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2010 Ord No. 463 - 473 2010 ORDINANCES Approved Published 463 Setting License, Permit, Service Charges and Misc. Fees 1/11/10 Yes 464 Amending Chapter 903 of the Shorewood City Code 2/22/10 Yes 465 Amending Chapter 106 of the Shorewood City Code – Biennial 4/26/10 Yes Elections 466 City Code Amendment Chapter 201 4/26/10 Yes (Res. 10-020) 467 Amending Chapter 1200 of the Shorewood City Code (Zoning) 5/24/10 Yes Regarding Campaign Signs Amending the Shorewood City Code to Replace Existing 468 Chapter 202 in its Entirety with a Revised 5/24/10 Yes 469 Amending the Shorewood City Code Chapter 201.03 (Planning 6/14/10 Yes Commission) and Chapter 202.02 (Park Commission) 470Enacting and Adopting the 2010 S-5 Supplement to the Code of 6/28/10 Yes Ordinances for the City of Shorewood Minnesota (Res. 10-033) 471 License, Permit, Service Charges and Miscellaneous Fees 11/22/10 Yes (Massage Therapist) 472 Amending the Shorewood Zoning Code as it Pertains to 12/13/10 Yes Nonconforming Buildings, Structures and Uses 473 Amending the Shorewood Zoning Code as it Pertains to 12/13/10 Yes the Regulation of Trash Receptacles CITY OF SHO REWOOD ORDINANCE NO. 463 AN ORDINANCE TITLE "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITE' OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended to include the following changes, additions, deletions to the fee schedule as indicated: M I. Miscellaneous Permits and Licenses Type of Charge /Fee City Code Reference New Fee Administrative Enforcement 104.03 Class A Offenses: $100 Violations of Public Health Regulations (Chapters 501 -503, except those violations which are also Zoning Code Violations) Class B Offenses: $200 Violations of Rental Housing Regulations (Chapter 1004) Class C Offenses: $300 Violations of Building Regulations (Chapters 1001 -1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1 103) Violations of Zoning Regulations (Chapter 1201) Subsequent Violations: 2" citation within 24 months of 25% increase over issuance of previous citation scheduled civil penalty 3` citation within 24 months of 50% increase over issuance of previous citation scheduled civil penalty 4"' citation within 24 months of 100% increase over issuance of previous citation scheduled civil penalty III, Utility Rates Water Type of Charge /Fee City Code Existing Fee New Fee Reference Water service Type of Charge /Fee Water connection fee Single - family Residential Multi - family Residential Commercial Schools, churches, government and other non - residential 903.09.1a $35 /quarter first 10,000 $17.50 /quarter first 5,000 gallons, plus $2.95 per gallons, phis $2.95 per 1,000 gallons in excess of 1,000 gallons in excess of 10,000 gallons up to 5,000 gallons up to 50,000 50,000 gallons, and $3.75 gallons, and $4.25 per 1,000 per 1,000 gallons in gallons in excess of 50,000 excess of 50,000 gallons gallons per quarter per quarter City Code Existing Fee New Fee Reference 903.04 Connection fee shall be $10,000 the same as the amount specified in §903.18, subd. 6.a. less any amounts previously paid for trunk water improvements as special assessments or for trunk charges at the time of subdivision of land pursuant to §903.18 Subd. 6.a See chart and formula in §903.04 Subd. 3.a. Recycling Type of ChargelFee City Code Existing Fee New Fee Reference Residential recycling fee 1 � $1.75 /month/household $4.50 /month /household Water Type of ChargelFee City Code Ch argelFee Reference Base water special assessment (R) 903.18.03 $5,000 Water trunk charge (T) 903.18.06 $10,000 Water supply — research of properties $20 $75 Recycling Recycling containers $8 after first container Wheel -eez $10 each CHANGE: IV. Miscellaneous Fees and Charges Type of ChargelFee City Code Reference Existing Fee New Fee Special Assessment search 1201.04.1a $20 $25 CHANGE: VI. Building, Zoning, Land Use Existing Fee New Fee Zoning /amendments 1201.04.1a $600 $600 plus $1,000 escrow Se ction 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 11th day of January, 2010. Christine Lizee, Mayor CITE' OF SHOREWOOD ORDINANCE NO, 464 AN ORDINANCE AMENDING C A°TE 903 OF THE SHOREWOOD CITE' CODE Section 1 : Section 903.08, Subd. 6, the entire paragraph starting with "Calibration of'water and remote reader," is hereby deleted. Section 2 : Section 903.09, Subd. La.