2004 Ord No. 400 - 411
2004 ORDINANCES
Approved Published
400Amending Chapter 1001 of the Shorewood City Code Relating 2/9/04 yes
to Adoption of the Minnesota State Building Code.
401 Amending Chapter 508 of the Shorewood City Code Relating to 2/23/04 yes
Adoption of the Minnesota State Fire Code
402 Amending Chapter 801 of the Shorewood City Code Relating to 3/8/04 yes
Seasonal Weight Restrictions
403 Amending Section 1201.19 (R-C District) of the Shorewood Zoning Code 5/24/04 yes
404 Amending the Shorewood Zoning Code (Bosworth item) 5/24/04 yes
405 Amending Chapter 1101 of the Shorewood City Code Relating to 9/13/04 yes
Flood Plain Management Regulations
406 Amending Chapters 201 and 202 of the Shorewood City Code
Relating to the Planning and Park Commission 9/13/04 yes
407 Amending Chapters 201 and 202 of the Shorewood City Code 9/27/04 yes
Relating to the Planning Commission and Park Commission
408 Amending Chapter 105 of the Shorewood City Code Relating to 10/11/04 yes
Salaries for the Mayor and City Council
409 Enacting a Code of Ordinances for the City of Shorewood, Minnesota, 11/22/04 yes
Amending, Restating, Revising, Updating, Codifying and Compiling
Certain Ordinances of the City Dealing with the Subjects Embraced
in the Code of Ordinances, and Providing Penalties for the
Violation of the Code of Ordinances
410 Amending Section 1201.03 Subd. 11.e.(2). (C-1 Signs) of the 12/13/04 yes
Shorewood Zoning Code
411 Amending Section 1201.25 Subd. 2. (P.U.D.-Permitted Uses) 12/13/04 yes
of the Shorewood Zoning Code
.
CITY OF SHOREWOOD
ORDINANCE NO. 400
AN ORDINANCE AMENDING CHAPTER 1001 OF THE SHOREWOOD CITY CODE
RELATING TO ADOPTION OF THE MINNESOTA STATE BUILDING CODE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Chapter 1001 of the Shorewood City Code is hereby repealed and the following is
adopted in its place:
SECTION:
1001.01 :
1001.02:
1001.03:
1001.04:
1001.05:
1001.06:
Purpose
Codes Adopted by Reference
Building Code Optional Chapters
Application, Administration and Enforcement
Permits and Fees
Violations and Penalties
.
1001.01: PURPOSE: This Ordinance adopts the Minnesota State Building Code and
provides for the application, administration, and enforcement of the Minnesota State Building
Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all
buildings and/or structures in the City of Shorewood. This Ordinance provides for the issuance
of permits and collection of fees thereof; provides penalties for violation thereof and; repeals all
ordinances and parts of ordinances that conflict therewith. This Ordinance shall perpetually
include the most current edition of the Minnesota State Building Code with the exception of the
optional appendix chapters. Optional appendix chapters shall not apply unless specifically
adopted.
1001.02: CODES ADOPTED BY REFERENCE: The Minnesota State Building Code, as
adopted by the Commissioner of Administration pursuant to Minnesota Statutes chapter 16B.59
to 16B75, including all of the amendments, rules and regulations established, adopted and
published from time to time by the Minnesota Commissioner of Administration, through the
Building Codes and Standards Division is hereby adopted by reference with the exception ofthe
optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building
Code is hereby incorporated in this Ordinance as if fully set out herein.
1001.03: BUILDING CODE OPTIONAL CHAPTERS: The Minnesota State
Building Code, established pursuant to Minnesota Statutes l6B.59 to l6B.75 allows the City to
adopt by reference and enforce certain optional chapters of the most current edition of the
Minnesota State Building Code.
. The following optional provisions identified in the most current edition of the State Building
Code are hereby adopted and incorporated as part of the building code for the City of
Shorewood:
.
.
.
a.
Chapter 1306, Special Fire Protection Systems; Subp. 2, with 1306.0030. E.
option I;
grading, appendix chapter K, 2002 Supplements to International Building Code;
and
chapter 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200.
b.
c.
1001.04: APPLICATION, ADMINISTRATION AND ENFORCEMENT. The
application, administration, and enforcement of the code shall be in accordance with Minnesota
State Building Code. The;; code shall be enforced within the extraterritorial limits permitted by
Minnesota Statutes, 16B.62, subdivision 1, when so established by this Ordinance.
The code enforcement agency of the City of Shorewood is called Protective Inspections.
This code shall be enforced by the Minnesota Certified Building Official designated by the City
to administer the code (Minnesota statute 16B.65) subdivision 1.
1001.05: PERMITS AND FEES. The issuance of permits and the collection of fees shall
be as authorized in Minnesota Statutes, 16B.62, subdivision 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule
adopted by the City of Shore wood in Section 1301.02 of the City Code. In addition, a surcharge
fee shall be collected on all permits issued for work governed by this code in accordance with
Minnesota statute 16B.70.
1001.06: VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor
(Minnesota statutes 16B.69).
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, M~esota, this 9th day of
February, 2004. \
~"..
WOODY LOVE, MAYOR
ATTEST:
. DAWSON, CITY ADMINISTRATOR/CLERK
.
CITY OF SHOREWOOD
ORDINANCE NO. 401
AN ORDINANCE AMENDING CHAPTER 508 OF THE SHOREWOOD CITY CODE
RELATING TO ADOPTION OF THE MINNESOTA STATE FIRE CODE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Chapter 508 ofthe Shorewood City Code is hereby repealed and the following is
adopted in its place:
SECTION:
508.01 :
508.02:
508.03 :
508.04:
508.05:
Purpose
Codes Adopted by Reference
Fire Code Optional Chapters
Application, Administration and Enforcement
Violations and Penalties
508.01: PURPOSE: The purpose of this code is to establish the minimum requirements
consistent with nationally recognized good practice for providing a reasonable level oflife safety
and property protection from the hazards of fire, explosion or dangerous conditions in new and
existing buildings, structures and premises.
.
508.02: CODES ADOPTED BY REFERENCE: The 2003 Minnesota State Fire Code
(MSFC), which is based on the 2000 edition of the International Fire Code (IFC), including all of
the amendments, rules and regulations established, adopted and published from time to time, is
hereby adopted by reference with the exception of the optional chapters, unless specifically
adopted in this Ordinance. The 2003 Minnesota State Fire Code is hereby incorporated in this
Ordinance as if fully set out herein.
508.03: FIRE CODE OPTIONAL CHAPTERS: The Minnesota State Fire Code,
established pursuant to Minnesota Statutes 299F.011 allows the City to adopt by reference and
enforce certain optional chapters ofthe most current edition of the Minnesota State Fire Code.
The following optional provisions identified in the most current edition of the State Fire Code
are hereby adopted and incorporated as part of the fire code for the City of Shorewood:
a.
b.
c.
. d.
e.
Appendix A, Board of Appeals, International Fire Code IFC 2000;and
Appendix B, Fire-Flow Requirements for Buildings, IFC 2000; and
Appendix C, Fire Hydrant Locations and Distribution, IFC 2000; and
Appendix D, Fire Apparatus Access Roads, IFC 2000; and
National Fire Protection Association (NFPA) Standard No.72, 2000 edition,
National Fire Alarm Code.
.
508.04: APPLICATION, ADMINISTRATION AND ENFORCEMENT. The
application, administration, and enforcement of the code shall be in accordance with Minnesota
State Building Code. The code shall be enforced within the extraterritorial limits permitted by
Minnesota Statute, 299F.Oll, Subdivision 4, when so established by this Ordinance.
The code enforcement agency of the City of Shorewood is called Excelsior Fire District.
508.05: VIOLATIONS AND PENALTIES. A violation ofthe code is a misdemeanor
(Minnesota statutes 299F.Oll, Subdivision 6).
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 23rd day of
February, 2004.
!2,(L
WOODY LOVE, MAYOR
. ATTEST:
.
ON, CITY ADMINISTRATOR/CLERK
.
CITY OF SHOREWOOD
ORDINANCE NO. 402
AN ORDINANCE AMENDING CHAPTER 801 OF THE SHOREWOOD CITY CODE
RELATING TO SEASONAL WEIGHT RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
Section 801.09 Subd. 5, is hereby amended to read as follows:
Subd. 5. Exemption from Provisions: The following streets or highways within the City are
specifically exempted from the provisions of subdivision 2 of this Section:
.
Academy Avenue
Apple Road
Bayswater Road
Boulder Bridge Drive
Boulder Bridge Lane
Brentridge Drive
Burlwood Court
Charleston Circle
Chartwell Hill
Chestnut Court
Chestnut Terrace
Christopher Circle
Country Club Road
Covington Court
Covington Road from Vine Hill Road to Ridge Road
Elbert Point
Eureka Road - Highway 7 to Smithtown Road
Eureka Road - Smithtown Road to Birch Bluff Road
Fairway Drive
Galpin Lake Road
Kelsey Drive
Knightsbridge Road
Manor Road
Maple Leaf Circle
Maple View Court
Marsh Pointe Drive
Marsh Pointe Circle
Marsh Pointe Court
Mary Lake Trail
McKinley Circle
McKinley Court
.
Ordinance No. 402
Page 2 of3
.
McKinley Place
Mill Street
Minnetonka Boulevard
Muirfield Circle
Near Mountain Boulevard
Oak Leaf Trail
Old Market Road
Park Lane
St. Albans Bay Road
Shorewood Oaks Drive
Sierra Circle
Silver Lake Trail
Smithtown Circle
Smithtown Road
Smithtown Way
Stratford Place
Sweetwater Circle
Sweetwater Court
Sweetwater Curve
Vine Hill Road
Vine Ridge Road
Waterford Circle
Waterford Court
Waterford Place
Whitney Circle
Yellowstone Trail
.
