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American Legal Supplement 05 - 2010
• SHOREWOOD, MINNESOTA Instruction Sheet 2010 S -5 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE -- 9, 10 TITLE 100: ADMINISTRATION 103 -1 through 104 -2 103 -1 through 104 -6 TITLE 500: PUBLIC HEALTH 503 -5, 503 -6 503 -5, 503 -6 TITLE 900: PUBLIC RIGHT -OF -WAY AND PROPERTY 903 -7 through 903 -10 903 -7 through 903 -10 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -15, 1201 -16 1201 -15, 1201 -16 1201 -21, 1201 -22 1201 -21, 1201 -22 1201 -51 through 1201 -54 1201 -51 through 1201 -54B 1201 -63, 1201 -64 1201 -63 through 1201 -64B 1201 - 85,1201 -86 1201 - 85,1201 -86 TITLE 1300: MUNICIPAL FEES 1301 -1, 1301 -2 1301 -1 through 1301 -213 1301 -5 through 1301 -8 1301 -5 through 1301 -8 1301 -11, 1301 -12 1301 - 11,1301 -12 5,6 27,28 . 7,8 memf 04/10 PARALLEL REFERENCES 5,6 27,28 INDEX • • CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2010 S -5 Supplement contains: Local legislation current through Ord. 464, passed 2 -22 -2010 AMERICAN LEGAL PUBLISHING CORPORATION • 432 Walnut Street Cincinnati, Ohio 45202 -3909 (800) 445 -5588 • COPYRIGHT © 2010 AMERICAN LEGAL PUBLISHING CORPORATION • CITY OF SHOREWOOD ORDINANCE NO. 460 AN ORDINANCE ENACTING AND ADOPTING THE 2009 S -4 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fourth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 456 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1 . That the fourth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2 . This ordinance adopting the 2009 S -4 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 27th day of July, 2009. Christine Lizee /s/ Christine Lizee, Mayor 0 ATTEST: Brian Heck /s/ Brian Heck, City Administrator /Clerk 9 2010 S -5 Shorewood - Adopting Ordinance • • 10 • CHAPTER 103 DEFINITIONS Section 103.01 General rule 103.02 Definitions 103.01 GENERAL RULE. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. 0 103.02 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of Shorewood, Minnesota. The term CITY when used in this code may also be used to refer to the City Council and its authorized representatives. CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision, and adoption of new titles, chapters, or sections. CODE COMPLIANCE OFFICER. Any officer of the South Lake Minnetonka Police Department, any employee of the City of Shorewood, or any person or company contracted to provide code - enforcement services who has authority to enforce the Shorewood City Code. There may be more than one person designated as CODE COMPLIANCE OFFICER at any given time. CODE OFFENSE. A violation of any section, subdivision, paragraph or provision of the Shorewood City Code that is subject to a civil penalty. Each day the violation exists constitutes a separate CODE OFFENSE. • 103 -1 2010 S -5 103.02 Shorewood - Administration 103.02 COUNTY. Hennepin County. MAY. The act referred to is permissive. MONTH. A calendar month. OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. All terms shall mean a pledge taken by the person and administered by an individual authorized by state law. OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this city unless the context clearly requires otherwise. OWNER. An individual, association, syndicate, partnership, corporation, limited liability company, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property. • PERSON. Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof. PRECEDING or FOLLOWING. Next before or next after, respectively. SHALL. The act referred to is mandatory. SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write. STATE. The State of Minnesota. SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters. WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise. YEAR. A calendar year, unless otherwise expressed. • 103 -2 • CHAPTER 104 GENERAL PENALTY AND ENFORCEMENT Section 104.01 General penalty 104.02 Enforcement 104.03 Administrative enforcement of code regulations 104.01 GENERAL PENALTY. Subd. 1. Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this code, • including Minnesota Statutes specifically adopted by reference. Subd. 2. Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300. Subd. 3. In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Subd. 4. The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. 104.02 ENFORCEMENT. Subd. 1. Any Licensed Peace Officer of the city's Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code. • 104 -1 2010 S -5 104.02 Shorewood - Administration 104.02 Subd. 2. As permitted by M.S. § 626.862, as it may be amended from time to time, the City Administrator /Clerk shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code have the authority to administer and enforce the provisions specified. All and any person or persons designated by the City Administrator /Clerk may issue a citation in lieu of arrest or continued detention to enforce any provision of the code. Subd. 3. The City Administrator /Clerk and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code. Subd. 4. If the licensee, owner, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the City Administrator /Clerk, Peace Officer, or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property. Subd. 5. Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Administrator /Clerk or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Administrator /Clerk to object to the termination before it occurs, subject to appeal of the City Administrator /Clerk's decision to the City Council at a regularly scheduled or special meeting. Subd. 6. Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare. 0 104 -2 104.03 General Penalty and Enforcement 104.03 0 104.03 ADMINISTRATIVE ENFORCEMENT OF CODE REGULATIONS. Subd. 1. Purpose. The administrative enforcement procedures established within this section are intended to provide the City of Shorewood with an informal, cost - effective and more efficient alternative to criminal prosecution or civil litigation for certain violations of the City Code. The city retains the right, at its sole discretion, to enforce provisions of this code by bringing criminal charges or commencing civil litigation in any case where the city determines it is appropriate or necessary, but finds that an administrative process is beneficial to the residents of the city and further finds that that such a process is a legitimate and necessary alternative method of enforcing code violations. Subd. 2. Procedure. a. Administrative notice. A Code Compliance Officer may issue, either in person or by United States first class mail, an administrative notice to a person suspected or known to have committed a code offense or to be the owner of property upon which a code offense is being committed. The administrative notice shall identify the code offense, the location upon which the code offense occurred or is occurring, and the recommended corrective action for the code offense. The administrative notice may also state that the alleged i violator has, at the discretion of the Code Compliance Officer, up to ten days after the issuance of the administrative notice to correct or abate the code offense. If the alleged violator or owner of property upon which a code offense is being committed is unable to correct or abate the code offense within the prescribed time, that person may request in writing an extension of no more than 30 additional days from the City Council. Any extension granted by the City Council shall be in writing and shall specifically state the date of expiration. If the code offense is not corrected or abated within the prescribed time or any extension thereto, the Code Compliance Officer may issue a citation, as provided below. b. Citation. A Code Compliance Officer is authorized to issue a citation upon the belief that a code offense has occurred, whether or not an administrative notice has first been issued in regard to the code offense. The citation shall be given to the person responsible for the violation or to the owner of the property upon which the violation has occurred, either in person or by United States first class mail. The citation shall state: i) the nature of the code offense; ii) the time and date the code offense occurred; iii) the civil penalty applicable to that code offense; and, iv) the manner for paying the civil penalty or requesting a hearing before a Hearing Officer to contest the citation. c. Responding to a citation /payment. The alleged violator or the owner of the property upon which the violation has occurred shall, within ten days of the issuance of the citation either • 104 -3 2010 S -5 104.03 Shorewood - Administration 104.03 request a hearing in writing according to the procedure set forth in this section or, within 15 days of the issuance of the citation, pay the civil penalty set forth in the citation. The civil penalty may be paid either in person at City Hall, or by United States first class mail, postage prepaid and postmarked within the prescribed 15 days. Payment of the civil penalty shall be deemed to be an admission of the code Offense. Subd. 3. Appeal to Hearing Officer. a. Requesting a hearing. Any person contesting a citation issued pursuant to this section may, within ten days of the issuance of the citation, request a hearing before a Hearing Officer. Any request for a hearing shall be made in writing on a form provided by the city and either delivered personally to the city at City Hall or mailed to the city by United States first class mail, postage prepaid and postmarked within the prescribed ten days. The hearing shall be held at City Hall within 30 days of the date the city receives a timely hearing request. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A Hearing Officer may waive this result upon good cause shown. The Hearing Officer shall determine good cause, which shall not include forgetfulness or intentional delay. • b. Hearing Officer. The City Council shall by resolution from time to time appoint a list of persons authorized to act as a Hearing Officer. The Hearing Officer is authorized to conduct an informal hearing to determine if a code offense has occurred. The Hearing Officer shall have the authority to uphold or dismiss the citation or reduce, stay or waive the civil penalty imposed upon such terms and conditions as the Hearing Officer shall determine. The Hearing Officer's decision shall be made in writing on a form provided by the city for such purpose. A copy of the Hearing Officer's decision shall be served either in person or by United States first class mail upon the person requesting the hearing. The Hearing Officer's decision is final, except for appeal in limited cases to the City Council, as set forth below, or as allowed under state law. c. Conduct of hearing. At the hearing, the parties will have the opportunity to present testimony, documents and exhibits and question witnesses. The Hearing Officer shall tape record the proceedings and receive testimony and exhibits. Strict rules of evidence will not apply. The Hearing Officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. Subd. 4. Appeal of Hearing Officer's decision. a. The Hearing Officer's decision shall be appealable to the City Council only for the following matters: 104 -4 • 2010 S -5 104.03 General Penalty and Enforcement 104.03 (1) An alleged failure to obtain a required permit, license, or other approval from the City Council as required by the City Code; (2) An alleged violation of a permit, license, or other approval, or the conditions attached to the permit, license or approval, that was issued by the City Council; or (3) An alleged violation of regulations governing a person or entity who has received a license issued by the City Council. b. An appeal to the City Council of the Hearing Officer's decision must be made in writing on a form provided by the city and must be served on the City Clerk either in person or by United States first class mail, postage prepaid, within ten days of the Hearing Officer's decision. The City Council will hear all timely appeals. The city will serve a notice of hearing upon the appellant in person or by United States first class mail at least ten days in advance of the date of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Officer's decision. d. The City Council shall consider the record, the Hearing Officer's decision, and any additional arguments before making a determination. The City Council is not bound by the Hearing Officer's decision, but may adopt all or part of the Hearing Officer's decision. The City Council's decision may be voted upon and given at the hearing or may be given in writing within 30 days of the hearing. e. The failure of the appellant to appear in front of the City Council or participate in the appeal constitutes a waiver of the violator's right of appeal and an admission of the violation. The Council may waive the result upon good cause shown. The determination of a showing of good cause shown shall be made solely at the discretion of the City Council but does not include forgetfulness