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American Legal Supplement 01 - 2006
SHOREWOOD, MINNESOTA Instruction Sheet L „^ 2006 S -1 Supplement oYh -J-M�-L 0 1 100U ADOPTING ORDINANCE TITLE 100: ADMINISTRATION TITLE 200: BOARDS AND COMMISSIONS REMOVE OLD PAGES Title Page 105 -3, 105 -4 201 -1 through 202 -4 INSERT NEW PAGES Title Page 1,2 105 -3, 105 -4 201 -1 through 202 -4 TITLE 600: PUBLIC SAFETY • 610 -5 through 610 -8 TITLE 1100: FLOOD PLAIN AND WETLAND DEVELOPMENTS 1101 -1 through 1101 -12 610 -5 through 610 -8 1101 -1 through 1101 -26 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-1,1201-2 1201 -17 through 1201 -22 1201 -39 through 1201 -48 1201 -63 through 1201 -70 1201 -85, 1201 -86 1201 -99 through 1201 -102 1201 -111, 1201 -112 1201 -119 through 1201 -136 1201-149,1201-150 1201-167,1201-168 1201 -175, 1201 -176 1201-179,1201-180 TITLE 1300: MUNICIPAL FEES 1201-1,1201-2 1201 -17 through 1201 -22 1201 -39 through 1201 -48 1201 -63 through 1201 -70B 1201 -85, 1201 -86 1201 -99 through 1201 -102 1201 -111, 1201 -112 1201 -119 through 1201 -136B 1201 -149, 1201 -150 1201-167,1201-168 1201-175,1201-176 1201-179,1201-180 1301-1,1301-2 1301 -1 through 1301 -10 2 Shorewood - Instruction Sheet • REMOVE OLD PAGES 3,4 9, 10 19 through 26 II► - � 0 . 5,6 9, 10 21,22 INSERT NEW PAGES 3,4 9, 10 19 through 26 5,6 9,10 21,22 0 PARALLEL REFERENCES scv 3/2006 • • r1 REMOVE OLD PAGES 1301 -1 through 1301 -6 1301-9,1301-10 scv 5/06 SHOREWOOD, MINNESOTA Instruction Sheet 2006 S -1 Replacement Pages TITLE 1300: MUNICIPAL FEES INSERT NEW PAGES 1301 -1 through 1301 -6 1301-9,1301-10 CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2006 S -1 Supplement contains: Local legislation current through Ord. 421, passed 2 -27 -2006 11 AMERICAN LEGAL PUBLISHING CORPORATION 0 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 • COPYRIGHT © 2006 AMERICAN LEGAL PUBLISHING CORPORATION 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. 0 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 date 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 1 2006S-1 Shorewood - Adopting Ordinance 9 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 be kept in the office of the City Clerk. Section 5. 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 THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd day of November, 2004. Woody Love /s/ Woody Love, Mayor ATTEST: Craip, W. Dawson /s/ Craig W. Dawson, City Administrator /Clerk • 2 2006S-1 105.04 City Officers and Employees 105.05 0 b. Business positions. (1) Each Council member, member of a board or commission and professional staff member shall disclose all positions as officer, director, partner, proprietor or employee of any company, business enterprise or corporation, partnership, labor union or association doing business with the city and indicate with respect to each relationship whether services are gratuitous or for compensation. (2) The disclosure information required herein shall be set forth on a form which shall consist of the following information: 1) Affiliations in Agencies Doing Business with the City of Shorewood - Name of Organization, Positions Held, and Compensation Involved; 2) Real Property Owned in the City of Shorewood - Property Item, Location, Assets; and any additional information as required. The disclosure form shall be made available by the office of the City Administrator /Clerk and upon completion thereof by a Council member, member of a board or commission or professional staff member, shall be filed with the City Administrator /Clerk. Subd. 4. Violation. Any person who shall violate any of the provision hereof shall be guilty of a misdemeanor. (1987 Code, § 105.04) (Ord. 92, passed 5 -9 -1977) 105.05 MAYOR AND CITY COUNCIL. Commencing January 1, 2005, the monthly salary of the Mayor of the city shall be $300 and the monthly salary of each member of the City Council shall be $250. (Am. Ord. 408, passed 10 -11 -2004) • 105 -3 2006S-1 Shorewood - Administration • • 105 -4 • CHAPTER 201 PLANNING COMMISSION 1�1 • Section 201.01 Establishment 201.02 Composition 201.03 Members of Commission 201.04 Organization 201.05 Jurisdiction and duties 201.01 ESTABLISHMENT. The Shorewood Planning Commission has been established pursuant to the powers and duties given the agencies generally by M.S. §§ 462.351 through 462.364. (1987 Code, § 201.01) 201.02 COMPOSITION. The Planning Commission shall consist of seven members 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. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. 201 -1 2006S-1 201.03 Shorewood - Boards and Commissions 201.04 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 as a liaison to meet with the Park Commission, and the Park Commission shall designate one member of its body as a liaison to meet with the Planning Commission. Subd. 3. Removals. The City Council shall have the power to remove any member of the Planning Commission for cause as defined in the Shorewood Personnel Policy and after a public hearing with two weeks published notice by a two - thirds vote of the entire City Council. Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the unexpired term 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 City Council shall appoint a Chairperson and Vice - Chairperson from among the members of the Planning Commission. is Subd. 2. 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. 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. 201 -2 2006S-1 201.04 Planning Commission 201.06 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 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) 201.05 JURISDICTION AND DUTIES. The Planning Commission shall have the following jurisdiction and duties: Subd. 1. To prepare and recommend to the City Council a Comprehensive Plan for development of the city. The Plan shall include reasonable requirements for streets, public grounds and other public facilities and for the use of land within the corporate limits; Subd. 2. To recommend to the City Council changes to the Comprehensive Plan; Subd. 3. To act in an advisory capacity to the City Council in all matters wherein powers are assigned to the City Council by state law concerning comprehensive planning, zoning, platting, environmental regulations and other matters of general planning nature. Subd. 4. To initiate, direct and review the provisions of the zoning ordinance and the subdivision regulations and to report to the City Council its recommendation. Subd. 5. To hear, review and offer recommendations to the City Council on applications for amendments to the zoning ordinance, variance, conditional uses and planned developments. (1987 Code, § 201.04) 201.06 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) C 201 -3 2006S-1 Shorewood - Boards and Commissions • • 201 -4 • CHAPTER 202 PARK COMMISSION Section 202.01 Purpose 202.02 Commission created, membership, term of office 202.03 Organization 202.04 Powers and duties 202.01 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 shall be for three 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. b. Exception: those appointments made in January, 1999, shall be effective immediately upon passage of the appointment resolution. • 202 -1 2006S-1 202.02 Shorewood - Boards and Commissions 202.04 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, and the Planning Commission shall designate one member of its body as a liaison to meet with the Park Commission. Subd. 2. Removals. The City Council shall have the power to remove any member of the Park Commission for cause as defined in the Shorewood Personnel Policy, and after a public hearing with two weeks published notice, by a two - thirds vote of the entire City Council. (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. 0 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. (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. 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; 202 -2 2006S-1 202.04 Subd.4 Subd. 5 Park Commission 202.04 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; 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 -3 2006S-1 Shorewood - Boards and Commissions • • 202 -4 610.09 Traffic Code 610.09 vehicular use, including, but not limited to deterioration, usage, rain, snow or other climatic conditions. Subd. 3. School buses are given special permission to proceed with normal operation of their regularly established routes and at all regularly established hours. Subd. 4. Any other provision of this section notwithstanding, refuse haulers, heating trucks, city trucks or any other vehicle may be exempted by special permit as follows: a. The owner thereof shall first secure from the Public Works Director a certificate setting forth the route or routes and the conditions under which such vehicle or combination of vehicles may be operated, and such vehicle or combination of vehicles shall thereafter be so operated in accordance with the terms of such certificate; b. The Public Works Director is empowered and it is made his or her duty to issue or deny, or issue in modified form, such certificates upon application and to prescribe therein the route or routes and the conditions for operations under each such certificate, and in determining such route or routes and such conditions, the Public Works Director shall permit maximum use of the particular highways and bridges consistent with the maximum capacity of such highways or bridges, as determined with highway engineering practice; • c. The Public Works Director shall have the power to revoke or modify the terms of any existing certificate at any time in the event of operations in violation of any such certificate or in the event of changed conditions requiring such action. The original or a correct copy of the certificate under which operations are being conducted shall be carried at all times in the driver's cab or in any vehicle or combination of vehicles while the same is being operated thereunder. Subd. 5. Exemption from provisions. a. The following streets or highways within the city are specifically exempted from the provisions of Subd. 2. of this section: (1) Academy Avenue; (2) Apple Road; (3) Bayswater Road; (4) Boulder Bridge Drive; (5) Boulder Bridge Lane; (6) Brentridge Drive; 610 -5 610.09 Shorewood - Public Safety 610.09 (7) Burlwood Court; 0 (8) Charleston Circle; (9) Chartwell Hill; (10) Chestnut Court; (11) Chestnut Terrace; (12) Christopher Circle; (13) Country Club Road; (14) Covington Court; (15) Covington Road from Vine Hill Road to Ridge Road; (16) Elbert Point; (17) Eureka Road - Highway 7 to Smithtown Road; (18) Eureka Road - Smithtown Road to Birch Bluff Road; (19) Fairway Drive; (20) Galpin Lake Road; (21) Kelsey Drive; (22) Knightsbridge Road; (23) Manor Road; (24) Maple Leaf Circle; (25) Maple View Court; (26) Marsh Pointe Circle; (27) Marsh Pointe Court; • 610 -6 2006S-1 610.09 Traffic Code (28) Marsh Pointe Drive; (29) Mary Lake Trail; (30) McKinley Circle; (31) McKinley Court; (32) McKinley Place; (33) Mill Street; (34) Minnetonka Boulevard; (35) Muirfield Circle; (36) Near Mountain Boulevard; (37) Oak Leaf Trail; is (38) Old Market Road; (39) Park Lane; (40) St. Albans Bay Road; (41) Shorewood Oaks Drive; (42) Sierra Circle; (43) Silver Lake Trail; (44) Smithtown Circle; (45) Smithtown Road; (46) Smithtown Way; (47) Stratford Place; (48) Sweetwater Circle; i (49) Sweetwater Court; 610 -7 610.09 2006S-1 610.09 Shorewood - Public Safety 610.10 (50) Sweetwater Curve; 0 (51) Vine Hill Road; (52) Vine Ridge Road; (53) Waterford Circle; (54) Waterford Court; (55) Waterford Place; (56) Whitney Circle; (57) Yellowstone Trail. b. 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 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. (1987 Code, § 801.09) (Ord. 163, passed 2 -11 -1985; Ord. 179, passed 2 -24 -1986; Ord. 222, passed 3- 12 -90; Ord. 297, passed 2 -27 -1995; Am. Ord. 402, passed 3 -8 -2004) Penalty, see § 104.01 610.10 VIOLATIONS. Any violation of the provisions hereof or of the statutes adopted by reference in § 610.01 is a violation of this chapter when it occurs within the city. Any person thus violating any provision of this chapter shall be guilty of a misdemeanor. (1987 Code, § 801.10) (Ord. 53, passed 1 -22 -1968; Am. Ord. 56, passed 9 -8 -1969; Am. Ord. 330, passed 2 -9 -1998) Penalty, see § 104.01 r� L 610 -8 2006S-1 • CHAPTER 1101 FLOOD PLAIN MANAGEMENT REGULATIONS • Section 1101.01 Statutory authorization, findings of fact and purpose 1101.02 General provisions 1101.03 Establishment of flood plain districts 1101.04 FW, Floodway District 1101.05 FF, Flood Fringe District 1101.06 Reserved for future use 1101.07 Subdivisions 1101.08 Public utilities, railroads, roads and bridges 1101.09 Manufactured homes and placement of recreational vehicles 1101.10 Administration 1101.11 Nonconforming uses 1101.12 Penalties for violation 1101.13 Amendments 1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in M.S. 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. Periodic inundation. The flood hazard areas of Shorewood, Minnesota, are subject 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 of the tax base, all of which adversely affect the public health, safety and general welfare. C � 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. 1101 -1 2006S-1 1101.01 Shorewood - Flood Plain and Wetland Developments 1101.02 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 C.F.R. 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 of this 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. (Ord. 405, passed 9 -13 -2004) 1101.02 GENERAL PROVISIONS. Subd. 1. Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the city shown on the Flood Insurance Rate Map as being located within the boundaries of the Floodway and Flood Fringe Districts, as defined in § 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 of 2 and Volume 2 of 2, Hennepin County, Minnesota, all jurisdictions and the Flood Insurance Rate Map panels numbered 27053CO292 E, 2705300295 E, 27053CO308 E, 27053CO309 E, 27053CO311 E, 27053CO312 E, 27053CO313 E, 27053CO314 E, 27053CO316 E, 27053CO317 E, 27053CO318 E, and 27053CO319 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 of the 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 of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 0 • b. The flood plain within the city is hereby designated as either Floodway District or Flood Fringe District, as defined in § 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 1101 -2 2006S-1 1101.02 Flood Plain Management Regulations 1101.02 be a conflict between a mapped boundary and actual field conditions and there is a formal PP appeal of the 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 site at the time the city adopted its initial flood plain 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 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. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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. BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 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. 1101 -3 2006S-1 1101.02 Shorewood - Flood Plain and Wetland Developments 1101.02 EQUAL DEGREE OF ENCROACHMENT. A method of determinin g 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. FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the flood plain outside of the floodway. For the purposes of this chapter, FLOOD FRINGE shall be as defined in § 1101.03 Subd. Lb. 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. FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. For the purposes of this chapter, FLOODWAY shall be as defined in § 1101.03 Subd. Lb. of this chapter. 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. 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." OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures. 1101 -4 2006S-1 1101.02 Flood Plain Management Regulations 1101.02 REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In 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. 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 § 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% 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% 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. 1101 -5 2006S-1 1101.02 Shorewood - Flood Plain and Wetland Developments 1101.03 (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this chapter, "historic structure" shall be as defined in 44 C.F.R., Part 59.1. 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. (Ord. 405, passed 9 -13 -2004) 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 § 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 § 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. (1) The A Zone District shall include those areas designated as Zone A without a floodway on the Flood Insurance Rate Map adopted in § 1101.02 Subd. 2. of this chapter. (2) 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 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. 