It shall be unlawful for any vehicle or combination of vehicles during the period of
March 1 to May 1 of any year to operate upon any of the above streets or highways
within the City with a gross weight of any single axle exceeding twelve thousand
(12,000) pounds. The Public Works Director may prohibit the operation of vehicles upon
any public street or highway within the City, or impose further restrictions as to the
weight of vehicles to be operated upon said streets or highways, whenever that street or
highway may be seriously damaged or destroyed by vehicular use, including but not
limited to deterioration, usage, rain, snow or other climatic conditions. (Ord. 222,
3-12-90) (Ord. 297, 2-27-95)
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
.
.
.
.
Ordinance No. 402
Page 3 of3
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 8th day of
March, 2004.
WOODY LOVE, MAYOR
ATTEST:
.
.
.
add:
CITY OF SHOREWOOD
ORDINANCE NO. 403
AN ORDINANCE AMENDING SECTION 1201.19 (R-C DISTRICT)
OF THE SHORE WOOD ZONING CODE
Section 1. Section 1201.19 Subd. 4. of the Shorewood City Code is hereby amended to
"f. Daycare facilities, as defined in Section 1201.02 Subd. 4. of this Code, serving ten
(10) or more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare facility until proof of approved applicable State
licenses has been provided to the Zoning Administrator.
(2) All child daycare facilities shall have an outdoor activity area complying
with the following:
(a) The activity area shall be at least 1500 square feet in area, and at least 75
square feet of area per child within the area at any given time during use.
(b) The activity area shall be located within the buildable area of the lot.
(c) The activity area shall be screened and landscaped to buffer neighboring
residential uses.
(d) The activity area shall be enclosed to prevent children from leaving the
premises unattended.
(3) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of this Code. The number of parking spaces required for a daycare facility shall
be one (1) space for each four (4) persons of licensed capacity.
(4) Adequate short-term parking or drop-off area shall be provided within close
proximity to the main entrance of the building. The short-term parking or drop-off area
shall accommodate three (3) car spaces and shall be designated as temporary in nature.
The short-term parking or drop-off area shall not conflict with off-street parking access or
pedestrian movement.
(5) When a daycare facility is an accessory use within a structure containing
another principal use, each use shall be calculated separately for determining the total off-
street parking spaces required.
(6) Daycare facilities are limited to 4500 square feet in. gross floor area.
.
(7) The structure in which the daycare facility is located shall comply with all
applicable building and fire codes.
(8) The provisions of Section 1201.04 Subdivision 1.(d)(I) of the this Code must
be considered and satisfactorily met."
Section 2. Section 1201.19 Subd. 8.a. is hereby amended to read:
"a. Where a conditional use abuts and R-IA through R-2C District, buffer fences or
planting screens shall be installed by the conditional use permit recipient according
to provisions of Section 1201.03 Subd. 2.g. ofthis Code, should the Council
determine that a need for a buffer exists."
Section 3. Section 1201.19 Subd. 8.b. is hereby amended to read:
"b. Special use commercial activities shall be allowed to operate only between the hours
of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. in the R-C District.
Occasional emergency dental service may occur outside of normal business hours
provided such service does not adversely affect surrounding residential uses."
Section 4. Section 1201.19 Subd. 8.d.(I) is hereby amended to read:
.
"(1) Business signs shall be limited to a total surface area of thirty-six (36)
square feet per property. Not more than two (2) individual signs, including
freestanding signs, may be displayed per property."
Section 5. Section 1201.19 Subd. 8.d.(2) is hereby amended to read:
"(2) Illuminated signs shall not be permitted in the R-C District, except that:
(a) Signs located at least 200 feet from a residential district boundary may be
illuminated.
(b) Signs located nearer than 200 feet to a residential district boundary may be
illuminated, provided the sign is screened from view of residential
properties.
(c) In no case shall signs in the R -C District be illuminated between the hours
of9:00 P.M. and 7:00 A.M.
(d) All illuminated signs must comply with the provisions of Section 1201.03
Subd. 2.i. of this Code."
.
.
.
.
Section 6. This Ordinance shall be in full force and effect upon publishing in the Official
Newspaper ofthe City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
May 2004.
WOODY LOVE, MAYOR
CITY OF SHOREWOOD
ORDINANCE NO. 404
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:
ParcelL The South 130 feet of the North 295 feet of Lots 16 and 18 as
measured at right angles to the North line of said Lot 18, Linden Park,
Hennepin County, Minnesota, according to the plat thereof.
Parcel 2. The North 165 feet of Lot 18, Linden Park, Hennepin County,
Minnesota, according to the recorded plat thereof.
in the P.D.D., Planned Unit Development zoning district.
Section 2. This rezoning is subject to the conditions of the Development
Agreement between the property owner, its successors and assigns, and the City of
Shorewood, dated 23 November 2005, attached hereto and made a part hereof.
Section 3. Failure of the property owner, its successors and assigns to comply
with the Development Agreement referenced in Section 2. shall result in the zoning of the
property reverting back to R-C, Residential/Commercial.
Section 4. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shorewood to include the property in the P.D.D., Planned Unit
Development zoning district.
Section 5. 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 24th
day of May 2004.
WOODY LOVE, MAYOR
ATTEST:
. DAWSON, CITY ADMINISTRATOR/CLERK
CITY OF SHOREWOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
DR. KELLY BOSWORTH
THIS AGREEMENT, made this-23'174 day of ~005, by and between the
CITY OF SHOREWOOD, a Minnesota municipal corpor tion (hereinafter the "City"), and
BOSCO, Inc., (hereinafter the "Developer").
WHEREAS, the Developer has an interest in certain lands located at 6120 and 6140
Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof
(hereinafter the "Subject Property"); and
WHEREAS, the Developer proposes to redevelop the Subject Property with a renovated
and expanded office building at 6140 Lake Linden Drive and future construction of a new office
building at 6120 Lake Linden Drive (collectively the "Project"); and
WHEREAS, the Developer has made application for a rezoning of the Subject Property
from R-C, Residential Commercial to P.U.D., Planned Unit Development District (the
"Application") with the Zoning Administrator and submitted plans for the redevelopment of the
Subject Property, the Concept Plan for which was considered by the Shorewood Planning
Commission at its meetings of 6 January, and 9 March 2004, and at a meeting of the City
Council on 23 March 2004, the minutes of which meetings are on file in the Shorewood City
Offices; and
WHEREAS, the Developer submitted Development Stage Plans that were considered by
the Planning Commission at its meeting of 6 April 2004, and by the City Council at its 12 April
2004, the minutes of which meetings are on file in the Shorewood City Offices; and
WHEREAS, upon recommendation of the Planning Commission, the City Council did
consider and grant approval of the Application as set forth in the minutes of the Planning
Commission meeting, dated 6 April 2004; an excerpt of which is attached hereto as Exhibit B
and made a part hereof; and
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
CONDITIONS OF APPROVAL
1. Land Use. The Developer and his successors and assigns shall comply with the
conditions of approval as adopted by the City Council and set forth in the Planning
Commission's recommendation, attached hereto as Exhibit B,. In addition, development of the
Project is subject to the zoning requirements of the R-C, ResidentiaVCommercial District, as
may be amended and as modified below:
a. Nurseries and nurseries with garden supply centers are excluded as uses for the
Subject Property.
b. Daycare centers serving more than ten (10) persons are allowed by conditional use
permit, provided that:
(1) The center shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare center until proof of approved
applicable State licenses has been provided to the Zoning Administrator.
(2) The center shall have an outdoor activity area complying with the following:
(a) The activity area shall be at least 1500 square feet in area, and at least 75
square feet of area per child within the area at any given time during use.
(b) The activity area shall be located within the buildable area of the lot.
( c) The activity area shall be screened and landscaped to buffer neighboring
residential uses.
(d) The activity area shall be enclosed to prevent children from leaving the
premises unattended.
(3) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. The number of parking spaces
required for a daycare center shall be one (1) space for each four (4) persons
of licensed capacity.
(4) Adequate short-term parking or drop-off area shall be provided within close
proximity to t)1e main entrance of the building. The short-term parking or
drop-off area shall accommodate three (3) car spaces and shall be designated
as temporary in nature. The short-term parking or drop-off area shall not
conflict with off-street parking access or pedestrian movement.
(5) When a daycare center is an accessory use within a structure containing
another principal use, each use shall be calculated separately for determining
the total off-street parking spaces required.
(6) Daycare centers are limited to 4500 square feet in gross floor area.
(7) The structure in which the daycare center shall comply with all applicable
building and fire codes.
(8) The provisions of Section 1201.04 Subdivision 1.(d)(1) of the Shorewood
Zoning Code must be considered and satisfactorily met.
c. Day spas providing an array of health and wellness programs and treatments for
individuals, are allowed by conditional use permit, provided that:
(1) Day spas, whether as principal or accessory uses shall not exceed 5000 square
feet in area.
2.
(2) Services provided may include various types of therapeutic massage and body
work, facials and other skin-care services, reflexology, pedicures, manicures,
hydrotherapy, exfoliation, aromatherapy, acupuncture, waxing, tanning,
electric toning, electrolysis, steam and sauna facilities, nutrition and weight
management, and the like, but not including body piercing or tattooing.
(3) Cosmetology services such as hair cutting, coloring and styling shall be
incidental to the services listed in (2) above and shall be limited to four (4)
chairs or stations. Similarly, nail services shall be limited to four (4) chairs or
stations. Tanning facilities shall be limited to two (2) tanning beds or stations.
(4) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. The number of parking spaces
required for a day spa shall be one (1) space for each 200 square feet of net
floor area (gross floor area minus 10 percent). Area devoted to cosmetology
services listed in (3) above shall be calculated based on two (2) parking spaces
for each chair or station.
(5) Heating, ventilating and air conditioning equipment must be designed to
prevent chemical odors from reaching nearby residential properties.
(6) The provisions of Section 1201.04 Subdivision l.(d)(l) ofthe Shorewood
Zoning Code must be considered and satisfactorily met.