(2), the entire paragraph starting with "Minimum rate for low income residents," is hereby deleted. Section 3 : Section 903.09, subd. 2, in the paragraph starting with Listing of accounts, the third sentence is amended to read: "If nonresident owners or agents desire personal notice sent to a different address, they shall file an application therefore with the city." Section 4 : This Ordinance shall be in full force and effect upon its publication in the Official Newspaper of the City of Shorewood. ATTEST istrator /Clerk CITE' OF SHOREWOOD ORDINANCE NO. 465 AN ORDINANCE AMENDING CHAPTER 106 OF THE SHORFWOOD CITY CODE Section 1 : Chapter 106 is hereby amended to read: Subdivision 1. Date of election. The regular city election will be held biennially on the first Tuesday after the first Monday in November in even numbered years. Subdivison 2. Election of Mayor and Council members. The city council is comprised of a Mayor and four Council members. All council members shall be elected at- large. Biennial elections shall take place with the following staggering of terms commencing with the 2008 election: two council members shall be elected for two -year terms, and two council members shall be elected for four -year terms. The mayor shall be elected for a two -year term at each biennial election. Two Council members shall be elected for four -year terms at each biennial election thereafter. The terms of elective officers shall commence on the first business day of January following the election at which the officer was elected. Subdivision 3. Adoption of Minnesota Statutes and Rules by Reference. The provisions of M.S. Chapters 200 -212, and Minnesota Rules Chapters 8200 -8255, as they may be amended from time to time, are hereby adopted by reference and made part of this chapter as if set out in full. Section 2 : This Ordinance shall be in full force and effect upon its publication in the Official Newspaper of the City of Shorewood. k CITY OF SHOREWOOD ORDINANCE NO. 466 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 201 IN ITS ENTIRETY WITH A REVISED CHAPTER 201 (PLANNING COMMISSION) Section 1. Chapter 201 (Planning Commission) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 201 PLANNING COMMISSION Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 Attendance 201.06 Staff for the Commission 201.07 Powers and Duties 201.08 Amendments 201.01 ESTABLISHMENT. The Planning Commission is hereby established. The Planning Commission shall be the city planning agency authorized by M.S. 462.354, subd. 1, as it may be amended from time to time. Except as otherwise provided in this ordinance, the Planning Commission shall be advisory to the City Council. 201.02 COMPOSITION. The Planning Commission shall consist of seven members, who are current residents of Shorewood, appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. (1987 Code, 201.02) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999) 201.03 MEMBERS OF COMMISSION. Subd. 1. Term of appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three -year terms 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. Subd. 2. Liaisons, The City Council shall designate one of its members as its liaison to meet with the Planning Commission, and it shall direct the Planning Commission to designate one member of its body from time to time as a liaison to meet with the City Council and one member from time to time as a liaison to meet with the Park Commission as needed. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired terns of the member whose place has become vacant in the manner herein provided for the appointment of members. (1987 Code, 201.03) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999; Am. Ord. 406, passed 9 -13 -2004) 201.04 ORGANIZATION. Subd. 1. Officers. The Chairperson and Vice - Chairperson shall be appointed annually by the members of the Planning Commission. Subd. 2. Term. The term of the Chairperson and Vice - Chairperson shall be for one year. Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. Subd. 4. Minutes and records. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Subd. 5. Rules and procedure. The Planning Commission shall conduct its meetings consistent with Robert's Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this chapter. Subd. 6. Quorum. No business shall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the -2- majority of all members present shall be necessary to any action by the Planning Commission. (1987 Code, 201.04) (Ord. 77, passed 9 -24 -1973; Am. Ord. 407, passed 9 -27 -2004; Am. Ord. 435, passed 3 -12 -2007) 201.05 ATTENDANCE. Duly appointed members of the Planning Commission shall be required to attend no less than half the official meetings of the Planning Commission held within a given calendar year. Failure to attend no less than half of the official meetings within a given calendar year shall be considered as formal notice of resignation from said Planning Commission. In addition, failure to attend four - consecutive regular meetings without excuse of the Chair of the Planning Commission, shall be considered as formal notice of resignation from said Planning Commission. 201.06 STAFF FOR THE COMMISSION. The Planning Director shall act as primary staff for the Planning Commission and shall attend Commission meetings. Other City staff and the City Attorney may act as staff for the Planning Commission as may be required. City Staff may provide the Commission with information as requested by the Commission. The City Clerk or the City Cleric's designee may perform secretarial duties for the Commission, such as the keeping of minutes, and is responsible for the keeping of records. 