1101 -6 2006S-1 1101.03 Flood Plain Management Regulations 1101.03 (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 C.F.R. • 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 convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot 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 of the 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 1101 -7 2006S-1 1101.03 Shorewood - Flood Plain and Wetland Developments 1101.04 Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries 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 this chapter. d. District application. The Flood Plain Districts shall be applied to and superimposed upon the zoning districts identified in Chapter 1201 of the 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 of this 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 §§ 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 § 1101.09. • b. Modifications, additions, structural alterations, normal maintenance and repair, 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 § 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 § 1101.10. (Ord. 405, passed 9 -13 -2004) 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 § 1101.03 Subd. 1. of this chapter. Subd. 1. Permitted uses. a. Commercial loading areas and parking areas. 0 1101 -8 2006S-1 1101.04 Flood Plain Management Regulations 1101.04 • 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. 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 subsections b. through 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 § 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. I � .J 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. 1101 -9 2006S-1 1101.04 Shorewood - Flood Plain and Wetland Developments 1101.04 b. All floodway J conditional uses shall be subject to the procedures and standards contained in § 1101.10 Subd. 4. of this chapter. c. The conditional use must be permissible in the underlying zoning district. 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 100 -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 -1 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 1101 -10 2006S-1 1101.04 Flood Plain Management Regulations 1101.04 • • 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; (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 adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 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 M.S. 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 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. • (Ord. 405, passed 9 -13 -2004) 1101 -11 2006S-1 1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05 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 foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. 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 § 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 any one time in excess of 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 § 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 and the like, 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: 1101 -12 2006S-1 1101.05 Flood Plain Management Regulations 1101.05 () g 1 Desi n 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 of the 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 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 § 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 Subd. 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 proofing 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 -3 or FP -4 classification shall not be permitted. 1101 -13 2006S-1 1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05 d. When at any one 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 of Subd. 5. of this section shall also apply. 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 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 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. 1101 -14 2006S-1 1101.05 Flood Plain Management Regulations 1101.08 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 § 1101.09 Subd. 2. of this chapter. 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. (Ord. 405, passed 9 -13 -2004) 1101.06 RESERVED FOR FUTURE USE. 1101.07 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 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. (Ord. 405, passed 9 -13 -2004) 1101.08 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. 1101 -15 2006S-1 1101.08 Shorewood - Flood Plain and Wetland Developments 1101.09 Subd. 2. Public transportation facilities. Railroad tracks, roads and bridges to be located within the flood plain shall comply with §§ 1101.04 and 1101.05 of this 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. (Ord. 405, passed 9 -13 -2004) 1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL VEHICLES. Subd. 1. Manufactured homes. a. 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 § 1101.05 of this chapter. If vehicular road access for pre- existing manufactured homes is not provided in accordance with § 110 1. 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. b. 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. Recreational specified in Subd. 2.a. below shall specifically spelled out in Subd. 2.c. vehicles that do not meet the exemption criteria be subject to the provisions of this chapter and as and 2.d. below. a. Exemption. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in Subd. 2.b. below and further they meet the following criteria: • • • 1101 -16 2006S-1 1101.09 Flood Plain Management Regulations 1101.09 0 (1) Have current licenses required for highway use; q g (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; and (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 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 the 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 § 1101.05 Subd. 5.a. of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100 -year or regional flood. (2) All new or replacement recreational vehicles not meeting the criteria of subsection a. above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of § 1101.10 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. The 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 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 § 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. Is (Ord. 405, passed 9 -13 -2004) 1101 -17 01106=` 1 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10 1101.10 ADMINISTRATION. 0 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 § 1101.12 of this chapter. Subd. 2. Permit requirements. a. Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this 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 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 § 110 1. 12 of this chapter. 0 1101 -18 2006S-1 1101.10 Flood Plain Management Regulations 1101.10 • f. Certification. The applicant shall be required to submit certification by a registered PP re q 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 M.S. Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the 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 100 -year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the 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 1101 -19 2006S-1 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10 chapter, an other zoning regulations in h city, and in the respective enabling legislation P Y g g the Y, P g g 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 of the 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: (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) 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. 0 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 M.S. § 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 Subd. 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 § 1101.12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. 1101 -20 2006S-1 1101.10 Flood Plain Management Regulations 1101.10 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. 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 § 1201.04. 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 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 of the information described in subsection (1)(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. (4) 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. b. 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: 1101 -21 0011MM 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10 (1) The danger to life and property due to increased flood heights or velocities caused e 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; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services provided by the proposed facility to the community; (6) The requirements of the facility for a waterfront location; (7) The availability of alternative locations not subject to flooding for the proposed use; (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (12) Such other factors which are relevant to the purposes of this chapter. c. Conditions attached to conditional use permits. Upon consideration of the 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; is 1101 -22 2006S-1 1101.10 Flood Plain Management Regulations 1101.11 4 () Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and (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. d. 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. (Ord. 405, passed 9 -13 -2004) 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 C.F.R. 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 of the elevation on fill or flood - proofing techniques (such as FP -1 thru FP -4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Subd. l.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% 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% of the current market value of the structure, then the structure must meet the standards of § § 1101.04 and 110 1. 05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 1101 -23 2006S-1 1101.11 Shorewood - Flood Plain and Wetland Developments 1101.12 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 § 1101.02 Subd. 8. 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 §§ 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 § 1101.02 Subd. 8. 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. Lb., above) and the existing nonconforming building must meet the requirements of §§ 110 1. 04 and 110 1. 05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (Ord. 405, passed 9 -13 -2004) 1101.12 PENALTIES FOR VIOLATION. 0 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 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 Program. 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 of this chapter. As soon as is reasonably possible, this information will be submitted to the appropriate Department of 1101 -24 2006S-1 1101.12 Flood Plain Management Regulations 1101.13 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. (Ord. 405, passed 9 -13 -2004) 1101.13 AMENDMENTS. Subd. 1. 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 of the 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 if he or she determines that, through other measures, lands are adequately protected for the intended use. Subd. 2. 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 ten days written notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the ordinance amendment or technical study under consideration. (Ord. 405, passed 9 -13 -2004) 1101 -25 2006S-1 Shorewood - Flood Plain and Wetland Developments 17J • • 1101 -26 u CHAPTER 1201 ZONING REGULATIONS • 0 Section 1201.01 Title and application 1201.02 Definitions 1201.03 General provisions 1201.04 Administration, amendments and conditional use permits 1201.05 Administration, variances and appeals 1201.06 Administration, planned unit development 1201.07 Administration, certificate of occupancy 1201.08 Enforcement and penalties 1201.09 Establishment of zoning classifications 1201.10 R -lA, Single - Family Residential District 1201.11 R -113, Single - Family Residential District 1201.12 RAC, Single - Family Residential District 1201.13 R -113, Single - Family Residential District 1201.14 R -2A, Single and Two - Family Residential District 1201.15 R -213, Single and Two - Family Residential District 1201.16 R -2C, Single and Two - Family Residential District 1201.17 R -3A, Multiple - Family Residential District 1201.18 R -313, Multiple - Family Residential District 1201.19 R -C, Residential /Commercial District 1201.20 C -1, Neighborhood Convenience Commercial District 1201.21 Reserved for future use 1201.22 C -3, General Commercial District 1201.23 C -4, Commercial Service District 1201.24 L -R, Lakeshore Recreational District 1201.25 P.U.D., Planned Unit Development District 1201.26 S, Shoreland District 1201.01 TITLE AND APPLICATION. Subd. 1. Title. This chapter shall be known as the "Shorewood Zoning Ordinance" except as referred to herein, where it shall be known as "this chapter." 1201 -1 2006S-1 1201.01 Shorewood - Zoning and Subdivision Regulations 1201.01 Sub 2. Intent and purpose. The intent of this chapter is to protect the Sub p r p public health, safety and p p P general welfare of the community and its people through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right -of -way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to the zoning ordinance. Subd. 3. Relation to Comprehensive Plan. It is the policy of the City of Shorewood that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the City Council of the city. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth. Subd. 4. Application of requirements. 0 a. Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein. b. Minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. Subd. 5. Conformance. Except as provided herein, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter. t 1201 -2 1201.02 Zoning Regulations 1201.02 SIGN. The use of any g words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public. SIGN - ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident. SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located. SIGNAREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign. SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor contain advertising. SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop. SIGN - BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located. SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. SIGN - CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. SIGN - CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. SIGN - DIRECTIONAL. A sign erected on public or private property which bears the address or name or both of a business, institution, church or other use or activity plus directional arrows or information on location. 1201 -17 2006S-1 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 SIGN - DIRECTORY. An exterior informational wall sig n which identifies the names of businesses served by a common public entrance in a shopping center. SIGN - FREESTANDING. Any stationary or portable, self - supported sign not affixed to any other structure. SIGN- HOLIDAY. Decorations or messages which recognize an official national, state or local holiday. SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source. SIGN - INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. SIGN- INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi - public institution on the site where the sign is located. SIGN - INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. 0 SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign. SIGN - MENU BOARD. Any sign that has a message related to the site's food service and the copy is manually or electronically changed and the lettering of which is less than three inches in height so as to not be readable from the adjoining street right -of -way or adjoining property. SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign. SIGN - MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. SIGN - MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. SIGN - NONCONFORMING. a. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments thereto, but which does not conform with the regulations of this chapter. 1201 -18 2006S-1 1201.02 Zoning Regulations 1201.02 I constructed after the passage of this chapter b. ILLEGAL. A sign which was ter or c p g p amendments thereto and does not conform with the regulations of this chapter. SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure. SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including, but not limited to street signs, traffic - control signs and parking - control signs. SIGN - REAL ESTATE. A business sign placed upon a property advertising that particular property for sale, for rent or for lease. SIGN - ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. SIGN, ROTATING. A sign which revolves or rotates on its axis. SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area. SIGN - TEMPORARY. Any sign which is erected or displayed for a specific period of time. SIGN - WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall surface. SIGN - WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. SLIP. A water dockage area accommodating one boat. SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or ratio. STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof - mounted antennas, antennas integrated into architectural elements and telecommunications towers designed to appear other than as a tower such as light poles, power poles and trees. 1201 -19 2006S-1 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 %, as measured over horizontal distances of 50 feet or more, that are not bluffs. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused underfloor space shall be considered as a story. STORY - HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where less than one -half of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building. STREET. A public right -of -way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel. STREET FRONTAGE. A lot line abutting a street. STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments. SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL DEVELOPMENT.) SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL ENVIRONMENT.) SURFACE WATERS -RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS - RECREATIONAL DEVELOPMENT.) 1201 -20 1201.02 Zoning Regulations 1201.02 TOW NHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type a contrasted to multiple - dwelling apartment structures. TELECOMMUNICATIONS FACILITIES. Cables, wire n or r guides, communications any o ther facilities or equipment associated with the transm fissio located or installed on or near a tower or antenna support structure. This term does not include: a. A satellite earth station antenna two meters in diameter or less, located in a C -3 or C -4 zoning district; b. A satellite earth station antenna one meter in diameter or less, wherever located. TELECOMMUNICATIONS TOWER (or TOWER). A self- supporting lattice, guyed or built for t monopole structure constructed from grade and he purpose of supporting radio operations equipment telecommunications facilities. The term does not include amateur licensed by the Federal Communications Commission. TOWER HEIGHT. The vertical distance from the adj to th b a s f oethe tower to the highest point of the tower or any component of the TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple - dwelling apartment structures. UPLAND. All lands at an elevation above the normal high water mark. USABLE OPEN SPACE. A required ground area or terrace a rea on a passive l r is gr developed and equipped and intended and maintained for e ithe r both, available and accessible to and usable by all persons o a d y l a dwells gu nit or only for unit on the lot and their guests. The areas shall be grassed a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space. USE. The purpose or activity for which the land or building t h e reon o d shall include the designated arrang ean�e intended, or for which it is occupied, utilized or maintained of the activity as defined by the performance standards of this chapter. VARIANCE. The waiving by official action of the literal provi o the zonin or e in instances where their strict enforcement would cause u circumstances unique to the individual property under consideration. VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics. 1201 -21 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.03 VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable. 0 WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land. WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year -round or intermittently. WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. WETLAND. A surface water feature classified as a wetland in the United States Fish. and Wildlife Service Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code). YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located. YARD DEPTH - REAR. The mean horizontal distance between the rear line of the building and the rear lot line. YARD - FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE - FRONT.) YARD - REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR.) YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard. ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines. (1987 Code, § 1201.02) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed 8 -26 -1991; Ord. 243, passed 9 -9 -1991; Ord. 261, passed 11 -30 -1992; Ord. 321, passed 5 -12 -1997; Ord. 345, passed 10 -26 -1998; Am. Ord. 373 -a, passed 7 -23 -2001; Am. Ord. 389, passed 8 -12 -2002; Am. Ord. 419, passed 1 -23 -2006) 1201.03 GENERAL PROVISIONS. Subd. 1. Nonconforming buildings, structures and uses. a. Purpose. It is the purpose of this section to regulate nonconforming structures and uses and to specify those requirements, circumstances and conditions under which 2006S-1 1201 -22 1201.03 Zoning Regulations 1201.03 i. Glare. Any lighting used to illuminate an off - street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky- reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right -of -way. Any light or combination of lights which cast light on a public street shall not exceed one foot - candle (meter reading) as measured from the center line of the street. Any light or combination of lights which cast light on residential property shall not exceed four - tenths (A) foot - candles (meter reading) as measured from the adjoining residential property line. j. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended. k. Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended. 1. Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended. M. Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as amended. n. Refuse. 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 or junk 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. o. Exterior storage. All materials and equipment except as provided for in §§ 1201.09 through 1201.26 of this chapter shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: (1) Clothes line poles and wires; Recreational equipment and vehicles; ( ) 1201 -39 2006 S -1 Repl. 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) Construction and landscaping materials currently being used on the premises; (4) Off - street parking of passenger vehicles and trucks not exceeding a gross capacity of 12,000 pounds in residential areas. P. Waste material. Waste material resulting from or used in commercial servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the Minnesota State Fire Marshall and the Pollution Control Agency. q. Bulk storage (liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with the requirements of the Minnesota State Fire Marshal's and Minnesota Department of Agriculture Offices and have documents from those offices stating the use is in compliance. r. Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. S. Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. 0 t. Business hours. Any commercial use that is regularly open for business or involves other significant, outdoor activity during any hour between 10:00 p.m. and 7:00 a.m. must obtain a conditional use permit, as regulated by § 1201.04 of this code, subject to the following conditions: (1) No off - street loading shall occur within 200 feet of a residential district boundary during the hours between 10:00 p.m. and 7:00 a.m. Trucks parked, with motors shut off, before 10:00 p.m. may be offloaded between the hours of 10:00 p.m. and 7:00 a.m., provided that any noise associated with the offloading does not create a nuisance for adjacent residential uses; (2) Movement of sweeping vehicles, garbage trucks, maintenance trucks, shopping carts and other service vehicles and equipment is prohibited within 200 feet of a residential district boundary between the hours of 10:00 p.m and 7:00 a.m.; (3) Outdoor speaker systems or other public address systems which can be heard outside are not allowed to be used between the hours of 10:00 p.m. and 7:00 a.m.; 0 1201 -40 1201.03 Zoning Regulations 1201.03 (4) All lighting not reasonably required for security or for business operations (within 100 feet of the main entrance to the building) must be turned off between the hours of 10:00 p.m. and sunrise. U. Impervious surface. Except as provided in (4), below, the maximum ratio of impervious surface to lot area for all lots in the "S ", Shoreland zoning district shall be 25%. The maximum ratio of impervious surface to lot area for all lots that are not subject to "S" district requirements shall be as follows: (1) Residential uses in the R -IA through R -313 zoning districts: 33 %; (2) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the community; public or semi - public recreational buildings, neighborhood or community centers; public and private educational institutions; and religious institutions in the R -lA through R -313 zoning districts: 66 %, provided that: (a) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in • compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended; (b) Measures for the treatment of storm water runoff and /or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like; (3) Commercial districts (R -C through C -3), not located in the "S ", Shoreland District: 66 %, provided that: (a) The proposed development of the site complies with all setback requirements for the district in which it is proposed; (b) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended; • 1201 -41 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (c) Measures for the treatment of storm water runoff and /or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like; (d) The maximum ratio of impervious surface to lot area ratio shall not exceed 75 %. (4) Commercial districts (R -C through C -4) and Lakeshore Recreational (L -R): located in the "S ", Shoreland District: 25%. A conditional use permit may be granted to exceed 25 %, provided that: (a) The proposed development complies with the requirements set forth in (3)(a -d), above; (b) The treatment measures referenced in (3)(c), above, shall be consistent with the National Urban Runoff Program (NURP) guidelines, including, but not limited to, the removal of 90% of total suspended solids and the removal of 60% total phosphorous. • (5) Planned Unit Development (PUD) districts shall be regulated based upon the various uses within the PUD. Residential portions of the PUD shall be subject to the provisions of (1) above. Commercial portions of the PUD shall be subject to the provisions above. Subd. 3. Yard requirements. a. This section identifies general yard requirements to be provided for in all zoning districts and exceptions thereto. b. No lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure. C. The following shall not be considered as encroachments on required yard setbacks for all lots: (1) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not project more than two feet into a required yard; 2006S-1 1201 -42 1201.03 Zoning Regulations 1201.03 2 A one story enclosed entrance for a detached single-family, two - family or () Y g townhouse dwelling, existing prior to adoption of this chapter, may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width; (3) Terraces, steps, stoops or similar features, but not including porches or balconies in front or rear yards, provided they don't extend above the entrance floor level of the building or more than four and one -half feet into the required yard; (4) Laundry drying and recreational equipment, arbors, trellises, air conditioning or heating equipment in rear yards to a point no closer than five feet from any lot line; (5) One detached accessory building not exceeding eight feet in height, nor 100 square feet in area in the rear yard to a point no closer than five feet from any lot line; (6) The minimum rear yard setback for swimming pools shall be 60 % of that which is required for the zoning district in which the pool is located. No part of any pool, including guardrails, shall exceed six feet above grade in height. Decking, patios and pool aprons shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore lots shall be as provided in § 1201.26 of this chapter. (7) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided, that it is located within an approved driveway, it does not take up required parking space as provided in subdivision 5h of this section, it is currently licensed and operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot. (8) For cemeteries, grave sites may be located within front yards and side yards abutting streets, no closer than 15 feet from the public right -of -way. Monuments for grave sites within front yards or side yards abutting streets shall be limited to headstones flush with the ground d. Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this chapter. 1201 -43 2006 S -1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 Subd. 4. General area and building z size regulations. g a. Purpose. This section identifies general area and building size requirements and exceptions to general height requirements in each zoning district. b. Useable open space. Each multiple- family dwelling site shall contain at least 500 square feet of useable open space as defined in § 1201.02 of this chapter for each dwelling unit contained thereon. C. Height. (1) The building height limits established herein for districts shall not apply to the following: (a) Belfries; (b) Chimneys or flues; (c) Church spires; (d) Cooling towers, mechanical and air conditioning equipment when screened from view; (e) Cupolas and domes which do not contain useable space; (f) Elevator penthouses; (g) Flagpoles; (h) Monuments; (i) Parapet walls extending not more than three feet above the limiting height of the building; (j) Water towers; (k) Poles, towers and other structures for essential services subject to subdivision 10 of this section; (1) Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that: 2006S-1 1201 -44 1201.03 Zoning Regulations 1201.03 0 i The ham radio must be licensed by the Federal Communications Commission (FCC); (ii) Construction of the antenna requires a building permit; (iii) The antenna must be located within the buildable area of the lot; (iv) The antenna must be fenced or so designed as to be difficult to climb; (2) The requirements of Minn. Rules 8800.1200 (Criteria for Determining Air Navigation Obstructions), as may be amended, are hereby adopted by reference. d. Roof equipment. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25 % of the area of the roof nor shall the equipment exceed ten feet in height unless otherwise noted. e. Efficiency apartments. Except for elderly housing, the number of efficiency apartments in a multiple dwelling shall not exceed 5 % of the total number of apartments. f. Minimum floor area - commercial structures. Commercial buildings (principal structure) having less than 1,000 square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in § 1201.04 of this chapter, provided that: (1) The structure is built on a lot with a minimum lot area of no less than 10,000 square feet; (2) Adequate on -site parking is provided; (3) The architectural character of the building is similar in character to buildings in the surrounding area. Subd. 5. Off - street parking requirements. a. Purpose. The purpose of the off - street parking regulations is to alleviate or prevent congestion of the public right -of -way and to promote the safety and general welfare of the public by establishing minimum requirements for off - street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. 1201 -45 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 b. Application o o - street arkin regulations. The regulations and requirements set PP .f .ff P g g g q forth herein shall apply to all off - street parking facilities in all of the zoning districts of the city. c. Site plan drawing necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off - street parking and loading spaces in compliance with the requirements set forth in this subdivision and subdivision 2d of this section. No permit shall be issued for the construction of more than one private detached garage structure for each detached single- family dwelling, except on the approval of a conditional use permit according to the provisions of § 1201.04 of this chapter. Every detached single - family dwelling unit erected after the effective date of this chapter shall be so located on the lot so that at least a two car garage, either attached or detached in conformance with this chapter, can be located on the lot. d. General provisions. (1) Floor area. Except as hereinafter may be provided, the term FLOOR AREA, for the purpose of calculating the number of off - street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the building, structure or use times the number of floors, minus 10%. (2) Reduction of existing off - street parking space or lot area. Off - street parking spaces or area upon the effective date of this chapter shall not be reduced in number or size unless the number or size exceeds the requirements set forth herein for a similar new use. (3) Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, any off - street parking or loading space which existed before shall be retained. Where possible, parking and loading shall be brought into conformance with this chapter. (4) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, or parking spaces, shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls or parking requirements below the minimum prescribed by this chapter. (5) Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings, including additions thereto requiring more 1201 -46 2006S-1 1201.03 Zoning Regulations 1201.03 parking area, shall not be permitted until there is furnished the additional parking spaces as required by this chapter. (6) Off - street parking facilities to incidental residential use. Off - street parking facilities incidental to residential use shall be utilized solely for the parking of currently licensed and operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments. (7) Calculating space. (a) When determining the number of off - street parking spaces results in a fraction, each fraction of one -half or more shall constitute another space. (b) In places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of the seating facilities shall be counted as one seat for the purpose of determining requirements. (c) Except as hereinafter may be provided, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off - street parking spaces required. (8) Stall, aisle and driveway design. (a) Parking space size. Each parking space shall not be less than nine feet wide and 20 feet in length, exclusive of access aisles. Each space shall be adequately served by access aisles. (b) Except in the case of single - family, two - family, townhouse and quadraminium dwellings, parking areas and their aisles shall be developed in compliance with the standards in the Parking Lot Dimensions Table. C 1201 -47 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 PARKING LOT DIMENSIONS TABLE* Angle of Stall Curb Stall Aisle Angle of Stall Curb Stall Aisle Parking Width Length Per Depth Width Parking Width Length Per Depth Width Car Car 0 9 9 23 9 12'0" 50° 9 11 20 12 9 23 9 12 9 12 20 12 10 23'0" 10 12 10 13 21 12 20° 9 26 15 11'0" 60° 9 10 21 18 9 27 15 11 9 11'0" 21'3" 18 10 29'3" 15'11" 11'0" 10 11 21'6" 18 30° 9'0" 18'0" 17 11'0" 70 0 9 9'8" 21 19 9'6" 19'0" 17'10" 11'0" 9 10 21 18 10 20 18 11 10 10 21 18'0" 40° 9 14 19 12'0" 80° 9 9'2" 20'4" 24 9'6" 14 19 12 9'6" 9 20 24 10'0" 15'8" 19'11" 12'0" 10 10 20 24'0" 45° 9 14'0" 19'2" 12'0" 90° 9 9 20 22 9'6" 14'10" 19'6" 12 9 9 20'0" 22 10 15'8" 19'11" 12'0" 10 10 20 22 * This table pertains to a wall to wall situation. In calculating dimensions, two feet may be subtracted from each stall depth for each overhand and overlap. No subtraction for overlap is allowed for angles greater than 60 degrees. a Curb length per ear 3 b Stall width C Angle of parking d Stall depth 0 Aisle width } Stall length 9 Overlap h Overhang —e E r U' Z F 1 1201 -48 1201.03 Zoning Regulations 1201.03 An sin which (a ) y g obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic - control device; (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on- premises directional signs; (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion. Exempted are time and temperature information and barber poles. Moving message type signs may be permitted as an exception when their messages consist primarily of news, public announcements and the like of a nonadvertising nature; (d) Except for holiday signs and exceptions provided in provision c. (4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices; (e) Portable signs (except as provided in provision c.