2. Site Plan/Building Setbacks. The Project shall be developed in accordance with the
approved site plan as shown on Exhibit C, attached hereto and made a part hereof. The Subject
Property shall be accessed by a single driveway from Lake Linden Drive. The site plan for the
future office building at 6140 shall be subj ect to review by the Planning Commission and
approval of the City Council. Building setbacks shall be as follows:
a. Front: 35 feet
b. Rear: 40 feet
c. Side: 15 feet
d. Setback from "R" District boundary: 40 feet
3. Building Height/Construction. Principal structures shall not exceed two and one-
half(2 Yz) stories or 35 feet, whichever is least. Construction of the office building at 6140 Lake
Linden Drive shall be in accordance with the approved design as shown on Exhibit D.
Construction of the future office building at 6120 Lake Linden Drive shall be consistent with the
character and quality of the design shown on Exhibit D. The base ofthe future building shall be
constructed of brick or stone and shall be landscaped to minimize the visual height of the
building. Plans for construction of the future office building shall be subject to review by the
Planning Commission and approval of the City Council.
3.
4. Protective Covenants. The Developer shall provide protective covenants and
restrictions to be recorded against the Subject Property. The covenants and restrictions for the
property shall include provisions for signage, hours of business operation, lighting, building
design, landscaping, and other conditions placed on the property pursuant to the City's approval
of the final plan for the Project. The City shall be a signatory to the covenants and restrictions.
5. Intent. It is the intent of this agreement to both limit and define the permitted uses
of the Subject Property, and any changes in the uses ofthe property from that set forth herein
shall require the approval of all parties to this agreement. Any requirement not addressed in this
agreement shall be subject to the provisions of the R-C, ResidentiaVCommercial zoning district.
6. Improvements. Developer agrees at its expense to construct, install and perform all
work and furnish all materials and equipment in connection with the installation of the following
improvements:
a. Parking lot grading, bituminous surfacing, perimeter concrete curbing, and striping;
b. Required landscaping and landscape buffering;
c. Storm sewer, surface water drainage and stormwater treatment facilities;
d. Sanitary sewer connections;
e. Municipal water service connections;
(hereinafter the Private Improvements),
consistent with the plans and specifications prepared by: 1 ) Gronb erg and Associates, Inc., dated
18 August 2004, incorporated by reference herein; and 2)MK Land Corporation, dated 10 April
2004, attached hereto as Exhibit E, and made a part hereof, all subject to approval by the City
Engineer and Planning Director.
7. Signage. - All signs to be erected on the property shall comply with the
requirements of the R-C, Residential Commercial zoning district, except that the Developer may
allow the freestanding sign on 6140 Lake Linden Drive to be larger than 20 square feet. The
freestanding sign on 6120 Lake Linden shall be correspondingly smaller. In addition, where
individual tenants have their own primary entrance to the building, one business sign, non-
illuminated and not exceeding three square feet, shall be allowed to identify the entrance. The
individual entrance signs shall not be counted against the total allowable signage. All signs shall
be subject to approval by the Shorewood City Council.
8. Pre-construction Meeting - Prior to the commencement of construction, Developer
or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the City Engineer and shall include all appropriate
parties specified by the City Engineer.
9. Standards of Construction - Developer agrees that all of the improvements set forth
in paragraph 6 above, shall equal or exceed City standards, shall be constructed and installed in
accordance with plans and specifications approved by the City Engineer and the requirements of
4.
applicable City ordinances and standards, and that all of said work shall be subject to final
inspection and approval by the City Engineer or his designee.
10. Materials and Labor - All of the materials to be employed in the making of said
improvements and all of the work perfornled in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of Developer.
11. Schedule of Work - The Developer shall submit a written schedule in the form of a
bar chart indicating the proposed progress schedule and order of completion of work covered by
this Agreement. It is understood and agreed that the work set forth in paragraph 6 shall be
performed to be completed by 1 July 2006. Upon receipt of written notice from the Developer of
the existence of causes over which the Developer has no control, which will delay the
completion of the work, the City, at its discretion, may extend the dates specified for completion,
which grant of extension shall not be unreasonably withheld.
12. Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of the sanitary sewer, storm sewer, surface water
drainage facilities and watermains within the plat, and thereafter promptly assign said easements
to the City.
13. Traffic Control Signs - Developer, at its expense, shall provide standard traffic
control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, and
as directed by the City Engineer.
14. Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 6 are completed and approved by the Planning Director and
the City Engineer. A certificate of occupancy will not be withheld if site and parking lot
landscaping have not been completed due to weather. All such landscaping shall be completed
no later than 1 July 2006.
15. Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 6 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer's engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
16. Restoration of Streets, Public Facilities and Private Properties - The Developer shall
restore all City streets and other public facilities and any private properties disturbed or damaged
as a result of Developer's construction activities, including sod with necessary black dirt,
bituminous replacement, curb replacement, and all other items disturbed during construction.
17. Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, resident inspection, legal, planning and administrative
5.
expenses incurred by the City in connection with all matters relating to the administration and
enforcement of this Agreement and the performance thereof by the Developer. Such
reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's
notice of costs to the address set forth in paragraph 26 below.
18. Surety for Improvements - Deposit or Letter of Credit.
a. Landscaping. The landscape improvements set forth in paragraph 6, shall be
constructed, installed and furnished according to the terms of this Agreement. To
ensure that the Developer completes said landscaping, the Developer agrees to
furnish to the City either a cash deposit, certificate of deposit or an irrevocable letter
of credit approved by the City in an amount equal to 150% of the total cost of said
landscaping estimated by the Developer's Landscape Architect and approved by the
Planning Director. Said deposits or letter of credit shall remain in effect for a
period of two growing seasons following completion of the landscaping. The
deposits or letter of credit may be reduced in an amount in the discretion of the City
upon approval by the City of the partially completed landscaping, but in no event
shall the deposits or letter of credit be reduced to an amount less than 100% of the
cost of the landscaping.
b. Private Improvements. The Developer shall provide a letter of credit, certificate of
deposit or cash deposit in an amount equal to 25% of the total cost of the Private
Improvements estimated by the Developer's Engineer and approved by the City
Engineer. This letter of credit, certificate of deposit or cash deposit shall serve as a
financial surety for site restoration in the event the work on the Private
Improvements has been abandoned for more than 180 days. The letter of credit or
cash deposit may be reduced in an amount approved by the City Engineer upon
approval by the City of the partially completed Private Improvements.
19. Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out ofthe Developer's work or the work
of their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00.
The City shall be named as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 6 above, the
Developer or his prime contractor shall file with the City a certificate of such insurance as will
protect the Developer, his contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota. Such insurance certificate shall name the City as
and additional insured.
20. Laws, Ordinances, Regulations and Permits - Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property
and shall secure all permits that may be required by the City of Shorewood, the State of
6.
Minnesota, the Minnehaha Creek Watershed District, and Metropolitan Council Environmental
Services before commencing development of the Project.
21. Local Sanitary Sewer Access Charges. Prior to construction of the first building,
Developer agrees to pay to the City local sanitary sewer access charges (LSSAC) for one
residential equivalent unit (RED) in the amount of $1200. Credit has been given for the land
with the existing structure on it. Prior to construction of the second building, the Developer
agrees to pay LSSAC for two REU's at the rate in effect at the time the building permit is
approved.
22. Stormwater Drainage and Treatment System. Developer has proposed to construct
and maintain a stormwater drainage and treatment system as a condition of approval of the
Project. Developer agrees, for the life of this Agreement, to maintain the drainage system in
compliance with City and Minnehaha Creek Watershed District requirements. Prior to issuance
of a Certificate of Occupancy, developer will provide to the City Engineer a reference manual
maintenance plan (the "Manual"). In the event the Developer fails to maintain the drainage
system on a timely basis, the City may provide written notice of default to the Developer of any
performance deficiency. Failure of the Developer to correct such deficiencies within 20 days of
notice shall result in the City contracting the work to be done and assessing the Subject Property
accordingly. The Developer hereby waives the right to appeal said assessment.
23. Hours of Construction/Business.
a. Construction Hours. Developer acknowledges no equipment, construction traffic or
other construction activity will take place except during the following hours:
Weekdays, 7:00 a.m. to 7:00 p.m. and
Saturdays, 8:00 a.m. to 6:00 p.m.
b. Business Hours. Business activities shall be allowed only between the hours of
7:00 A.M. and 9:00 P.M., except that occasional emergency dental service may
occur outside of normal business hours, provided such service does not adversely
affect surrounding residential uses.
Lights inside the building and parking lot lights shall be turned off between the
hours of9:30 P.M. and 6:30 A.M. Minimal security lighting may remain on during
that time, provided such lighting does not adversely affect surrounding residential
uses.
24. Landscaping and Landscape Buffering. Developer agrees to construct and install
not later than 1 July 2006, all landscaping and landscape buffering pursuant to the plans and
specifications prepared by MK Land Corporation, dated 10 April 2004, attached hereto as
Exhibit E. Developer acknowledges its ongoing obligation to maintain all landscaping in good
condition. Developer agrees to replace all landscape stock on the Subject Property that dies or
falls into such condition as to require replacement.
7.
25. Park Fund Payment Developer shall, prior to construction of the first building,
make a cash payment to the City for one Residential Equivalent Unit (REU) in the sum of $2000
for the Park Fund. Credit has been given for the land with the existing structure on it.
26. On-Site Parking Parking for the Subject Property shall be paved, curbed, striped
and maintained as depicted on Exhibit C.
27. Notices -All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all
notices, certificates and communications to each ofthem shall be addressed as follows:
To the City:
Planning Director
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
Ph: (952)474-3236
With a Copy to:
Shorewood City Attorney
c/o LEONARD, STREEET & DIENARD
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
Ph. (612)335-1500
To the Developer:
Dr. Kelly Bosworth
Sullivan Center
24000 Highway 7
Shorewood, MN 55331
Ph. (952) 474-4123
28. Proof of Title - Developer shall furnish a title opinion or title insurance commitment
addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become
fee owner of the Subj ect Property upon exercise of certain rights and to enter upon the same for
the purpose of developing the property. Developer agrees that in the event Developer's
ownership in the property should change in any fashion, prior to the completion of the project
and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the
City of such change in ownership.
29. Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability, damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observation
of any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees ofthe City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
8.
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising
out of or by reason of the execution of this Agreement or the performance and completion of the
work and Improvements hereunder.