201.07 POWERS AND DUTIES. Subd. 1. Generally. The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by City Council or City policy. The Planning Commission also shall exercise the duties conferred upon it by this ordinance. Subd. 2. Comprehensive Plan. It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city. This plan may be prepared in sections, each of which shall relate to a comprehensive plan program. After the City Council has adopted the Comprehensive Plan, the Planning Commission may periodically, but at least every five years, review the Comprehensive Plan and any ordinances or programs implementing the plan. -3- Subd. 3. Means of Executing Plan. Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof, in order that it will serve as a pattern and guide for the orderly physical development of the city. Means of effectuating the plan, among other things, shall consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council. Subd. 4. Zoning Ordinance. Pursuant to M.S. 462.357, subd. 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the zoning ordinance, conduct public hearings as directed by City Council or City policy, and make recommendations to the City Council concerning zoning ordinance amendments and their relation to the Comprehensive Plan and other land use controls. The Planning Commission shall report its recommendations to the City Council for action. Subd. 5. Conditional Use Permits. The Planning Commission shall make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 6. Interim Use Permits. The Planning Commission shall make recommendations on all requests for an interim use permit under the terms of the zoning ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 7. Subdivision Regulations. The Planning Commission shall make recommendations about the subdividing of land as prescribed by the ordinance and conduct public hearings as directed by City Council or City policy. The Planning Commission shall report its recommendations to the City Council for action. Subd. 8. Zoning Variances. All applications for variances shall be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.357, subd. 6, as it may be amended from time to time for its decision. Subd. 9. Appeals to Interpretation of Zoning Code Provisions or Denials of'Zoning or Building Permits Based on the Zoning Code. In cases where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of the Zoning Code, appeals shall be referred to the Planning Commission, and forwarded with its recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and -4- Adjustments as provided for in M.S. 462.359, subd. 4, as it may be amended from time to time for its decision. Subd. 10. Capital Improvements. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed capital improvement with the Comprehensive Plan. The City Council may by resolution adopted by two- thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed capital improvement has no relationship to the Comprehensive Plan. Subd. 11. Purchase and Sale of Real Property. Pursuant to M.S. 462.356, subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed acquisitions or disposals of publically owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the Comprehensive Plan. The City Council may by resolution adopted by two - thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the Comprehensive Plan. Subd. 12. Comprehensive Plan Amendments. Pursuant to M.S. 462.355, subds. 2, 3, as it may be amended from time to time, after adoption of a comprehensive plan, the Planning Commission shall review all proposed amendments to the Comprehensive Plan, hold at least one public hearing, and make recommendations to the City Council relative to the amendments and their relation to the Comprehensive Plan and other land use controls. The Planning Commission shall report its recommendations to the City Councill for action. 201.08 AMENDMENTS. This chapter shall be amended only upon approval of a majority vote of the entire City Council. (1987 Code, 201.05) (Ord. 315, passed 11- 25- 1996)" -5- 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 26 day of April 2010. CHRISTINE LIZEE, MAYOR ATTEST: , R/CLERK -6- CITY OF SHOREWOOD ORDINANCE NO. 467 AN ORDINANCE AMENDING CHAPTER 1200 OF THE SHOREWOOD CITY CODE (ZONING) REGARDING CAMPAIGN SIGNS Section 1. Section 1201.03 Subd. l l.b.(1)(d) of the Shorewood City Code is hereby amended to read as follows: "(d) Every campaign sign must contain the name and address of persons responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other noncommercial speech signs may be posted from 46 days before the state primary in a state general election year until ten days following the state general election, pursuant to Minnesota Statutes 21113.045. Signs posted both during and after this time period are subject to all other applicable requirements in this subdivision. At any time, the City shall have the right to remove signs that are prohibited under this subdivision and assess a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs shall not be located closer than ten feet from any street surface and shall not be placed in front of any property without the consent of the property owner. 