Loading...
American Legal Supplement 02 - 2007• REMOVE OLD PAGES Title page ADOPTING ORDINANCE 3,4 TABLE OF CONTENTS • 603 -3, 603 -4 1201 -1, 1201 -2 1201 -1, 1201 -2 1201-7,1201-8 1201 -7 through 1201 -8B 1201 - 17,1201 -18 1201 - 17,1201 -18 1201 -21, 1201 -22 1201 -21, 1201 -22 1201 -41, 1204 -42 1201 -41, 1201 -42 1201 - 63,1201 -64 1201 - 63,1201 -64 1201- 67,1201 -68 1201- 67,1201 -68 1201 -73, 1201 -74 1201 -73 through 1201 -74B 1201 - 85,1201 -86 1201 - 85,1201 -86 1201 -99 through 1201 -102 1201 -99 through 1201 -102 1201 -121 through 1201 -136B 1201 -121 through 1201 -136D SHOREWOOD, MINNESOTA Instruction Sheet 2007 S -2 Supplement TITLE 600: POLICE REGULATIONS TITLE 700: ANIMAL REGULATIONS INSERT NEW PAGES Title page 3,4 603 -3, 603 -4 703 -1, 703 -2 703 -1, 703 -2 TITLE 1000: BUILDING REGULATIONS 1000 -1, 1000 -2 1000 -1, 1000 -2 -- 1005 -1 through 1005 -4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1301 -5 through 1301 -10 TITLE 1300: MUNICIPAL FEES 1301 -5 through 1301 -10 REMOVE OLD PAGES 19 through 26 INDEX 5,6 13,14 21,22 INSERT NEW PAGES 19 through 28 5,6 13,14 21, 22 • csk03 /07 Shorewood - Instruction Sheet PARALLEL REFERENCES 0 C7 REMOVE OLD PAGES INSERT NEW PAGES TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-1,1201-2 1201 - 7,1201 -8 1201 -27, 1201 -28 1201 - 67,1201 -68 1201 -85 through 1201 -88 1201 - 99,1201 -100 1201- 136A,1201 -136B 1201 - 139,1201 -140 1301- 9,1301 -10 25 through 28 21,22 SHOREWOOD, MINNESOTA Instruction Sheet 2007 S -2 Replacement Pages TITLE 1300: MUNICIPAL FEES PARALLEL REFERENCES INDEX 1201 -1, 1201 -2 1201 -7, 1201 -8 1201 -27 through 1201 -28B 1201 - 67,1201 -68 1201 -85 through 1201 -88 1201 - 99,1201 -100 1201 -136A, 1201 -136B 1201 - 139,1201 -140 1301 -9, 1301 -10 25 through 28 21,22 csk 5/07 r� CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2007 S -2 Supplement contains: Local legislation current through Ord. 433, passed 1 -22 -2007 AMERICAN LEGAL PUBLISHING CORPORATION 10 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 CITY OF SHOREWOOD ORDINANCE NO. 428 AN ORDINANCE ENACTING AND ADOPTING THE 2006 S -1 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the first Supplement to the Code of Ordinances of the City of Shorewood, which contains all ordinances enacted since the 2004 Code Book recodification, through Ordinance No. 421 dated February 27, 2006; and WHEREAS, it is the intent of the Shorewood City Council to accept these updated sections, as outlined in the attached Exhibit A, in accordance with the changes of the laws of the State of Minnesota; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1 . That the first supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby adopted. Section 2. This ordinance adopting the 2006 S -1 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. i ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 14th day of August, 2006. Woody Love /s/ Woody Love, Mayor Attest: Craig W. Dawson /s/ Craig W. Dawson, City Administrator /Clerk • 3 2007S-2 Shorewood - Adopting Ordinance 0 • Table of Contents 0 TITLE 900: PUBLIC RIGHT -OF -WAY AND PROPERTY 901. Streets and Public Right -of -Way 902. Public Parks and Recreation Areas 903. Water Use and Service 904. Sewer Code 905. Stormwater Utility 906. Fire Protection Utility District TITLE 1000: BUILDING REGULATIONS 1001. Building Code 1002. Moving of Buildings 1003. Excavation or Storage of Rock, Sand and Gravel 1004. Rental Housing Code 1005. Outdoor Wood- Burning Furnaces TITLE 1100: FLOOD PLAIN AND WETLAND DEVELOPMENTS 1101. Flood Plain Management Regulations 1102. Wetland Developments 1103. Tree Preservation TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201. Zoning Regulations 1202. Subdivision Regulations TITLE 1300: MUNICIPAL FEES 1301. License, Permit, Service Charges and Miscellaneous Fees PARALLEL REFERENCES References to Minnesota State Statutes References to Minnesota Rules References to Minnesota Regulations References to 1987 Code of Ordinances References to Ordinances 9 1 PI-11110M Shorewood - Table of Contents INDEX C7 11 603.04 Misdemeanor Offenses 603.05 d. A line of telegraph or telephone or any part thereof or any appurtenance or apparatus g connected with the working of any magnetic or electrical telegraph or telephone or the sending or conveyance of messages thereby; e. The pipe or main for conducting gas or water or heat or any appurtenance or appendage connected therewith; f. A sewer or drain or a pipe or a main connected therewith or forming a part thereof. Subd. 2. Damage to crops. Every person who shall maliciously injure or destroy any standing crops, grain, cultivated fruits or vegetables or the property of another in any case for which punishment has not been otherwise prescribed shall be guilty of a misdemeanor. Subd. 3. Damage to, throwing missiles at buildings. Every person who shall in any manner wilfully damage any building or part thereof, throw any stone or other missile at or break any window therein or who shall aid, counsel, hire or procure any persons so to do shall be guilty of a misdemeanor. (1987 Code, § 603.04) 603.05 OFFENSES INVOLVING PUBLIC HEALTH AND SAFETY. Subd. 1. Committing or maintaining a public nuisance. Every person who shall commit or maintain a public nuisance for which no special punishment is prescribed or who shall wilfully omit or refuse to perform any legal duty relating to the removal of the nuisance; every person who shall let or permit to be used any building or portion thereof, knowing it is intended to be used for committing or maintaining any nuisance, shall be guilty of a misdemeanor. Subd. 2. Sale offlammable liquids. Every manufacturer or vendor who shall sell or cause to be sold, place or cause to be placed, any gasoline or benzine in quantities of more than one pint, in any receptacle except of a bright red color and tagged and labeled in large plain letters with the name of the contents; or who shall sell or cause to be sold, place or cause to be placed, kerosene or other illuminating oil in the same quantities except in a receptacle of red color shall be guilty of a misdemeanor. Subd. 3. Restrictions on the discharge of fireworks. a. The use, display, possession, discharge or sale of any fireworks not expressly permitted by M.S. § 624.20, Subd. 1(c) is strictly prohibited. • 603 -3 603.05 Shorewood - Public Safety 603.06 b. All use, display or discharge of those nonexplosive, nonaerial pyrotechnic entertainment devices only containing the limited amounts of pyrotechnic chemical compositions described in and permitted by M.S. § 624.20, Subd. 1(c), hereinafter "permitted consumer fireworks," is strictly prohibited in the area on, below, above or within or in close proximity to: (1) Recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks, rights of way, lakes, rivers, waterways and all other property owned or leased by the City of Shorewood, County of Hennepin, State of Minnesota or federal government and located in whole or in part within the city limits; (2) Private property within the city limits that has conspicuously posted a written sign or notice that no fireworks discharge is allowed; (3) Within 300 feet of any consumer fireworks retail sales facility or storage area that has properly posted a written sign or notice that no fireworks discharge is allowed; (4) Any property, area, structure or material that by its physical condition or the physical conditions in which it is set would constitute a fire or personal safety hazard. c. All other use, display or discharge of permitted consumer fireworks must be conducted in a manner that minimizes the risk of fire or injury to other persons or property. 