30. Declaration of Covenants, Conditions and Restrictions - Developer shall provide a
copy of any Declaration of Covenants, Conditions and Restrictions to be recorded against the
Subject Property.
31. Remedies Upon Default -
a. Certificate of Occupancy. Subject to the provisions of paragraph 13, the City may
withhold the issuance of the final certificate of occupancy for the Project if the
Developer causes or fails to cure any of the following: a) a material breach of a
term of this Agreement; or b) failure to pay the City outstanding expenses incurred
by the City in the administration ofthe Project including, but not limited to
reasonable engineering, inspection, legal and planning expenses.
b. Failure to Complete Improvements. In the event the Developer shall default in the
performance of any ofthe covenants and agreements herein contained and such
default shall not have been cured within thirty (30) days after receipt by the
Developer of written notice thereof, the City may cause any of the improvements
described in paragraph 6 above to be constructed and installed or may take action to
cure such other default and may cause the entire cost thereof, including all
reasonable engineering, legal and administrative expense incurred by the City to be
recovered as a special assessment under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such assessment within thirty
(30) days after its adoption. In the event of an emergency, as determined by the
City Engineer, the notice requirements to the Developer prescribed by Minnesota
Statutes Chapter 429 shall be and hereby are waived in their entirety, and the
Developer shall reimburse the City for any expense incurred by the City in
remedying the conditions creating the emergency.
c. Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(1) The cost of completing the construction of the improvements described in
paragraph 6 above.
(2) The cost of curing any other default by the Developer in the performance of
any of the covenants and agreements contained herein.
(3) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
9.
d. Ongoing Performance. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this
Agreement, or to prevent use or occupancy ofthe project.
32. Headings Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text ofthis Agreement, and shall not influence its
construction.
33. Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
34. Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
35. Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
36. Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
10.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year fIrst above written.
If/l1ltv l--
CITY OF SHORE"YOOD
Iq (, ..
By: UV~
Its: Mayor
BOSCO, INC.
ATTEST:
By:
Its:
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On this ;j3"J day of N b\ll.M\' U ,2005, before me, a Notary Public within and
for said County, personally appeared Woody Love and Craig Dawson to me personally known,
who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
free act and deed of said corporation.
JEAN M. PANCHYSHYN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
~ p~~y--
Nota Pubhc
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On this 'Jrr day of ~~,M..q1l~~005, before me, within and for said County,
personally appeared Dr. Kelly Bosworth, President of Bosco, Inc., the Developer, described in
and who executed the foregoing instrument and acknowledged that it executed the same as its
free act and deed.
JOHN A. PATTERSON
NOTARV pUBLIC - MINNESOTA
My CommiSSion expns JaR. 31.20\0
~
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11.
THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department
EDITED BY:
Leonard, Street & Dienard.
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
(TJK)
12.
Legal Description of Premises
Parcell. The South 130 feet of the North 295 feet of Lots 16 and 18 as
n1easured at right angles to the North line of said Lot 18, Linden Park,
Hennepin County, Minnesota, according to the plat thereof.
Parce12. The North 165 feet of Lot 18, Linden Park, Hennepin County,
Minnesota, according to the recorded plat thereof.
Exhibit A
PLANNING COMMISSION MEETING MINUTES
April 6, 2004
Page 6of9
8. The applicant proposed "shoebox" light fixtures which produced a downcast light. The final
plans for the P.D.D. should include a photometric plan demonstrating that lighting would not
exceed City standards. The plan should include provisions for timing the lights to go out after
9: 15 P.M. and not to come on until 7:00 A.M. The plans should also indicate what, if any
security lighting would be proposed.
9. The plans did not address trash receptacles or H.V.A.C. equipment. These items should be
included on the final plans.
Dr. Kelly Bosworth, applicant, stated he did not wish to see this item continued if possible, in effort to
allow construction to begin this year on the project. He stated he thought the additional parking
restriction was not needed in this case as the parking for employees would pose no problem. He stated
parking issues limited the potential size of office space allowable for lease and he wanted to retain
maximum space for leasing purposes. He requested the day care be allowed to remain at 5,000 square
feet as it would be difficult to lease out any difference in space for the building. He also stated the trash
receptacles would be enclosed in either a wooden or brick enclosure in the southwestern portion of the
parking lot.
Mark Kaltsas, consultant for the applicant, stated he believed many of the issues were close to resolution
through detail, and he noted the progress of the submitted plans had come a great distance since the
inception of the project. He noted the entire site would be rough graded, with grading limits and tree
preservation efforts demonstrated. He also noted a tree preservation plan would be submitted as part of
the final development stage plans. He also noted the northerly portion of the site would be difficult to
work with as extensive shading would take place due to the building. He also noted the proposed tree
plan showed trees exceeding the minimum standards for trees. Pond access would be kept available
through the landscaping efforts. Existing signage on the site would meet the minimum requirements of
current sign. Mr. Ka1tsas stated the size of the building was limited by the parking stalls needed and was
set forth in the development agreement. He further stated a photometric plan had been submitted.
Discussion ensued regarding parking issues, sign age, and landscaping efforts. Director Nielsen noted it
seemed as though the Commission was comfortable with Staff recommendations, however, he also
wanted to add the recommendations that the landscaping on the westerly side of the parking lot be
finished as part of the first phase of the project. Also, he recommended the tree preservation plan be
enacted through staking the comers ofthe building as well as the construction limits for the project.
Further discussion ensued regarding the use of logos, such as a tooth, being displayed as signage.
Borkon moved, Gagne seconded, Recommending Approval of the Development Stage Plans, subject
to Staff Recommendations, including the addition of completion of the landscaping along the west
side of the parking lot, and the fmal plan be brought back to the Planning Commission prior to
being reviewed by Council. Motion passed 7/0.
Chair Bailey recessed the meeting at 9: 15 P.M., and reconvened the meeting by gavel at 9:24 P.M.
4. 7 :45 P.M. PUBLIC HEARING - SETBACK VARIANCE
Applicant: James and Katherine Sedesky
Location: 21040 Ivy Lane
Director Nielsen explained the applicants owned the property at 21040 Ivy Lane that was located in the
R-ID, Single-Family Residential zoning district and contained approximately 16,331 square feet "f''''r''<>
The lot was technically a comer lot, having frontages on Ivy Lane and a fire lane originally: Exhibit B
Glen Grove Path. Mr. Sedesky had applied for a setback variance to build a deck on the rear s
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Parking Spaces Required = 50
Parking Spaces Provided = 55
PHASE II
Parking Spaces Required = 45
Parking Spaces Provided = 40*
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CITY OF SHOREWOOD
ORDINANCE NO. 405
AN ORDINANCE AMENDING CHAPTER 1101 OF THE SHOREWOOD CITY CODE
RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Chapter 1101 of the Shorewood City Code is hereby repealed and the following is
adopted in its place:
SECTION:
1101.01:
1101.02:
1101.03:
1101.04:
1101.05:
1101.06:
1101.07:
1101.08:
1101.09:
1101.10:
1101.11:
1101.12:
1101.13:
Statutory Authorization, Findings of Fact and Purpose
General Provisions
Establishment of Flood Plain Districts
FW, Floodway District
FF, Flood Fringe District
Reserved for Future Use
Subdivisions
Utilities, Railroads, Roads and Bridges
Manufactured Homes, Trailers and Travel Vehic1es
Administration
Nonconforming Uses
Penalties for Violation
Amendments
1101.01:
STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Subd. 1. Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapters 103F and 462, delegated the responsibility to local government units to
adopt regulations designed to minimize flood losses. Therefore, the City Council of the City
of Shorewood, Minnesota does ordain as follows:
Subd. 2. Findings of Fact:
a. The flood hazard areas of Shorewood, Minnesota, are subj ect to periodic inundation which
results in potential loss of life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures or flood protection
and relief, and impairment ofthe tax base, all of which adversely affect the public health,
safety, and general welfare.
b. Methods Used to Analyze Flood Hazards. This Chapter is based upon a reasonable
method of analyzing flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
-1-
.
c. National Flood Insurance Program Compliance. This Chapter is adopted to comply with
the rules and regulations of the National Flood Insurance Program codified as 44 Code of
Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in
the National Flood Insurance Program.
Subd.3. Statement of Purpose: It is the purpose ofthis Chapter to promote the public health,
safety, and general welfare and to minimize those losses described in Subd. 2.a. of this
Section by provisions contained herein.
1101.02:
GENERAL PROVISIONS
Subd. 1. Lands to Which Chapter Applies: This Chapter shall apply to all lands within the
jurisdiction of the City of Shorewood shown on the Flood Insurance Rate Map as being
located within the boundaries of the Floodway and Flood Fringe Districts, as defined in
Section 1101.03 of this Chapter.
.
Subd.2. Establishment of Flood Insurance Rate Map. The Flood Insurance Rate Map, together
with all materials attached thereto, is hereby adopted by reference and declared to be a part of
this Chapter. The attached material shall include the Flood Insurance Study, Volume 1 of2
and Volume 2 of2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance
Rate Map panels numbered 27053C0292 E, 27053C0295 E, 27053C0308 E, 27053C0309 E,
27053C0311 E, 27053C0312 E, 27053C0313 E, 27053C0314 E, 27053C0316 E, 27053C0317
E, 27053C0318 E, and 27053C0319 E for the City of Shorewood, dated September 2, 2004,
as developed by the Federal Emergency Management Agency. The Flood Insurance Rate
Map shall be on file in the office of the City Clerk.
Subd. 3. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be
an elevation no lower than one foot above the elevation ofthe regional flood plus any
increases in flood elevation caused by encroachments on the flood plain that result from
designation of a floodway.
Subd. 4. Interpretation:
a. In their interpretation and application, the provisions ofthis Chapter shall be held to be
minimum requirements and shall be liberally construed in favor of the City of Shorewood and
shall not be deemed a limitation or repeal of any other powers granted by state statutes.