(4) below); (f) Signs which are attached in any manner to trees, fences, utility poles or other permanent supports; (g) No sign shall be illuminated with any flashing or intermittent lights, nor shall it be animated, except for time and temperature information. All displays shall be shielded to prevent any light to be directed at on- coming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal. No light shall be directed onto a lake so as to interfere with navigation thereon; (h) Roof signs. (i) Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet. C. General provisions. (1) All signs shall comply with the Minnesota State Building Code as may be amended. (2) When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended. 1201 -63 2006S-1 1201.03 2006S-1 Shorewood - Zoning and Subdivision Regulations 1201.03 () No P ortion of any n shall be located within five feet of any property Y sig line. No signs other than governmental signs and political campaign signs as provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any street right -of -way or upon public lands or easements or rights -of -way. Any unauthorized signs located in public right -of -way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (4) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12 -month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (5) No sign or sign structure shall protrude over a public right -of -way. (6) All signs which require a permit shall display, in a conspicuous manner, the owner's name, permit number and date the sign was erected. (7) All height restrictions on signs shall include height of sign structure and be measured from lot grade. (8) In the case of a two - faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no ore than three other non - commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. 1201 -64 1201.03 Zoning Regulations 1201.03 11 All signs requiring a permit from the city shall be subject ) g 9 g P Y to review and J approval by the Zoning Administrator. d. Nonconforming signs. (1) The following are nonconforming signs: (a) Prohibited signs; (b) All other signs not prohibited that do not conform to the provisions of this chapter; (c) Billboards and advertising signs (except as provided in provision e.(3)(b) of this subdivision). (2) Except as provided in paragraph (5) below, all nonconforming and prohibited signs created by this chapter except those signs exempted by state statutes (M.S. § 462.357, subd. lc) shall be removed or brought into conformity with this chapter within the following time periods: I* (a) Any sign in violation of prohibited signs: six months from the date of the enactment of this chapter; (b) All other nonconforming signs: upon approval of any building permit, sign permit, or other zoning action. (3) A nonconforming sign may not be: (a) Changed to another nonconforming sign; (b) Structurally altered except to bring into compliance with the provisions of this chapter; (c) Expanded; (d) Reestablished after its removal; (e) Reestablished after damage of more than 50% of sign replacement cost except to bring into compliance. (4) Nothing in this subdivision shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this subdivision regarding safety, maintenance and repair of signs contained in subdivision 1201 -65 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 n repainting, cleaning llc; provided, however, that any p g, g and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (5) Notwithstanding provisions to the contrary within this subdivision, nonconforming off site directional signs located on public rights -of -way may continue upon a finding by the City Council that: (a) The sign is reasonably necessary to provide direction to the business which is advertised by the sign; (b) The sign (or a substantially similar predecessor) has been at the location for at least 20 years; (c) The sign has not represented a safety hazard or an obstruction to ordinary roadway maintenance activities. (6) The Council may condition the permission upon the owner of the establishment entering into an agreement with the city addressing matters, including liability, indemnity of the city, circumstances calling for removal of the sign, permit fees and other matters deemed appropriate by the city. (7) In lieu of permitting the existing sign to remain at its existing location the City Council may authorize the location of a substitute sign in the existing location or a different location. e. District regulations. The following sign standards by zoning district pertain to signs which require application and permit. (1) R -IA through R -3B Residential Districts. (a) Area identification signs (monument type only). One sign facing each bordering street shall be allowed for each development of 20 or more units. The sign shall not exceed 32 square feet in area, nor shall the sign structure exceed one -half of the allowable copy area. The signs shall be erected only at the dedicated street entrance, but not in the public right -of -way, may be indirectly illuminated and shall not exceed a height of eight feet above grade. (b) Institution signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be indirectly illuminated and shall not exceed a height of eight feet above grade. Freestanding signs located adjacent to intermediate or minor 1201 -66 2006S-1 1201.03 Zoning Regulations 1201.03 arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5 % of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (2) R -C Residential /Commercial and C -1 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the R -C and C -1 Districts: (a) Signs are regulated in e.(1) above; (b) Business signs in the R -C Districts shall be subject to the requirements of § 1201.19 Subd. 8.d. of this code. (c) Business signs in the C-1 Districts shall be subject 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 and outline drawing of the principal building as viewed from the front lot line. 1201 -67 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (iii) Each lot will be allowed only one freestanding sign, not to exceed 20 feet in height. (3) C -3 and C -4 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C -3 and C -4 Districts. (a) Business signs. (i) The maximum number of signs for any principal building shall be three except by conditional use as provided in (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. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. (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 or from the related public street(s). 0 (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. (b) Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25 % of the total allowable sign area. (c) Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center. • 1201 -68 2006S-1 1201.03 Zoning Regulations 1201.03 Freestanding signs. (d ) g sag s. Freestanding signs shall not exceed 20 feet in height or 80 square feet in area. The total area of the sign structure shall not exceed one -half of the allowable copy area. (e) Window signs. The total area of window signs shall not exceed 10% of the total area of windows as viewed from the street. Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number and area of signs allowed for the property. (f) Menu boards. One menu board sign per restaurant use with a drive -up facility may be allowed in conjunction with a conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and may be in addition to the freestanding sign on the property. Lettering size on the menu board shall not exceed two inches in height. (4) Signs permitted in the PUD Planned Unit Development District. (a) Signs permitted in PUDs shall be as approved by the City Council for each development and shall be consistent with the requirements for the district most closely associated with each use in the PUD. (b) For PUDs containing 20 acres or more of land, the city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and allowable area of signs in a PUD, the city shall take into consideration the functional classification and designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case shall the total allowable area of construction signs exceed three square feet for each acre of land within the PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet. f. Permit issuance; fees. (1) No sign shall be erected in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official (signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the Building Official, or staff representative, has made a preliminary inspection of the sign before installation and has ascertained that the sign and method of installation comply with all 1201 -69 2006S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 Building Official may requirements of this chapter. The g y that q detailed plans and specifications be submitted with the application if necessary in his or her judgment. Following permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her certificate of approval. (2) Fees: (a) Payment of fees. The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) Double fees. If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of commencement of the work, he or she shall, when subsequently securing each permit, pay double the fee provided for the permit, or is subject to the penalty provisions of this chapter. Subd. 12 2006S-1 (c) Home occupations. Initial fees. The City Council shall, from time to time, establish a fee schedule by ordinance. a. Purpose. The primary purpose of this subdivision is to provide a means through establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. It is further intended that businesses which may be allowed within residential districts should not gain an unfair economic advantage over businesses located in districts zoned for business uses. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision. 0 1201 -70 1201.03 Zoning Regulations 1201.03 I* C. Procedures and permits. (1) Limited home occupation . Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d.(2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of § 1201.04 of this chapter. (3) Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. (4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse of special home occupation permit by nonuse. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. (7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered gain by the Planning Commission or City Council for at least six months 1201 -70A 2006S-1 Shorewood - Zoning and Subdivision Regulations • 1201 -70B 1201.03 Zoning Regulations 1201.03 (e) In the case of a request for modification of the maximum height limit, that the modification is necessary to: (i) Facilities co- location of telecommunications facilities in order to avoid construction of a new tower; or (ii) To meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. (23) Failure to comply. (a) If the permittee fails to comply with any of the terms imposed by the conditional use permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. (b) Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by: • (i) Written notice to the permittee of the alleged violation; (ii) The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice; and (iii) A hearing before the City Council at least 15 days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. (c) If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and shall provide a post- revocation hearing before the City Council not more than 15 days after permittee's receipt of written notice of the hearing. Following the hearing, the City Council may sustain or rescind the revocation or may impose the other and further discipline as it deems appropriate. • 1201 -85 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.04 (d) Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. (1987 Code, § 1201.03) (Ord. 168, passed 6 -24 -1985; Ord. 171, passed 8 -12 -1985; Ord. 180, passed 5 -19 -1986; Ord. 188, passed 11 -24 -1986; Ord. 208, passed 4 -11 -1988; Ord. 214, passed 5 -22 -1989; Ord. 226, passed 6 -11 -1990; Ord. 227, passed 6 -11 -1990; Ord. 243, passed 9 -9 -1991; Ord. 261, passed 11 -30 -1992; Ord. 270, passed 2 -22 -1993; Ord. 275, passed 5 -24 -1993; Ord. 276, passed 6 -14 -1993; Ord. 289, passed 3 -28 -1994; Ord. 291, passed 5 -9 -1994; Ord. 321, passed 5 -12 -1997; Ord. 323, passed 10 -26 -1997; Ord. 343, passed 9 -28 -1998; Ord. 345, passed 10 -26 -1998; Ord. 361, passed 2 -14 -2000; Am. Ord. 371, passed 5 -29 -2001; Am. Ord. 374, passed 12 -10 -2001; Am. Ord. 375, passed 12 -10 -2001; Am. Ord. 379, passed 2 -11 -2002; Am. Ord. 392, passed 1 -27 -2003; Am. Ord. 396, passed 7 -28 -2003; Am. Ord. 410, passed 12 -13 -2004; Am. Ord. 413, passed 2 -28 -2005; Am. Ord. 419, passed 1 -23 -2006; Am. Ord. 420, passed 2 -13 -2006) 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. Subd.1. Procedure. a. Application. Requests for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 50 feet of the subject property obtained from and certified by Hennepin County. b. Staff review /technical assistance reports. Upon receipt of an application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons 1201 -86 2006S-1 1201.08 Zoning Regulations 1201.09 0 1201.08 ENFORCEMENT AND PENALTIES. Subd. 1. Enforcement. This chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. Subd. 2. Penalty. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense. Subd. 3. Effective date. This chapter shall be in full force and effect from and after its passage and publication according to law. (1987 Code, § 1201.08) 1201.09 ESTABLISHMENT OF ZONING CLASSIFICATIONS. Subd. 1. Establishment of Districts. The following districts are established within the city. a. Residential Districts. (1) R -lA, Single - Family Residential. (2) R -113, Single - Family Residential. (3) R -1C, Single - Family Residential. (4) R -11), Single - Family Residential. (5) R -2A, Single and Two - Family Residential. (6) R -213, Single and Two - Family Residential. (7) R -2C, Single and Two - Family Residential. (8) R -3A, Multiple - Family Residential. (9) R -313, Multiple - Family Residential. . (10) R -C, Residential /Commercial. 1201 -99 1201.09 Shorewood - Zoning and Subdivision Regulations b. Commercial Districts. (1) C -1, Neighborhood Convenience Commercial. (2) Reserved for future use. (3) C -3, General Commercial. (4) C -4, Commercial Service. C. Special Districts. (1) L -R, Lakeshore Recreational. (2) PUD, Planned Unit Development. (3) S, Shoreland. 1201.09 Subd. 2. Map. The location and boundaries of the districts established by this chapter are set forth on the Zoning Map entitled "Zoning Map of Shorewood." The map shall remain on file with the Zoning Administrator and shall be hereinafter referred to as the "Zoning Map," which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference. Subd. 3. Zoning district boundaries. Zoning district boundary lines of this chapter follow lot lines, railroad right -of -way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this chapter. a. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this chapter and places portions of the lot in two or more use districts, any portion of the lot within 50 feet on either side of a dividing district boundary line may be used for any use of either use district; provided, however, if any portion of the lot shall extend beyond the 50 feet limitation, the district line as shown shall prevail. b. Appeals concerning the exact location of a zoning district boundary line shall be heard by the City Council serving as the Board of Adjustments and Appeals. • • • 1201 -100 2006 S -1 1201.09 Zoning Regulations 1201.10 C. When any street, alley or other public right -of -way is vacated by official action of the city, the zoning district abutting the center line of the alley or other public right -of -way shall not be affected by the proceedings. (1987 Code, § 1201.09) (Ord. 367, passed 9 -11 -2000; Am. Ord. 368, passed 11 -27 -2000; Am. Ord. 388, passed 7 -8 -2002; Am. Ord. 415, passed 4 -25 -2005) 1201.10 R -1A, SINGLE - FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The R -lA District is intended to provide a district which will allow suitable areas of the city to be retained and utilized for low density residential, open space and /or agricultural uses. Subd. 2. Permitted uses. The following are permitted uses in an R -lA District: a. Public parks, playgrounds, recreational areas, wildlife areas and game refuges; b. Single - family detached dwellings; C. Essential services not exceeding 40 feet in height; d. Single - family detached dwellings used as residential facilities, as defined by § 1201.02, licensed by the state and serving six or fewer persons; e. Single - family detached dwellings used as day care facilities, as defined by § 1201.02, licensed by the state and serving ten or fewer persons. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R -lA District: a. Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this District; b. The boarding or renting of rooms to not more than two persons; C. Living quarters of persons employed on the premises, only when the quarters are part of the principal dwelling; d. Home occupations as regulated by § 1201.03, Subd. 12. of this chapter; e. Storage or parking of recreational vehicles and equipment within the buildable area of the lot; 1201 -101 2006S-1 1201.10 Shorewood - Zoning and Subdivision Regulations 1201.10 f. Noncommercial greenhouses and conservatories; 0 g. Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; h. Tool houses, sheds and similar buildings for storage of domestic supplies and recreational equipment; Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, Subd. 5 (off- street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and /or noncommercial vehicles, trailers or equipment if sufficient off - street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit; j. Signs, as regulated by § 1201.03, Subd. 11. of this chapter; 0 k. Individual boat dock and customary beach accessories subject to § 1201.03, Subd. 14. of this chapter. Subd. 4. Conditional uses. The following are conditional uses allowed in an R -lA District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) When abutting a residential use in any residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter; (2) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Public or semi - public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues, provided that: • 1201 -102 2006 S -1 Repl. • 1201.14 (1) Front yard: not less than 35 feet; (2) Rear yard: not less than 40 feet; 1201.15 (3) Side yard: not less than 10 feet on each side nor less than 35 feet on a side yard abutting a street. • • Subd. 6 Zoning Regulations b. Lot width: not less than 100 feet; C. Lot depth: not less than 120 feet; d. Setbacks: Building requirements. Height: no structure shall exceed two and one -half stories, or 35 feet, whichever is least. Subd. 7. Lot area per unit requirement. The following minimum lot area per unit requirements shall be calculated on the basis of the total net area in the project and as controlled by an individual or joint ownership: a. Two - family dwellings: not less than 15,000 square feet; b. All other dwellings: not less than 20,000 square feet. (1987 Code, § 1201.14) (Ord. 180, passed 5 -19 -1980; Am. Ord. 242, passed 8 -26 -1991) 1201.15 R -211, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The R -2B District is intended to provide suitable areas of the community which will allow construction of single - family and two - family homes of a more compact nature, while maintaining the character and amenities of low density single - family residential areas. Subd. 2. Permitted uses. The following are permitted uses in an R -213 District: all permitted uses allowed in the R -2A District. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in an R -213 District: all permitted accessory uses allowed in an R -113 District. Subd. 4. Conditional uses. The following are conditional uses allowed in an R -2B District: all conditional uses, subject to the same conditions, as allowed in an R -113 District. (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04. ) 2006 S -1 Repl. 1201 -111 1201.15 Shorewood - Zoning and Subdivision Regulations 1201.16 Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in an R -213 District, subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: (1) Single - family dwelling: not less than 15,000 square feet; (2) Two - family dwelling: not less than 20,000 square feet; b. Lot width: not less than 90 feet; C. Lot depth: not less than 120 feet; d. Setbacks: (1) Front yard: not less than 30 feet; (2) Rear yard: not less than 30 feet; (3) Side yard: not less than 10 feet on each side nor less than 30 feet on a side yard abutting a street. Subd. 6. Building requirements. Height: no structure shall exceed two and one -half stories, or 35 feet, whichever is least. Subd. 7. Lot area per unit requirement. The following minimum lot area per unit requirements shall be calculated on the basis of the total net area in the project and as controlled by an individual or joint ownership: a. Two - family dwellings: not less than 10,000 square feet; b. All other dwellings: not less than 15,000 square feet. (1987 Code, § 1201.15) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed 8 -26 -1991) 1201.16 R -2C, SINGLE AND TWO - FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The R -2C District is intended to provide suitable areas of the community which will allow construction of single - family and two - family homes of a very compact nature while retaining a low to medium density of approximately five units per acre. Subd. 2. Permitted uses. The following are permitted uses in an R -2C District: all permitted uses allowed in the R -2A District. • • 2006S-1 1201 -112 1201.19 Zoning Regulations 1201.19 (3) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (4) All state laws and statutes governing the use are strictly adhered to and all required permits are secured; (5) Adequate off - street parking is provided in compliance with § 1201.03, Subd. 5.; (6) One off - street loading space in compliance with § 1201.03, Subd. 6. is provided; (7) The provisions of § 1201.04, Subd. 4.d.(1) have been considered and satisfactorily met. 1201 -119 2006S-1 (1) Adequate off - street parking shall be provided in compliance with § 1201.03, Subd. 5.; (2) Vehicular access shall create a minimum of traffic conflict; (3) The site and related parking and service entrances shall be served by an the traffic arterial or collector street of sufficient capacity to accommodate which will be generated; (4) When abutting an R -lA through R -2C Residential District, a buffer area landscaping as provided in § 1201.03, Subd. 2.g. with screening and d. Residential or commercial planned unit development as regulated by § 1201.06, provided that: (1) Land uses allowed in a planned unit development are limited to those land and conditional uses listed as permitted uses, permitted accessory uses uses in this section; (2) The proposed development complies with the development agreement as to § 1201.25. required for planned unit developments, pursuant Nursing homes as defined in § 1201.02, provided that: e. (1) Side yards are double the minimum requirements established for this in compliance with § 1201.03, Subd. 2.g.; District and are screened (2) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated; (3) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (4) All state laws and statutes governing the use are strictly adhered to and all required permits are secured; (5) Adequate off - street parking is provided in compliance with § 1201.03, Subd. 5.; (6) One off - street loading space in compliance with § 1201.03, Subd. 6. is provided; (7) The provisions of § 1201.04, Subd. 4.d.(1) have been considered and satisfactorily met. 1201 -119 2006S-1 1201.19 f. 9. Shorewood - Zoning and Subdivision Regulations Custom woodworking shop, provided that: (1) The total number of employees working on the premises shall not exceed three. (2) The use shall not have a predominant retail character. Any retail sales conducted on the premises shall be limited to products produced on the premises. (3) Products produced on the premises shall be limited to custom, one -of -a -kind woodwork items. (4) Noise, dust and odor shall comply with the standards of the Minnesota Pollution Control Agency and shall not constitute a nuisance to adjacent residential uses. (5) Adequate off - street parking shall be provided in compliance with § 1201.03, Subd. 5. of this code. (6) All work shall be performed entirely within the building. There shall be no outdoor display or storage on the property. Daycare facilities, as defined in § 1201.02 Subd. 4. of this code, serving ten 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 1,500 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. • 0 (d) The activity area shall be enclosed to prevent children from leaving the premises unattended. 1201.19 2006S-1 1201 -120 1201.19 Zoning Regulations 1201.19 (3) Off - street parking must be provided in compliance with § 1201.03 Subd. 5. of this code. The number of parking spaces required for a daycare facility shall be one space for each four 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 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 4,500 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 § 1201.04 Subd. l .d.(1) of this code must be considered and satisfactorily met. Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in an R -C District subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: (1) Two - family dwelling: not less than 20,000 square feet; (2) All other: not less than 15,000 square feet; b. Lot width: not less than 100 feet; C. Lot depth: not less than 120 feet; d. Setbacks: (1) Front yard: not less than 35 feet; (2) Rear yard: not less than 40 feet; is 1201 -121 2006S-1 1201.19 Shorewood - Zoning and Subdivision Regulations 1201.19 (3) Side yard: not less than 15 feet on each side nor less than 35 feet on a side yard abutting a street; (4) Nonresidential use setback from R District boundary: not less than 25 feet; (5) Lakeshore: not less than 100 feet. Subd. 6. Building requirements. Height: no structure shall exceed two and one -half stories, or 35 feet, whichever is least. Subd. 7. Lot area per unit requirement. Not less than 10,000 square feet. Subd. 8. Special district provisions. a. Where a conditional use abuts an R -lA through R -2C District, buffer fences or planting screens shall be installed by the conditional use permit recipient according to provisions of § 1201.03, Subd. 2.g. of this code, should the Council determine that a need for a buffer exists. b. Special use commercial activities shall be allowed to operate only between the hours of 7:00 a.m. and 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. C. All noise levels generated by activities in the R -C District must conform to state standards. d. Signs shall comply with the requirements under § 1201.03, Subd. 11., as well as the following additional provisions: (1) Business signs shall be limited to a total surface area of 36 square feet per property. Not more than two individual signs, including freestanding signs, may be displayed per property; (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. 0 1201 -122 2006S-1 1201.19 Zoning Regulations 1201.20 i (c) In no case shall signs in the R -C District be illuminated between the hours of 9:00 p.m. and 7:00 a.m. (d) All illuminated signs must comply with the provisions of § 1201.03 Subd. 2.i. of this code. (3) Freestanding signs not exceeding 20 square feet and not higher than five feet shall be permitted in the R -C District. e. Storage - displays: with the exception of nursery stock, all materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the R -C District or within the confines of 100% opaque wall or fence not less than five feet high. f. The City Council or its designated representative shall evaluate the design elements of the conditional uses under the provisions of § 1201.04. (1987 Code, § 1201.19) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988; Ord. 243, passed 9 -9 -1991; Am. Ord. 397, passed 8 -25 -2003; Am. Ord. 403, passed 5 -24 -2004) 0 - 1201.20 C 1, NEIGHBORHOOD CONVENIENCE COMMERC IAL DISTRICT. Subd. 1. Purpose. The C -1 District is intended to provide suitable compact areas within the community for the maintenance and development of commercial service nodes which offer convenience services and retail goods to adjacent residential neighborhoods. Subd. 2. Permitted uses. The following are permitted uses in a C -1 District: a. Barber shops; b. Beauty parlors; C. Essential services; d. Convenience grocery stores (not supermarket type and without motor fuel facilities); e. Laundromat, self- service washing and drying. 40 Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a C -1 District: 1201 -123 2006S-1 1201.20 Shorewood - Zoning and Subdivision Regulations 1201.20 Subd. 4 a. Commercial or business buildings and structures for a use accessory to the principal use, but the use shall not exceed 30% of the gross floor space of the principal use; b. Off - street parking as regulated by § 1201.03, Subd. 5., but not including semi- trailer trucks; C. Off - street loading as regulated by § 1201.03, Subd. 6. Conditional uses. The following are conditional uses in a C -1 District: (requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.) a. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that: (1) Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met; (2) Equipment is completely enclosed in a permanent structure with no outside storage; (3) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.; (4) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Professional and commercial offices, provided that: (1) The traffic generated will not raise traffic volumes beyond the capacity of the surrounding streets; (2) The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood; (3) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; C. Self- storage facility, as defined in this chapter, provided that: (1) Adequate screening and landscaping from neighboring residential districts is provided in accordance with § 1201.03, Subd. 2.g.; 1201 -124 2006S-1 1201.20 Zoning Regulations 1201.20 (2) The entire facility is located within a complete enclosure. The enclosure shall conform to applicable city codes and ordinances; (3) The access to the facility shall be by a security gate; (4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday; (5) The lighting shall be hooded and so directed so that it is not visible from the public right -of -way or from any abutting residential district; (6) The structures shall conform to height restrictions of the C -1 District. In addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever is less; (7) The storage is confined to enclosed permanent structures; (8) The use of all structures shall be limited to storage only. No retail service businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the City Council, provided that: (a) A caretaker residence for an approved self- storage facility under the same ownership is located within 600 feet of the subject property; (b) The applicant shall submit a plan showing where a caretaker residence can be located on the property in the future; (c) The applicant shall submit restrictive covenants, to be recorded against the property, restricting its sale unless a caretaker residence is constructed on the property, or a caretaker residence for an approved self- storage facility under the same ownership, located within 600 feet of the subject property is provided; (9) The entire area, other than occupied by the buildings or plantings, shall be surfaced with material which will control dust and drainage and is subject to the approval of the City Engineer; (10) The number of off - street parking spaces shall not be less than six. No on- street parking shall be allowed; 1201 -125 2006S-1 1201.20 Shorewood - Zoning and Subdivision Regulations 1201.20 (11) Loading areas shall be located entirely within the site which will be designed so as not to require backing in from a public street; (12) The applicants shall provide a performance bond or letter of credit to assure completion of the facility in accordance with the plans and specifications approved by the City Council. The amount of the bond shall be established by the City Council at the recommendation of the city staff; (13) The provisions of § 1201.04, Subd. Ld.