and intentional delay. Subd. 5. Failure to pay. a. In the event a person charged with a code offense fails to pay the civil penalty and correct or abate the code offense for which a citation was issued within the prescribed time, a late charge of 15 % shall be imposed thereon for each seven days the civil penalty remains unpaid and the code offense remains uncorrected or unabated beyond the due date. b. An unpaid civil penalty and accrued late charges will constitute a personal obligation of the person(s) to whom the citation was issued and the city shall have the right to collect such 0 104 -5 2010 S -5 104.03 Shorewood - Administration 104.03 unpaid civil penalty and accrued late charges, together with the city's costs and reasonable attorney's fees, in criminal or civil proceedings. c. Pursuant to M.S. §§ 429.101, 514.67 and other applicable law, a lien in the amount of the civil penalty and any accrued late charges may be assessed against the property where the code offense occurred and collected in the same manner as taxes. Any such assessment shall not preclude the city from issuing additional citations for a continuing code offense, nor shall it preclude the city from making additional assessments against the same property resulting from a continuing or new code offense. d. The city may suspend or revoke a license or permit or other approval associated with the code offense if the civil penalty and accrued late charges are not timely paid. Subd. 6. Subsequent violations. If a second citation for a code offense is issued by the city to the alleged violator or owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same code offense, the civil penalty shall increase by 25% over the scheduled civil penalty amount. If a third citation for a code offense is issued by the city to the alleged violator or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same code offense, the civil penalty shall increase by 50 % over the scheduled civil penalty amount. If a fourth citation for a code offense is issued by the city to the alleged violator or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same code offense, the civil penalty shall increase by 100% over the scheduled civil penalty amount. (Ord. 458, passed 4 -27 -2009) 104 -6 L -A 2010 S -5 503.08 Refuse Collection and Disposal 503.09 503.08 VIOLATION. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor. (1987 Code, § 507.08) (Ord. 176, passed 1 -27 -1986) Penalty, see § 104.01 503.09 SPRING CLEANUP. During the spring season, the city may provide a curbside pickup service for yard waste, trash and household rubbish and a limited drop -off site for certain larger items. The service will be limited to Shorewood residents and the date of the cleanup will be determined by the City Council each year. Subd. 1. Curbside pickup. a. Items must be on the curb by 7:00 a.m. and will be picked up at residential sites only. The following items will be accepted for curbside pickup: (1) Brush, cut in four foot lengths and bundled so as to be manageable by one person; i (2) Yard waste in bags, grass clippings and leaves; (3) General household rubbish, including small furniture items. b. Brush and yard waste must be piled and separated from the trash. c. The following items will not be accepted for curbside pickup: (1) Construction debris, lumber, blocks, sheetrock and other building materials; (2) Chemicals, liquid paint, weed spray, solvents and other chemical products. d. A fee as provided in § 1301.02 of this code will be charged to each residential unit within the city for the pickup service. The fee will be based upon the total cost of the service to the city, apportioned equally among the residential units within the city and will be included in the utility billing statement sent to each residential account for the second quarter of the year. Subd. 2. Limited drop -off site. a. A drop -off site will be available between the hours of 8:00 a.m. and 4:00 p.m. at the • Public Works Garage. Items will be accepted and fees charged as provided in § 1301.02 of this code. 503 -5 MIR1TMI K1190% Shorewood - Public Health 503.10 b. Fees will be collected at the time an item is dropped off, and the site will be limited for use by Shorewood residents only. Subd. 3. Delinquent accounts. All delinquent accounts may be certified by the Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served. This assessment roll shall be delivered to the City Council for adoption on or before November 30 of each year, and upon approval thereof, the Administrator shall certify to the County Auditor the amount due, plus a certification fee as established by resolution of the City Council, and the County Auditor shall thereupon enter the amount as part of the tax levy on the premises to be collected during the ensuing year. The action may be optional or subsequent to taking legal action to collect delinquent accounts. (1987 Code, § 507.09) (Ord. 237, passed 5 -13 -1991; Am. Ord. 263, passed 12 -14 -1992; Am. Ord. 385, passed 5 -28 -2002; Am. Ord. 461, passed 7 -27 -2009) 503.10 MANDATORY RECYCLING FOR MULTIPLE- FAMILY DWELLINGS. • Owners of multiple - family dwellings containing more than eight dwelling units shall either contract directly with the recycling hauler under contract with the city or with a private hauler licensed under the provisions of § 503.05 of this chapter for the provision of a recycling collection service to all residents of the dwelling. If the owner contracts with a hauler other than the hauler under contract with the city, a written description of the specific recycling collection plan must be submitted to the city for approval and verification of the existence of the services to the residents. The recycling services provided under this section must comply with the requirements of this code and all applicable Hennepin County ordinances for recycling. (1987 Code, § 507.10) (Ord. 238, passed 6 -24 -1991) • 503 -6 2010 S -5 903.07 Water Use and Service 903.08 • repaired. When the waste of water is great, or when damage is likely to result from the leak, water may be turned off immediately pending repairs. Subd. 2. Abandoned service installations. All service installations that have not been used for one year, or for any reason have become useless for further service, shall be shut off at the curb stop. Any expense of the city shall be charged to the property and, if not paid within 30 days, shall be treated as a delinquent account pursuant to this chapter. (Ord. 395, passed 7 -28 -2003) 903.08 METERS. Subd. 