.
b. The flood plain within the City of Shorewood is hereby designated as either Floodway
District or Flood Fringe District, as defined in Section 1101.03 Subd. 1. of this Chapter. The
boundaries of the flood plain districts shall be determined by scaling distances on the Flood
Insurance Rate Map. Where interpretation is needed as to the exact location of the boundaries
of the district as shown on the Flood Insurance Rate Map, as for example where there appears
to be a conflict between a mapped boundary and actual field conditions and there is a formal
appeal ofthe decision of the Zoning Administrator, the City Council, serving as the Board of
Adjustment and Appeals, shall make the necessary interpretation. All decisions will be based
on elevations on the regional (100-year) flood profile, the ground elevations that existed on the
-2-
.
site at the time the City adopted its initial floodplain ordinance, and other available technical
data. Persons contesting the location of the district boundaries shall be given a reasonable
opportunity to present their case to the Board of Adjustment and Appeals and to submit
technical evidence.
Subd.5. Abrogation and Greater Restrictions: It is not intended by this Chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this
Chapter imposes greater restrictions, the provisions of this Chapter shall prevail.
Subd.6. Warning and Disclaimer of Liability: This Chapter does not imply that areas outside the
flood plain districts or land uses permitted within such districts will be free from flooding or
flood damages. This Chapter shall not create liability on the part of the City of Shore wood or
any officer or employee thereof for any flood damages that result from reliance on this
Chapter or any administrative decision lawfully made hereunder.
Subd. 7. Severability: If any section, clause, provision, or portion of this Chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter
shall not be affected thereby.
Subd.8. Definitions: Unless specifically defined below, words or phrases used in this Chapter
shall be interpreted so as to give them the same meaning as they have in common usage and
so as to give this Chapter its most reasonable application.
.
a. ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
b. BASEMENT: Any area of a structure, including crawl spaces, having its floor or base
sub grade (below ground level) on all four sides, regardless of the depth of excavation below
ground level.
c. CONDITIONAL USE: A specific type of structure or land use listed in the official control
that may be allowed but only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or building codes and
upon a finding that:
(1) Certain conditions as detailed in this Chapter exist.
(2) The structure and/or land use conform to the comprehensive land use plan if one
exists and are compatible with the existing neighborhood.
d. NO DEFINITIONS
e. EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
.
f. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland
or lake that results in the inundation of normally dry areas.
-3-
.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway. For the purposes
of this Chapter, Flood Fringe shall be as defined in Section 1101.03 Subd.1.(b) of this
Chapter.
FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
FLOOD PROOFING: A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
FLOODW A Y: The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge. For the purposes of this Chapter, Floodway shall be as defined in
Section 1101.03 Subd. 1.(b) of this Chapter.
g. NO DEFINITIONS
h. NO DEFINITIONS
.
i. NO DEFINITIONS
j. NO DEFINITIONS
k. NO DEFINITIONS
1. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor.
m. MANUFACTURED HOME: A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include the
term "recreational vehicle."
n. NO DEFINITIONS
.
o. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse,
fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or
regulatory flood plain which may impede, retard, or change the direction ofthe flow of water,
either in itself or by catching or collecting debris carried by such water.
p. PRINCIPAL USE OR STRUCTURE: Means all uses or structures that are not accessory
uses or structures.
-4-
.
q. NO DEFINITIIONS
r. REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man-made obstruction. fu an urban area, the segment of a
stream or river between two consecutive bridge crossings would most typically constitute a
reach.
RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-propelled or
permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use. For the purposes of this Chapter, the term recreational vehicle shall be
synonymous with the term travel trailer/travel vehicle.
REGIONAL FLOOD: A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than one
foot above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the flood plain that result from designation of a floodway.
.
s. STRUCTURE: Anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Section 1101.09 Subd. 2.a. of this Chapter and other similar items.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before the "start of construction" of the improvement.
This term includes structures that have incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions.
.
(2) Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For the
purpose of this Chapter, "historic structure" shall be as defined in 44 Code of
Federal Regulations, Part 59.1.
-5-
.
.
.
t. NO DEFINITIONS
u. NO DEFINITIONS
v. VARIANCE: A modification of a specific permitted development standard required in this
Chapter to allow an alternative development standard not stated as acceptable in this Chapter,
but only as applied to a particular property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance.
w. NO DEFINITIONS
x. NO DEFINITIONS
y. NO DEFINITIONS
Z. NO DEFINITIIONS
1101.03:
ESTABLISHMENT OF FLOOD PLAIN DISTRICTS
Subd. 1. Districts:
a. Floodway District. The Floodway District shall include those areas designated as Zone AE
on the Flood Insurance Rate Map panels adopted in Section 1101.02 Subd. 2. of this Chapter
that are at or below elevation 929.4 feet above Mean Sea Level Datum, 1929 Adjustment,
which is the Ordinary High Water Elevation of Lake Minnetonka, and those that are at or
below elevation 943.14 which is the Ordinary High Water Elevation for Galpin Lake.
b. Flood Fringe District. The Flood Fringe District shall include those areas shown on the
Flood Insurance Rate Map panels adopted in Section 1101.02 Subd. 2. of this Chapter as
being within Zone AE and being located above elevation 929.4 feet above Mean Sea Level
Datum, 1929 Adjustment, which is the Ordinary High Water Elevation of Lake Minnetonka,
and those that are above elevation 943.14 which is the Ordinary High Water Elevation for
Galpin Lake.
c. A Zone District. The A Zone District shall include those areas designated as Zone A
without a floodway on the Flood Insurance Rate Map adopted in Section 1101.02 Subd. 2. of
this Chapter.
(1) Procedures for Floodway and Flood Fringe Determinations Within the A Zone
District.
(a) Upon receipt of an application for a permit, subdivision, or other
approval within the A Zone District, the applicant shall be required to
furnish such of the following information as is deemed necessary by the
Zoning Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is within the
Floodway or Flood Fringe District.
-6-
.
(i) A typical valley cross-section(s) showing the channel of the
stream, elevation of land areas adjoining each side of the
channel, cross-sectional areas to be occupied by the proposed
development, and high water information.
(ii) Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill, or storage elevations, the size,
location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
(iii) Photographs showing existing land uses, vegetation upstream
and downstream, and soil types.
(iv) Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction from
the proposed development.
.
(b) The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or agency
for technical assistance in determining whether the proposed use is in the
Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minnesota Regulations
1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federa1 Regulations
Part 65 shall be followed in this expert evaluation. The designated
engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of
Natural Resources' Area Hydrologist prior to commencing the analysis.
The designated engineer or expert shall:
(i) Estimate the peak discharge of the regional flood.
(ii) Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
(iii) Compute the floodway necessary to conveyor store the
regional flood without increasing flood stages more than 0.5
foot. A lesser stage increase than .5' shall be required if, as a
result of the additional stage increase, increased flood damages
would result. An equal degree of encroachment on both sides
ofthe stream within the reach shall be assumed in computing
floodway boundaries.
.
(c) The Zoning Administrator shall present the technical evaluation and
findings of the designated engineer or expert to the Governing Body.
The Governing Body must formally accept the technical evaluation and
the recommended Floodway and/or Flood Fringe District boundary or
deny the permit application. The Governing Body, prior to official
action, may submit the application and all supporting data and analyses
to the Federal Emergency Management Agency, the Department of
Natural Resources or the Planning Commission for review and
comment. Once the Floodway and Flood Fringe District Boundaries
-7-
.
.
.
have been determined, the Governing Body shall refer the matter back to
the Zoning Administrator who shall process the permit application
consistent with the applicable provisions of Section 4.0 and 5.0 of this
Ordinance.
d. District Application. The Flood Plain Districts shall be applied to and superimposed upon
the zoning districts identified in Chapter 1201 ofthe Shorewood City Code (Zoning
Regulations). The regulations and requirements imposed by the Flood Plain Districts shall be
in addition to those established for zoning districts and shall apply jointly.
Subd.2. Compliance: No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full compliance with
the terms ofthis Chapter and other applicable regulations which apply to uses within the
jurisdiction of this Chapter. Within the Floodway and Flood Fringe Districts, all uses not
listed as permitted uses or conditional uses in Sections 1101.04 and 1101.05 of this Chapter,
respectively, shall be prohibited. In addition, a caution is provided here that:
a. New manufactured homes, replacement manufactured homes and certain travel trailers and
travel vehicles are subject to the general provisions of this Chapter and specifically Section
1101.09.
b. Modifications, additions, structural alterations, normal maintenance and repairj. or repair
after damage to existing nonconforming structures and nonconforming uses of structures or
land are regulated by the general provisions of this Chapter and specifically Section 1101.11.
c. As-built elevations for elevated or flood proofed structures must be certified by ground
surveys and flood proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this Chapter and
specifically as stated in Section 1101.10.
1101.04
FW, FLOODWAY DISTRICT
The following permitted uses and conditional uses shall only be allowed to the extent that they are
also permissible under any watershed district, state, or federal laws or regulations applicable to the
floodway area as defined by Section 1101.03 Subd. 1. ofthis Chapter.
Subd. 1. Permitted Uses:
a. Commercial loading areas, and parking areas.
b. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing
areas, and single or multiple purpose recreational trails.
c. Residential lawns, gardens, parking areas, and play areas.
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.
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Subd. 2. Standards for Floodway Permitted Uses:
a. The use shall have a low flood damage potential.
b. The use must be permissible in the underlying zoning district.
c. The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
Subd.3. Conditional Uses:
a. Structures accessory to the uses listed in Subd. 1., above and the uses listed in b. - h.,
below.
b. Extraction and storage of sand, gravel, and other materials.
c. Marinas, boat rentals, docks, piers, wharves, and water control structures.
d. Railroads, streets, bridges, utility transmission lines, and pipelines.
e. Storage yards for equipment, machinery, or materials.
f. Placement of fill or construction of fences.
g. Recreational vehicles accessory to residential uses, subject to the exemptions and
provisions of Section 1101.09 Subd. 2.a. of this Chapter.
h. Structural works for flood control such as levees, dikes and floodwalls constructed to any
height where the intent is to protect individual structures and levees or dikes where the intent
is to protect agricultural crops for a frequency flood event equal to or less than the 10-year
frequency flood event.