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 24th day of May, 2010. 6�fA; Christine Liz6e, Mayor CITY OF SHORE WOOD ORDINANCE NO. 468 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 202 IN ITS ENTIRETY WITH A REVISED CHAPTER 202 (PARK COMMISSION) Section 1. Chapter 202 (Park Commission) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 202 PARK COMMISSION Section 202.01 Purpose 202.02 Commission created, membership, term of office 202.03 Organization 202.04 Powers and duties 202.05 Amendments 202.01 PURPOSE. The city does now operate and maintain public parks for the benefit and pleasure of its citizens, and the city has in the past expended monies for capital improvements and maintenance of these parks. It is the desire of the city to establish a Park Commission for the city as an advisory body to the City Council to aid that Council in the expenditure of monies so that the greatest benefit may be obtained from the use and maintenance of the parks. (1987 Code, ' 202.01) (Ord. 84, passed 6 -23 -1975) 202.02 COMMISSION CREATED, MEMBERSHIP, TERM OF OFFICE. A Shorewood Park Commission is created which will serve as an advisory body to the City Council. Subd. 1. Membership in the Commission. a. Membership shall consist of up to seven residents of the city appointed by the City Council. Terms of all members shah be for three years, and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on March I and terminate on the last day of February, or until the vacancy is filled. b. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. c. 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. Subd. 2. Removals. The City Council shall have the power to remove any member of the Park Commission. Subd. 3. Attendance. Duly appointed members of the Park Commission shall be required to attend no less than one -half (6 meetings a year) of the official meetings in a given year. Failure to attend the requisite number of meetings shall be considered resignation from the Park Commission. (1987 Code, ' 202.02) (Ord. 84, passed 6 -23 -1975; Ord. 264, passed 1 -11 -1993; Ord. 278, passed 8 -23 -1993; Ord. 317, passed 12 -4 -1996; Ord. 349, passed 1 -25 -1999; Am. Ord. 406, passed 9 -13 -2004) 202.03 ORGANIZATION. 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. Subd. 2. Meetings. The Park Commission shall meet at least monthly, and all meetings shall be open to the public. Subd. 3. Rules of order and business. The Park Commission shall adopt rules and regulations governing the conduct of its meetings. A majority of its membership shall be required to conduct official business. Subd. 4. Minutes and records. The Park Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating the fact, and shall also keep records of its hearings and other official actions. Every requirement, decision, or determination of the Park Commission shall be filed with the City Council and shall be a public record. (1987 Code, ' 202.03) (Ord. 84, passed 6 -23 -1975; Ord. 102, passed 8 -14 -1978; Ord. 317, passed 12 -4 -1996; Am. Ord. 407, passed 9 -27 -2004) 202.04 POWERS AND DUTIES. 2- The Commission is designated the following responsibilities: Subd. 1. Consider, review, report and advise on all matters which the Council may refer to the Commission; Subd. 2. Plan, on a long -term basis, for the future park and recreational needs of the city and recommend to the Council a feasible means of financing the long -term requirements; Subd. 3. Recommend to the Council operating policies and procedures for use of existing parks; Subd. 4. On or before July 15 of each year, develop and refer to the Council a recommended operational and capital improvement budget for parks for the ensuing year; Subd. 5. Submit to the Planning Commission comments on any proposed subdivisions, as the same may or may not affect the city's park and playground requirements. (1987 Code, ' 202.03) (Ord. 84, passed 6 -23 -1975) 202.05 AMENDMENTS This chapter shall be amended only upon approval of a majority vote of the entire City Council. 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 24th day of May 2010. CHRISTINE LIZEE, MAYOR ATTEST: CITY ADMINISTRATOR/CLERK -3- C� I f Y `Z � J �1 [. 9[ ORDINANCE NO. 469 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE CHAPTER 201.03 (PLANNING COMMISSION) AND CHAPTER 202.02 (PARK COMMISSION) Section 1. Chapter 201.03 of the Shorewood City Code is hereby amended to add: Subd. 5. City Policies. Except where indicated, the Shorewood Personnel Policy Manual shall not apply to commission members. Section 2. Chapter 202.02 of the Shorewood City Code is hereby amended to add: Subd. 4. City Policies. Except where indicated, the Shorewood Personnel Policy Manual shall not apply to commission members. Section 3. 