1. Meter use required. Except for extinguishing of fire, no person except authorized city employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied by the city. Subd. 2. Installation of meters. All water meters shall be installed by a licensed plumber in accordance with the following rules: a. The service pipe from the water main to the meter shall be brought through the floor in a vertical position. The stop and waste valve shall be installed approximately 12 inches above the floor. b. The meter shall be located so that the bottom is from twelve to 24 inches above the finished floor line. The meter shall be set not more than 12 inches, measured horizontally from the inside line of the basement wall, unless an alternate method is approved by the City Water Inspector. c. All meter installations shall have a stop and waste valve on the street side of the meter. In no case shall there be more than 12 inches of pipe exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste valve shall also be installed on the house side of the meter. Meter setting devices shall be of copper pipe or tubing from the terminus of the service pipe up to and including the house side stop and waste valve. d. A remote reader shall be installed on the outside of the building in which the meter is contained at a height of three feet to five feet above grade. Subd. 3. Maintenance, repair and replacement. a. Replacement of meter. All water meters shall be and remain the property of the city and may be removed or replaced or changed as to size and type by the city whenever deemed necessary. 903 -7 903.08 Shorewood - Public Right -of -Way and Property 903.09 b. Maintenance and repair. The city shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. However, where any replacement or repair or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness or negligence of the owner or occupants of any premises, any expense incurred by the city to repair the damage shall be charged against and collected from the property owner, and water service may be discontinued until the cause is corrected and the amount charged collected. Subd. 4. Meter tests. When a consumer makes a complaint that the bill for any past services has been excessive, the city shall, upon written request, have the meter re -read. If the user remains dissatisfied and desires that the meter be tested, the user shall then make a deposit in an amount established by ordinance of the City Council, and the city shall test the meter. The user shall, if he or she so desires, be present when the test is made. In case a test should show an error of over 5 % of the water consumed in favor of the city, the deposit will be refunded to the user and a correctly registering meter will be installed and the date of written request and the minimum charge shall not be affected. In case the test shows an accurate measurement of water or an error in favor of the user, the amount deposited shall be retained by the city to cover the expenses of making the test. • Subd. 5. Unauthorized tampering with meter. All water meters shall be inspected and sealed by the City Water Inspector. No person not authorized by the city shall connect, disconnect, take apart, remove the seal, or in any manner change or cause to be changed or interfere with any meter or the action thereof. (Ord. 395, passed 7 -28 -2003; Am. Ord. 464, passed 2 -22 -2010) 903.09 WATER RATES AND CHARGES. Subd. 1. Rates and charges established. a. Water service rates - quarterly rates. The water rate due and payable to the city by each water user for water taken from the municipal water system shall be at a quarterly rate established by a ordinance of the City Council. Where service is for less than a quarterly period, the quarterly charge will be prorated on a monthly basis. b. Meter charges. A charge for a water meter shall be made by the city. Property owners or users shall pay in advance before delivery . of the water meter for installation. The charge shall be as established by the City Council by ordinance. •1 • 2010 S -5 • 903.09 Water Use and Service 903.09 c. Water turn on. The established turn -on fee will be charged for turning on water where service has been shut off for nonpayment of water billings, failure to repair a leak, discontinuance of service, or other reason specified in this chapter. d. Estimated and adjusted rates. (1) In the event the water meter servicing any property is found to be operating in a faulty manner or to have become inoperative, the amount of water will be estimated in accordance with the amount previously used in comparable periods of the year. (2) The City Council shall be authorized to make adjustments in water charges when the amount billed is erroneous due to a meter deficiency or other mistake. Rates outside city limits. Rates due and payable by each water user located beyond the territorial boundaries of the city shall be determined by special contract. Subd. 2. Listing of accounts. All accounts shall be kept on the books of the city in the name of the owner of the property served. All bills and notices sent out by the city shall be sent to the address of the property served. If nonresident owners or agents desire personal notice sent to a different address, they shall file an application therefore with the city. Any error in address shall be promptly reported to the city. Subd. 3. Bills for services, delinquencies, discontinuance, tax assessments. a. Billing. Statements for charges for water service for a quarterly period shall be mailed to each property owner or user on or before the tenth day of the first month following the end of the quarter and shall be due and payable on or before the last day of the months of January, April, July and October following the quarterly period covered by the statement. b. Delinquencies. After the last day of the month in which payment is due, a penalty of 10% of the unpaid account balance will be assessed and added to the amount due on the account. If the balance due on the account is not paid in full within 45 days of the day on which the account became due, a notice shall be sent to the property owner or user informing the property owner or user that the account is delinquent and that unless the account balance is paid in full within 15 days, the water may be shut off and the prescribed shut -off fee will be assessed. c. Discontinuance of service. If the property owner or user does not respond to the notice given above, prior to the date indicated in the no and the statement remains unpaid, the water