of protection shall include design solutions that allow for construction and grading
involving a minimum of alteration to sensitive areas. Where these areas are to be incorporated into
lots within the proposed subdivision, the subdivider shall be required to demonstrate that the
proposed design will not require construction on slopes that exceed twelve (12) percent or result in
significant alteration to the natural drainage system, such that adverse impacts cannot be confined
within the plat boundary.
SECTION 1202.06:
PUBLIC LANDS:
Subd. 1. Park Dedication - Land: Because a new subdivision or commercial land development creates
a need for parks, playgrounds and open space, eight (8) percent of the total area of each new
subdivision or its equivalent shall be dedicated for such use. Such area must be suitable for parks
and playgrounds and shall conform to the City plan for parks and playgrounds within the City
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Subd. 2. Park Dedication - Fees: In lieu of requiring dedication of an area for parks and playgrounds,
the City, at its option, may require a developer to pay into the City Park Fund a sum of money
equivalent to eight (8) percent of the value of the raw land contained in the proposed subdivision or
commercial land development. The value of the raw land contained in the proposed subdivision or
development shall be determined by the City Assessor; or as an alternative, the City may require
the subdivider to pay into the City Park Fund a park dedication fee as provided in Section 1301.02
of this Code.
SECTION 1202.07:
REQUIRED IMPROVEMENTS:
Subd. 1. General Provisions:
a. Development Agreement: Before a final plat is delivered by the City to the subdivider, the
subdivider of the land covered by said plat shall pay all applicable fees and execute and submit
to the City Council a development agreement that shall be binding on its heirs, personal
representatives and assigns, a part of which agreement shall set forth that the subdivider will
cause no private construction to be made on the lands within said plat, nor shall the subdivider
file or cause to be filed any application for building permits for such construction until all
improvements required under this Ordinance have been made or arranged for in the manner
and conforming to the requirements as set forth herein.
b. Financial Guarantee: Prior to the delivery of the approved final flat, the subdivider shall
deposit with the City financial security in an amount of one hundred fifty (150) percent of the
City Engineer's estimated cost of the required improvements within the plat, either in a cash
escrow or letter of credit. The surety involved in said financial guarantees shall be approved
by the City. Release of the the cash escrow or letter of credit shall be conditioned upon:
1. The making and installing of all of the improvements required by the terms and conditions
set forth by the City within one (1) year.
2. Satisfactory completion ofthe work and payment therefore, which was undertaken by the
subdivider in accordance with the developer's agreement referred to above.
3. The payment by the subdivider to the City of all expenses incurred by the City, which
expenses shall include, but not be limited to, expenses for engineering, planning, fiscal,
legal, construction and administration. In instances where a letter of credit is used in lieu
of a cash escrow, the letter of credit shall be in a form satisfactory to the City.
c. City Engineer Approval: No final plat shall be approved by the Council without first receiving
a report signed by the City Engineer certifying that the improvements described therein
together with the agreements and documents required under this Section of the ordinance, meet
the requirements of the City.
d. Maintenance Bond: The City of Shorewood shall require a subdivider to submit a
warranty/maintenance bond in the amount of the original cost of the improvements, which shall
be in force for two (2) years following the final acceptance of any required improvements and
shall guarantee satisfactory performance of the said improvement.
e. As-Built Drawings: "As-built" drawings of all required improvements as required by the City
Engineer shall be furnished to the City by the subdivider in mylar form and electronic form at
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no cost to the City of Shorewood. Such "as-built" drawings and files shall meet format
requirements of the City Engineer. Such "as-built" drawings shall be certified to be true and
accurate by the registered professional engineer responsible for the installation of the
improvements.
f.
illspection/Reimbursement of City Expenses: All of the required improvements to be installed
under the provisions of this Ordinance shall approved by and subject to the inspection of the
City Engineer, or designees. The City Engineer shall assign a field representative to observe
the project from initial construction through completion and acceptance by the City. All of the
City's expenses incurred as the result of the requirement improvements shall be paid to the City
by the subdivider.
Subd. 2. Monuments:
a. Location of Boundary Monuments: Official monuments, as designated and adopted by the
Hennepin County Surveyor's Office and approved by the Hennepin County District Court for
use as judicial monuments, shall be set at each comer or angle on the outside boundary of the
final plat or in accordance with a plan as approved by the City Engineer. The boundary line of
the property to be included within the plat shall be fully dimensioned on the plat. All angles of
the boundary, excepting the closing angle, are to be indicated on the plat and all monuments
and surveyor's irons are to be indicated on the plat. Each angle point of the boundary perimeter
shall be so monumented.
b. Location of Monuments Within the Plat: Pipes or steel rods shall be placed at each lot and at
each intersection of street right-of-way lines. All United States, State, County or other official
bench marks, monuments or triangular stations in or adjacent to the property shall be preserved
in precise position and shall be recorded on the plat. All lot and block dimensions shall be
shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future
surveys shall be shown on the plat. No ditto marks will be permitted in indicating dimensions.
c. Second Monumentation: To insure that all irons and monuments are correctly in place
following the final grading of a plat, a second monumentation shall be required. Proof of the
second monumentation shall be in the form of a surveyor's certificate and this requirement
shall additionally be a condition of certificate of occupancy as provided for in the Shorewood
Zoning Ordinance, as may be amended. As an alternative the subdivider's surveyor may, upon
approval by the City Engineer, place official monuments within the plat after the site grading
has been completed, but no later than one year of the recording of the plat. ill such cases a
letter of credit or cash escrow in form and dollar amount acceptable to the City shall be
submitted to guarantee that the monumentation will be completed.
Subd.3. Street Improvements:
a. Conformance with City Standards: All street improvements shall be designed and conform to
the Minnesota Department of Transportation Road Design Manual, Section 5-291.523, and the
City of Shorewood Department of Public Works Standard Specifications and Detail Plates.
Design and construction specifications shall be subject to the review and approval of the City
Engineer.
b. Acceptance of Streets: No street within the City of Shorewood will be accepted as a public
street, except under the following conditions:
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1. The final bituminous wear course shall not be placed until such time as the approved
bituminous base course has been placed and has sustained one full winter and spring
season. Prior to placement of the wearing surface, the Developer shall obtain written
approval by the City Engineer. Failure to obtain such approval shall result in removal and
replacement of the wearing surface at no expense to the City of Shorewood.
2. The Developer shall be responsible for all snowplowing, sanding, and maintenance of all
roadways within a proposed subdivision until such time as the final lift of bituminous
wearing course has been placed, the City Engineer has reviewed and recommended
acceptance by the City, and City Council has accepted the project, pursuant to inspections.