Subd.4. Standards for Floodway Conditional Uses:
a. All Uses. No structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a
conditional use that will cause any increase in the stage of the 100-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
b. All floodway conditional uses shall be subject to the procedures and standards contained in
Section 1101.10 Subd. 4. of this Chapter.
c. The conditional use must be permissible in the underlying zoning district.
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d. Fill:
(1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(3) As an alternative, and consistent with Subsection (2) immediately above, dredge
spoil disposal and sand and gravel operations may allow temporary, on-site storage
of fill or other materials which would have caused an increase to the stage of the
lOa-year or regional flood but only after the City Council has received an
appropriate plan which assures the removal of the materials from the floodway
based upon the flood warning time available. The conditional use permit must be
title registered with the property in the Office of the County Recorder.
(4) Any filling within the flood fringe shall require the approval of the Minnehaha
Creek Watershed District.
e. Accessory Structures:
.
(1) Accessory structures shall not be designed for human habitation.
(2) Accessory structures, if permitted, shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters:
(a) Whenever possible, structures shall be constructed with the longitudinal
axis parallel to the direction of flood flow.
(b) So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood proofed in
accordance with the FP-l or FP-2 flood proofing classifications in the State Building
Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or
FP-4 flood proofing classification in the State Building Code provided the accessory
structure constitutes a minimal investment, does not exceed 500 square feet in size
at its largest projection, and for a detached garage, the detached garage must be used
solely for parking of vehicles and limited storage. All flood proofed accessory
structures must meet the following additional standards:
.
(a) The structure must be adequately anchored to prevent flotation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls;
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.
.
(b) Any mechanical and utility equipment in a structure must be elevated to
or above the regulatory flood protection elevation or properly flood
proofed; and
(c) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the
structure having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding. There must be
openings on at least two sides of the structure and the bottom of all
openings must be no higher than one foot above the lowest adj acent
grade to the structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic
opemngs.
f. Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a
plan approved by the City Council.
g. Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters shall be subject to the provisions of Minnesota Statute,
Chapter 103G. Community-wide structural works for flood control intended to remove areas
from the regulatory flood plain shall not be allowed in the floodway.
h. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the
lOa-year or regional flood and the technical analysis must assume equal conveyance or
storage loss on both sides of a stream.
1101.05
FF, FLOOD FRINGE DISTRICT
Subd. 1. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted
uses in the underlying zoning use district. All permitted uses shall comply with the standards
for Flood Fringe District "Permitted Uses" listed in Subd. 2., below and the "Standards for all
Flood Fringe Uses" listed in Subd. 5., below.
Subd. 2. Standards for Flood Fringe Permitted Uses:
a. All structures, including accessory structures, must be elevated on fill so that the lowest
floor including basement floor is at or above the regulatory flood protection elevation. The
finished fill elevation for structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet
beyond the outside limits of the structure erected thereon.
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b. As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet at its largest projection may be internally
flood proofed in accordance with Section 1101.04 Subd. 4.e.(3) of this Chapter.
c. The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
d. The provisions of Subd. 5 of this Section shall apply.
Subd. 3. Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance
with Subd. 2.a. and 2.b. of this Section, or any use of land that does not comply with the
standards in Subd. 2.c. and 2.d of this Section, shall only be allowable as a conditional use.
The cumulative placement of fill where at anyone time in excess of one-hundred (100) cubic
yards of fill is located on the parcel shall be allowable only as a conditional use. An
application for a conditional use shall be subject to the standards and criteria and evaluation
procedures specified in Subd. 4. and Subd. 5. of this Section and Section 1101.10 Subd. 4. of
this Chapter.
Subd.4. Standards for Flood Fringe Conditional Uses:
.
a. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These alternative
methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed
areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall
be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the structure; 2) it is designed to internally flood
and is constructed with flood resistant materials; and 3) it is used solely for parking of
vehicles, building access or storage. The above-noted alternative elevation methods are
subject to the following additional standards:
(1) Design and Certification. The structure's design and as-built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards ofthe State Building Code and, specifically, that
all electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the regulatory flood protection elevation
or be designed to prevent flood water from entering or accumulating within these
components during times of flooding.
(2) Specific Standards for Above-grade, Enclosed Areas. Above-grade, fully enclosed
areas such as crawl spaces or tuck under garages must be designed to internally
flood and the design plans must stipulate:
(a)
A minimum area of openings in the walls where internal flooding is to be
used as a flood proofing technique. There shall be a minimum of two
openings on at least two sides of the structure and the bottom of all openings
shall be no higher than one-foot above grade. The automatic openings shall
have a minimum net area of not less than one square inch for every square
foot subject to flooding unless a registered professional engineer or architect
.
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certifies that a smaller net area would suffice. The automatic openings may
be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of flood waters
without any form of human intervention; and
(b)
That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
b. Basements, as defined by Section 1101.02 Subd. 8.b. of this Chapter, shall be subject to the
following:
(1) Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
(2) Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry flood proofed in accordance with
Subsection 4.c., below.
.
c. All areas of non residential structures including basements to be placed below the regulatory
flood protection elevation shall be flood proofed in accordance with the structurally dry flood
proofmg classifications in the State Building Code. Structurally dry flood proofing must meet
the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require
making the structure watertight with the walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy. Structures flood proofed to the FP-J or FP-4 classification
shall not be permitted.
d. When at anyone time more than 100 cubic yards of fill or other similar material is located on
a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills,
roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted and approved by the City Engineer. The plan must be prepared
and certified by a registered professional engineer. The plan may incorporate alternative
procedures for removal of the material from the flood plain if adequate flood warning time
exists.
e. Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning and in accordance with a
plan approved by the City Council.
.
f. The provisions ofSubd. 5 of this Section shall also apply.
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Subd.5. Standards for All Flood Fringe Uses:
a. All new principal structures must have vehicular access at or above an elevation not more
than two (2) feet below the regulatory flood protection elevation. If a variance to this
requirement is granted, the Board of Adjustment and Appeals must specify limitations on the
period of use or occupancy of the structure for times of flooding and only after determining
that adequate flood warning time and local flood emergency response procedures exist.
b. Commercial Uses - accessory land uses, such as yards, and parking lots may be at
elevations lower than the regulatory flood protection elevation. However, a permit for such
facilities to be used by the employees or the general public shall not be granted in the absence
of a flood warning system that provides adequate time for evacuation if the area would be
inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity
(in feet per second) the product number exceeds four (4) upon occurrence of the regional
flood.
.
c. Fill shall be properly compacted and the slopes shall be properly protected by the use of
riprap, vegetative cover or other acceptable method. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-year flood elevation -
FEMA's requirements incorporate specific fill compaction and side slope protection standards
for multi-structure or multi-lot developments. These standards should be investigated prior to
the initiation of site preparation if a change of special flood hazard area designation will be
requested.
d. Flood plain developments shall not adversely affect the hydraulic capacity of the channel
and adjoining flood plain of any tributary watercourse or drainage system where a floodway
or other encroachment limit has not been specified on the Flood Insurance Rate Map.
e. Standards for recreational vehicles are contained in Section 1101.09 Subd. 2. of this
Chapter.
f. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting
wind forces.
1101.06
RESERVED FOR FUTURE USE
11 01.07
SUBDIVISIONS
.
Subd. 1. Review Criteria: No land shall be subdivided which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the
flood plain districts shall be able to contain a building site outside of the Floodway District at
or above the regulatory flood protection elevation. All subdivisions shall have water and
sewage treatment facilities that comply with the provisions of this Chapter and have road
access both to the subdivision and to the individual building sites no lower than two feet
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below the regulatory flood protection elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and
the required elevation of all access roads shall be clearly labeled on all required subdivision
drawings and platting documents.
Subd. 2. Removal of Special Flood Hazard Area Designation: The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood hazard
area designation for certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi-structure or multi-lot developments. These standards should be
investigated prior to the initiation of site preparation if a change of special flood hazard area
designation will be requested.
11 01.08
PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
Subd. 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the flood plain shall be flood proofed in accordance with the
State Building Code or elevated to above the regulatory flood protection elevation.
.
Subd. 2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within
the flood plain shall comply with Sections 1101.04 and 1101.05 ofthis Chapter. Elevation to
the regulatory flood protection elevation shall be provided where failure or interruption of
these transportation facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
Subd.3. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on-site sewage
treatment systems shall not be allowed, except where municipal sewer can not be extended to
the property. Where allowed, on-site sanitary sewer systems must be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into
flood waters and they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the State's current
statewide standards for on-site sewage treatment systems shall be determined to be in
compliance with this Section.
1101.09
MANUFACTURED HOMES AND AND PLACEMENT OF
RECREATIONAL VEHICLES.
.
Subd. 1. The placement of new or replacement manufactured homes on individual lots of record
that are located in flood plain districts will be treated as a new structure and may be placed
only if elevated in compliance with Section 1101.05 of this Chapter. If vehicular road access
for pre-existing manufactured homes is not provided in accordance with Section 1101.05
Subd. 5.a., then replacement manufactured homes will not be allowed until the property
owner(s) develops a flood warning emergency plan acceptable to the City Council.
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.
.
a. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting
wind forces.
Subd. 2. Recreational vehicles that do not meet the exemption criteria specified in Subd. 2.a. below
shall be subject to the provisions ofthis Chapter and as specifically spelled out in Subd. 2.c. and
2.d. below.
a. Exemption - Recreational vehicles are exempt from the provisions of this Chapter if they
are placed in any ofthe areas listed in Subd. 2.b. below and further they meet the following
criteria:
(1) Have current licenses required for highway use.
(2) Are highway ready meaning on wheels or on an internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks and the recreational vehicle has no
permanent structural type additions attached to it.
(3) The recreational vehicle and associated use must be permissible in any pre-existing,
underlying zoning use district.
b. Areas Exempted For Placement of Recreational Vehicles:
(1) Individual lots or parcels of record.