may be shut off at the curb stop. Prior to the water being turned back on again, the property owner or user shall be required to pay all delinquent charges, plus penalties and shut -off fees, and the prescribed turn -on fee. 903 -9 2010 S -5 903.09 Shorewood - Public Right -of -Way and Property 903.10 • d. Appeals to discontinuance of service. The property owner or user may appeal the notice to the City Council during the 15 day period set forth in Subd. 3(b). Water service shall continue to the appealing property owner or user pending the decision of the Council on the appeal. Upon the determination of the Council, the water may be shut off pursuant to Subd. 3(c) as set forth above. Tax assessments. All delinquent accounts may be certified by the Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served. This assessment roll shall be delivered to the City Council for adoption prior to November 30 of each year and upon approval thereof, the Clerk shall certify to the County Auditor the amount due, plus a certification fee as established by ordinance of the City Council, and the County Auditor shall thereupon enter the amount as part of the tax levy on the premises to be collected during the ensuing year. The action may be optional or subsequent to taking legal action to collect delinquent accounts. (Ord. 395, passed 7 -28 -2003; Am. Ord. 456, passed 2 -9 -2009; Am. Ord. 464, passed 2 -22 -2010) 903.10 WATER CONNECTIONS SERVED BY ADJACENT MUNICIPALITIES. The City Council has heretofore and will in the future enter into contracts with adjacent municipalities to provide water service to properties located within the city. All permits to be issued under this chapter shall comply with the terms of the agreements. In instances where the cost of the water 0 903 -10 2010 S -5 11 1201.02 Zoning Regulations 1201.02 a. The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made by the Minnesota Commissioner of Natural Resources. b. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources. PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined by the Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900). PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally characterized by low density, single - family residential development as determined by Minn. Rules parts 6120.2500 to 6120.3900. PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service - oriented commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900. QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership, all of which have individual entrances and in which each unit shares common walls with two other units. RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi - public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATION AREA OR BUILDING for the purpose of this chapter. RECREATIONAL VEHICLE. A self - propelled vehicle or camping or travel trailer which is used primarily for recreational purposes. RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children. 1201 -15 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 s RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building. RIGHT -OF -WAY - PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether developed or undeveloped, paved or unpaved. ROOF LINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof. SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure on any property visually inconspicuous. SELF - STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. The facilities are different from public warehouses in that the public has access to their storage space owned for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other document of title for the personal property stored in the storage space. SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water mark. Distances are to be measured from the most outwardly extended portion of the structure at ground level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface. SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 % of the structure setback. SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources. 2010 S -5 1201 -16 1201.02 Zoning Regulations 1201.02 0 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 0 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. 0 YARD - FRONT. A yard extendin g 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; Am. Ord. 459, passed 6 -22 -2009) 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 2010 S -5 1201.03 Zoning Regulations 1201.03 0 (1) In residential districts, required off - street parking shall not be provided in required front yards (or in required side yards abutting a street in the case of a corner lot) nor within five feet of any side or rear lot line; (2) In the case of single - family, two - family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the required front yard, except designated driveways leading directly into a garage or one open, surfaced space located on the side of a driveway, away from the principal use. The extra space shall be surfaced with concrete, bituminous or crushed rock material; (3) There shall be no off - street parking within 15 feet of any street surface; (4) In any of the commercial districts (including the R -C District) no parking space shall be located within 15 feet of any front property line or in any required side or rear yard that abuts any of the classes of residential districts. In no instance shall parking space be located within five feet of a side or rear property line except in the case of joint use parking areas. g. Use of required area. Required off - street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by subdivision 2n of this section and /or storage of snow. h. Number of spaces required. The following minimum number of off - street parking spaces shall be provided and maintained by ownership, easement and /or lease for and during the life of the respective uses hereinafter set forth: (1) Single - family, two- family, townhouse and quadraminiumunits: two spaces per unit; (2) Boarding house: at least one parking space for each person for whom accommodations are provided for sleeping; (3) Multiple - family dwellings: at least two feet free spaces per unit; (4) Public parks, playgrounds and playfields: (a) Playgrounds - two spaces per acre; (b) Playfield - ten spaces for each acre over one acre; 0 (c) Community parks - five spaces for each acre over one acre; 1201 -51 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 0 (d) When a public recreation site has more than one use designation, the areas must be divided for