3. The street will not be accepted until the Council has received a recommendation from the
City Engineer that this street is in good condition and not breaking up or deteriorating in
any way. Upon receipt of such recommendation, the Council will consider a resolution
accepting the street as a public street for snowplowing and maintenance.
c. Boulevards: Boulevards shall be uniformly finished to match the top of the curb and sodded or
seeded to present a finished appearance.
Subd. 4. Community Facilities Improvements:
a. Sanitary Sewer System: Municipal sanitary sewer facilities shall be provided for all proposed
subdivisions and all lots within such subdivision shall be served by the municipal sanitary
sewer system.
b. Water System: Where the City determines it is technically and financially feasible, municipal
water service facilities shall be provided for all proposed subdivisions containing more than
three lots and all lots within such subdivision shall be served by the municipal water system.
Subd. 5. Semi-Public Utilities: Telephone, cable television, electric and gas service shall be installed
underground in accordance with the provisions of all applicable City ordinances.
Subd. 6. Election by City to Install Improvements: In accordance with Shorewood City policy, it is the
subdivider's responsibility to install all required improvements. Pursuant to City policy the
subdivider may petition the City for the installation of required improvements. The City reserves
the right to elect to install all or any part of the improvements required under the provisions of this
Ordinance in lieu of requiring the subdivider to install such improvements, pursuant to Minnesota
Statutes 429, as amended.
SECTION 1202.08
NON-PLATTED SUBDIVISIONS:
Subd. 1. Registered Land Surveys: It is the intention of this Ordinance that all registered land surveys
in the City of Shorewood should be presented to the Planning Commission in the form of a
preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats.
The Planning Commission shall first recommend the arrangement, sizes and the relationships of
proposed tracts in such registered land surveys, and tracts to be used as easements or roads should
be so dedicated. Unless a recommendation and approval have been obtained from the Planning
Commission and City Council respectively, in accordance with the standards set forth in this
Ordinance, building permits will be withheld for buildings on tracts that have been so subdivided
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by registered land surveys, and the City may refuse to take over tracts as streets or roads or to
improve, repair or maintain any such tracts unless so approved.
Subd. 2. Minor Subdivision and Lot Combination:
a. Application: This Subdivision shall apply to the following applications:
1. Requests to divide a portion of a lot or lots where the division is to permit the adding of a
parcel of land to an abutting lot or lots so that no additional lots are created and all new
lots conform to the Zoning Code minimum lot size standards.
2. Requests to combine two (2) existing platted lots or lots of record in the R-1D zoning
district.
(a) Of which one or both lots are nonconforming due to insufficient lot size, width or
depth; and
(b) That results in a single lot that is not greater in area than one hundred twenty five
(125) percent of the minimum lot size for the R-1D zoning district.
3. Requests to divide a lot from a larger tract ofland thereby creating no more than two (2)
lots, each of which meet the minimum size and area requirements for the zoning district in
which the property is located. In the R-1D, Single-Family Residential zoning district, as
provided for in the Shorewood Zoning Code, neither lot may be greater than one hundred
twenty five (125) percent of the minimum lot size for the zoning district. To qualify,
neither of the lots resulting from the division may be capable of being further divided. Nor
may the property have been part of a previous minor subdivision or metes and bounds
conveyance since 1985.
4. Requests to divide a base lot, as defined by the Shorewood Zoning Code, upon which has
been constructed a two-family dwelling, townhouse or quadraminium, where the division
is to permit individual private ownership of a single dwelling unit within such structure
and the newly created property lines will not cause any of the unit lots, as defined by the
Shorewood Zoning Code, or the structure to be in violation of this Ordinance, the Zoning
Code or the State Building Code.
b. Data Requirement for Minor Subdivision or Lot Combination:
1. Certificate of Survey: The requested minor subdivision shall be prepared in the form of a
certificate of survey by a registered land surveyor.
2. Property Description and Submission Information: The data and supportive information
detailing the proposed subdivision shall be the same as required for a preliminary plat as
set forth in Section 1202.04 Subd. 2. of this Ordinance. The Zoning Administrator may
exempt the subdivider from certain of the informational requirements.
3. Proposed Legal Descriptions/Drainage Utility Easements: The subdivider's registered
land surveyor shall prepare legal descriptions for the proposed new lots, any street right-
of-way or conservation easements that may be required as part of the minor subdivision
approval, and for drainage and utility easements, ten feet on each side of each lot line.
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Additional easement width may be required based upon the recommendation of the City
Engineer.
4.
Proof of Ownership: Prior to release of a Council resolution approving a minor
subdivision, the subdivider shall submit an up-to-date from within the last thirty (30) days
title opinion for review and approval by the City Attorney.
5.
Deeds for Easements and Street Right-of-Way: Prior to release ofa Council resolution
approving a minor subdivision, the subdivider shall submit deeds in favor of the City of
Shorewood for any easements or public right-of-way that may be required as part of the
minor division.
c. Minor Sudivision or Lot Combination Procedure: The procedure for considering a minor
subdivision or lot combination as described in Subd. 2.a., above shall be as follows:
1. The subdivider shall schedule a meeting with the Zoning Administrator to determine
whether the application qualifies as a minor subdivision as described in Subd. 2.a., above.
A lot combination, as described in Subd. 2.a., above, may be approved for recording with
the Hennepin County Recorder by the Zoning Administrator.
2. The subdivider must submit an application, all required information and a fee as required
in Chapter 1301 of the Shorewood City Code by the first Tuesday of any given month in
order to be placed on the Planning Commission agenda for the first Tuesday of the
following month.
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3. The Zoning Administrator shall refer the application to all appropriate City staff for
review and comment.
4. The application and any reports prepared by City staff shall be considered at a regular
meeting of the Planning Commission at which the subdivider shall be present to answer
questions concerning the proposed subdivision.
5. The Planning Commission shall make its recommendation to the City Council within sixty
(60) days of the date of the Planning Commission meeting at which the application is first
considered.
6. Upon receipt of the application, any reports prepared by City staff, and the Planning
Commission's recommendation, the City Council shall take action within forty-five (45)
days of the date of the Council meeting at which the application is first considered.
Approval of the application requires a simple majority vote of the full City Council.
7. The subdivider must record the minor subdivision, and any required deeds for easements
or street right-of-way with the Hennepin County Recorder within thirty (30) days of the
date it receives the resolution approving the subdivision. Failure to record the subdivision
within thirty (30) days shall void the approval. No building permits shall be issued for
new lots until the subdivider has provided proof of recording.