0 (1987 Code, § 603.05) (Am. Ord. 387, passed 6 -10 -2002) 603.06 OFFENSES INVOLVING WEAPONS. Subd. 1. Weapons sales to minors. Every person who shall sell, give, loan or in any way furnish any firearm or ammunition to a minor under the age of 18 years without the written consent of his or her parents or guardian or of a police officer or magistrate shall be guilty of a misdemeanor. Subd. 2. Discharge of firearms. No person shall fire off, discharge or explode any gun, pistol or firearm within the limits of the city. This provision shall not apply to any duly constituted law enforcement officer in the discharge of his or her official duties, or to persons authorized by the South Lake Minnetonka Police Department for purposes of wildlife management. (1987 Code, § 603.06) (Ord. 5, passed 7 -17 -1956; Ord. 20, passed 9 -16 -1958; Ord. 430, passed 11 -13 -2006) 603 -4 2007S-2 is • CHAPTER 703 HUNTING AND TRAPPING ANIMALS Section 703.01 Purpose 703.02 Definitions 703.03 Prohibited acts 703.04 Exemptions from provisions 703.05 Violation 703.01 PURPOSE. It is the purpose of this chapter to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the maiming, unselective catching and destruction of wild animals and birds and domestic animals that come in contact with traps. (1987 Code, § 703.01) 703.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIREARM or WEAPON. Any gun, rifle, pistol, handgun, air -rifle, shotgun, airgun, BB gun, whether compressed air or spring - loaded, sling -shot or bow and arrow. HUNT or HUNTING. The pursuing, stalking, chasing, driving or tracking of birds or animals while in possession of a firearm or weapon. TRAP. Any mechanical device or snare which seeks to hold, capture or kill an animal. TRAPPING. The setting or laying or other use of a trap anywhere in the city. (1987 Code, § 703.02) (Ord. 100, passed 7 -10 -1978; Ord. 155, passed 1 -9 -1984) 703 -1 703.03 703.03 PROHIBITED ACTS. Shorewood - Animal Regulations The following are prohibited: Subd. 1. Trapping or hunting anywhere in the city; 703.05 Subd. 2. The sale of any trap within the city by any person or by any wholesale or rental establishment. (1987 Code, § 703.03) (Ord. 155, passed 1 -9 -1984) 703.04 EXEMPTIONS FROM PROVISIONS. The provisions of this chapter shall not apply to: Subd. 1. The sale or use of any trap specifically designed to kill rats, mice, gophers or moles; Subd. 2. The sale or use of cage -type live traps employed for the control of nuisance animals as long as the traps are tended each 12 hours. Subd. 3. Trapping and hunting performed by, or with authorization of the city under a permit issued by the state for the purpose of managing wildlife populations. (1987 Code, § 703.04) (Ord. 430, passed 11 -13 -2006) 703.05 VIOLATION. Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (1987 Code, § 703.05) (Ord. 100, passed 7 -10 -1978) • • • 703 -2 2007S-2 • TITLE 1000 BUILDING REGULATIONS Subject Chapter Building Code 1001 Moving of Buildings 1002 Excavation or Storage of Rock, Sand and Gravel 1003 Rental Housing Code 1004 Outdoor Wood- Burning Furnaces 1005 • 1000 -1 2007S-2 Shorewood - Building Regulations • • 1000 -2 9 • CHAPTER 1005 OUTDOOR WOOD - BURNING FURNACES Section 1005.01 Purpose 1005.02 Definitions 1005.03 Permit required 1005.04 Minimum standards 1005.05 Existing furnaces 1005.06 Penalties 1005.01 PURPOSE. It is generally recognized the types of fuel used, and the scale and duration of burning by outdoor wood - burning furnaces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. The purpose of this chapter is to establish and impose restrictions upon the construction, installation and operation of outdoor wood - burning furnaces within the city limits of Shorewood for the purpose of securing and promoting the public health, safety and general welfare of the city and its inhabitants. (Ord. 429, passed 1 -22 -2007) 1005.02 DEFINITIONS. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. OUTDOOR WOOD - BURNING FURNACE. Any contrivance, apparatus, or any part thereof, that is installed, affixed or situated out -of -doors for the primary purpose of the combustion of wood, from which heat or energy is derived and intended to be directed there from by conduit or other mechanism into any interior space for the supply of heat or energy. (Ord. 429, passed 1 -22 -2007) 1005 -1 2007S-2 1005.03 Shorewood - Building Regulations 1005.04 1005.03 PERMIT REQUIRED. 9 No person shall construct, install, use or operate an outdoor wood - burning furnace in Shorewood without first having obtained a building permit from the Shorewood Building Official. (Ord. 429, passed 1 -22 -2007) 1005.04 MINIMUM STANDARDS. Subd. 1. Installation. All outdoor wood - burning furnaces shall have an approved listing by Underwriter's Laboratories (UL), shall be installed according to the manufacturer's installation instructions, and shall comply with emission standards promulgated by the United States Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA). Subd. 2. Minimum lot size. No outdoor wood - burning furnace shall be located on property smaller than three acres in land area. Subd. 3. Minimum setback. Outdoor wood - burning furnaces shall be located at least 200 feet from any property line. 0 Subd. 4. Chimney height. The outdoor wood - burning furnace shall have a chimney that extends at least 20 feet above the surface of the ground and two feet above the ridgeline of any dwelling within 500 feet of the furnace. In no case shall the chimney be higher than 40 feet. The chimney shall be constructed and supported so as to withstand high wind speeds. Subd. 5. Months of operation. No outdoor wood - burning furnace shall be operated during the time period May 16 through October 14. Subd. 6. Survey requirement. To obtain a building permit for an outdoor wood - burning furnace, the owner must provide a survey, prepared by a registered land surveyor, showing the location and ridgeline heights of all buildings within 500 feet of the proposed location of the furnace. (Ord. 429, passed 1 -22 -2007) • 1005 -2 2007S-2 1005.05 Outdoor Wood Burning Furnaces 1005.06 9 1005.05 EXISTING FURNACES. Outdoor wood - burning furnaces that were legally