determining the required number of parking spaces. (5) Baseball fields: at least one parking space for each eight seats of design capacity; (6) Community Center, physical culture studio, personal fitness establishments, libraries, private clubs, lodges, museums, art galleries: ten parking spaces plus one space for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure. (7) Convalescent home, rest home, nursing home or day nurseries: four spaces plus one for each three beds for which accommodations are offered; (8) Elderly housing: two parking spaces per unit; (9) Office buildings, medical and dental clinics, animal hospitals and professional offices: three spaces plus at least one space for each 200 square feet of floor area; (10) Bowling alleys: at least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure; (11) Retail store, bakery, and service establishment, including but not limited to: (a) Catering establishment; (b) Copy service or print shop; (c) Dry cleaner; (d) Employment agency; (e) Laundromat; (f) Massage therapy; (g) Photography studio; (h) Tanning salon; 1201 -52 2010 S -5 1201.03 Zoning Regulations 1201.03 • (i) Veterinary clinic; and 0) Electronic media rental and sales: one parking space for each 200 square feet of floor area; (12) Retail sales and service business with 50% or more of gross floor area devoted to storage and /or warehouses: at least eight spaces or one space for each 200 square feet devoted to public sales or service plus one space for each 500 square feet of storage area; (13) Restaurants, cafes and private clubs serving food and /or drinks, bars, taverns, nightclubs: at least one parking space for each 40 square feet of gross floor area of dining and bar area and one space for each 80 square feet of kitchen area. Restaurants, cafes and private clubs not serving drinks: a minimum of five parking spaces, plus one space for each two seats of seating capacity; (14) Undertaking establishments: at least 20 parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off - street for making up a funeral procession; (15) Shopping centers: five parking spaces for each 1,000 square feet of gross leasable floor area, exclusive of restaurants and fitness centers, which must be calculated separately, and exclusive of common areas; (16) Swimming club or public swimming pool: 20 spaces plus one space for each 500 square feet of floor area in the principal structure; (17) Motels, motor hotels, hotels: one space per each rental unit plus one space for each ten units and one space for each employee on any shift; (18) School (public, private, day or church) - elementary and junior high: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater; (19) School (public, private, day or church) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater; (20) Drive -in establishment, convenience food, delicatessen and coffee shop: at least one parking space for each 15 square feet of gross floor area, but not less than 15 spaces; 2010 S -5 1021 -53 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 0 (21) Motor fuel station: at least four off - street parking spaces plus two off - street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter. Parking for convenience stores with accessory gas pumps shall be based upon the principal use; (22) Auto repair, taxi terminal, boats and marine sales and repair, shop for a trade employing six or less people, garden supply store, building material sales in structure: eight off - street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet; (23) Golf driving range, miniature golf, archery range: ten off - street parking spaces, plus one for each tee, hole or lane respectively; (24) Manufacturing, fabricating or processing of a product or material: one space for each 350 square feet of floor area, plus one space for each company -owned truck (if not stored inside principal building); (25) Warehousing, storage or handling of bulk goods: that space which is solely used as office shall comply with the office use requirements and one space per each 1,000 square feet of floor area, plus one space for each employee on maximum shift and one space for each company -owned truck (if not stored inside principal building); (26) Car wash: (In addition to required stacking space) (a) Automatic drive through, serviced: a minimum of ten spaces, or one space for each employee on the maximum shift, whichever is greater; (b) Self- service: one plus one space per stall; (c) Motor fuel station car wash: zero in addition to that required for the station; (27) Commercial racquetball, handball and tennis facilities and clubs: not less than six spaces per each court; (28) Church, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section; 1201 -54 2010 S -5 1201.03 Zoning Regulations 1201.03 (29) Marina: one space per boat slip; (30) Other uses: other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in the determinations shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles; (31) Lake and lakeshore dredging and excavation facilities: one space for each employee on the maximum shift, plus one space for each company -owned vehicle. (32) Barber or beauty shop: two and one -half parking spaces for each chair; (33) Commercial tutoring and learning centers: two parking spaces for each employee on the maximum shift; (34) Day spa: one parking space for each 200 square feet of floor area or two spaces for each employee on the maximum shift, whichever is greater; (35) Day care facility: one parking space for each four persons of licensed capacity; Joint facilities. The City Council may approve a conditional use permit for one or more businesses to provide the required off - street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for a permit, the Council shall not approve a permit except when the following conditions are found to exist: (1) Up to 50% of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off - street parking facilities provided by types of uses specified as primarily daytime uses in paragraph (4) below; • 1201 -54A 2010 S -5 Shorewood - Zoning and Subdivision Regulations • C • 1201 -54B 1201.03 Zoning Regulations 1201.03 0 (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) Temporary signs. (a) 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. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must' be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign; 0 1201 -64 2010 S -5 1201.03 Zoning Regulations 1201.03 (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length; (vi) There shall be a minimum spacing between signs of seven feet; (vii) The maximum number of signs per ball field is 15; (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city; (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign; (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission; • (xi) The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the 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. 1201 -64A 2010 S -5 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (8) In the case of a two - faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign. (9) Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy. (10) The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no ore than three other non - commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building. 1201 -64B • 0 0 2010 S -5 • 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. is 1201 -85 1201,03 Shorewood - Zoning and Subdivision Regulations 1201.04 0 (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; Am. Ord. 459, passed 6 -22 -2009; Am. Ord. 462, passed 8 -24 -2009) 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 2010 S -5 1201 -86 • CHAPTER 1301 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1301.01 Purpose 1301.02 Establishment of fees and charges 1301.01 PURPOSE. Fees and charges by the city are established as set forth in other sections of the City Code and as set forth in this Title 1300. If there is inconsistency between fees and charges established in this Title 1300 and other sections of the City Code, the terms and conditions set forth in Title 1300 shall prevail. The City Council may amend this Title 1300 from time to time at its sole discretion by simple majority of all of its members. (1987 Code, § 1301.01) (Ord. 263, passed 12 -14 -1992) 1301.02 ESTABLISHMENT OF FEES AND CHARGES. Fees and charges by the city are hereby established as set forth in Schedule A. Each section of the City Code which contains any such fee or charge is hereby amended to reflect the amount set forth in Schedule A. If this Title 1300 does not establish a fee or charge, it shall remain as stated in other sections of the City Code. SCHEDULE A • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee I. Miscellaneous Permits and Licenses Police alarm permits 601.06.1 $100 3rd false alarm and thereafter Fire alarm permits 601.06.1 $200 2nd false alarm and thereafter 1301 -1 2006S-1 1301.02 Shorewood - Municipal Fees 1301.02 i LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference I. Miscellaneous Permits and Licenses Administrative enforcement 104.03 Class A Offenses: $100 Violations of Public Health Regulations (Chapters 501 -503, except those violations which are also Zoning Code Violations) Class B Offenses: $200 Violations of Rental Housing Regulations (Chapter 1004) Class C Offenses: $300 Violations of Building Regulations (Chapters 1001 -1003 and 1005) Violations of Wetland Regulations (Chapter 1102) Violations of Tree Preservation Regulations (Chapter 1103) Violations of Zoning Regulations (Chapter 120 1) Subsequent Violations: 2nd citation within 24 months of issuance of previous citation: 25 % increase over scheduled civil penalty 3rd citation within 24 months of issuance of previous citation: 50% increase over scheduled civil penalty 4th citation within 24 months of issuance of previous citation: 100% increase over scheduled civil penalty 1301 -2 • • 2010 S -5 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference I. Miscellaneous Permits and Licenses Recreational fire permit 501.03 No charge Open burning permit 501.03 $100 per site Boat docks and boat storage 304.05 $35 facility license Tobacco retailer license 302 $250 /premise Tobacco administrative fines: Tobacco licensees in violation $75 /first offense $200 /second offense in 24 -month period $250 /thereafter within 24 -month period Other individuals in tobacco violation $50 per offense Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50 /video booth or stall Dog licenses, per animal 701.03.2 $10 $5 license late fee Kennel license 701.04.2 $25 /initial license $10 /renewal license Horse permit 702.04 $25 Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath Street excavation permit 901.01.2b $150 Gambling license 301.06.2 $100 biennial 301.06.1 $25 temporary System contractor license $1,000 bond Refuse hauler license 503.05.4 $50 plus $25 /truck 1301 -2A 2010 S -5 1301.02 Shorewood - Municipal Fees 1301.02 C: • is 1301 -2B 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • C LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Water Water meter 5/8" x 3/4" meter (with touch 903.03.lb(2) $250 pad) 3/4" copperhorn for 5/8" meter $55 Touch pad only $15 1 " meter $360 1 " copperhorn and connections $100 1 " pressure- reducing valve $55 1 1/2" meter (with flanges) 903.03.lb(2) Cost plus 10% 2" meter (with flanges) 903.03.lb(2) Cost plus 10% 1 1/2" pressure- reducing valve Cost plus 10% 2" pressure- reducing valve Cost plus 10 % Late meter reading fee 903.08.6 $5 Meter test 903.08.4 $80 Water service 903.09.1a $17.50 /quarter first 5,000 gallons, plus $2.95 per 1,000 gallons in excess of 5,000 gallons up to 50,000 gallons, and $4.25 per 1,000 gallons in excess of 50,000 gallons per quarter Water service - low income 903.09.1a(1) $15 /quarter minimum Water turn -on and shut -off fee 903.04 $50 Water connection fee 903.03.3 $10,000 Single - family residential See chart and formula in § 903.04 Subd. 3. Multi - family residential, See chart and formula in § 903.04 Commercial Subd. 3. a. Schools, churches, government and other non - residential 1301 -5 2010 S -5 1301.02 Shorewood - Municipal Fees 1301.02 0 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference Stormwater Management Stormwater Management Utility $10.59 /qtr: lots less than 10,000 sq. ft. Residential equivalent factor $15.12 /qtr: lots 10,000 - 50,000 sq. ft. Basic system rate 905.03 $19.68 /qtr: lots 50,000 plus sq. ft. Recycling Residential recycling fee $4.50 /month /household IV. Miscellaneous Fees and Charges Special assessment search $25 Mailed minutes (nonresident) $75.00 annual $.25/page/individual Mailed agendas $35 annual $. 