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SECTION 1202.09
VARIANCES AND APPEALS
Subd. 1. Findings: The Planning Commission may recommend a variance from the minimum standards
of this Ordinance, but not procedural provisions, when in its opinion, undue hardship may result
from strict compliance. In recommending any variance, the Commission shall prescribe any
conditions that it deem necessary to or desirable for the public interest. In making its
recommendations, the Planning Commission shall take into account the nature of the proposed use
of land and the existing use of land in the vicinity, the number of persons to reside or work in the
proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in
the vicinity. A variance shall only be recommended when the Planning Commission finds:
a. There are special and highly unique circumstances or conditions affecting said property that
are not common to other properties in the City and that the strict application of the provisions
of this Ordinance would deprive the applicant of the reasonable and minimum use of its land.
b. That the granting of the variance will not be detrimental to the public health or welfare or
injurious to other property in the vicinity in which the property is situated.
c. That the variance is to correct inequities resulting from an extreme hardship limited to
topography, soils or other physical factors of the land.
After consideration of the Planning Commission recommendations, the City Council may grant
variances, subject to a.,b. and c. above.
Subd.2. Variance Application Procedures:
a. Procedure:
1. Application: Appeals or requests for variances, as provided within this Ordinance, shall
be filed with the Zoning Administrator on an official application form. Such application
shall be accompanied by a fee as provided for by City Council resolution. This fee shall
not be refunded. Such application shall also be accompanied by five (5) copies of
detailed written and graphic materials fully explaining the proposed change, development,
or use and a mailing list of property owners located within five hundred feet (500') of the
subject property obtained from and certified by Hennepin County.
2. Staff Review/Technical Assistance Reports: Upon receipt of an application for appeal or
variance, the Zoning Administrator shall, when deemed necessary, refer the request to
appropriate staff to insure that informational requirements are complied with. When all
informational requirements have been complied with, the request shall be considered
officially submitted. Also, when deemed necessary, the Zoning Administrator shall
instruct the appropriate staff persons to prepare technical reports and/or provide general
assistance in preparing a recommendation on the request to the Planning Commission and
City Council.
3. Public Hearing: Upon official submission of the request, the Zoning Administrator shall
set a public hearing on the request for the next regularly scheduled Planning Commission
meeting occurring at least ten (10) days from such date as a notice of the hearing is
published in the official newspaper. Such notice shall contain a legal property
description, a description of the request, and shall be published no more than thirty (30)
days and no less than ten (10) days prior to the hearing. Written notification of the
hearing shall also be mailed at least ten (10) days prior to the date of the hearing to all
owners of land within five hundred (500) feet of the boundary of the property in question.
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Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Ordinance.
4.
Planning Commission Action: The Planning Commission shall conduct the public
hearing, at which time the applicant or a representative thereof shall be present to answer
questions concerning the proposed request.
a. The Planning Commission shall consider possible adverse effects of the appeal or
variance. In the case of a variance request, the Planning Commission's judgment
shall be based upon (but not limited to) the conditions set forth in Subd. 1., above.
b. The Planning Commission and City staff shall have the authority to request any
addtional information from the applicant deemed necessary to establish
performance conditions pertaining to the request.
c. The Planning Commission shall make a finding of fact and recommend such
actions or conditions relating to the request as they deem necessary to carry out the
intent and purpose of this Ordinance. Such recommendation shall be in writing and
accompanied by any report and recommendation of the City staff. The written
recommendation of the Planning Commission shall be forwarded to the Zoning
Administrator for referral to the City Council within sixty (60) days ofthe opening
of the public hearing.
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5. Referral to City Council: Upon receipt of the Planning Commission report and
recommendation, or within sixty (60) days of the opening ofthe public hearing by the
Planning Commission, the Zoning Administrator shall place the request and any report or
recommendation on the agenda of the next regularly scheduled meeting of the City
Council.
6. City Council Action: Upon receiving the request and any report or recommendation of
the Planning Commission and the City staff, the City Council shall have the option to set
and hold a public hearing if deemed necessary and shall make a recorded finding of fact.
a. Approval of a request shall require passage by a simple majority vote of the full
City Council.
b. The Council may impose any condition it considers necessary to protect the public
health, safety and welfare.
c. Whenever an application for a variance has been considered and denied by the City
Council, a similar application for the variance affecting substantially the same
property shall not be considered again by the Planning Commisison or City Council
for at least six (6) months from the date of its denial; and a subsequent application
affecting substantially the same property shall likewise not be considered again by
the Planning Commission or City Council for an additional six (6) months from the
date of the second denial, unless a decision to reconsider such matter is made by not
less than a simple majority vote of the full City Council.
d.
The City Council serving as the Board of Adjustment and Appeals shall, after
receiving the written report and recommendation of the Planning Commission and
the City staff, make a finding of fact and make a decision on appeals where it is
alleged by the appellant that an error has occurred in any order, requirement,
decision or determmination made by the Zoning Administrator in the enforcement
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of this Ordinance. However, said appeal shall be filed not later than ninety (90)
days after the applicant has received a written notice from the Zoning Administrator
or said appeal shall be considered void.
SECTION 1202.10
VIOLATIONS AND PENALTY:
Subd. 1. Misrepresentation as to Construction, Supervision, or Inspection ofImprovements: It shall be
unlawful for any person, firm or corporation owning an addition or subdivision ofland within the
City to represent that any improvement upon any of the streets, alleys or avenues of said addition
or subdivision, or any sewer in said addition or subdivision has been constructed according to the
plans and specifications approved by the City Councilor has been supervised or inspected by the
City, when such improvements have not been so constructed, supervised or inspected.
Subd.2. Penalty. Anyone violating any of the provisions of this Ordinance shall be guilty of a
misdemeanor punishable by a fine and imprisonment as provided in state statutes.
SECTION 1202.11
ENACTMENT:
This Ordinance shall take effect upon its adoption and publication.
Adopted this 11th day of February, 2002
City of Shorl1or
BY: UD
Woody Love, Mayor
ATTEST:
Published III the Official Newspaper (Sun-Sailor) of the City of Shorewood the 20th day of
February, 2002.
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CITY OF SHOREWOOD
RESOLUTION NO. 02-019
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 380 BY TITLE AND SUMMARY
WHEREAS, on 11 February 2002, the City Council of the City of Shorewood
adopted Ordinance No. 380, entitled "an Ordinance for the Purposes of Promoting
Orderly and Systematic Planning of Subdivision and Land Development in the City of
Shorewood, Minnesota"; and
WHEREAS, the City staff has prepared a summary of Ordinance No. 380, as
follows:
The Ordinance establishes certain rules and standards for the subdivision of land within
the City of Shorewood. Among the significant features of the amendment are the
following:
1. Complete update of the current Code which was originally adopted in 1977.
2. Brings the regulations up to date with current statutes and related City
ordinances.
3. Implements the Shorewood Comprehensive Plan.
4. Establishes procedures for the review and approval of development requests.
5. Enhances provisions for minor subdivisions and combinations.
A COPY OF THE ENTIRE TEXT OF THE ORDINANCE IS AVAILABLE IN
THE OFFICE OF THE CITY ADMINISTRATOR/CLERK.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No.
380 clearly informs the public of intent and effect of the ordinance.
2. The City Clerk is directed to publish this resolution, in lieu of publication
of the entire text of Ordinance No. 380, pursuant to Minnesota Statutes,
Section 412.191, subdivision 4.
3. The City Administrator is directed to post a copy of the entire text of
Ordinance No. 380 on the city bulletin board, beginning 12 February 2002,
and ending 12 March 2002.
. ADOPTED by the Shorewood City Council on this 11th day of February, 2002.
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WOODY LOVE, MAYOR
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 381
AN ORDINANCE AMENDING CHAPTER 801 OF THE
SHOREWOOD CITY CODE RELATING TO
OPERATION OF VEHICLES IN PARKS OR ON PUBLIC GROUNDS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 801.06, Subd. 2 and Subd. 3 of the Shorewood City Code shall be
amended to read as follows:
Subd. 2 Parking of Vehicles in Parks or on Public Grounds: No person shall park a motor
vehicle in parks or on public grounds except in designated parking areas and where parking areas
provide for striped and/or posted parking stalls. No person shall park more than one (1) motor
vehicle per designated parking stall. For purposes of this section, parking shall not include those
attended vehicles stopped in the process of accessing public waters.
Subd. 3 Violations. Violations of the provisions of this section may be subject to a fine not to
exceed $200.00 and/or towing.
Section 2. This ordinance shall be in full force and effect following its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 25th day of February, 2002.
{LI '
WOODY LOVE, MAYOR
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 382
AN ORDINANCE AMENDING SECTION 1201.26 SUBD. 4.
OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP
Section 1. Section 1201.26 Subd. 4. of the Shorewood City Code is hereby
amended, deleting "DNR Identification Number 27-143, Linden Lake - RD," from Table
1- SURFACE WATER DISTRIBUTION.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shorewood, removing Lake Linden from the RD, Shoreland
Overlay District.
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspapers of the City of Shore wood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th
day of March 2002.
WOODY LOVE, MAYOR
ATTEST:
. DAWSON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 383
AN ORDINANCE AMENDING SECTION 1201.04 SUBD. 1. AND SECTION
1201.05 SUBD. 3. (VOTING REQUIREMENTS FOR CERTAIN ZONING
ACTIONS) OF THE SHOREWOOD ZONING CODE
Section 1. Section 1201.04 Subd. 1.f.(l) ofthe Shorewood City Code is hereby
amended to read as follows:
"(1) Approval of a request for a zoning district amendment, where the
classification of a property will change from residential to commercial, shall
require passage by a four-fifths (4/5) vote of the full City Counci1. Requests for
all other zoning district amendments, text amendments and conditional use
permits shall require a simple majority vote of the full City Counci1."
Section 2. Section 1201.04 Subd. 1.f.(4) ofthe Shorewood City Code is hereby
amended to read as follows:
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"(4) Whenever an application for an amendment or conditional use permit
has been considered and denied by the City Council, a similar application for the
amendment or conditional use permit affecting substantially the same property
shall not be considered again by the Planning Commission or City Council for at
least six (6) months from the date of its denial; and a subsequent application
affecting substantially the same property shall likewise not be considered again by
the Planning Commission or City Council for an additional six (6) months from
the date of the second denial, unless a decision to reconsider such matter is made
a simple majority of the full City Counci1."
Section 3. Section 1201.05 Subd. 3.f.(1) ofthe Shorewood City Code is hereby
amended to read as follows:
"(1) Approval of a request shall require passage by a simple majority vote
of the full City Counci1."
Section 4. Section 1201.05 Subd. 3.f.(3) of the Shorewood City Code is hereby
amended to read as follows:
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(3) Whenever an application for a variance has been considered and
denied by the City Council, a similar application for the variance
affecting substantially the same property shall not be considered again
by the Planning Commission or City Council for at least six (6)
months from the date of its denial; and a subsequent application
affecting substantially the same property shall
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likewise not be considered again by the Planning Commission or City Council for
an additional six (6) months from the date of the second denial, unless a decision
to reconsider such matter is made by not less than a simple majority vote of the
full City Council."
Section 5. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspaper of the City of Shore wood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th
day of March 2002.
ATTEST:
. DAWSON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 384
AN ORDINANCE AMENDING CHAPTER 106 OF THE SHOREWOOD CITY
CODE RELATING TO MUNICIPAL ELECTIONS
Section 1. Section 106.01 of the Shorewood City Code is hereby deleted and
replaced with the following:
106.01: BIENNIAL ELECTIONS: Pursuant to Minnesota Session Laws 2000,
Chapter 257, the City of Shorewood shall provide for election of city council members by
wards and may provide for staggering of terms. Minnesota Statutes Sections 204B.135
and 205.84. The ward boundaries and staggering of terms shall be as follows:
Subd. 1
WARD BOUNDARIES
Ward 1
All of the City lying west of Cathcart Drive, north of Smithtown Road and west of
Eureka Road, described as follows:
Commencing at the point of the shoreline of Lake Minnetonka that intersects with
the southerly boundary of the City, easterly to the intersection of Cathcart Drive
and West 62nd Street, northerly along Cathcart Drive to its intersection with
Smithtown Road, easterly along Smithtown Road to its intersection with Eureka
Road, northerly along Eureka Road to the shoreline of Lake Minnetonka, westerly
along said shoreline to the point of beginning; and Goose Island, Spray Island,
Shady Island and that part of Enchanted Island that lies within the City limits.
Ward 2
All of the City lying east of Cathcart Drive, south of Smithtown Road, east of
Eureka Road and north of Yellowstone Trail to the northerly City limits,
described as follows:
Commencing at the intersection of Cathcart Drive and West 62nd Street, easterly
along the southerly border of the City limits to its intersection with State Highway
7, easterly along State Highway 7 to its intersection with Yellowstone Trail,
easterly along Yellowstone Trail to the ShorewoodlExcelsior City border,
northerly along the ShorewoodlExcelsior City border to the shoreline of Lake
Minnetonka, westerly along the shoreline of Lake Minnetonka to the
ShorewoodITonka Bay City border, westerly along the ShorewoodITonka Bay
City border to the shoreline of Lake Minnetonka, westerly along the shoreline of
Lake Minnetonka to its intersection with Eureka Road, southerly along Eureka
Road to its intersection with Smithtown Road, westerly along Smithtown Road to
its intersection with Cathcart Drive, southerly along Cathcart Drive to the point of
beginning; and including Duck Island, Frog Island, and Gale Island.
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CITY OF SHOREWOOD
ORDINANCE NO. 384
Page 2
Ward 3
All of the City lying east of the of the southerly border of the City limits and its
intersection with State Highway 7, south of Yellowstone Trail, south of Radisson
Road, and south of Covington Road, described as follows:
Commencing at the southerly border of the City limits from its intersection with
State Highway 7, easterly along the southerly border of the City limits to the
southeast corner of the City limits, northerly along Vine Hill Road to its
intersection with Covington Road, westerly along Covington Road to its
intersection with Radisson Road, westerly along Radisson Road to the
ShorewoodlExcelsior City border, westerly along the ShorewoodlExcelsior City
border to its intersection with Yellowstone Trail, westerly along Yellowstone
Trail to its intersection with State Highway 7, westerly along State Highway 7 to
the point of beginning.
Ward 4
All of the City lying north of Radisson Road and north of Covington Road.
Subd.2
A WARD MAP IS ATTACHED AS EXHIBIT A.
Subd. 3
STAGGERING OF TERMS
Effective with the 2002 Municipal Election, the following shall be the schedule
for the staggering of terms to incorporate ward elections:
2002 Election
2004 Election
Elections remain at-large in 2002, with two-year terms
Elect Wards 1 and 3 for two-year terms
Elect Wards 2 and 4 for four-year terms
Elect Wards 1 and 3 for four-year terms
2006 Election
Section 2. That this Ordinance shall be in full force and become effective on
September 10, 2002 and for the conduct of the September 10, 2002 election.
ADOPTED BY THE CITY COUNCIL OF THE CITY 0
day of April 2002.
WOODY LOVE, MAYOR
N, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 385
AN ORDINANCE AMENDING CHAPTER 507
OF THE SHOREWOOD CITY CODE RELATING TO
SPRING CLEANUP
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 507.09, Sub. 1 of the Shorewood City Code shall be amended to read as follows:
Sub. 1. Curbside Pickup: Items must be on the curb by seven o'clock (7:00) A.M. and
will be picked up at residential sites only. The following items will be accepted for
curbside pickup:
- Brush, cut in four foot (4') lengths and bundled so as to be manageable by one person;
- Yard waste in bags, grass clippings, and leaves;
- General household rubbish, including small furniture items.
Brush and yard waste must be piled and separated from the trash.
The following items will not be accepted for curbside pickup:
- Construction debris, lumber, blocks, sheetrock, and other building materials;
- Chemicals, liquid paint, weed spray, solvents, and other chemical products. (Ord. 237,
5-13-91)
A fee as provided in Section 1301.02 of this Code will be charged to each residential unit
within the City for the pickup service. The fee will be based upon the total cost of the
service to the City, apportioned equally among the residential units within the City and
will be included in the utility billing statement sent to each residential account for the
second quarter of the year.
Section 2. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 28th day of May, 2002.
J
ATTEST:
A WSON, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
ORDINANCE NO. 386
AN ORDINANCE AMENDING TITLE 300 OF THE
SHOREWOOD CITY CODE, ESTABLISIDNG REGULATIONS FOR FIREWORKS
DEALER'S LICENSE FEES AND THE
SALE OF PERMITTED CONSUMER FIREWORKS
Section 1. Title 300 of the Shorewood City Code is hereby amended to include:
CHAPTER 311
FIREWORKS DEALER'S LICENSE REQUIREMENTS AND THE
SALE OF PERMITTED CONSUMER FIREWORKS
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311.01 PURPOSE AND FINDINGS: The purpose of this Chapter is to regulate the sale
of permitted consumer fireworks in order to protect the health, safety and welfare of the general
public. The City Council makes the following findings regarding the need to license and
regulate the sale, distribution, storage, and display of fireworks permitted under State law:
(a) consumer fireworks contain pyrotechnic chemical compositions that are
combustible; accordingly, the unregulated accumulation, storage, display and sale of these items
present a fire safety hazard.
(b) the improper disposal of consumer fireworks presents environmental hazards.
(c) regular inspection, sampling and testing of the consumer fireworks being offered for
sale is necessary to assure compliance with the limitations set forth in Minnesota Statutes
~624.20, subd. 1 (c), as to chemical content.
(d) regular police inspections are necessary to prevent the sale of these materials to
minors.
(e) regular inspections by the Fire Marshal are necessary to prevent improper display,
storage and disposal of consumer fireworks.
(f) accurate information concerning the addresses and locations of persons dealing in
permitted consumer fireworks in the City is necessary to facilitate the inspection of the premises
for compliance with necessary safety regulations and performance standards and to assist the
City in responding to any emergency situation arising out of or adjacent to this business.
311.02 DEFINITIONS: The following words and terrn.s, when used in this Chapter,
shall have the following meanings unless the context clearly indicates otherwise:
Adult - a person 18 years of age or older.
Business - refers to the business of selling, storing or displaying any form of permitted
consumer fireworks.
Issuing Authority - the City of Shorewood License Section.
Licensed premises - the premises described in the approved license application and
approved site plan for the sale, display and storage of permitted consumer fireworks.
Licensee - the person to whom a license is issued under this Chapter, including any
. agents or employees of the person.
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Movable place of business - a business whose physical location is not permanent or is
capable of readily being moved or changed, including without limitation commercial transactions
conducted in whole or in part from motorized vehicles, non-permanent stands, mobile sales
kiosks, trailers, tents or carts.
Permitted con,sumer fireworks - those non-explosive, non-aerial pyrotechnic
entertainment devices containing only the limited amounts of pyrotechnic chemical compositions
permitted by Minnesota Statutes ~ 624.20, subd. l(c).
Person - one (1) or more natural persons; a partnership, including a limited partnership;
a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political
subdivision of the State; or any other business organization.
Transient merchant - any person who engages in or transacts any temporary and
transient business in the City, either in one locality or in traveling from place to place in the City
selling merchandise and who, for the purpose of carrying on such business, hires, leases,
occupies or uses a building, stand, tent, trailer, cart, structure, vacant lot or motor vehicle for the
exhibition and sale of such merchandise.
311.03 LICENSE REQillRED: No person shall keep for retail sale or wholesale
distribution, sell at retail or wholesale, or otherwise supply or furnish as part of a commercial
transaction any permitted consumer fireworks without first having obtained a current license
hereunder, paid the required license fee and conspicuously posted the license on the licensed
premises. Issuance of a license under this Chapter shall not relieve the person from obtaining
any other licenses required by City Code, state law or federal law to conduct this or other
businesses at the same or any other location.
311.04 LICENSE FEE AND TERM OF LICENSE:
(a) The annual license fee shall be as set forth in Section 1301.02 of this Code. The
license fee shall cover the administrative and enforcement costs, including the conduct of
unannounced compliance checks, inspections by the Fire Marshal, inspections by the Police
Department, as well as sampling and testing of the merchandise to ascertain chemical content.
Full payment of the required license fee shall accompany the application.
(b) When the license is for premises not ready for occupancy, the time fixed for
computation of the license fee for the initial license period shall be ninety (90) days after
approval of the license or upon the date the building is ready for occupancy, whichever is sooner.
(c) When a new license application is submitted as a result of incorporation by an
existing licensee and the ownership, control, and interest in the license are unchanged, no
additional fee shall be required.
(d) A separate fee and license shall be required for each separate, non-contiguous
licensed premises, even if owned and operated by the same licensee. The annual license shall be
effective for one (1) year from the date of approval. An application for the renewal of an
existing license shall be made prior to the expiration date of the license and shall be made in such
form as the Issuing Authority requires.
311.05 MOBILE SALES OR SALES BY TRANSIENT MERCHANTS: No license
shall be issued for the sale of permitted consumer fireworks at a movable place of business,
including without limitation, mobile sales made from motorized vehicles, mobile sales kiosks,
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non-permanent stands or trailers. No license shall be issued hereunder to transient merchants or
as a seasonal or temporary sale's license.
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311.06 LICENSE APPLICATION:An application for a license under this Chapter shall
be made on a form supplied by the Issuing Authority and shall contain the following
information:
(1) Whether the applicant is a natural person, corporation, partnership or any other
business association or organization.
(2) The applicant's full legal name, mailing address and telephone number.
(3) The street address or legal description of the premises to be licensed.
(4) Whether all real estate and personal property taxes that are due and payable for
the premises to be licensed have been paid, and if not paid, the years and amounts that are
unpaid.
(5) Whenever the application is for premises either planned or under construction
or undergoing substantial alteration, the application shall be accompanied by a set of preliminary
plans showing the design of the proposed premises to be licensed. If the plans or design are on
file with the City of Shorewood Building and Inspection Department, no plans need be submitted
with the Issuing Authority.
(6) If the applicant does not own the business premises, a true and correct copy of
the current, executed lease, as well as, the written authorization of the property owner for the
applicant's use of the property for the sale of permitted consumer fireworks.
(7) The applicant's hours of operation, on-site management and parking facilities.
(8) A detailed site plan illustrating and describing the proposed sales and storage
areas covered by the license.
(9) The full name, mailing address, and telephone number of the person in charge
of the licensed premises.
(10) Such other information as the City Council or Issuing Authority may require.
311.07 INSURANCE REQUIRED: All licensees must have at all times a valid
certificate of insurance issued by an insurance company licensed to do business in the State of
Minnesota evidencing that the applicant's use of the property is currently covered by a liability
insurance policy. The minimum limits of coverage for such insurance shall be:
(a) each claim, at least $200,000;
(b) each incident, at least $500,000.
Such insurance shall be kept in force during the term of the license and the licensee must provide
for prior notification to the City of Shorewood should the policy be terminated or canceled. A
certificate of insurance must accompany all initial and renewal license applications.
311.08
LICENSE APPLICATION VERIFICATION AND CONSIDERATION
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(a) Verification. Applications for a license under this Chapter shall be submitted to the
Issuing Authority who shall verify the information on the application form. The Issuing
Authority is empowered to conduct any and all investigations to verify the information on the
application, including ordering a computerized criminal history inquiry and/or a driver's license
history inquiry on the applicant.
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(b) Consideration. After verifying the information contained on the license application,
the Issuing Authority shall then route the application to the Fire Marshal who shall review the
site plan and determine if the manner of storage, display or sales area of the licensed premises
constitutes a fire or safety hazard. In assessing the potential hazard, reference shall be made to
all applicable state and federal laws, rules and regulations, as well as the administrative standards
for the storage, display and sales of permitted consumer fireworks established by the Fire
Marshal. If the Fire Marshal finds no such hazard with the proposed site plan, the Issuing
Authority shall grant the license in accordance with this Chapter. If an application is granted for
a location where a building is under construction or not ready for occupancy, the license shall not
be delivered to the licensee until a certificate of occupancy has been issued for the licensed
premises.
(c) Denial of Application. If the application is denied, the Issuing Authority shall notify the
applicant of that determination in writing. The notice shall be mailed by certified and regular
mail to the applicant at the address provided in the application and it shall inform the applicant of
the applicant's right, within twenty (20) days after the date of the notice to request an appeal of
the denial to the City Council. If an appeal to the City Council is timely received by the Issuing
Authority, the hearing before the City Council shall take place within a reasonable period
thereafter.
311.09
PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.
(a) Persons Ineligible. No original or renewal license under this Chapter shall be issued to
an applicant who if such applicant or any manager, proprietor, or agent in charge of the business
to be licensed:
(1) Is not eighteen (18) years of age or older on the date the license application is
submitted to the Issuing Authority;
(2) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes ~364.03, subd. 2, and has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties of a purveyor of permitted
consumer fireworks as prescribed by Minnesota Statutes ~364.03, subd. 3;
(3) Is not of good moral character or repute;
(4) Has knowingly falsified or misrepresented information on the license application;
(5) Is not the real party in interest in the business being licensed; or
(6) Owes taxes or assessments to the State, County, School District, or City that are
due and delinquent.
(d) Locations Ineligible. The following locations shall be ineligible for a license under this
Chapter:
(1) Claims Due. No license shall be granted or renewed for operation on any property
on which taxes, assessments, or other financial claims of the State, County, School District, or
City are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota
Statutes ~~278.01-278.13, questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after
becoming due.
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(2) Improper Zoning. No license shall be granted if the property is not properly zoned
for the activity being licensed under Chapter 1201 of this Code, unless the business is a legal,
nonconforming use.
311.10
LICENSE RESTRICTIONS.
(a) License Display. A license issued under this Chapter must be posted in a conspicuous
place in the premises for which it is used. The license issued is only effective for the compact
and contiguous space specified in the approved license application.
(b) Licensed Premises. A separate license is required for each place of business.
(c) Change in Ownership. Any change, directly or beneficially, in the ownership of the
licensed business shall require the application for a new license and the new owner must satisfy
all current eligibility requirements.
(d) Non-transferable.Each license under this Chapter shall be issued to the applicant only
and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a
license to another person.
(e) Location restrictions. A license under this Chapter authorizes the licensee to carryon
its business only at the permanent place of business designated on the license. However, upon
written request, the City may approve an off-site locked and secured storage facility. Such a site
must meet all City zoning requirements and must have the written approval of the Fire Marshal.
The licensee shall permit inspection of the facility in accordance with this Chapter. Property
shall be stored in compliance with all provisions of the City Code and in compliance with the
standards established by the Fire Marshal. The licensee must either own the building in which
the business is conducted, and any approved off-site storage facility, or have a lease on the
business premises which extends for more than six (6) months. No retail business transactions
shall be conducted at this off-site storage site.
311.11
RESTRICTIONS REGARDING OPERATION.
(a) Prohibited Transactions. No licensee, clerk, agent or employee thereof shall sell,
distribute or furnish any permitted consumer fireworks to a person under the age of eighteen (18)
years, any person who is obviously intoxicated, chemically impaired or incompetent, or any
person who fails to present competent age identification in the form of a current, valid Minnesota
driver's license, current, valid Minnesota identification card, or current, valid photo driver's
license or photo identification issued by another state or a province of Canada.
(b) Inspection of Items. The licensee must, at all times during the term of the license,
allow the authorized agents of the City Police Department, the Fire Marshal or Issuing Authority
to enter the premises where the licensed business is located, including all display areas, storage
areas and all approved off-site storage facilities, during normal business hours, or beyond normal
business hours where the inspector determines an emergency situation exists, for the purpose of
inspecting such premises and inspecting the items, ware, and merchandise therein for the purpose
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of verifying compliance with the requirements of this Chapter, and any other applicable state and
federal regulations. Upon request, the licensee must provide a test sample to the inspector for the
purpose of verifying the chemical content of the merchandise.
(c) Maintenance of Order. A licensee under this Chapter shall be responsible for the
conduct of the business being operated and shall maintain conditions of order.
(d) Smoking Prohibited. A licensee under this Chapter must strictly prohibit any cigarette,
cigar, or pipe smoking in or around the licensed premises and conspicuously post and maintain
appropriate "NO SMOKING" signage throughout.
(e) Proper Disposal of Unsold Permitted Consumer Fireworks. It shall be the
responsibility of the licensee to properly dispose of all unsold permitted consumer fireworks.
Any consequential cost to the City for disposal of these goods shall be the ultimate responsibility
of the licensee.
(f) Maintenance of Sales and Storage Areas. Any significant deviation, enlargement or
alteration from the approved site plan for the sales display and storage areas covered by the
license must be pre-approved in writing by Fire Marshal.
(g) Confiscation and Destruction of Illegal Fireworks. Any authorized agent of the
police department or Fire Department may seize, take, remove or cause to be removed all stocks
of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this
Chapter or applicable state or federal law. Any consequential cost to the City for disposal of
these goods shall be the ultimate responsibility of the licensee.
311.12
SANCTIONS FOR LICENSE VIOLATIONS.
(a) Suspension or Revocation. The City Council may suspend or revoke a license issued
pursuant to this Chapter for a violation of:
(1) Fraud, misrepresentation, or false statement contained in a license application or a
renewal application.
(2) Fraud, misrepresentation, or false statement made in the course of carrying on the
licensed occupation or business.
(3) Any violation of this Chapter or state law.
(4) A licensee's criminal conviction that is directly related to the occupation or
business licensed as defined by Minnesota Statutes ~364.03, subd. 2, provided that the licensee.
cannot show competent evidence of sufficient rehabilitation and present fitness to perform the
duties of the licensed occupation or business as defined by Minnesota Statutes ~364.03, subd. 3.
(5) Conducting the licensed business or occupation in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or
general welfare of the community.
(6) Any significant unauthorized deviation, enlargement or alteration of the approved
site plan for the storage and sales display areas of the licensed premises shall, in and of itself,
constitute a basis for license revocation.
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(b) Notice of Hearing. A revocation or suspension by the City Council shall be preceded
by written notice to the licensee and a hearing. The notice shall give at least eight (8) days'
notice of the time and place of the hearing and shall state the nature of the charges against the
licensee. The notice shall be mailed by regular and certified mail to the licensee at the most
recent address listed on the license application.
311.13 PENALTY:
Minnesota law.
A violation of this Chapter shall be a misdemeanor under
311.14 SEVERABILITY: If any section, subsection, sentence, clause, or phrase of
this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Chapter. The City Council hereby declares that it would have adopted
this Chapter and each section, subsection, sentences, clause, or phrase thereof, irrespective of the
fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SH
day of June 2002.
WOODY LOVE, MAYOR
ATTEST:
A WSON, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
ORDINANCE NO. 387
AN ORDINANCE AMENDING CHAPTER 603 OF THE
SHOREWOOD CITY CODE RELATING TO OFFENSES INVOLVING
PUBLIC HEALTH AN SAFETY
Section 1. Section 603.05, Subd. 3 of the Shorewood City Code is hereby deleted and replaced with
the following:
603.05: Offenses fuvolving Public Health and Safety
Subd. 3: Restrictions on the Discharge of Fireworks:
(a) The use, display, possession, discharge or sale of any fIreworks not expressly permitted
by Minnesota Statutes ~624.20, subd. l(c) is strictly prohibited.
(b) All use, display or discharge of those non-explosive, non-aerial pyrotechnic entertainment
devices only containing the limited amounts of pyrotechnic chemical compositions described in and
permitted by Minnesota Statutes ~624.20, subd. l(c), hereinafter "permitted consumer fIreworks", is
strictly prohibited in the area on, below, above or within or in close proximity to:
(1) Recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths,
sidewalks, rights of way, lakes, rivers, waterways and all other property owned or leased by the
City of Shorewood, County of Hennepin, State of Minnesota or federal government and located
in whole or in part within the City limits.
(2) Private property within the City limits that has conspicuously posted a written sign
or notice that no fIreworks discharge is allowed.
(3) Within three hundred (300) feet of any consumer fIreworks retail sales facility or
storage area that has properly posted a written sign or notice that no fIreworks discharge is
allowed.
(4) Any property, area, structure or material that by its physical condition or the physical
conditions in which it is set would constitute a fire or personal safety hazard.
(b) All other use, display or discharge of permitted consumer fIreworks must be conducted in a
manner that minimizes the risk of fIre or injury to other persons or property.
Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY 0
June 2002.
WOODY LOVE, MAYOR
ATTEST:
A WSON, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 388
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described as:
"Lot 11, LINDEN PARK, according to the plat thereof on file and of record in the
office of the County Recorder, Hennepin County Minnesota, together with that part of
vacated Maple Street which accrued thereto by reason of its vacation thereunder."
in the C-3, General Commercial zoning district.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shorewood to include the property in the C-3, General
Commercial zoning district.
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th
day of July 2002.
a
ATTEST:
WSON, CITY ADMINISTRATOR/CLERK
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add:
CITY OF SHOREWOOD
ORDINANCE NO. 389
AN ORDINANCE AMENDING SECTION 1201.04
OF THE SHOREWOOD ZONING CODE TO INCLUDE
INTERIM CONDITIONAL USE PERMITS
Section 1. Section 1201.02 Subd. 9. of the Shorewood City Code is hereby amended to
"INTERIM CONDITIONAL USE: A temporary use of property until a particular date,
until the occurrence of a particular event, or until the use is no longer allowed by zoning
regulations.
INTERIM CONDITIONAL USE PERMIT: A permit issued by the City Council in
accordance with procedures specified in Section 1201.04 of this Code."
Section 2. Section 1201.04 of the Shorewood City Code is hereby amended to add:
"Subd.4. Interim Conditional Use Permit:
a. Purpose: The purpose and intent of an interim conditional use permit is:.
(1) To allow a use for a brief period of time while permanent location is obtained
or constructed; or
(2) To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be acceptable in the future;
or
(3) To allow a use that is reflective of anticipated long range change to an area
and that is in compliance with the Comprehensive Plan, provided that said use maintains
harmony and compatibility with surrounding uses and is in keeping with the performance
standards of this Code; or
(4) To provide a mechanism for allowing changes to a nonconforming use of
property contingent upon a plan for cessation of said nonconforming use within a
specified period of time.
b. Informational Requirement and Procedure: The information required and the
procedure to be followed for all interim conditional use permit applications shall be the
same as that required for a conditional use permit as provided for in this Section.
c. Termination. An interim conditional use shall terminate on the happening of any of
the following events, whichever occurs first:
(1) The date stated in the permit.
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(2) Upon violation of conditions under which the permit was issued.
(3) Upon change in the City's zoning regulations that renders the use
nonconforming.
(4) The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
d. General Standards. An interim conditional use permit shall comply with the
following:
(1) Conform to the applicable general building and performance requirements of
Section 1201.03 Subd. 2. of this Code.
(2) The use is allowed as an interim use in the respective zoning district.
(3) The date or event that will terminate the use can be identified with certainty.
(4) The use will not impose additional unreasonable costs on the public.
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(5) The user agrees to any conditions that the City Council deems appropriate for
permission of the use. Said conditions shall be set forth in a development agreement
between the property owner and the City which agreement shall be recorded with the
Hennepin County Recorder or Registrar of Deeds.
e. Conditions of Approval. In permitting a new interim conditional use permit or
amending an existing interim conditional use permit, the Planning Commission may
recommend and the City Council may impose, in addition to the standards and
requirements expressly specified by this Code, additional conditions that the Planning
Commission or City Council consider necessary to protect the best interest of the
surrounding area or the community as a whole. These conditions may include but are not
limited to the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicular access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location and lighting of signs;
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(7) Requiring fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
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f. Violations. After two (2) nuisance or Code violation complaints have been made and
verified with written notice to the holder of the interim conditional use permit, a public
hearing may be called within sixty (60) days of the last complaint to reconsider the
interim conditional use permit.
g. Revocation. An interim use permit may be revoked if: 1) the property is found to be
in violation of the conditions listed in the interim conditional use permit; or 2) if access to
the property for purpose of making and inspection is refused to the Zoning Administrator
or its designee. The same process established for granting the interim conditional use
permit shall be followed when considering revocation of an interim conditional use
permit. "
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th
day of August 2002.
. ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 390
AN ORDINANCE AMENDING SECTION 507.06
OF THE SHOREWOOD CITY CODE
RELA TING TO REFUSE COLLECTION
Section 1. Section 507.06. of the Shorewood City Code is hereby amended to read:
"507.06: REFUSE COLLECTION SCHEDULE: Each licensee shall collect refuse from
premises for which he has a collection contract according to the following minimum schedule:
daily from hotels, restaurants, and other premises which, in the judgment of the City, require
such collection; and weekly from residences and other premises. No refuse shall be collected
before six o'clock (6:00) AM. or after eight o'clock (8:00) P.M. of any day. With the exception
of Shady Island or Enchanted Island, collection from residential properties shall take place only
on Wednesdays, unless otherwise authorized by the City Council. Collection from properties on
Shady Island or Enchanted Island shall take place on Thursdays, unless otherwise authorized by
the City Council."
Section 2. That this Ordinance shall be in full force and effect on 1 October 2002 and
upon publishing in the Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th
day of August 2002.
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 391
AN ORDINANCE AMENDING CHAPTER 310 OF THE
SHOREWOOD CITY CODE RELATING TO
LAWN FERTILIZER APPLICATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. Section 310, Subd. 2 of the Shorewood City Code shall be amended to read as
follows:
Subd. 2. License Application Procedure. Applicants for a commercial lawn fertilizer applicator
license shall be submitted to the City Administrator or a designee. The application shall consist
of the following:
a. Application Form. Application forms shall be provided by the City and shall include
the following information:
(1) Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
(2)
Description of lawn fertilizer formula proposed to be applied on lawns
within the City.
(3) A time schedule for application of lawn fertilizer and identification of
weather conditions acceptable for lawn fertilizer application.
b. Minnesota State Licenses. A copy of all licenses required of the applicant by the
State of Minnesota regarding the application of pesticides and fertilizers.
c. License Fee. The license fee as established in Chapter 13 of the Shorewood City
Code. The license shall expire on the last day of February. The license fee shall not be
prorated.
d. Certificate ofInsurance. A copy of the Applicator's current Certificate ofInsurance.
Section 2. Section 310, Subd. 3c of the Shorewood City Code shall be amended to read as
follows:
c. Possession of Product Material Safety Data Sheet. The product Material Data Safety
Sheet of the lawn fertilizer used shall be in the possession of the commercial lawn
fertilizer Applicator.
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Section 3. This Ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY
this lih day of November, 2002.
WOOD, MINNESOTA,
ATTEST:
DAWSON, CITY ADMINISTRATOR/CLERK