(2) Existing condominium type associations.
c. New residential type subdivisions and condominium associations and the expansion of any
existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or
Flood Fringe Districts provided said recreational vehicle and its contents are placed
on fill above the regulatory flood protection elevation and proper elevated road
access to the site exists in accordance with Section 1101.05 Subd. 5.a. of this
Chapter. No fill placed in the floodway to meet the requirements ofthis Section
shall increase flood stages of the 100-year or regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of (a) above
may, as an alternative, be allowed as a conditional use if in accordance with the
following provisions and the provisions of Section 1l01.l0 Subd. 4. of this Chapter.
The applicant must submit an emergency plan for the safe evacuation of all vehicles
and people during the 100 year flood. Said plan shall be prepared by a registered
engineer or other qualified individual, shall demonstrate that adequate time and
personnel exist to carry out the evacuation, and shall demonstrate the provisions of
Subd. 2.a.(1) and (2), above will be met. All attendant sewage and water facilities
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for new or replacement recreational vehicles must be protected or constructed so as
to not be impaired or contaminated during times of flooding in accordance with
Section 1101.08 Subd. 3. of this Chapter.
d. There shall be no development or improvement on the parcel or attachment to the
recreational vehicle that hinders the removal of the recreational vehicle to a flood free
location should flooding occur.
1101.10
ADMINISTRATION
Subd. 1. Zoning Administrator: A Zoning Administrator or other official designated by the City
Council shall administer and enforce this Chapter. If the Zoning Administrator finds a
violation of the provisions of this Chapter, the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated in Section 1101.12 of
this Chapter.
Subd. 2. Permit Requirements:
.
a. Permit Required. A Permit issued by the Zoning Administratorinconformity with the
provisions ofthis Chapter shall be secured prior to the erection, addition, modification,
rehabilitation (including normal maintenance and repair), or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a building, structure, or land;
prior to the construction of a dam, fence, or on-site septic system; prior to the change or
extension of a nonconforming use; prior to the repair of a structure that has been damaged by
flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of
materials, or the storage of materials or equipment within the flood plain.
b. Application for Permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the Zoning Administrator and shall include the following
where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions,
and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the
location of the foregoing in relation to the stream channel.
c. State and Federal Permits. Prior to granting a permit or processing an application for a
conditional use permit or variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary state and federal permits.
d. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be
unlawful to use, occupy, or permit the use or occupancy of any building or premises or part
thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or
structure until a certificate of zoning compliance shall have been issued by the Zoning
Administrator stating that the use of the building or land conforms to the requirements of this
Chapter.
.
e. Construction and Use to be as Provided on Applications, Plans, Permits, Variances and
Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning
compliance issued on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and no other
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use, arrangement, or construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Chapter, and punishable as provided by Section
11 0 1.12 of this Chapter.
f. Certification. The applicant shall be required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this Chapter.
Flood proofing measures shall be certified by a registered professional engineer or registered
architect.
g. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all new structures and alterations or
additions to existing structures in the flood plain. The Zoning Administrator shall also
maintain a record of the elevation to which structures or alterations and additions to structures
are flood proofed.
.
h. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of Natural
Resources prior to the community authorizing any alteration or relocation of a watercourse. If
the applicant has applied for a permit to work in the beds of public waters pursuant to
Minnesota Statute, Chapter l03G, this shall suffice as adequate notice to the Commissioner of
Natural Resources. A copy of said notification shall also be submitted to the Chicago
Regional Office of the Federal Emergency Management Agency (FEMA).
i. Notification to FEMA When Physical Changes Increase or Decrease the lOa-year Flood
Elevation. As soon as is practicable, but not later than six (6) months after the date such
supporting information becomes available, the Zoning Administrator shall notify the Chicago
Regional Office ofFEMA ofthe changes by submitting a copy of said technical or scientific
data.
Subd.3. Board of Adjustment and Appeals:
a. Rules. The City Council, serving as the Board of Adjustment and Appeals, shall adopt
rules for the conduct of business and may exercise all of the powers conferred on such Boards
by State law.
b. Administrative Review. The Board of Adjustment and Appeals shall hear and decide
appeals where it is alleged there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement or administration of this Chapter.
.
c. Variances. The Board of Adjustment and Appeals may authorize upon appeal in specific
cases such relief or variance from the terms of this Chapter as will not be contrary to the
public interest and only for those circumstances such as hardship, practical difficulties or
circumstances unique to the property under consideration, as provided, for in the respective
enabling legislation for planning and zoning for cities or counties as appropriate. In the
granting of such variance, the Board of Adjustment and Appeals shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in this
Chapter, any other zoning regulations in the city, and in the respective enabling legislation
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that justified the granting of the variance. No variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area, or permit standards lower than
those required by state law. Applicants for variances are hereby notified that the grant of a
variance will result in substantially higher premium rates for flood insurance coverage. The
following additional variance criteria ofthe Federal Emergency Management Agency must be
satisfied:
(1) Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii)
a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
(3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
.
d. Hearings. Upon filing with the Board of Adjustment and Appeals of an appeal from a
decision of the Zoning Administrator, or an application for a variance, the Board of
Adjustment and Appeals shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board of Adjustment shall submit by mail to the
Commissioner of Natural Resources a copy of the application for proposed variances
sufficiently in advance so that the Commissioner will receive at least ten days notice of the
hearing.
e. Decisions. The Board of Adjustment and Appeals shall arrive at a decision on such appeal
or variance within the statutory time provided by Minn. Stat. 15.99 Subd. 3.(e). In passing
upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the
provisions of this Chapter, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning Administrator or other public official. It
shall make its decision in writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance the Board of Adjustment may prescribe appropriate
conditions and safeguards such as those specified in Subdivision 4.c. of this Section, which
are in conformity with the purposes of this Chapter. Violations of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of this Chapter punishable under Section 1101.12. A copy of all decisions
granting variances shall be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
.
f. Appeals. Appeals from any decision of the Board of Adjustment and Appeals may be
made, and as specified in the Shorewood Zoning Code and also by Minnesota Statutes.
g. Record Keeping. The City shall maintain a record of all variance actions, including
justification for their issuance.
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Subd.4. Conditional Uses. The City Council shall hear and decide applications for conditional
uses permissible under this Chapter. Applications shall be submitted to the Zoning
Administrator who shall then forward the application to the Planning Commission for
consideration.
a. Procedure. Conditional use permits shall be subject to the procedural requirements set
forth in Section 1201.04 of the Shorewood City Code. In addition, the following procedures
shall be established:
(1) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the City staff for determining the suitability of
the particular site for the proposed use:
(a) Five (5) copies of plans drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed structures, fill,
storage of materials, flood proofing measures, and the relationship of the
above to the location of the stream channel; and
(b) Specifications for building construction and materials, flood proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply
and sanitary facilities.
.
(2) Transmit one copy ofthe information described in Subsection (l)(a) above to a
designated engineer or other expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation to flood heights and
velocities, the seriousness of flood damage to the use, the adequacy of the plans for
protection, and other technical matters.
(3) Mail one copy of the application to the Commissioner of Natural Resources
sufficiently in advance so that the Commissioner will receive at least ten days notice
of the hearing.
(3) Based upon the technical evaluation of the designated engineer or expert, the City
Council shall determine the specific flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood hazard.
d. Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon
conditional use applications, the City Council shall consider all relevant factors specified in
other sections of this Chapter, and:
(1) The danger to life and property due to increased flood heights or velocities caused
by encroachments.
.
(2) The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic structures.
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
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(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
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The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The requirements of the facility for a waterfront location.
The availability of alternative locations not subject to flooding for the proposed use.
The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
The safety of access to the property in times of flood for ordinary and emergency
vehicles.
The expected heights, velocity, duration, rate of rise, and sedimenttransport ofthe
flood waters expected at the site.
Such other factors which are relevant to the purposes ofthis Chapter.
e. Conditions Attached to Conditional Use Permits. Upon consideration ofthe factors listed
above and the purpose of this Chapter, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this
Chapter. Such conditions may include, but are not limited to, the following:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(5) Flood proofing measures, in accordance with the State Building Code and this
Chapter. The applicant shall submit a plan or document certified by a registered
professional engineer or architect that the flood proofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
.
f. A copy of all decisions granting conditional use permits shall be forwarded by mail to the
Commissioner of Natural Resources within ten days of such action.
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1101.11
NONCONFORMING USES
Subd. 1. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Chapter but which is not in conformity with the provisions of this Chapter
may be continued subject to the following conditions. Historic structures, as defined in the 44
Code of Federal Regulations, Part 59.1, shall be subject to the following provisions:
a. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
b. Any structural alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or use shall be
protected to the Regulatory Flood Protection Elevation in accordance with any ofthe
elevation on fill or flood proofing techniques (i.e., FP-l thru FP-4 flood proofing
classifications) allowable in the State Building Code, except as further restricted in Subd. 1.c.
and f. below.
.
c. The cost of any structural alterations or additions to any nonconforming structure over the
life of the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this Section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the Community's initial flood plain controls must be
calculated into today's current cost which will include all costs such as construction materials
and a reasonable cost placed on all manpower or labor. If the current cost of all previous and
proposed alterations and additions exceeds 50 percent of the current market value of the
structure, then the structure must meet the standards of Sections 1101.04 and 1101.05 ofthis
Chapter for new structures, depending upon whether the structure is in the Floodway or Flood
Fringe District, respectively.
d. If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this Chapter.
e. If any nonconforming use or structure is substantially damaged, as defined in Section
1101.02 Subd. 8.s. of this Chapter, it shall not be reconstructed except in conformity with the
provisions of this Chapter. The applicable provisions for establishing new uses or new
structures in Sections 1101.04 and 1101.05 will apply, depending upon whether the use or
structure is in the Floodway or Flood Fringe District, respectively.
f. If a substantial improvement occurs, as defined in Section 1101.02 Subd. 8.s. of this
Chapter, from any combination of a building addition to the outside dimensions of the existing
building or a rehabilitation, reconstruction, alteration, or other improvement to the inside
dimensions of an existing nonconforming building, then the building addition (as required by
Subd. l.b., above) and the existing nonconforming building must meet the requirements of
Section 1101.04 and 1101.05 of this Chapter for new structures, depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
.