installed prior to the adoption of this chapter shall comply at minimum with the installation requirements set forth in § 1005.04, Subd. 1 of this code and the months of operation standard set forth in § 1005.04, Subd. 5 of this code. No existing outdoor wood - burning furnace may be enlarged or extended. (Ord. 429, passed 1 -22 -2007) 1005.06 PENALTIES. Failure to comply with any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense (Ord. 429, passed 1 -22 -2007) • • 1005 -3 2007S-2 Shorewood - Building Regulations s U 1005 -4 • CHAPTER 1201 ZONING REGULATIONS C • 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 -1B, Single - Family Residential District 1201.12 R -1C, Single - Family Residential District 1201.13 R -ID, Single - Family Residential District 1201.14 R -2A, Single and Two - Family Residential District 1201.15 R -2B, 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 -3B, Multiple - Family Residential District 1201.19 R -C, Residential /Commercial District 1201.20 Reserved for future use 1201.21 Reserved for future use 1201.22 C -1, General Commercial District 1201.23 C -2, 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 2007 S -2 Repl. 1201.01 Shorewood - Zoning and Subdivision Regulations 1201.01 Subd. 2. Intent and purpose. The intent of this chapter is to protect the public health, safety and 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. 1201 -2 1201.02 Zoning Regulations 1201.02 • CONDOMINIUM. A multiple dwelling containing individually -owned dwelling units and jointly - owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended. CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on and off the premises. COOPERATIVE (HOUSING). A multiple - family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services. DECK. A flat- floored roofless platform adjoining a dwelling, used primarily for recreation. . DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished. DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream. DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a lake, whether floating or not, including all "Ls ", "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure, and which connects to the shoreline at only one location, no wider than four feet. DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic. DRAINING. The removal of surface water or ground water from land. 0 DREDGING. To enlarge or clean out a water body, watercourse or wetland. 1201 -7 2007 S -2 Repl. 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 DRIVE -IN FACILITY. A facility that accommodates the patron's automobile from which the • occupants may receive a service or in which products purchased from the establishment may be consumed. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one - family, two - family and multiple - family dwellings, but not including hotels, motels and boarding houses. DWELLING - MULTIPLE - FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. (See APARTMENT.) DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall. b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO- FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. 0 a. DOUBLE BUNGALOW. A two - family dwelling with two units side by side. b. DUPLEX. A two - family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles. EARTH SHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that: a. 80% or more of the roof area is covered with a minimum depth of 12 inches of earth; and b. 50% or more of the wall area is covered with a minimum depth of 12 inches of earth. EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove. 0 1201 -8 1201.02 Zoning Regulations 1201.02 ELDERLY HOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62 years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act. ENGINEER. A registered professional engineer licensed by the State of Minnesota. • 0 1201 -8A 2007S-2 Shorewood - Zoning and Subdivision Regulations • • • 1201 -8B 1201.02 Zoning Regulations 1201.02 SIGN. The use of any 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 sign 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 two inches or less 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 2007S-2 1201.02 Zoning Regulations 1201.02 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. TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications 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 monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities. 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 area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for 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 thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter. VARIANCE. The waiving by official action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of physical 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. 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; 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; Ord. 373 -a, passed 7 -23 -2001; Ord. 389, passed 8 -12 -2002; Ord. 419, passed 1 -23 -2006; Ord. 431, passed 11 -27 -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 1201 -22 2007S-2 1201.03 Zoning Regulations 1201.03 • (d) The property owner shall provide the cash escrow or letter of credit referenced in (c) above at the time a building permit is issued for the new dwelling. The new dwelling shall not be occupied until a certificate of occupancy has been issued. (5) On a through lot both street lines shall be front lot lines for applying the yard and parking regulations of this chapter. d. Accessory buildings, uses and equipment. (1) An accessory structure shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. (2) Accessory structures shall not exceed 15 feet or one story in height. (3) Accessory buildings and structures shall be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as provided in subdivision 3c of this section. (4) For single - family and two - family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1,200 square feet in area in the R -1A, R -1B, R -1C, R -2A, R -213 and R -3A Districts, or 1,000 square feet in area in the R -1 D, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: (a) The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions: (i) The lot on which the greenhouse is to be located shall contain a minimum of 80,000 square feet of area. In no case shall the lot area be reduced to less than 80,000 square feet in area; (ii) Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located; (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council; 1201 -27 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (iv) In no case shall the total area of accessory buildings exceed 7 % of the minimum lot area for the district in which the property is located. (b) In no case shall the total area of accessory buildings exceed 10% of the minimum lot area for the district in which the property is located. (c) In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site drainage and landscaping. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (e) As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this code. Under very special circumstances, a nonconforming accessory structure may be allowed to remain nonconforming provided that: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural 1201 -28 2007 S -3 Repl. 1201.03 Zoning Regulations 1201.03 • value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property. (5) Subject to the provisions of subdivision (4) above, 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 hereof shall be so located on the lot so that at least a two car garage, either attached or detached, can be located on the lot. (6) No accessory uses or equipment such as air conditioning cooling structures or condensors which generate noise may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view. e. Drainage plans. (1) In the case of all multiple - family and nonresidential developments, detailed grading and drainage plans shall be submitted to the City Engineer for his or her review and the final drainage plan shall be subject to his or her written approval. (2) In the case of single- family lots where no drainage plan has been approved by the city, the Building Official shall determine the need for a drainage plan. In any case where the first floor of the structure is lower than the elevation of the street or where the lowest level of the structure is below the elevation of the sanitary sewer, detailed grading and drainage plans shall be submitted to the City Engineer for his or her review and approval. 1201 -28A 2007 S -2 Repl. Shorewood - Zoning and Subdivision Regulations • • • 1201 -28B • 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 -lA 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: 11 (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 -1), 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; • (c) Measures for the treatment of storm water runoff and /or prevention of storm water from directly entering a public water 1201 -41 2007S-2 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 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 -1) 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; 0 1201 -42 2007S-2 1201.03 Zoning Regulations 1201.03 (a) Any sign which 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, except for time and temperature information. 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 2007S-2 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) No portion of any sign shall be located within five feet of any property 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. 0 1201 -64 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. Subject to other conditions of this chapter, the following signs shall be allowed in the R -C District: (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. 1201 -67 2007 S -2 Repl. 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 C -1 and C -2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C -1 and C -2 Districts. (3) (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). (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. 0 (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 9 2007 S -2 Repl. 1201.03 Zoning Regulations 1201.03 (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The home occupation may include any of the following: stock- in- trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. e. Nonconforming use. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. Subd. 13. Flood plain development. Any development of land located within the flood plain, as defined in § 1201.02, shall comply with the provisions of the Shorewood Flood Plain Ordinance (No. 109, Chapter 1101), as may be amended. Subd. 14. Regulations applicable to shoreline property. a. No structure of any kind except docks, stairways and lifts shall be built within the required setback from the ordinary high water level of a meandered lake, as provided in § 1201.26, subdivision 5 of this code. b. Docks and wharves, permanent or floating, shall not be built, used or occupied on land located within the R Districts until a principal dwelling has been constructed on the lot or parcel. C. The number of docks per lot or parcel of land in the R Districts shall be limited to one, and the same shall be operated , used and maintained solely for the use of the members of the family or families occupying the property upon which the dock is located. The dock shall connect to the shoreline at only one location, no wider than four feet, and shall extend into the lake at least eight feet beyond the ordinary high -water mark before branching out to form slips. The width of the 1201 -73 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 dock shall not exceed four feet at any point, except that at one location the dock may be no wider than eight feet for a length of eight feet. The number of restricted watercraft, as defined by the Lake Minnetonka Conservation District (LMCD) that may be docked or moored on a single property is limited to four. The dock owner may exceed four restricted watercraft only by obtaining an annual multiple dock/mooring license from the LMCD and a conditional use permit from the city, which permit shall be subject to the following conditions: (1) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that all boats stored at the dock are owned, registered and operated by the residents of the property on which the dock is located. (2) As part of the annual LMCD license review, the owner of the dock must demonstrate to the city that the dock is the minimum size necessary to store the boats owned, registered and operated by the residents of the subject property. (3) Boat canopies shall be limited to the size and number that is required to cover no more than four of the restricted watercraft. 0 (4) The provisions of § 1201.04, subdivision l.d.(1) are considered and satisfactorily met. d. No boat, barge, boathouse or other floating vessel or structure tied or connected to a dock or wharf located within the city limits shall be used as a permanent, temporary or seasonal residence. e. No dock or wharf, permanent or floating structure shall be located or constructed within ten feet of the side lot line of any lot or parcel projected into the lake. f. No dock located within the R Districts shall extend further into the water than reasonably necessary to provide docking space for boats and crafts used by the owner of the dock, and under no circumstance shall a dock create a safety or navigational hazard or block any channel or access to the lake from adjoining lots or parcels. g. Unless specified otherwise in the city zoning code, all docks on all lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances. • 1201 -74 2007S-2 1201.03 Zoning Regulations 1201.03 40 h. Seaplane operations shall be subject to Minn. Rules 8800.2800 (Seven -County Metropolitan Region Seaplane Operations), as may be amended, which are adopted herein by reference. Subd. 15. Wetland development. Any development of land located within wetland areas, as designated on the Shorewood Wetlands Map, shall comply with the provisions of the Shorewood Wetlands Ordinance (No. 70, Chapter 1102 of the City Code), as may be amended. Subd. 16. Subdivision of two-family or quadraminium lots. The subdivision of base lots containing two - family dwellings or quadraminiums to permit individual private ownership of a single dwelling within the structure is acceptable upon the approval by the City Council. Approval of a subdivision request is contingent on the following requirements. a. Prior to a two - family dwelling or a quadraminium subdivision, the base lot must meet all the requirements of the zoning district. b. There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two - family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. c. Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements. d. A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his or her review and subject to approval. The agreement shall insure the maintenance and upkeep of the structure and the lots to meet minimum city standards. The agreement is to be filed with the Hennepin County Recorder's office as a deed restriction against the title of each unit lot. e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. • 1201 -74A 2007S-2 Shorewood - Zoning and Subdivision Regulations • • • 1201 -74B 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; Ord. 371, passed 5 -29 -2001; Ord. 374, passed 12 -10 -2001; Ord. 375, passed 12 -10 -2001; Ord. 379, passed 2 -11 -2002; Ord. 392, passed 1 -27 -2003; Ord. 396, passed 7 -28 -2003; Ord. 410, passed 12 -13- 2004; Ord. 413, passed 2 -28 -2005; Ord. 419, passed 1 -23 -2006; Ord. 420, passed 2 -13 -2006; Ord. 427, passed 7 -24 -2006; Ord. 431, passed 11 -27 -2006; Am. Ord. 433, passed 1 -22 -2007) 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 500 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 2007 S -2 Repl. 1201.04 Zoning Regulations 1201.04 • or its rejection, including what information is missing. This rejection shall be sent by first -class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision. (2) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court. c. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten working days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. Planning Commission action. The Planning Commission shall conduct the public hearing, at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request. (1) The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; (b) The proposed use is or will be compatible with present and future land uses of the area; (c) The proposed use will not tend to or actually depreciate the area in which it is proposed; • (d) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; 1201 -87 2007 S -2 Repl. 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.04 (2) Upon consent of the City Council, the Planning Commission and city staff is shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. (3) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council within 60 days of the opening of the public hearing. e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the City Council. f. City Council action. Upon receiving the request and any report and recommendation of the Planning Commission and the city staff, the City Council i shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. (1) Approval of a request for a zoning district amendment, where the classification of a property will change from residential to commercial, shall require passage by a four -fifths vote of the full City Council. Requests for all other zoning district amendments, text amendments and conditional use permits shall require a simple majority vote of the full City Council. (2) In the case of a conditional use permit, the Council may impose any condition it considers necessary to protect the public health, safety and welfare. (3) In the case of an amendment, the amendment shall not become effective until the time as the City Council approves an ordinance reflecting the amendment and after the ordinance is published in the official newspaper. (4) Whenever an application for an amendment or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; a 1201 -88 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 -3B, Multiple - Family Residential. (10) R -C, Residential /Commercial. 1201 -99 1201.09 Shorewood - Zoning and Subdivision Regulations 1201.09 b. Commercial Districts. 0 (1) C -1 General Commercial. (2) C -2, Service Commercial. C. Special Districts. (1) L -R, Lakeshore Recreational. (2) PUD, Planned Unit Development. (3) S, Shoreland. 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 0 2007 S -2 Repl. 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; Ord. 368, passed 11 -27 -2000; Ord. 388, passed 7 -8 -2002; Ord. 415, passed 4 -25 -2005; Ord. 423, passed 7 -24 -2006; Ord. 424, passed 7 -24 -2006; Ord. 425, passed 7 -24 -2006; Ord. 426, passed 7 -24 -2006) 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 2007S-2 1201.10 Shorewood - Zoning and Subdivision Regulations 1201.10 f. Noncommercial greenhouses and conservatories; 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; L 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. 1.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 . 1201.19 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. h. 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.; (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; 1201 -121 2007S-2 1201.19 Shorewood - Zoning and Subdivision Regulations 1201.19 (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; (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. l.d.(1) are 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: 1201 -122 2007S-2 1201.19 Zoning Regulations (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; 1201.19 (2) Rear yard: not less than 40 feet; (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; 0 (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: 1201 -123 2007S-2 1201.19 Shorewood - Zoning and Subdivision Regulations 1201.22 (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. (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; Ord. 397, passed 8 -25 -2003; Ord. 403, passed 5 -24 -2004; Ord. 422, passed 7 -24 -2006) 1201.20 RESERVED FOR FUTURE USE. 1201.21 RESERVED FOR FUTURE USE. 1201.22 C -1, GENERAL COMMERCIAL DISTRICT. Subd. 1. Purpose. The purpose of the C -1, General Commercial District is to provide for low to moderately intense retail or service outlets that deal directly with the customer to whom 1201 -124 2007S-2 1201.22 Zoning Regulations 1201.22 the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas that are well served by collector or arterial street facilities. Subd. 2. Permitted uses. The following are permitted uses in a C -1 District: a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses: (1) Amusement places (such as dance halls or roller rinks) and commercial recreation; • (2) Antique, resale or gift shop; (3) Apparel sales; (4) Art and school supplies and picture framing; (5) Art gallery and sales; (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) Barber shops; (10) Beauty parlors; (11) Bicycle sales and repair; (12) Books, office supplies or stationery stores; (13) Bowling alleys; (14) Camera and photographic supplies; (15) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; (16) Catering establishments; 1201 -125 2007S-2 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 (17) Coffee houses; (18) Coin and philatelic stores; (19) Commercial tutoring and learning centers; (20) Computer and business machine sales or service stores; (21) Convenience grocery stores (not supermarket type and without motor fuel); (22) Copy service, printing service and newspaper offices; (23) Day spas; (24) Delicatessen; (25) Department and discount stores; (26) Drugstore; (27) Dry cleaning, including plant accessory thereto, pressing and repairing; (28) Electrical home appliance stores, including incidental repair and assembly but not fabricating or manufacturing; (29) Employment agencies; (30) Enclosed boat and marine sales; (31) Essential services; (32) Floor covering stores; (33) Florist shop; (34) Furniture stores; (35) Garden supply stores; (36) Gift or novelty stores; (37) Government and public utility buildings; is 1201 -126 2007S-2 1201.22 Zoning Regulations 1201.22 (38) Grocery store, supermarket (but not including sales from moveable, motorized vehicles); (39) Hardware; (40) Hobby and craft store; (41) Home entertainment and electronics sales; (42) Insurance sales; (43) Interior decorating studios; (44) Jewelry stores; (45) Laundromat, self- service washing and drying; (46) Leather goods and luggage stores; (47) Liquor, on and off sale; (48) Locksmiths; (49) Massage therapy services, licensed pursuant to Chapter 311 of this code; (50) Meat market, but not including processing for a locker plant; (51) Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit; (52) Motor vehicle and recreational equipment sales and structures; (53) Offices - commercial and professional, including chiropractic, medical, dental and laboratories accessory thereto; (54) (55) (56) (57) • (58) Optical stores and laboratories accessory thereto; Paint and wallpaper sales; Pest control services; Pet sales, supplies and grooming; Photography studios; 1201 -127 2007S-2 1201.22 2007S-2 0 c Shorewood - Zoning and Subdivision Regulations 1201.22 (59) Plumbing, heating, ventilation and air conditioning, electrical sales, and the repair thereof as an accessory use to the retail establishment permitted within this district, but not including fabricating or manufacturing; (60) Private clubs or lodges serving food and beverages; (61) Public utility collection offices; (62) Real estate sales; (63) Record - music shops; (64) Recreation - personal fitness; (65) Restaurants and cafes, not including drive -in facilities; (66) Shoe stores and shoe repair; (67) Sporting goods sales; (68) Tailor shops; (69) Tanning salons; (70) Theatres, not of the outdoor drive -in type; (71) Tobacco Shops; (72) Toy stores; (73) Travel bureaus, transportation ticket offices; (74) Veterinary clinic with indoor overnight care and indoor kennels; (75) Electronic media rental and sales; Commercial parking garages, ramps and lots for passenger vehicles 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; Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of the city code, as may be amended; 1201 -128 1201.22 Zoning Regulations 1201.22 d. Uses similar to those enumerated in a. above, but not included in the listing, shall be subject to review and recommendation by the Planning Commission and approval by the City Council. It is the responsibility of the applicant to demonstrate that a particular use is consistent with the uses listed above, including, but not limited to, traffic, hours of operation, noise, signage and the market intended to be served. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a C -1 District: a. Arcade games; b. Commercial or business buildings and structures for a use accessory to the principal use, but the accessory use shall not exceed 30 % of the gross floor space of the principal use; C. Off - street parking as regulated by § 1201.03 Subd. 5. of this Code; d. Off - street loading as regulated by § 1201.03 Subd. 6. of this Code; e. Semi truck parking; f. Signs as regulated by § 1201.03 Subd. 11. of this Code. Subd. 4. Conditional uses. The following are conditional uses allowed in a C -1 District: (Requires a conditional use permit based on procedures set forth in and regulated by § 1201.04.): a. Convenience store or grocery store with motor fuel sales (no vehicle service or repair), provided that: (1) Retail sales shall be limited to those allowed in this district (C -1); (2) Take out food: Convenience /deli food is of the take -out type only and no provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted to such activity, use and merchandise shall not exceed 20% of the gross floor area; (3) Litter control: The operation shall be responsible for litter control within 500 feet of the property line on a daily basis. (4) Any outdoor sales, display or storage shall be subject to a separate conditional use permit, as provided for in this section; • (5) Hours of operation: The hours of operation shall be limited to between 6:00 A.M. and midnight unless extended by the City Council; 1201 -129 2007S-2 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 L (6) Motor fuel facilities shall be subject to a separate conditional use permit as provided for in this section; (7) For facilities constructed after July 21, 2006, the architecture of the proposed buildings shall have a residential character. Specifically, roofs, including accessory canopies, shall have a minimum pitch of 4:12 (four feet vertical per twelve feet horizontal); (8) For facilities constructed prior to July 21, 2006, if the principal structure has a flat roof, an accessory canopy may also have a flat roof. Drive -in facility or convenience food establishment, provided that: (1) The architectural appearance and functional plan of the building and site shall not be out of character with 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. (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; 1201 -130 2007S-2 1201.22 Zoning Regulations 1201.22 (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.; (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 out of character with 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) 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 shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.; (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.; 1201 -131 2007S-2 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 9 (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; (12) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; Motor fuel sales, 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 out of character with 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; (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 shall be installed, subject to the approval of the City Engineer; (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; • 1201 -132 2007S-2 1201.22 Zoning Regulations 1201.22 (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.f., below; (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; (15) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; e. 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; f. Open and outdoor storage as an accessory use, provided that: 1201 -133 2007S-2 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 g (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; (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; (6) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; 1201 -134 2007S-2 • 1201.22 Zoning Regulations 1201.22 h. 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.; (5) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily met; • i. Daycare facilities, as defined in § 1201.02, Subd. 4., 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; (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. The number of parking spaces required for a daycare facility shall be one space for each four persons of licensed capacity; 1201 -135 2007S-2 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 J (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, Subd. l.d.(1) of the this code must be considered and satisfactorily met; 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.; (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. in. 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; 0 1201 -136 2007S-2 1201.22 Zoning Regulations 1201.22 (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; (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. l.d.(1) are considered and satisfactorily met; k. 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 or conditional uses in this section; (2) The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25 of this chapter. (Ord. 426, passed 7 -24 -2006) U 1201 -136A 2007S-2 1201.23 Shorewood - Zoning and Subdivision Regulations 1201.23 C -2, COMMERCIAL SERVICE DISTRICT. 1201.23 Subd. 1. Purpose. The C -2 District is intended to recognize areas containing preexisting businesses that provide services primarily for the community and surrounding area. It is further intended that the location of the C -2 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 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 (w ithout 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. Signs as regulated by § 1201.03, Subd. 11. 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 2007 S -2 Repl. 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; 1201 -136B • 0 • • 1201.23 Zoning Regulations 1201.23 (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 -136C 2007S-2 Shorewood - Zoning and Subdivision Regulations • • • 1201 -136D 1201.23 Zoning Regulations 1201.23 (6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use; (7) Outdoor storage does not take up parking space as required for conformity to this chapter; (8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended; (9) Any use of the lake shall be approved by the Lake Minnetonka Conservation District; (10) The use of the property shall be approved by the Commissioner of the Department of Natural Resources; (11) No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading, drainage and erosion control plans shall be approved by the City Engineer; (12) Any handling or storage of flammable liquids shall be subject to the approval of the local Fire Marshal. Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C -2 District subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: 20,000 sq. ft.; b. Lot width: 100 feet; C. Lot depth: 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 20 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). 2007 S -2 Repl. 1201 -139 1201.23 Shorewood - Zoning and Subdivision Regulations 1201.24 Subd. 6. Building requirements. Height: no principal structure shall exceed two stories, or 25 feet, whichever is least. No accessory structure shall exceed one story, or 15 feet, whichever is least. (1987 Code, § 1201.23) (Ord. 180, passed 5 -19 -1986; Ord. 189, passed 11 -24 -1986; Ord. 192, passed 11 -24 -1986; Ord. 208, passed 4 -11 -1988; Ord. 214, passed 5 -22 -1989; Ord. 242, passed 8 -26 -1991; Am. Ord. 426, passed 7 -24 -2006) 1201.24 L -R, LAKESHORE RECREATIONAL DISTRICT. Subd. 1. Purpose. This District is intended to recognize the desirability for areas to serve the Lakeshore recreational needs of the city which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this city and the providing of an opportunity for access to that facility is, in the opinion of the city, an adjunct of zoning by the city. Recognizing the primary residential nature of Shorewood, it behooves the city to subject the possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of the land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites. Subd. 2. Permitted uses. The following are permitted uses in the L -R District as regulated herein with special limitation requirements and conditions attached as provided in subdivision 8 below. At docks attached to land, including limited related service facilities as hereinafter authorized, subject to an annual operating license which shall be issued only in accordance with the following standards and limitations. Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a L -R District: a. Off - street parking as regulated by § 1201.03, Subd. 5 and by § 1201.24, Subd. 8h of this section; b. One clubhouse building, not exceeding 2000 square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine -line equipment, soft drinks, prepackaged foods, shower and meeting rooms; C. One storage building, not exceeding 1200 square feet of floor area; • • d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and other applicable agencies and if authorized by the City Council. Sale of gasoline 1201 -140 2007 S -2 Repl. 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • • LJ 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. Stormwater Management Utility 905.03 $10.59 /qtr: lots less than 10,000 sq. ft. $15.12 /qtr: lots 10,000 - 50,000 sq. ft. $19.68 qtr: 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 1 1 $15 1301 -5 2007S-2 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Mailed minutes (nonresident) $75.00 annual $.25 /page /individual Mailed agendas $35 annual $.25 /page /individual 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) $8 Election filing fee $2 1301 -6 • • • 2007S-2 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 C is • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference 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 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 1301 -7 2007S-2 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference 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 Fee $50 Damage deposit, all buildings $25 Manor /Badger $100 Eddy Station Picnic Pavilions Resident Base Fee $25 Manor /Freeman $50 Eddy Station Pavilions VI. Building, Zoning, Land Use Zoning /amendments 1201.04.1 a $600 Conditional use permit 1201.04.1 a $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 • • • 1301 -8 2007S-2 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 Subdivision (final plat) 1202.03.1a(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. 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 1301 -9 2007S-2 1301.02 Shorewood - Municipal Fees 1301.02 Removal or abandonment, U.F.C. $35 first tank plus $20 each underground tanks additional Demolition permit S.B.C. $50* Sign permit application fee 1201.03.11f $20 Approved sign Per 1997 U.B.C. Table 1 -A permit fee Fence permit 1201.03.2f $20 Grading /filling permit S.B.C. Per 1997 U.B.C. Table A -33 -A and A -33 -B Home occupation permit 1201.03.12c $200 (special) Underground irrigation 901.02.2d $20 system permit R. O. W. Encroachment 901.02.2b $40 permit R.O.W. or easement $300 vacation request * 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; Ord. 369, passed 2 -12 -2001; Ord. 370, passed 2- 26- 2001;Ord. 412, passed 2 -28 -2005; Ord. 416, passed 7 -25 -2005; Ord. 432, passed 12 -11 -2006) 1301 -10 • • • 2007 S -2 Repl. References to 1987 Code of Ordinances • 19 2006S-1 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 • 19 2006S-1 Shorewood - Parallel References • 20 2007S-2 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 1201.23 1201.23 1201.24 1201.24 1201.25 1201.25 1201.26 1201.26 1301.01 1301.01 1301.02 1301.02 • 20 2007S-2 • REFERENCES TO ORDINANCES 21 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 • 96 100 9 -12 -1977 7 702.10 703.02, 703.05 -10 -1978 21 Shorewood - Parallel References • 22 2007S-2 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, 1201.23- 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 1201.23 192 11 -22 -1986 1201.23 • 22 2007S-2 References to Ordinances 23 2007S-2 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, 1201.10, 1201.11, 1201.19, 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, 1201.23 243 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 1201.03 904.18 271 3 -10 -1993 23 2007S-2 Shorewood - Parallel References Ord. No. Date Passed Code Section 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 403.11 328 12 -15 -1997 402.14, 1301.02 • 24 2007S-2 References to Ordinances 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, 308.04 343 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 1201.02 373 -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 2007S-2 Shorewood - Parallel References Ord. No. Date Passed Code Section 0 382 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 1201.09 416 7 -25 -2005 1301.02 419 1 -23 -2006 1201 -.02, 1201.03 420 2 -13 -2006 1201.03, 1201.26 422 7 -24 -2006 1201.19 423 7 -24 -2006 1201.09 424 7 -24 -2006 1201.09 425 7 -24 -2006 1201.09 426 427 7 -24 -2006 7 -24 -2006 1201.09, 1201.22, 1201.23 1201.03 i 428 8 -14 -2006 Adopting Ordinance M 2007 S -2 Repl. References to Ordinances • Ord. No. Date Passed 429 1 -22 -2007 430 11 -13 -2006 431 11 -27 -2006 432 12 -11 -2006 433 1 -22 -2007 • .J 27 Code Section 1005.01 - 1005.06 603.06, 703.04 1201.02, 1201.03 1301.02 1201.03 2007 S -2 Repl. Shorewood - Parallel References • • ON 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 Outdoor wood - burning furnaces Definitions, 1005.02 Existing furnaces, 1005.05 Minimum standards, 1005.04 Penalties, 1005.06 Permit required, 1005.03 Purpose, 1005.01 5 2007S-2 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, 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 2007S-2 Index LIQUOR REGULATIONS (Cont'd) Intoxicating liquor (Cont'd) License fees, 403.06 License required, 403.02 License violation administrative penalties, 403.14 Prohibited acts and conditions, 403.11 Restrictions on license, 403.04 State statutes adopted, 403.01 Suspension or revocation of license, 403.12 Term of license, 403.09 Violation, 403.13 Municipal liquor store Additional provisions, 401.07 Definitions, 401.01 Employees, 401.05 Enforcement, 401.08 License violation administrative penalties, 401.09 Liquor store revenue, 401.06 Location, 401.04 Municipal Liquor Store established, 401.02 State statutes adopted, 401.03 MASSAGE LICENSING (See THERAPEUTIC MASSAGE LICENSING) MAYOR AND CITY COUNCIL, 105.05 MISDEMEANOR OFFENSES (See OFFENSES; MISDEMEANOR) MOVING OF BUILDINGS (See BUILDING REGULATIONS) MULTIPLE - FAMILY RESIDENTIAL DISTRICT, 1201.17, 1201.18 MUNICIPAL LIQUOR STORE (See LIQUOR REGULATIONS) NUISANCES Abatement, 501.08 Definitions, 501.02 Enforcement, 501.07 Public Nuisances Affecting Peace and Safety, 501.05 Public Nuisances Within Harbor Limits, 501.06 Public Nuisances Affecting Health, 501.04 • 13 2007S-2 Shorewood - Index NUISANCES (Cont'd) Public Nuisances Prohibited, 501.03 Purpose, 501.01 Violation, 501.09 OFFENSES; MISDEMEANOR Citations for misdemeanor violations, 603.10 Conspiracy to commit an offense, 603.02 Cruelty to animals, 603.08 Misdemeanor offenses generally, 603.01 Offenses involving public health and safety, 603.05 Offenses involving public officials, 603.07 Offenses involving property, 603.04 Offenses involving the person, 603.03 Offenses involving weapons, 603.06 Violation, 603.09 OFFICERS AND EMPLOYEES (See CITY OFFICERS AND EMPLOYEES) OFFICIAL CITY CODE (See CODE OF ORDINANCES) OPEN BURNING Burning ban or air quality alert, 608.10 Definitions, 608.02 Denial of permit, 608.09 Permit application and fees, 608.05 Permit holder responsibility, 608.07 Permit process , 608.06 Permit required , 608.04 Prohibited materials, 608.03 Purpose, 608.01 Revocation of permit, 608.08 Rules and laws adopted by reference, 608.11 OUTDOOR WOOD- BURNING FURNACES (See BUILDING REGULATIONS) P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT, 1201.25' PARK COMMISSION Commission created, membership, term of office, 202.02 Organization, 202.03 Powers and duties, 202.04 Purpose, 202.01 14 2007S-2 Index 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 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 is 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, General Commercial District, 1201.22 C -2, 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 -lA, Single - Family Residential District, 1201.10 RAB, Single - Family Residential District, 1201.11 • 22 2007 S -2 Repl.