(1) are considered and satisfactorily met. d. Commercial planned unit development as regulated by § 1201.06, provided that: (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25. Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C -1 District subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: not less than 20,000 square feet; b. Lot width: not less than 100 feet; C. Lot depth: not less than 120 feet; d. Setbacks: (1) Front yard: not less than 30 feet; (2) Rear yard: not less than 20 feet; (3) Side yard: not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street; (4) Setback from R District boundary: not less than 50 feet (additional setback not required when adjacent to a nonresidential use in an R -C District). 0 1201 -126 2006S-1 1201.20 Zoning Regulations 1201.22 Subd. 6. Building requirements. Height: no structure shall exceed two stories, or 25 feet, whichever is least. (1987 Code, § 1201.20) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988; Ord. 327, passed 12 -15 -1997) 1201.21 RESERVED FOR FUTURE USE. 1201.22 C -3, GENERAL COMMERCIAL DISTRICT. Subd. 1. Purpose. The C -3 District is intended to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or subregion. Subd. 2. Permitted uses. The following are permitted uses in a C -3 District: a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses: (1) All permitted uses as allowed in a C -1 District; (2) Amusement places (such as dance halls or roller rinks) and commercial recreation; (3) Animal clinics (with no overnight care); (4) Antique or gift shop; (5) Art and school supplies; (6) Auto accessory store; (7) Bakery goods and baking of goods for retail sales on the premises; (8) Bank, savings and loan, savings credit unions and other financial institutions; (9) Bicycle sales and repair; (10) Books, office supplies or stationery stores; 11 Bowling alleys; ( ) g s• Y 1201 -127 2006S-1 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 (12) Camera and photographic supplies; (13) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; (14) Carpet, rugs and tile; (15) Coin and philatelic stores; (16) Commercial and professional offices; (17) Commercial recreational uses; (18) Copy service, printing service and newspaper offices; (19) Delicatessen; (20) Department and discount stores; (21) Drugstore; (22) Dry cleaning, including plant accessory heretofore, pressing and repairing; (23) Dry good store; (24) Electrical appliance stores, including incidental repair and assembly but not fabricating or manufacturing; (25) Employment agencies; (26) Enclosed boat and marine sales; (27) Florist shop; (28) Frozen food store, but not including a locker plant; (29) Furniture stores; (30) Garden supply stores; (31) Gift or novelty stores; (32) Grocery, fruit or vegetable store, but not including sales from moveable, motorized vehicles; 1201 -128 2006S-1 1201.22 Zoning Regulations 1201.22 0 (33) Govermnent and public utility buildings; (34) Grocery, supermarket; (35) Haberdasheries; (36) Hardware; (37) Hobby store; (38) Insurance sales; (39) Jewelry stores; (40) Leather goods and luggage stores; (41) Locksmiths; (42) Meat market, but not including processing for a locker plant; (43) Medical and dental offices and clinics; (44) Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit; (45) Motor vehicles and recreational equipment sales and structures; (46) Paint and wallpaper sales; (47) Plumbing, television, radio, electrical sales and the repair as are an within this District; accessory use to the retail establishment permitted (48) Private clubs or lodges serving food and beverages; (49) Public utility collection offices; (50) Real estate sales; (51) Record - music shops; (52) Restaurants not including drive -in facilities, cafes, on and off -sale liquor; (53) Shoe stores and shoe repair; 1201 -129 2006S-1 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 (54) Tailor shops; (55) Theatres, not of the outdoor drive -in type; (56) Toy stores; (57) Travel bureaus, transportation ticket offices; (58) Variety stores; and (59) Massage therapy services, licensed pursuant to Chapter 311 of this code. Subd. 3 Subd. 4 b. Commercial parking garages, ramps and lots for passenger vehicle only, provided stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking space shall have a capacity of no less than two vehicles. C. Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of the City Code, as may be amended. 0 Permitted accessory uses. The following are permitted accessory uses in a C -3 District: a. All permitted accessory uses allowed in the C -1 District. 0 b. Semi -truck parking. Conditional uses. The following are conditional uses allowed in a C -3 District: (requires a conditional use permit based on procedures set forth in and regulated by § 1201.04.) a. All conditional uses, subject to the same conditions, as allowed in the C -1 Districts. b. Drive -in facility or convenience food establishments, provided that: (1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot; (2) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; • 2006S-1 1201 -130 1201.22 Zoning Regulations 1201.22 (3) Each light standard island and all islands in the parking lot are landscaped or covered; (4) Parking areas shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (5) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (6) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with § 1201.03, Subd. 5. and shall be subject to the approval of the City Engineer; (7) All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with § 1201.03, Subd. 2.i.; (8) The entire area shall have a drainage system which is subject to the approval of the City Engineer; (9) The entire area other than occupied by buildings or structures or planting shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer; (10) All signing and information or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; and (11) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; C. Commercial car washes (drive through, mechanical and self - service), provided that: (1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence; (2) Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30- minute period and shall be subject to the approval of the City Engineer; (3) At the boundaries of a residential district, a strip of not less than five feet is shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; 1201 -131 2006S-1 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 ral (4) Each light standard island and all islands in the parking lot are landscaped or covered; (5) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (6) The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer; (7) The entire area shall have a drainage system which is subject to the approval of the City Engineer; (8) All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with § 1201.03, Subd. 2.i.; (9) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer; (10) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; (11) Provisions are made to control and reduce noise; and (12) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met. Gas station, auto repair - minor and tire and battery stores and service, provided that: (1) Regardless of whether the dispensing, sale or offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property; (2) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot; • 1201 -132 2006S-1 1201.22 Zoning Regulations 1201.22 (3) The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer; (4) A drainage system subject to the approval of the City Engineer shall be installed; (5) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (6) The lighting shall be accomplished in a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of -way and shall be in compliance with § 1201.03, Subd. 2.i.; (7) Wherever fuel pumps are to be installed, pump islands shall be installed; (8) At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with § 1201.03, Subd- 2. g.; (9) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with § 1201.03, Subd. 2.g.; (10) Vehicular access points shall create a minimum conflict with through traffic movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject to the approval of the City Engineer; (11) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.; (12) Provisions are made to control and reduce noise; (13) Any outside storage shall be in compliance with Subd. 4.d.; (14) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions; and (15) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met. 0 e. Open and outdoor storage as an accessory use, provided that: 1201 -133 2006S-1 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 rl (1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure; (2) The area is fenced and screened from view of neighboring residential uses or if abutting an R District; (3) Storage is screened from view from the public right -of -way; (4) Storage area is grassed or surfaced to control dust; (5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; (6) All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences; (7) Storage area does not take up parking space as required for conformity to this chapter; and (8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met. Open or outdoor service, sale and rental as a principal or accessory use, provided that: (1) Outside services, sales and equipment rental connected with the principal use is limited to an area no larger than the gross floor area of the principal use; (2) Outside sales areas are fenced or screened from view of neighboring residential uses or abutting R District in compliance with § 1201.03, Subd. 2.g.; (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with § 1201.03, Subd. 2.i.; (4) Sales area is grassed or surfaced to control dust; (5) The use does not take up parking space as required for conformity to this chapter; and (6) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met. 0 1201 -134 2006S-1 1201.22 Zoning Regulations 1201.22 g. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this section, provided that: (1) The use is allowed as a permitted use in a C -1 District; (2) The use does not constitute more than 30% of the lot area and no more than 50% of the gross floor area of the principal use; (3) Adequate off - street parking and off - street loading in compliance with the requirements of § 1201.03, Subds. 5. and 6. is provided; (4) All signing and informational or visual communication devices shall be in compliance with § 1201.03, Subd. 11.; and (5) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met. h. Daycare facilities, as defined in § 1201.02 Subd. 4. of this code, serving ten 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 comply with the size required for state licensing; (b) The activity area shall be located at least 25 feet from any adjacent residential lot boundary; (c) The activity area shall be screened and landscaped to buffer neighboring residential uses; and (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 § 1201.03 Subd. 5. of this code. The number of parking spaces required for a daycare is facility shall be one space for each four persons of licensed capacity. 1201 -135 2006S-1 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 (4) Adequate short -term parking or drop -off area shall be provided within close proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian crossing of a drive aisle. The short -term parking or drop -off area shall accommodate at least three 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) The structure in which the daycare facility is located shall comply with all applicable building and fire codes. (6) The provisions of § 1201.04 Subdivision I. d.(1) of the this code must be considered and satisfactorily met. i. Commercial planned unit development as regulated by § 1201.06 of this chapter, provided that: (1) Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section; and (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25 of this chapter. Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C -3 District subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: none; b. Lot width: none; C. Lot depth: none; d. Setbacks: (1) Front yard: not less than 30 feet; (2) Rear yard: not less than 30 feet; (3) Side yard: not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street; C • 1201 -136 2006S-1 1201.22 Zoning Regulations 1201.23 (4) Setback from R District boundary: not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R -C District). Subd. 6. Building requirements. Height: no structure shall exceed three stories, or 40 feet, whichever is least. (1987 Code, § 1201.22) (Ord. 180, passed 5 -19 -1986; Ord. 191, passed 11 -24 -1986; Ord. 242, passed 8 -26 -1991; Ord. 342, passed 9 -23 -1998; Am. Ord. 373 -a, passed 7 -23 -2001; Am. Ord. 415, passed 4 -25 -2005; Am. Ord. 421, passed 2 -27 -2006) 1201.23 C -4, COMMERCIAL SERVICE DISTRICT. Subd. 1. Purpose. The C -4 District is intended to recognize areas containing preexisting businesses which provide services primarily for the community and surrounding area. It is further intended that the location of the C -4 District may take advantage of transportation routes with existing high traffic volumes; however, activities allowed in the District will not create additional traffic. Subd. 2. Permitted uses. The following uses are permitted, as regulated herein, without special 0 application requirements or conditions attached: a. Bakery goods sales and baking of goods for retail sale on the premises; b. Canvas products sales and repairs; C. Convenience grocery (without motor fuel facilities); d. Dry cleaning establishment; e. Enclosed boat and marine sales; and f. Nursery. Subd. 3. Permitted accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead: a. Off - street parking as regulated by § 1201.03, Subd. 5, but not including semi- trailer trucks; b. Off - street loading as regulated by § 1201.03, Subd. 6; C. s Signs regulated by § 1201.03, Subd. 11. g g 1201 -136A 2006S-1 1201.23 Shorewood - Zoning and Subdivision Regulations 1201.23 Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a conditional use permit as regulated in § 1201.04: a. Automobile repair - minor, provided that: (1) The entire site other than that taken up by a building, structure or landscaping shall be surfaced with a material to control dust and drainage which is subject to approval by the City Engineer; (2) A drainage system subject to approval by the City Engineer shall be installed; (3) Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade; (4) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the city staff; (5) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.; (6) Any outside storage shall be in compliance with paragraph b of this Subd.; (7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and (8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; b. Open and outdoor storage as an accessory use, provided that: (1) The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure; (2) The area is fenced and screened from view of neighboring residential uses or if abutting any R District; • 1201 -136B 2006S-1 1201.24 Zoning Regulations 1201.25 b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than 10% of the issued and outstanding stock of the corporation will be deemed a transfer of the license. C. An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the city residents. d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With exception of power boats necessary for the operation of the facility, water harboring of boats on any site located in Gideon's Bay shall be limited to sailing boats only. Subd. 11. Termination procedure for license previously issued. a. If upon inspection by the representative of the City Council it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license: (1) The licensee shall be informed of the violation in writing by the Zoning Administrator; (2) The licensee shall be notified it has 20 days to correct the violation; (3) If the violation is not corrected within the time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council. b. Failure to have a valid license in force shall be prima facie evidence of a violation of this chapter. (1987 Code, § 1201.24) (Ord. 180, passed 5 -19 -1986) 1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT. Subd. 1. Purpose. This District is established to provide comprehensive procedures and standards designed for district planned unit development to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonresidential uses. 0 Recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas may not 1201 -149 1201.25 Shorewood - Zoning and Subdivision Regulations 1201.25 be appropriate to control development in less developed areas. Specifically, P.U.D. is intended to encourage: a. Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the conservation and more efficient use of land in the developments; b. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; C. More convenience in location of commercial and service areas within a given project or area, allowing more efficient and desirable transitions between residential and nonresidential land uses; d. The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion; e. A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses; f. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering housing costs and public investments; g. A development pattern in harmony with the objectives of the City Comprehensive Plan; h. A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city; i. To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence; j. To allow variation from the provisions of this chapter, including setbacks, height, lot area, width and depth, yards and the like internally within the project. Provisions of this chapter shall generally be maintained at the periphery of the project area. Subd. 2. Permitted Uses. The development agreement for any proposed P.U.D. shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory, or conditional uses allowed in this chapter may be considered for a P.U.D. However, any P.U.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. 2006S-1 1201 -150 1201.25 Zoning Regulations 1201.25 applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this chapter and /or approved Development Stage Plan, the approval shall expire. Upon application by the applicant, the Council, at its discretion, may extend for not more than six months, the filing deadline for any Final Plan when, for good cause shown, the extension is necessary. In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the General Concept Plan approval and the Development Stage Plan approval for that portion of the P.U.D. that has not received Final Plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable. (6) Site improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the City Engineer may issue, grading permits for the area within the P.U.D. for which Development Stage Plan approval has been given. d. Final Plan. (1) Purpose. The Final Plan is to serve as a complete, thorough and is permanent public record of the P.U.D. and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the P.U.D. process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the P.U.D. The Final Plan is intended only to add detail to, and to put in final form, the information contained in the Development Stage Plan and shall conform to the Development Stage Plan in all respects. (2) Schedule. (a) Upon approval of the Development Stage Plan, and within the time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages. This plan will be reviewed and approved /denied by city staff, unless otherwise specified by the City Council. (b) Within 30 days of its approval, the applicant shall cause the Final Plan, or the portions thereof as are appropriate, to be recorded with the County Registrar of Titles. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval. 1201 -167 2006S-1 1201.25 Shorewood - Zoning and Subdivision Regulations 1201.25 (3) Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final Plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied. (4) Limitations on Final Plan approval. Within one year after the approval of the Final Plan for P.U.D., or shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within the period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the P.U.D. permit and all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in the district in which it is located. In this case, the Council shall forthwith adopt an ordinance repealing the P.U.D. permit and all P.U.D. approvals and re- establishing the zoning and other is ordinance provisions that would otherwise be applicable. (5) Inspection during development. (a) Compliance with overall plan. Following Final Plan approval of a P. U. D., or a stage thereof, the Zoning Administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approval development schedule. (b) Development not proceeding according to schedule. If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the P.U.D. plans as finally approved, he or she shall immediately notify the Council. Within 30 days of the notice, the Council shall either by ordinance revoke the P.U.D. permit and the land shall thereafter be governed by the regulations applicable in the district in which it is located or shall take the steps as it shall deem necessary to compel compliance with the Final Plans as approved or shall require the landowner or applicant to seek an amendment of the Final Plan. 0 987 Code, § 1201.25) (Ord. 180, passed 5 -19 -1986; Am. Ord. 411, passed 12 -13 -2004) 2006S-1 1201 -168 1201.26 Zoning Regulations 1201.26 is (e) Fill shall be stabilized according to accepted engineering standards; (f) Fill shall not restrict a floodway or destroy the storage capacity of a flood plain; (g) The maximum slope of the finished surface which slopes toward a water body or a watercourse leading to the water body shall be three units horizontal to one vertical; (h) No grading or filling shall be permitted within shore and bluff impact zones; (i) Plans to place fill or excavated material on steep slopes must be reviewed and approved by the City Engineer for continued slope stability and must not create finished slopes greater than three units horizontal to one vertical; (j) Placement of natural rock riprap, including associated grading of the shortline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet; (2) Any work which will change or diminish the course, current or cross section of a public water must be approved by the Department of Natural Resources as per M.S. § 105.44 before the work is begun. This includes construction of channels and ditches, lagooning, dredging of lake bottom for the removal of muck, silt or weeds and filling the lake bed, including low lying marsh areas. Approval shall be construed to mean the issuance by the Commissioner of the Department of Natural Resources of a permit under the procedures of M.S. § 42 and other related statutes; (3) Excavation on shorelands where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, shall require a permit from the Building Official prior to commencement of construction. The permit shall be obtained only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters. Approval will be given only if the proposed work is consistent with applicable state regulations for work in beds of public waters. • 1201 -175 1201.26 Subd. 8 Shorewood - Zoning and Subdivision Regulations 1201.26 C. Steep slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. Stormwater management. The following general and specific standards shall apply. a. General standards. (1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters. RE (2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man- made materials and facilities. Specific standards. (1) Impervious surface coverage of lots must not exceed 25 % of the lot area, except as provided in § 1201.03 Subd. 2.u. of this code. (2) When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer licensed in the State of Minnesota that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. • • (3) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 1201 -176 2006S-1 1201.26 Zoning Regulations 1201.26 Subd. 12. Effect of permit. The granting of any permit, variance or subdivision approval under provisions of this section shall in no way affect the owner's capability to obtain the approval required by any other statute, ordinance or legislation of any state agency or subdivision thereof. Approval may be expressly given in conjunction with other permits applied for, but no approval shall be implied from the grant of the permits nor from the necessity to apply for a permit as described herein. (1987 Code, § 1201.26) (Ord. 261, passed 11 -30 -1992; Am. Ord. 382, passed 3 -25 -2002; Am. Ord. 420, passed 2 -13 -2006) C7 • 1201 -179 M111161M Shorewood - Zoning and Subdivision Regulations • • • 1201 -180 r� L CHAPTER 1301 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1301.01 Purpose 1301.02 Establishment of fees and charges 1301.01 PURPOSE. Fees and charges by the city are established as set forth in other sections of the City Code and as set forth in this Title 1300. If there is inconsistency between fees and charges established in this Title 1300 and other sections of the City Code, the terms and conditions set forth in Title 1300 shall prevail. The City Council may amend this Title 1300 from time to time at its sole discretion by simple majority of all of its members. (1987 Code, § 1301.01) (Ord. 263, passed 12 -14 -1992) 1301.02 ESTABLISHMENT OF FEES AND CHARGES. Fees and charges by the city are hereby established as set forth in Schedule A. Each section of the City Code which contains any such fee or charge is hereby amended to reflect the amount set forth in Schedule A. If this Title 1300 does not establish a fee or charge, it shall remain as stated in other sections of the City Code. SCHEDULE A LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee I. Miscellaneous Permits and Licenses Police alarm permits 601.06.1 $100 3rd false alarm and thereafter Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter 2006S-1 1301 -1 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference ,L I. Miscellaneous Permits and Licenses Recreational fire permit 501.03 No charge Open burning permit 501.03 $100 per site Boat docks and boat storage 304.05 $35 facility license Tobacco retailer license 302 $250 /premise Tobacco administrative fines: Tobacco licensees in violation $75 /first offense $200 /second offense in 24 -month period $250 /thereafter within 24 -month period Other individuals in tobacco violation $50 per offense Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50 /video booth or stall Dog licenses, per animal 701.03.2 $10 $5 license late fee Kennel license 701.04.2 $25 /initial license $10 /renewal license Horse permit 702.04 $25 Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $27 (minimum 2 -day fee) Additional services when $95 inoculation required $35 bath Street excavation permit 901.01.2b $150 Gambling license 301.06.2 $100 biennial 301.06.1 $25 temporary System contractor license $1,000 bond Refuse hauler license 507.05.4 $50 plus $25 /truck • 1301 -2 2006 S -1 Repl. 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge>Fee Reference I. Miscellaneous Permits and Licenses Tree trimmers license 305.01 $30 Commercial lawn fertilizer Application license (annual) 310.03.2d $30 Therapeutic massage license fee $150 Application investigation fee $100 Fireworks dealer license /permit $100 per site /per year Multiple dock facility license 1201.24, Subd. 1 $$2 per slip /per year II. Liquor Intoxicating liquor license 403.06.1 $7,500 Wine license - on -sale 403.06.1 $1,000 Intoxication malt liquor /wine license - on -sale 403.06.1 $2,000 Liquor special club license 403.06.1 $250 Special Sunday license 403.06.1 $200 3.2 % malt Liquor license - on -sale 402.06.2 $300 3.2% malt liquor Liquor license - off -sale 402.06.2 $50 3.2% malt liquor Temporary license 402.06.2 $25 Liquor licensees in violation 402.06.2 $500 /first offense $1,000 /second offense in 24 -month period $1, 500 /third offense in 24 -month period $2,000 /fourth offense in 24 -month period 2006 S -1 Repl. 1301 -3 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference III. Utility Rates Sewer Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1 a $70 /qtr /residential $45 /qtr /residential (low income) $35 /qtr /residential (seasonal) Commercial: $71.90 /qtr, plus $2.55/ea 1,000 gallons in excess of 28,500 gallons per qtr. Sanitary sewer surcharge 904.09.5 $100 /month Local sewer availability charge 904.18.3 $1,200 Water Water connection permit 903.03.1a Inside $50 Outside $60 Water meter 5/8" x 3/4" meter (with touch 903.03.1b(2) $105 pad) 3/4" copperhorn for 5/8" meter $40 Touch pad only $15 1 " meter $180 1 " copperhorn and connections $55 1 " pressure- reducing valve $55 1 1/2" meter (with flanges) 903.03.lb(2) Cost plus 10% 2" meter (with flanges) 903.03.1b(2) Cost plus 10% 11/2 " pressure- reducing valve Cost plus 10 % 2" pressure- reducing valve Cost plus 10 % Late meter reading fee 903.08.6 $5 Meter test 903.08.4 $80 Water service 903.09.1a $35 /quarter first 10,000 gallons, plus $2.95 per 1,000 gallons in excess of 10,000 gallons up to 50,000 gallons, and $3.75 per 1,000 gallons in excess of 50,000 gallons per quarter • • • 1301 -4 2006 S -1 Repl. 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 C • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Water Water service - low income 903.09.1a(1) $15 /quarter minimum Water turn -on and shut -off fee 903.04 $50 Base water special assessment (R) 903.18.03 $5,000 Water trunk charge (T) 903.18.06 $10,000 Water connection fee 903.03.3 Connection fee shall be 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. Water supply - research of $75 properties Stormwater Management Stormwater drainage utility Residential equivalent factor $3.53 /quarter lots less than 10,000 sq. ft. Basic system rate 905.03 $5.04 /quarter lots 10,000 - 50,000 sq. ft. $6.56 /quarter lots 50,000 plus sq. ft. Recycling Residential recycling fee $1.75 /month /household Recycling containers $8 after first container Wheel -eez $10 each IV. Miscellaneous Fees and Charges Special assessment search $15 Mailed minutes (nonresident) $75.00 annual $ .25 /page /individual Mailed agendas $35 annual $.25/page/individual 2006 S -1 Repl. 1301 -5 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee F City Code Charge /Fee Reference IV. Miscellaneous Fees and Charges Copies $.25 /page /single side 8.5 x 11" $.50 /page /single side anything larger Color copies $1 /page /single side Mailing labels (all city residents) $35 all residents on printed mailing labels Aerial topography: Mylar copy $16 /acre plus $5 /mylar Electronic $50 /megabyte of data City Code book $75 CD Rom $25 Updates $25 /year City Zoning Code $20 Comprehensive Plan (softbound color copy $35 City Subdivision Ordinance (softbound copy) $g Election filing fee $2 Spring clean -up fees 507.09.1 Up to $10 507.09.2 $20 air conditioners* $20 water softeners* $12 appliances, including water heaters* $10 mattresses and rolled carpets /padding* $15 large furniture* $5 tires with or without rims* $13 truck tires without rims* $0 auto batteries* * Or as determined based upon actual cost of disposal • • • 1301 -6 2006S-1 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference IV. Miscellaneous Fees and Charges Transient business, 308.08 peddling /soliciting $50 /applicant Sand barrel /sand charge $40 barrel and sand /$30 sand only Tri- annual rental housing License fee, per unit (includes up to three inspection /unit) 1004.03(3) $60 Additional inspections as necessary 1004.03(3) $20 /inspection Return check fee $25 V. Park and Recreation Park and recreation use fees 902.06.3 Organized sports participant $10 /per participant, per sport, per season Skating rinks (per rink) Lights $15 /hour Tournaments, per rink $30 /day plus attendant salary Soccer /Football /Baseball /Softball Fields (per field) Damage deposit, all fields $125 /flat fee Football Field, unlighted $50 /day Lights $30 /hour Diamond field (baseball) $50 /day Entire soccer area, unlighted $150 /day Multi -use buildings Resident Base Nonresident Base Fee Fee Damage deposit, all buildings $50 $150 Manor /Badger $25 $150 Eddy Station $100 $150 Picnic Pavilions Resident Base Nonresident Base Fee Fee Manor /Freeman $25 $50 Eddy Station Pavilions 1 1 $50 $75 1301 -7 2006S-1 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference VI. Building, Zoning, Land Use Zoning /amendments 1201.04.1 a $600 Conditional use permit 1201.04.1a $200 (residential) 1201.05.3a $400 plus $100 escrow (nonresidential) $1,000 plus $1,000 escrow (communication facilities) Variances and appeals 1201.05.3a $250 plus $150 escrow (residential) $300 plus $150 escrow (nonresidential) Planned unit development 1201.25.6b(2)(b) Concept plan $300 plus $100 escrow Development stage plan $300 plus $100 escrow Final plan $300 plus $100 escrow Site plan review /certificate 1201.07.2 $150 Subdivision (Metes and Bounds) 1202.03.1 a(2) $350 plus $100 escrow (three lots or less) Subdivision (Preliminary plat) 1202.03. 1 a(2) $350 plus $25 /lot plus $1,000 escrow Subdivision (final plat) 1202.03. 1 a(2) $500 plus $25 /lot plus $1,000 escrow Park dedication 1202.07 $2,000 /unit (cash in lieu of land) Comprehensive plan amendment $200 pre - application $800 formal application Extension of deadline for recording 50% of original application fee resolutions Note: Base fees are non - refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. 1301 -8 • • • 2006S-1 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference VI. Building, Zoning, Land Use Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1 -A AND STATE RULE 1300.0160 Reinspection fee $35 Residential Roofing permit S.B.C. $75 Siding permit S.B.C. $75 Window permit $75 Mechanical permit S.B.C. State Statute or 2.5% of value, $35 minimum Plumbing permit S.B.C. State Statute or $15 /fixture, $35 minimum Automatic sprinkling system S.B.C. permit $20 Removal or abandonment, U.F.C. underground tanks S.B.C. $35 first tank plus $20 each additional Demolition permit 1201.03.1lf $50* Sign permit application fee $20 Approved sign permit fee 1201.03.2f Per 1997 U.B.C. Table 1 -A Fence permit S.B.C. $20 Grading /filling permit 1201.03.12c Per 1997 U.B.C. Table A -33 -A and Home occupation permit 901.02.2d A -33 -B Irrigation system permit 901.02.2b $200 (special) R. O. W. Encroachment permit $20 R.O.W. or easement vacation $40 request $300 * Fee is waived when done in conjunction with a building permit or when burned by Fire Department. (1987 Code, § 1301.02) (Ord. 263, passed 12 -14 -1992; Ord. 274, passed 5 -10 -1993; Ord. 277, passed 8 -23 -1993; Ord. 279, passed 9 -27 -1993; Ord. 285, passed 1 -24 -1994; Ord. 287, passed 3 -14 -1994; Ord. 292, passed 5 -23 -1994; Ord. 299, passed 6 -12 -1995; Ord. 301, passed 6 -12 -1995; Ord. 302, passed 7 -10 -1995; Ord. 309, passed 2 -12 -1996; Ord. 322, passed 6 -9 -1997; Ord. 328, passed 12 -15 -1997; Ord. 329, passed 12 -15 -1997; Ord. 332, passed 2 -23 -1998; Ord. 340, passed 9 -14 -1998; Ord. 344, passed 9 -28 -1998; Ord. 351, passed 5 -24 -1999; Ord. 353, passed 6 -14 -1999; Ord. 356, passed 9 -13 -1999; Ord. 359, passed 12 -13 -1999; Ord 360, passed 1 -10 -2000; Ord 365, passed 8 -14 -2000; Am. Ord. 369, passed 2 -12 -2001; Am. Ord. 370, passed 2 -26 -2001; Am. Ord. 412, passed 2 -28 -2005; Am. Ord. 416, passed 7 -25 -2005) 1301 -9 2006 S -1 Repl . Shorewood - Municipal Fees C� • 1301 -10 r -- L--j • • REFERENCES TO MINNESOTA STATE STATUTES M. S. Section Code Section Ch. 12 602.01, 602.08 14.37 -14.70 403.12 15.99, Subd. 3.(e) 1101.10 16B.59- 16B.75 1001.02, 1001.03 16B.62, Subd. 1 1001.04, 1001.05 16B.65, Subd. 1 1001.04 16B.69 1001.06 16B.70 1001.05 18.75 -18.88 501.04 Ch. 18B 310.03 Ch. 18C 310.03 42 1201.26 82.17 204.02 84.81 -84.88 611.05 88.16 -88.22 608.11 Ch. 103F 1101.01 Ch. 103G 1101.04, 1101.10 Ch. 105 1201.26 105.44 1201.26 144.391 302.01 152.02 306.02 168.10 502.02 Ch. 168B 502.01 168B.01 604.04 Ch. 169 604.04, 610.01, 611.05 169.01 902.04 204B.135 106.01 205.84 106.01 260.185 606.01 278.01 - 278.13 312.09 290.09- 290.13 1201.02 299F.011, Subd. 4 607.04 299F.011 607.03 299F.011, Subd. 6 607.05 309.515 308.05 326.02 1202.02 3 2006S-1 Shorewood - Parallel References 4 2006S-1 M. S. Section Code Section Ch. 327 1201.02 Ch. 329 308.07 Ch. 340A 403.01 340A.402 402.04 340A.403 401.07 340A.404 403.05 340A.409 402.07 340A.414 402.11 340A.504 403.11 340A.601 401.03 340A.801 403.07 343.40 701.05 Ch. 349 301.01, 301.02, 301.03, 301.14 349.11- 349.21 301.15 349.11- 349.23 301.06, 301.07 349.166 301.09 349.12 301.04 349.213 301.03 Ch. 361 501.06 Ch. 363 204.01 364.03 312.09, 312.12 Ch. 412 105.03 412.221 309.01 412.221 et seq. 501.08 412.541 105.01, 105.02 412.581 105.01, 105.02 412.591 107.01 Ch. 429 501.08, 1202.07 429.101 502.01, 502.02, 502.03 444.25 906.05 444.075 905.02, 905.08 Ch. 462 1101.01 462.351- 462.363 1201.01 462.351- 462.364 201.01 462.357 309.01 462.357, Subd. lc 1201.03 462.358 1202.01, 1202.02 462.361 1201.04 463.15 1004.06 4 2006S-1 u REFERENCES TO MINNESOTA REGULATIONS Minn. Reg. Section Code Section 6120.2500- 6120.3900 1201.26 6120.5000- 6120.6200 1101.03 Ch. 1340 1201.26 • • 9 2006S-1 Shorewood - Parallel References U 10 References to 1987 Code of Ordinances 0 1987 Code Section 2004 Code Section 1004.01 1004.01 1004.02 1004.02 1004.03 1004.03 1004.04 1004.04 1004.05 1004.05 1004.06 1004.06 1102.01 1102.01 1102.02 1102.02 1102.03 1102.03 1102.04 1102.04 1102.05 1102.05 1102.06 1102.06 1102.07 1102.07 1102.08 1102.08 1102.09 1102.09 1102.10 1102.10 1102.11 1102.11 1103.01 1103.01 1103.02 1103.02 1103.03 1103.03 1201.01 1201.01 1201.02 1201.02 1201.03 1201.03 1201.04 1201.04 1201.05 1201.05 • K 2006S-1 Shorewood - Parallel References 1987 Code Section 2004 Code Section 1201.06 1201.06 1201.07 1201.07 1201.08 1201.08 1201.09 1201.09 1201.10 1201.10 1201.11 1201.11 1201.12 1201.12 1201.13 1201.13 1201.14 1201.14 1201.15 1201.15 1201.16 1201.16 1201.17 1201.17 1201.18 1201.18 1201.19 1201.19 1201.20 1201.20 1201.22 1201.22 1201.23 1201.23 1201.24 1201.24 1201.25 1201.25 1201.26 1201.26 1301.01 1301.01 1301.02 1301.02 • 20 2006S-1 • REFERENCES TO ORDINANCES 21 2006S-1 Ord. No. Date Passed Code Section 2 6 -19 -1956 402.05, 402.06, 402.09, 402.10, 402.11, 402.13 5 7 -17 -1956 603.03, 603.06, 603.08, 603.09 12 8 -14 -1956 109.02, 902.06 16 12 -14 -1957 303.05 20 9 -16 -1958 603.06 28 9 -12 -1960 1003.01 - 1003.02,1003.04, 1003.05 29 2 -13 -1961 304.04, 304.05, 304.08, 304.09 33 7 -10 -1961 401.06, 401.08 45 8 -9 -1965 107.01 53 1 -22 -1968 610.03, 610.05, 610.08, 610.10 56 9 -8 -1969 304.09, 401.08, 402.14, 603.09, 610.10, 1003.05 62 6 -17 -1971 204.03 , 204.06 64 5 -8 -1972 904.02, 904.03, 904.06- 904.08, 904.10, 904.14, 904.17, 904.19 68 2 -12 -1973 904.03, 904.15 70 3 -12 -1973 1102.04, 1102.06 72 6 -4 -1973 502.02, 502.07 76 10 -8 -1973 901.03 77 9 -24 -1973 201.04 78 2 -11 -1974 610.01 80 8 -26 -74 904.15 81 11 -25 -74 701.02, 701.04, 701.09, 701.10, 701.13 84 6 -23 -1975 202.01- 202.04 87 3 -22 -1976 402.06 90 1 -10 -1970 403.01- 403.02,403.06, 403.09, 403.10, 403.12, 403.13 92 5 -9 -77 105.04 93 6 -13 -1977 305.01, 305.03 96 9 -12 -1977 702.10 • 100 7 -10 -1978 703.02, 703.05 21 2006S-1 Shorewood - Parallel References 22 2006S-1 Ord. No. Date Passed Code Section 101 8 -14 -1978 505.04 102 8 -14 -1978 202.03 105 9 -11 -1978 901.03 115 12 -17 -1979 901.01 117 - -1980 108.09 118 3 -31 -1980 904.15 119 3 -31 -1980 609.01- 609.05 120 5 -12 -1980 904.07 121 5 -28 -1980 901.02, 901.06 123 10 -6 -1980 902.06 127 8 -24 -1981 610.02 132 4 -11 -1983 1002.02 132 9 -27 -1982 610.04 136 12 -13 -1982 402.07, 403.07 139 1 -24 -1983 604.05 140 2 -14 -1983 902.02, 902.03, 902.05, 902.06, 902.10 143 4 -11 -1983 1002.02, 1002.09 147 8 -8 -1983 610.07 155 1 -9 -1984 703.02, 703.03 161 10 -15 -1984 402.10 162 1 -28 -1985 306.09 163 2 -11 -1985 610.09 164 3 -11 -1985 902.05 168 6 -24 -1985 1201.03 171 8 -12 -1985 1201.03 173 8 -12 -1985 701.04 176 1 -27 -1986 503.08 179 2 -24 -1986 610.09 180 5 -19 -1986 1201.02, 1201.03, 1201.10- 1201.17,1201.19, 1201.20,1201.22 - 1201.25 182 7 -14 -1986 601.05, 601.06 186 6 -23 -1986 610.02 187 11 -10 -1986 605.03 188 11 -24 -1986 1201.03 189 11 -24 -1986 1201.23 191 11 -24 -1986 1201.22 192 11 -22 -1986 1201.23 22 2006S-1 References to Ordinances 23 2006S-1 Ord. No. Date Passed Code Section 200 9 -14 -1987 603.10 201 9 -28 -1987 307.14 204 2 -8 -1988 901.02 208 4 -11 -1988 1201.03, 1201.06, 120 1. 10, 1201.11, 1201.19, 1201.20, 1201.23 209 5 -9 -1988 1102.11 213 3 -27 -1989 701.04,701.06,701.08 - 701.11 214 5 -22 -1989 1201.03, 1201.23 217 7 -10 -1989 1102.05 218 7 -24 -1989 502.02 219 12 -4 -1989 904.15 222 3 -12 -1990 610.09 226 6 -11 -1990 1201.03 227 6 -11 -1990 1201.03 232 9 -10 -1990 701.07 237 5 -13 -1991 503.09 238 6 -24 -1991 503.10 239 6 -24 -1991 901.02 242 8 -26 -1991 1201.02, 1201.10- 1201.17, 1201.22, 1201.23 243 9 -9 -1991 1201.02, 1201.03, 1201.17, 1201.19 245 10 -28 -1991 611.10 246 10 -28 -1991 610.06, 902.04 247 10 -28 -1991 404.03 248 12 -9 -1991 403.06, 403.07, 403.08 253 3 -23 -1992 403.05 254 4 -13 -1992 904.18 254 4 -13 -1992 904.03 259 9 -28 -1992 901.01 261 11 -30 -1992 1201.02, 1201.03, 1201.26 263 12 -14 -1992 304.05, 305.01, 402.06, 403.06, 507.09, 601.06, 701.04, 904.08, 1301.01, 1301.02 264 1 -11 -1993 202.02 265 1 -25 -1993 308.01- 308.13 266 1 -25 -1993 902.02 268 1 -25 -1993 905.01- 905.09 270 2 -22 -1993 1201.03 271 3 -10 -1993 904.18 23 2006S-1 Shorewood - Parallel References Ord. No. Date Passed Code Section 0 272 4 -12 -1993 1004.01- 1004.06 274 5 -10 -1993 1301.02 275 5 -24 -1993 1201.03 276 6 -14 -1993 1201.03 277 8 -23 -1993 904.09, 1301.02 278 8 -23 -1993 202.02 279 9 -27 -1993 1301.02 280 10 -11 -1993 611.10 285 1 -24 -1994 1301.02 286 2 -28 -1994 906.05 287 3 -14 -1994 1301.02 288 3 -28 -1994 702.03 289 3 -28 -1994 1201.03 291 5 -9 -1994 1201.03 292 5 -23 -1994 1301.02 293 6 -13 -1994 904.05 294 9 -12 -1994 902.04 296 1 -23 -1995 611.10 297 2 -27 -1995 610.09 299 6 -12 -1995 701.04, 1301.02 301 6 -12 -1995 1301.02 302 7 -10 -1995 1301.02 305 8 -28 -1995 1102.02, 1102.06 309 2 -12 -1996 1301.02 310 2 -12 -1996 902.06 311 6 -24 -1996 609.01 - 609.05 312 6 -24 -1996 610.06 314 10 -14 -1996 611.10 315 11 -25 -1996 201.05 316 11 -25 -1996 308.04 317 12 -4 -1996 202.02, 202.03 318 1 -13 -1997 308.11 321 5 -12 -1997 1201.02, 1201.03 322 6 -9 -1997 1301.02 323 10 -26 -1997 1201.03 324 10 -27 -1997 1103.03 325 12 -3 -1997 403.11 327 12 -15 -97 1201.20 328 12 -15 -1997 402.14, 1301.02 �1 U 24 References to Ordinances 25 Ord. No. Date Passed Code Section 329 12 -15 -1997 1301.02 330 2 -9 -1998 610.10 332 2 -23 -1998 1301.02 334 4 -27 -1998 701.07, 902.03 336 5 -26 -1998 201.02, 201.03 338 8 -24 -1998 602.09 340 9 -14 -1998 1301.02 341 9 -14 -1998 308.02, 308.04 342 9 -23 -1998 1201.22 343 9 -28 -1998 1201.03 344 9 -28 -1998 1301.02 345 10 -26 -1998 1201.02, 1201.03 347 11 -23 -1998 904.09 348 1 -11 -1999 201.02, 201.03 349 1 -25 -1999 202.02 351 5 -24 -1999 1301.02 353 6 -14 -1999 601.02- 601.04,601.07, 1301.02 356 9 -13 -1999 1301.02 358 10 -25 -1999 611.02, 611.03 359 12 -13 -1999 1301.02 360 1 -10 -2000 1301.02 361 2 -14 -2000 1201.03 363 5 -22 -2000 702.04 364 6 -26 -2000 902.04 365 8 -14 -2000 902.06, 1301.02 367 9 -11 -2000 1201.09 368 11 -27 -2000 1201.09 369 2 -12 -2001 1301.02 370 2 -26 -2001 1301.02 371 5 -29 -2001 1201.03 373 -a 7 -23 -2001 1201.02, 1201.22 373 -b 8 -27 -2001 311.01- 311.09 374 12 -10 -2001 1201.03 375 12 -10 -2001 1201.03 377 1 -14 -2002 310.04 378 1 -14 -2002 901.04, 901.05 379 2 -11 -2002 1201.03 380 2 -11 -2002 1202.01- 1202.10 381 2 -25 -2002 610.06 25 Shorewood - Parallel References • 26 2006S-1 Ord. No. Date Passed Code Section 382 3 -25 -2002 1201.26 383 3 -25 -2002 1201.04, 1201.05 384 4 -30 -2002 106.01 385 5 -28 -2002 503.09 386 6 -10 -2002 312.01- 312.13 387 6 -10 -2002 603.05 388 7 -8 -2002 1201.09 389 8 -12 -2002 1201.02, 1201.04 390 8 -12 -2002 503.06 391 11 -12 -2002 310.03 392 1 -27 -2003 1201.03 393 2 -10 -2003 401.09, 402.15, 403.14 394 4 -14 -2003 701.02, 701.07 395 7 -28 -2003 903.01- 903.20 396 7 -28 -2003 1201.03 397 8 -25 -2003 1201.19 398 9 -8 -2003 701.01, 701.02, 701.07 399 9 -22 -2003 503.01, 503.06 400 2 -9 -2004 1001.01- 1001.06 401 2 -23 -2004 607.01- 607.05 402 3 -8 -2004 610.09 403 5 -24 -2004 1201.19 405 9 -13 -2004 1101.01 - 1101.13 406 9 -13 -2004 201.03, 202.02 407 9 -27 -2004 201.04, 202.03 408 10 -11 -2004 105.05 409 11 -22 -2004 Adopting Ordinance 410 12 -13 -2004 1201.03 411 12 -13 -2004 1201.25 412 2 -28 -2005 1301.02 413 2 -28 -2005 1201.03 415 4 -25 -2005 1201.09, 1201.22 416 7 -25 -2005 1301.02 419 1 -23 -2006 1201.02, 1201.03 420 2 -13 -2006 1201.03, 1201.26 421 2 -27 -2006 1201.22 • 26 2006S-1 Index BOAT DOCKS AND BOAT STORAGE FACILITIES Application for license, 304.03 Construction and maintenance of commercial docks, 304.07 Definitions, 304.01 Inspections, 304.08 License fee, term of license, 304.05 License required, 304.02 Regulation of commercial storage facilities, 304.06 Restrictions on license, 304.04 Violation, 304.09 BRIDGES AND PUBLIC WAYS; USE OF, 610.07 BUILDING REGULATIONS Building Code Application, administration and enforcement, 1001.04 Building code optional chapters, 1001.03 Codes adopted by reference, 1001.02 Permits and fees, 1001.05 Purpose, 1001.01 Violations and penalties, 1001.06 Excavation or storage of rock, sand and gravel Application for permit, fee, 1003.02 Exemptions from provisions, 1003.04 Permit required, 1003.01 Procedure for approval, 1003.03 Violation, 1003.05 Moving of buildings Definitions, 1002.01 Enforcement and violation, 1002.09 Existing covenants and agreements, 1002.05 House movers, 1002.08 Liability of permittee, 1002.07 Permit requirements, 1002.02 Restoration of original site, costs, 1002.06 Routes designated, 1002.04 Rules and regulations, 1002.03 5 Shorewood - Index BUILDING REGULATIONS (Cont'd) Rental Housing Code Administration and enforcement, 1004.06 Definitions, 1004.02 Inspections, 1004.05 Licensing of rental units, 1004.03 Minimum standards, 1004.04 Purpose and intent, 1004.01 BURNING BAN OR AIR QUALITY ALERT, 608.10 (See also OPEN BURNING) C -1, NEIGHBORHOOD CONVENIENCE COMMERCIAL DISTRICT, 1201.20 C -3, GENERAL COMMERCIAL DISTRICT, 1201.22 C -4, COMMERCIAL SERVICE DISTRICT, 1201.23 CANVASSERS AND GARAGE SALES (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) CITY ADMINISTRATOR, 105.03 CITY CLERK, 105.01 CITY CODE (See CODE OF ORDINANCES) CITY COUNCIL, 105.05 CITY OFFICERS AND EMPLOYEES City Administrator, 105.03 City Clerk, 105.01 City Treasurer, 105.02 Code of Ethics, 105.04 Mayor and City Council, 105.05 CITY TREASURER, 105.02 CLERK, 105.01 • 6 2006S-1 Index EMERGENCY MANAGEMENT Authorizing dispatch and use of city equipment and services by the Director in emergency situations (mutual aid), 602.09 Definitions, 602.02 Emergency management a governmental function, 602.07 Emergency regulations, 602.06 Establishment of an Emergency Management Organization, 602.03 Local emergencies, 602.05 Participation in labor dispute or politics, 602.08 Policy and purpose, 602.01 Powers and duties of the Director, 602.04 EMPLOYEES (See CITY OFFICERS AND EMPLOYEES) EVENT REGISTRATION AND PERMIT (See SPECIAL EVENT REGISTRATION AND PERMIT) FALSE ALARMS, REPORTS REQUIRED, 601.04 FALSE INFORMATION TO POLICE False information or name, 605.01 Penalty, 605.03 Refusal to identify, 605.02 FIRE CODE; UNIFORM (See UNIFORM FIRE CODE) FIRE PROTECTION UTILITY DISTRICT Establishment of tax lien, 906.05 Establishment of Utility District, 906.01 Fees, 906.03 Improvements, 906.02 Payment of charge, 906.04 FIREWORKS DEALERS LICENSE FEES AND SALE OF PERMITTED CONSUMER FIREWORKS Definitions, 312.02 Insurance required, 312.07 License application, 312.06 License application verification and consideration, 312.08 License fee and term of license, 312.04 License required, 312.03 License restrictions, 312.10 Mobile sales or sales by transient merchants, 312.05 is E Shorewood - Index FIREWORKS DEALERS LICENSE FEES AND SALE OF PERMITTED CONSUMER FIREWORKS (Cont'd) Penalty, 312.13 Persons and locations ineligible for a license, 312.09 Purpose and findings, 312.01 Restrictions regarding operation, 312.11 Sanctions for license violations, 312.12 FLOOD PLAIN MANAGEMENT REGULATIONS Administration, 1101.10 Amendments, 1101.13 Establishment of flood plain districts, 1101.03 FF, Flood Fringe District, 1101.05 FW, Floodway District, 1101.04 General provisions, 1101.02 Manufactured homes and placement of recreational vehicles, 1101.09 Nonconforming uses, 110 1. 11 Penalties for violation, 110 1. 12 Public utilities, railroads, roads and bridges, 1101.08 Statutory authorization, findings of face and purpose, 1101.01 Subdivisions, 1101.07 GAMBLING AND RAFFLES Adoption of state law by reference, 301.02 Applicability, 301.05 Application and local approval of premises permits, 301.08 City may be more restrictive than state law, 301.03 Council approval, 301.07 Definitions, 301.04 Lawful gambling permitted, 301.06 License and permit display, 30 1. 11 Local gambling tax, 301.13 Local permits, 301.09 Notification of material changes to application, 301.12 Penalty, 301.15 Purpose, 301.01 Records and reporting, 301.14 Revocation and suspension of local permit, 30 1. 10 • 10 2006S-1 Index 0 TWO- FAMILY RESIDENTIAL DISTRICT; SINGLE AND, 1201.14, 1204.15, 1204.16 UNCLAIMED PROPERTY Confiscated personalty, 604.03 Definition, 604.01 Summary disposal, 604.05 Unclaimed motor vehicles, 604.04 Unclaimed personalty, 604.02 Violation, 604.06 UNDERGROUND UTILITIES, 901.05 UNIFORM FIRE CODE Application, Administration and Enforcement, 607.04 Codes Adopted by Reference, 607.02 Fire Code Optional Chapters, 607.03 Purpose, 607.01 Violations and Penalties, 607.05 UTILITIES; UNDERGROUND, 901.05 0 UTILITY SERVICES; PUBLIC, 901.04 VEHICLES; ABANDONED OR WRECKED (See ABANDONED, WRECKED VEHICLES) WATER USE AND SERVICE Amendment - notice, 903.19 Authorized water shut offs, 903.11 Compliance with provisions, 903.02 Conservation measures, 903.12 Disclaimer of liability, 903.17 Discontinuance of service, 903.14 Installation and construction requirements and specifications, 903.06 Mandatory hook up, commercial and multiple - family residential users and certain residential developments, 903.15 Meters, 903.08 Private wells, 903.03 Purpose and intent, 903.01 Restricted and prohibited acts, 903.13 Right of entry powers, 903.16 Service pipes, 903.07 Violation, 903.20 21 Shorewood - Index WATER USE AND SERVICE (Cont'd) Water connections served by adjacent municipalities, 903.10 Water improvement process , 903.18 Water rates and charges, 903.09 Water service connections, 903.04 Water turn -on and shut -off fees, 903.05 WEAPONS; OFFENSES INVOLVING, 603.06 WETLAND DEVELOPMENTS Artificial obstructions, 1102.08 Conditions of development, restrictions, 1102.04 Definitions, 1102.02 Earth change plan, 1102.05 Land area within easements, 1102.07 Purpose and intent, 1102.01 Subdivision standards, 1102.06 Variances, 1102.09 Vehicle restrictions, 1102.11 Violation, 1102.10 Wetland Conservation Area and Map, 1102.03 WRECKED VEHICLES (See ABANDONED, WRECKED VEHICLES) ZONING REGULATIONS Administration, amendments and conditional use permits, 1201.04 Administration, certificate of occupancy, 1201.07 Administration, planned unit development, 1201.06 Administration, variances and appeals, 1201.05 C -1, Neighborhood Convenience Commercial District, 1201.20 C -3, General Commercial District, 1201.22 C -4, Commercial Service District, 1201.23 Definitions, 1201.02 Enforcement and penalties, 1201.08 Establishment of zoning classifications, 1201.09 General provisions, 1201.03 L -R, Lakeshore Recreational District, 1201.24 P.U.D. , Planned Unit Development District, 1201.25 R -IA, Single - Family Residential District, 1201.10 R -113, Single - Family Residential District, 1201.11 22 2006S-1