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 14th day of June 2010. ATTEST zz U Ch Liz�e, Mayor Brian .e ministrator /Clerk CITY OF SHORE WOOD ORDINANCE NO. 470 AN ORDINANCE ENACTING AND ADOPTING THE 2010 S -5 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fifth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 464 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section I. That the fifth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2010 S -5 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of June, 2010. a Ch L�z6e, Mayor ATTEST: SHOREWOOD, MINNESOTA Instruction Sheet 2010 S -5 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page 1:11�i�' IJ11�ClZ 71� /:VIII 9, 10 TITLE 100: ADMINISTRATION 103 -1 through 104 -2 103 -1 through 104 -6 TITLE 500: PUBLIC HEALTH 503 -5, 503 -6 503 -5, 503 -6 TITLE 900: PUBLIC RIGHT -OF -WAY AND PROPERTY 903 -7 through 903 -10 903 -7 through 903 -10 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 - 15,1201 -16 1201 -21, 1201 -22 1201 -51 through 1201 -54 1201 - 63,1201 -64 1201 -85, 1201 -86 1301 - 1,1301 -2 1301 -5 through 1301 -8 1301- 11,1301 -12 5, 6 27,28 1201 -15, 1201 -16 1201- 21,1201 -22 1201 -51 through 1201 -54B 1201 -63 through 1201 -64B 1201- 85,1201 -86 TITLE 1300: MUNICIPAL FEES 1301-1 through 1301 -213 1301 -5 through 1301 -8 1301 -11, 1301 -12 PARALLEL REFERENCES 5,6 27, 28 INDEX w 7, 8 memf 04/10 CITY OF SHOREWOOD ORDINANCE NO. 471 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section I. Miscellaneous Permits and Licenses, change the Therapeutic massage license fee as indicated: Type of Charke/Fee Amount of Charae/Fee Therapeutic massage license fee $50 Application Investigation fee $100 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 22nd day of November 2010. ATTEST: C Liz�e, Mayor CITY OF SHOREWOOD ORDINANCE NO. 472 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. l .b.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. I.e. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a nonconforming structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. 1.d, is hereby amended to include: "In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage, and shall be subject to review and recommendation by the Planning Commission and approval by the City Council." Section 4. City Code Section 1201.03 Subd. l .g. is hereby amended to read: "g. Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 6. City Code Sections 1201.03 Subd. I.I. and m. are hereby deleted: Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: "(e) Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constricted prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property." Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. -2- Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December 2010. ATTEST: /1 r . �riarr - Reek; Ci Administrator /Clerk f ' V111 Christine Liz6e, Mayor -3- CITY OF SHOREWOOD ORDINANCE NO. 473 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE REGULATION OF TRASH RECEPTACLES Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read: "n. Refuse. (1) Except for single - family and two - family dwellings, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: (a) The enclosed trash receptacle shall be located in the rear or side yard, but not in a side yard abutting a street, no closer to the public right of way than the principal structure. If the enclosure is higher than six feet, it shall comply with the setback requirements of the zoning district in which it is located. (b) The trash enclosure shall be in an accessible location for servicing vehicles and shall not interfere with site circulation. (c) The trash receptacles must be fully screened from view of adjacent properties and the public right -of -way. (d) The design and construction of the trash enclosure shall be subject to the approval of the Zoning Administrator. The enclosure may consist of construction of a man -made barrier, or landscaping, or both. Where the enclosure consists of landscaping, vegetation shall be of sufficient size, density and type so as to provide a year round visual barrier. Man -made enclosures shall be of solid, durable construction using materials that complement the materials of the principal structure. Required screening shall be consistent with Section 1201.03 Subd. 2.g. of this Code. (e) Recycling space must be provided as required by the State Building Code. (f) The owner of any property subject to the requirements of this section shall construct or install a trash enclosure on or before 1 July 2011." (2) Motor vehicles not currently licensed by the state, or which are, because of mechanical deficiency, incapable of movement under their own power, parked or stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are considered refuse orjunk and shall be disposed of. The outdoor storage of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed." Section 2. City Code Section 1201.03 Subd. 3.c. is hereby amended to include: "(9) Storage of trash receptacles for single - family and two - family dwellings may extend into a required front yard setback or required side yard setback abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse collection day, and must be removed no later than 12 hours after the designated refuse collection day. Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE WOOD this 13th day of December 2010. ATTEST: CI-A"Alor Christine Liz&, Mayor -2-