25 /page /individual 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 1301 -6 • • 2010 S -5 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 0 • • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference IV. Miscellaneous Fees and Charges City Zoning Code $20 Comprehensive Plan (softbound color copy $35 City Subdivision Ordinance ( softbound copy) $8 Election filing fee $2 Spring clean -up fees 507.09.1 Up to $10 507.09.2 $20 air conditioners* $20 water softeners* $12 appliances, including water heaters* $10 mattresses and rolled carpets /padding* $15 large furniture* $5 tires with or without rims* $13 truck tires without rims* $0 auto batteries* * Or as determined based upon actual cost of disposal Transient business, 308.08 peddling/ soliciting $50 /applicant Sand barrel /sand charge $40 barrel and sand /$30 sand only Tri- annual rental housing Appeal filing fee 1004.06.6 $100 License fee, per unit (includes up 1004.03(3) $60 to three inspection /unit) Additional inspections as necessary 1004.03(3) $20 /inspection Return check fee $25 Plans and specifications, paper copy $35 Plans and specifications, CD copy $25 2008S-3 1301 -7 1301.02 Shorewood - Municipal Fees 1301.02 0 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference V. Park and Recreation Park and recreation use fees 902.06.3 Organized sports participant $10 /per participant, per sport, per season Skating rinks (per rink) Lights $15 /hour Tournaments, per rink $30 /day plus attendant salary Soccer /Football /Baseball /Softball Fields (per field) Damage deposit, all fields $125 /flat fee Football Field, unlighted $50 /day Lights $30 /hour Diamond field (baseball) $50 /day Entire soccer area, unlighted $150 /day Tennis Courts $5 /court /hour Multi -use buildings Resident Base Fee Damage deposit, all buildings $50 Manor /Badger $25 Eddy Station $100 Picnic Pavilions Resident Base Fee Manor /Freeman $25 Eddy Station Pavilions $50 VI. Building, Zoning, Land Use Zoning /amendments 1201.04.1a $600 plus $1,000 escrow Conditional use permit 1201.04.1a $200 (residential) 1201.05.3a $400 plus $100 escrow (nonresidential) $1,000 plus $1,000 escrow (communication facilities) Variances and appeals 1201.05.3a $250 plus $150 escrow (residential) $300 plus $150 escrow (nonresidential) Planned unit development 1201.25.6b(2)(b) Concept plan $300 plus $100 escrow Development stage plan $300 plus $100 escrow Final plan $300 plus $100 escrow 1301 -8 • 0 2010 S -5 i 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee Degradation fee Restoration fee 901.09 901.12 Varies Varies * 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; Am. Ord. 437, passed 7 -9 -2007; Am. Ord. 438, passed 8 -13 -2007; Am. Ord. 439, passed 9 -10 -2007; Am. Ord. 442, passed 11 -5 -2007; Am. Ord. 445, 0 passed 12 -10 -2007; Am. Ord. 446, passed 1 -28 -2008; Am. Ord. 452, passed 7 -14 -2008; Am. Ord. 457, passed 4 -13 -2009; Am. Ord. 463, passed 1 -11 -2010) • 1301 -11 2010 S -5 Shorewood - Municipal Fees 0 • • 1301 -12 • References to Minnesota State Statutes M.S. Section Code Section Ch. 429 501.08, 901.17, 1202.07 429.101 104.03, 502.01, 502.02, 502.03 444.25 906.05 444.075 905.02, 905.08 Ch. 453 901.04 Ch. 453A 901.04 Ch. 462 901.17, 1101.01 462.351- 462.363 1201.01 462.351- 462.364 201.01 462.357 309.01 462.357,Subd. lc 1201.03 462.358 1202.01, 1202.02 462.361 1201.04 463.15 1004.06 Ch. 466 501.08 446.04 901.06 471.195 502.06 463.17 Ch. 474 502.02 108.01 474.01(7) 108.04 474.02 108.02 Ch. 505 1202.02 505.03 1202.04 514.67 104.03, 501.08 Ch. 515 1201.25 515.01 - 515.19 1201.02 609.725 603.03 609.75- 609.763 301.06, 301.15 624.20 312.01, 312.02, 603.05 626.862 104.02 4715.3140 901.06 • 5 rKIRO .$, Shorewood - Parallel References • • • 0 References to Ordinances Ord. No. Date Passed Code Section 429 1 -22 -2007 1005.01- 1005.06 430 11 -13 -2006 603.06, 703.04 431 11 -27 -2006 1201.02, 1201.03 432 12 -11 -2006 1301.02 433 1 -22 -2007 1201.03 434 3 -12 -2007 610.09 435 3 -12 -2007 201.04 436 5 -29 -2007 Adopting Ordinance 437 7 -9 -2007 1301.02 438 8 -13 -2007 1301.02 439 9 -10 -2007 1301.02 440 11 -5 -2007 1201.22 441 11 -5 -2007 401.01- 401.22, 402.01- 402.03 442 11 -5 -2007 1301.02 443 11 -26 -2007 1201.24 444 12 -10 -2007 901.01- 901.29 445 12 -10 -2007 1301.02 446 1 -28 -2008 1301.02 447 1 -28 -2008 904.09 448 4 -14 -2008 401.17 449 6 -9 -2008 106.01 450 6 -23 -2008 904.06 451 7 -14 -2008 903.12 452 7 -14 -2008 1301.02 453 9 -22 -2008 Adopting Ordinance 454 12 -8 -2008 307.01- 307.14 455 12 -8 -2008 907.01- 907.13 456 2 -9 -2009 903.09 457 4 -13 -2009 1301.02 458 4 -27 -2009 103.02, 104.03 459 6 -22 -2009 1201.02, 1201.03 460 7 -27 -2009 Adopting Ordinance 461 7 -27 -2009 503.09 462 8 -24 -2009 1201.03 463 1 -11 -2010 1301.02 464 2 -22 -2010 903.08, 903.09 27 2010 S -5 Shorewood - Parallel References • • 28 • CODE OF ETHICS, 105.04 Index CODE OF ORDINANCES Adoption of statutes and rules by reference, 10 1. 15 Annual audit required, 107.01 Application to future ordinances, 101.03 Biennial elections, 106.01 Captions, 101.04 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 Copies of code, 101.14 Definitions Definitions, 103.02 General rule, 103.01 Effective date of ordinances, 101.10 • Errors and omissions, 101.07 General penalty and enforcement Administrative enforcement, 104.03 Enforcement, 104.02 General penalty, 104.01 Harbor limits Harbor limits established, 109.01 Jurisdictional limit, 109.02 Lake Minnetonka Conservation District Code, 109.03 Official time, 101.08 Ordinances which amend or supplement code, 101.12 Preservation of penalties, offenses, rights and liabilities, 101.13 Reasonable time, 101.09 Reference to offices, 101.06 Reference to other sections, 101.05 Repeal or modification of ordinance, 10 1. 11 Rules of interpretation, 101.02 Saving clause Court proceedings, 102.04 Ordinances repealed, 102.01 Ordinances unaffected, 102.02 Public utility ordinances, 102.03 Severability, 102.05 Title of code, 101.01 7 Shorewood - Index COMBUSTIBLE LIQUIDS; STORAGE OF Deliveries restricted, 609.03 Exemptions from provisions, 609.05 Purpose, 609.01 Removal and abandonment, 609.04 Storage limits, 609.02 COMMERCIAL DISTRICT, 1201.19 COMMERCIAL SERVICE DISTRICT, 1201.23 • CONTROLLED SUBSTANCES Confiscation and disposition of prohibited drugs, 306.08 Definitions, 306.02 Exceptions, 306.04 General regulation, 306.01 Inhaling, breathing, drinking of certain substances prohibited, 306.05 Prohibited acts, 306.03 Purchase, sale or possession regulated, 306.06 Self - service display prohibited, 306.07 Violation, 306.09 CRUELTY TO ANIMALS, 603.08 CURFEW FOR MINORS, 606.01 DESIGN STANDARDS, 1202.05 DISCRIMINATORY PRACTICES Application to city officers and employees, 204.05 Contracts with the city, 204.04 Definitions, 204.02 Policy of city, purpose, 204.01 Unlawful discriminatory practices, 204.03 Violation, 204.06 DOGS (See ANIMAL REGULATIONS) DRUGS (See CONTROLLED SUBSTANCES) ELECTIONS; BIENNIAL, 106.01 •