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1101.12
PENALTIES FOR VIOLATION
Subd. 1. Violation of the provisions of this Chapter or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the City of Shorewood from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions may include
but are not limited to:
a. In responding to a suspected ordinance violation, the City may utilize the full array of
enforcement actions available to it including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance availability to the guilty party. The
City must act in good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Pro gram.
b. When an ordinance violation is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator shall immediately investigate the situation
and document the nature and extent of the violation ofthis Chapter. As soon as is reasonably
possible, this information will be submitted to the appropriate Department of Natural
Resources' and Federal Emergency Management Agency Regional Office along with the
City's plan of action to correct the violation to the degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this
Chapter and all other official controls and the nature and extent of the suspected violation of
these controls. If the structure and/or use is under construction or development, the Zoning
Administrator may order the construction or development immediately halted until a proper
permit or approval is granted by the Community. If the construction or development is
already completed, then the Zoning Administrator may either: (1) issue an order identifying
the corrective actions that must be made within a specified time period to bring the use or
structure into compliance with the official controls; or (2) notify the responsible party to apply
for an after-the-fact permit/development approval within a specified period of time not to
exceed 30-days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within
the specified period of time, each additional day that lapses shall constitute an additional
violation of this Chapter and shall be prosecuted accordingly. The Zoning Administrator shall
also upon the lapse of the specified response period notify the landowner to restore the land to
the condition which existed prior to the violation of this Chapter.
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1101.13
AMENDMENTS
The flood plain designation on the Flood Insurance Rate Map shall not be removed from flood plain
areas unless it can be shown that the designation is in error or that the area has been filled to or
above the elevation ofthe regulatory flood protection elevation and is contiguous to lands outside
the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural
Resources ifhe determines that, through other measures, lands are adequately protected for the
intended use.
All amendments to this Chapter, including amendments to the Flood Insurance Rate Map, must be
submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes
in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given lO-days written notice of all hearings to
consider an amendment to this Chapter and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL ofthe City of Shorewoo~"Minnesota, this 13th day of
September, 2004. // .
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WOODY LOVE, MAYOR
ATTEST:
, CIT ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. ani)
AN ORDINANCE AMENDING CHAPTERS 201 AND 202
OF THE SHOREWOOD CITY CODE
RELATING TO THE PLANNING COMMISSION AND PARK COMMISSION
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 201.03, Subd. 1, of the Shorewood City Code shall be amended to read as
follows:
Subd. 1. Term of Appointment: The City Council shall by resolution appoint the Planning
Commissioners to serve three- (3-) year terms and the terms shall be staggered. All
appointments shall be made by resolution. Terms of appointment commence on March 1
and shall terminate on the last day of February, or until the vacancy is filled.
Exception: Those appointments made in January, 1999, shall be effective immediately upon
passage of the appointment resolution.
Section 2. Section 202.02, Subd. 1, of the Shorewood City Code shall be amended to read as
follows:
Subd. 1. Membership in the Commission: Membership shall consist of up to seven (7)
residents of the City appointed by the City Council. Terms of all members shall be for three
(3) years, and the terms shall be staggered. All appointments shall be made by resolution.
Terms of appointment commence on March 1 and terminate on the last day of February, or
until the vacancy is filled.
Exception: Those appointments made in January, 1999, shall be effective immediately upon
passage of the appointment resolution.
The City Council shall designate one of its members as its liaison to meet with the Park
Commission, and it shall direct the Park Commission to designate one member of its body
as a liaison person to meet with the Planning Commission, and the Planning Commission
shall designate one member of its body as a liaison to meet with the Park Commission.
Section 3. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY
of September, 2004.
Attest:
Woody Love, Mayor
.
.
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CITY OF SHOREWOOD
ORDINANCE NO. 407
AN ORDINANCE AMENDING CHAPTERS 201 AND 202
OF THE SHOREWOOD CITY CODE
RELATING TO THE PLANNING COMMISSION AND PARK COMMISSION
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 201.03, Subd. 2, of the Shorewood City Code shall be amended to read as
follows:
Subd. 1. Term: The term of the chair and vice-chair shall be for one year. The chair and vice-
chair shall be selected annually by the members of the Commission.
Section 2. Section 202.03, Subd. 1, of the Shorewood City Code shall be amended to read as
follows:
Subd. 1. Officers: The chair and vice-chair of the Park Commission shall be selected by the
members of the Commission, and those persons shall serve in their respective positions for a
period of one year. The Park Commission may appoint a secretary from among its members.
Section 3. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 2ih day of
September, 2004. e U-
Woody Love, Mayor
Attest:
awson, City Administrator/Clerk
.
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ORDINANCE NO. 408
AN ORDINANCE AMENDING CHAPTER 105
OF THE SHOREWOOD CITY CODE
RELATING TO SALARIES FOR THE MAYOR AND CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 105.05 ofthe Shorewood City Code shall be amended to read as follows:
105.05: MAYOR AND CITY COUNCIL: Commencing January 1,2005, the monthly salary
ofthe Mayor of the City shall be three hundred dollars ($300)" and the monthly salary of each
member ofthe City Council shall be two hundred fifty dollars ($250).
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 this 11th day of
October, 2004.
Woody Love, Mayor
Attest:
.
CITY OF SHOREWOOD
ORDINANCE NO. 409
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE
CITY OF SHOREWOOD MINNESOTA,
AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING
CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS
EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR
THE VIOLATION OF THE CODE OF ORDINANCES
WHEREAS Minnesota Statutes Sections 415.02 and 415.03 authorize the city to cause its
ordinances to be codified and printed in a book,
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. The general ordinances of the City as amended, restated, revised, updated, codified
and compiled in book form, including penalties for the violations of various provisions
thereof, are hereby adopted and shall constitute the "Code of Ordinances of the City of
Shorewood." This Code of Ordinances also adopts by reference certain statutes and
administrative rules of the State of Minnesota as named in the Code of Ordinances.
. Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles:
Title 100: Administration
Title 200: Boards and Commissions
Title 300: Business Regulations
Title 400: Liquor Regulations
Title 500: Public Health
Title 600: Public Safety
Title 700: Animal Regulations
Title 800: [Reserved]
Title 900: Public Right-of-Way and Property
Title 1000: Building Regulations
Title 1100: Flood Plain and Wetland Developments
Title 1200: Zoning and Subdivision Regulations
Title 1300: Municipal Fees
.
Section 3. All prior ordinances, pertaining to the subjects treated in the Code of Ordinances,
shall be deemed repealed from and after the effective date of this ordinance, except as they are
included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal
shall not affect any offense committed or penalty incurred or any right established prior to the
effective (late of this ordinance, nor shall this repeal affect the provisions of ordinances
levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or
granting special rights to certain persons, authorizing public improvements, authorizing the
.
.
.
issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal
property, granting or accepting easements, plat or dedication of land to public use, vacating or
setting the boundaries of streets or other public places; nor shall this rePeal affect any other
ordinance of a temporary or special nature or pertaining to subjects not contained in or covered
by the Code of Ordinances.
Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient publication of
any ordinance included in it and not previously published in the City's official newspaper. The
Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for
general distribution to the public at actual cost and shall furnish a copy of the Code of
Ordinances to the County Law Library or its designated depository. The official copy of this
Code of Ordinances shall marked and be kept in the office of the City Clerk.
Section S. The Code of Ordinances is declared to be prima facie evidence of the law of the
City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the
State of Minnesota.
Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself,
shall take effect upon publication of this ordinance in the City's official newspaper.
ADOPTED BY TIlE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd day
of November, 2004.
/'""",
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( ~
hJ. /...
WOODY WVE, MAYOR
ATTEST:
ON, CITY ADMINISTRATOR/CLERK
.
CITY OF SHOREWOOD
ORDINANCE NO. 410
AN ORDINANCE AMENDING SECTION 1201.03 SUBD. 11. e.(2). (C-1 SIGNS)
OF THE SHOREWOOD ZONING CODE
Section 1. Section 1201.03 Subd. l1.e.(2) of the Shorewood City Code is hereby
amended to read as follows:
"(2) R-C Residential/Commercial and C-l Commercial Districts. Subject to
other conditions ofthis chapter, the following signs shall be allowed in the
R-C and C-1 Districts:
(a) Signs are regulated in e(l) above;
(b) Business signs in the R-C Districts shall be subject to the
requirements of Section 1201.19 Subd. 8.d. of this Code.
(c) Business signs in the C-1 Districts shall be subj ect to the
following:
(i)
The maximum number of signs for any principal building
shall be three except by conditional use as provided in
(3)(c) below. The maximum total area for all signs shall be
determined by taking 10% of the gross silhouette area of
the front of the building. Signs may be illuminated.
.
(ii) For purposes of determining the gross area of the silhouette
of the principal building, the silhouette shall be defined as
that area within an outline drawing of the principal building
as viewed from the front lot line.
(iii) Each lot will be allowed only one freestanding sign, not to
exceed 20 feet in height.
Section 2. 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 S
day of December 2004.
WOODY LOVE, MAYOR
.
ATTEST:
. DAWSON, CITY ADMINISTRATOR/CLERK
.
.
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CITY OF SHOREWOOD
ORDINANCE NO. 411
AN ORDINANCE AMENDING SECTION 1201.25 SUBD. 2. (P.U.D. -
PERMITTED USES) OF THE SHOREWOOD ZONING CODE
Section 1. Section 1201.25 Subd. 2. of the Shorewood City Code is hereby
amended to read as follows:
"Subd. 2.
Permitted Uses. The development agreement for any proposed P.U.D.
shall set forth the uses permitted within the proposed P.D.D. All
permitted, accessory, or conditional uses allowed in this chapter may be
considered for a P.U.D.. However, any P.D.D. that includes a mixture of
residential and nonresidential uses shall be limited to property containing
no less than four acres of gross land area."
Section 2. 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 13th
day of December 2004.
!lf62
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk