Appendix H11
APPENDIX H
Ordinances
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Flood Plain Management Ordinance
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Shorewood, MN Code of Ordinances
TITLE 11.00_FLCOD PLAIN AND WETLAND _DEVELOPMENTS
CI IAP ER 1101 FLOOD PLAINMANAGEMEN I' ItFGtJ.1,A'I'IONS
CHAPTER 1101
FLOOD PLAIN MANAGEMENT
REGULATIONS
Section
1.1.01,_01 Statutory authorization, findings of fact and purpose
1.101.02 General provisions
03 Establishment of flood plain districts
1.101..0=1 FW, Floodway District
11.01 FF, Flood Fringe District
• 1.14.1_.06 Reserved for future use
1101.07 Subdivisions
_........._...._...____..__.
1.1.01.,_08. Public utilities, railroads, roads and bridges
1.1.01..09 Manufactured homes and placement of recreational vehicles
1101.10 Administration
1.10.1..1_1 Nonconforming uses
1101.1.2 Penalties for violation
1.10L_13 Amendments
1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE.
Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in M.S. Chapters 103F
and 462, delegated the responsibility to local government units to adopt regulations designed to
minimize flood losses. Therefore, the City Council of the City of Shorewood, Minnesota does ordain as
follows.
• Subd. 2. Findings of fact.
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a. Periodic inundation. The flood hazard areas of Shorewood, Minnesota, are subject to
periodic inundation which results in potential loss of life, loss of property, health and safety hazards,
• disruption of commerce and governmental services, extraordinary public expenditures or flood
protection and relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
b. Methods used to analyze flood hazards. This chapter is based upon a reasonable method of
analyzing flood hazards which is consistent with the standards established by the Minnesota Department
of Natural Resources.
c. National Flood Insurance Program compliance. This chapter is adopted to comply with the
rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. Parts 59 -78, as
amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
Subd. 3. Statement of purpose. It is the purpose of this chapter to promote the public health, safety,
and general welfare and to minimize those losses described in Subd. 2.a. of this section by provisions
contained herein.
(Ord. 405, passed 9 -13 -2004)
1101.02 GENERAL PROVISIONS.
Subd. 1. Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction
of the city shown on the Flood Insurance Rate Map as being located within the boundaries of the
• Floodway and Flood Fringe Districts, as defined in § 110 1. 03 of this chapter.
Subd. 2. Establishment of Flood Insurance Rate Map. The Flood Insurance Rate Map, together with
all materials attached thereto, is hereby adopted by reference and declared to be a part of this chapter.
The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2,
Hennepin County, Minnesota, all jurisdictions and the Flood Insurance Rate Map panels numbered
27053CO292 E, 27053CO295 E, 27053CO308 E, 27053CO309 E, 27053CO311 E, 27053CO312 E,
27053CO313 E, 27053CO314 E, 27053CO316 E, 27053CO317 E, 27053CO318 E, and 27053CO319 E for
the City of Shorewood, dated September 2, 2004, as developed by the Federal Emergency Management
Agency. The Flood Insurance Rate Map shall be on file in the office of the City Clerk.
Subd. 3. Regulatory flood protection elevation. The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the flood plain that result from designation of a floodway.
Subd. 4. Interpretation.
a. In their interpretation and application, the provisions of this chapter shall be held to be
minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
b. The flood plain within the city is hereby designated as either Floodway District or Flood
Fringe District, as defined in § 1101.03 Subd. 1. of this chapter. The boundaries of the flood plain
is districts shall be determined by scaling distances on the Flood Insurance Rate Map. Where
interpretation is needed as to the exact location of the boundaries of the district as shown on the Flood
Insurance Rate Map, as for example where there appears to be a conflict between a mapped boundary
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and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the
City Council, serving as the Board of Adjustment and Appeals, shall make the necessary interpretation.
• All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations
that existed on the site at the time the city adopted its initial flood plain ordinance, and other available
technical data. Persons contesting.the location of the district boundaries shall be given a reasonable
opportunity to present their case to the Board of Adjustment and Appeals and to submit technical
evidence.
Subd. 5. Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes
greater restrictions, the provisions of this chapter shall prevail.
Subd. 6. Warning and disclaimer of liability. This chapter does not imply that areas outside the flood
plain districts or land uses permitted within such districts will be free from flooding or flood damages.
This chapter shall not create liability on the part of the city or any officer or employee thereof for any
flood damages that result from reliance on this chapter or any administrative decision lawfully made
hereunder.
Subd. 7. Severability. If any section, clause, provision, or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be
affected thereby.
Subd. 8. Definitions. For the purposes of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may
be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as
provided in the official zoning controls or building codes and upon a finding that:
(1) Certain conditions as detailed in this chapter exist.
(2) The structure and /or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate
share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake
that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or
• discharge may be equaled or exceeded.
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FLOOD FRINGE. That portion of the flood plain outside of the floodway. For the purposes of this
chapter, FLOOD FRINGE shall be as defined in § 1101.03 Subd. l .b. of this chapter.
• FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
For the purposes of this chapter, FLOODWAY shall be as defined in § 1101.03 Subd. Lb. of this
chapter.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood - resistant enclosure, used solely for parking of vehicles, building access, or storage in
an area other than a basement area, is not considered a building's LOWEST FLOOR.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term MANUFACTURED HOME does not include the term "recreational
vehicle."
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or
• matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which
may impede, retard, or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or
structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less
when measured at the largest horizontal projection, is designed to be self - propelled or permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this
chapter, the term RECREATIONAL VEHICLE shall be synonymous with the term travel trailer /travel
vehicle.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 -year recurrence interval. REGIONAL FLOOD is synonymous
with the term "base flood" used in a flood insurance study.
is REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by encroachments
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on the flood plain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on -site
• utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 1101.09
Subd. 2.a. of this chapter and other similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50% of the market value
of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365 -day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure
before the "start of construction" of the improvement. This term includes structures that have
incurred "substantial damage," regardless of the actual repair work performed. The term does not,
however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." For the purpose of this chapter, "historic
structure" shall be as defined in 44 C.F.R., Part 59.1.
• VARIANCE. A modification of a specific permitted development standard required in this chapter
p p p q
to allow an alternative development standard not stated as acceptable in this chapter, but only as applied
to a particular property for the purpose of alleviating a hardship, practical difficulty or unique
circumstance.
(Ord. 405, passed 9 -13 -2004)
1101.03 ESTABLISHMENT OF FLOOD PLAIN DISTRICTS.
Subd. 1. Districts.
a. Floodway District. The Floodway District shall include those areas designated as Zone AE
on the Flood Insurance Rate Map panels adopted in § 110 1. 02 Subd. 2. of this chapter that are at or
below elevation 929.4 feet above Mean Sea Level Datum, 1929 Adjustment, which is the ordinary high
water elevation of Lake Minnetonka, and those that are at or below elevation 943.14 which is the
ordinary high water elevation for Galpin Lake.
b. Flood Fringe District. The Flood Fringe District shall include those areas shown on the
Flood Insurance Rate Map panels adopted in § 1101.02 Subd. 2. of this chapter as being within Zone AE
and being located above elevation 929.4 feet above Mean Sea Level Datum, 1929 Adjustment, which is
the ordinary high water elevation of Lake Minnetonka, and those that are above elevation 943.14 which
• is the ordinary high water elevation for Galpin Lake.
C. A Zone District.
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(1) The A Zone District shall include those areas designated as Zone A without a floodway
on the Flood Insurance Rate Map adopted in § 110 1. 02 Subd. 2. of this chapter.
• (2) Procedures for floodway and flood fringe determinations within the A Zone District.
(a) Upon receipt of an application for a permit, subdivision, or other approval within the
A Zone District, the applicant shall be required to furnish the following information as is deemed
necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation
and whether the proposed use is within the Floodway or Flood Fringe District.
(i) A typical valley cross - section(s) showing the channel of the stream, elevation of
land areas adjoining each side of the channel, cross - sectional areas to be occupied by the proposed
development, and high water information.
(ii) Plan (surface view) showing elevations or contours of the ground, pertinent
structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and
existing structures on the site, and the location and elevations of streets.
and soil types.
(iii) Photographs showing existing land uses, vegetation upstream and downstream,
(iv) Profile showing the slope of the bottom of the channel or flow line of the stream
for at least 500 feet in either direction from the proposed development.
• (b) The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minnesota Regulations 1983, parts 6120.5000 -
6120.6200 and 44 C.F.R. Part 65 shall be followed in this expert evaluation. The designated engineer or
expert is strongly encouraged to discuss the proposed technical evaluation methodology with the
respective Department of Natural Resources Area Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(i) Estimate the peak discharge of the regional flood.
(ii) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(iii) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a
result of the additional stage increase, increased flood damages would result. An equal degree of
encroachment on both sides of the stream within the reach shall be assumed in computing floodway
boundaries.
(c) The Zoning Administrator shall present the technical evaluation and findings of the
designated engineer or expert to the Governing Body. The Governing Body must formally accept the
technical evaluation and the recommended Floodway and /or Flood Fringe District boundary or deny the
is permit application. The Governing Body, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural
Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe
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District Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning
Administrator who shall process the permit application consistent with the applicable provisions of this
• chapter.
d. District application. The Flood Plain Districts shall be applied to and superimposed upon the
zoning districts identified in Chapter 1201 of the Shorewood City Code (Zoning Regulations). The
regulations and requirements imposed by the Flood Plain Districts shall be in addition to those
established for zoning districts and shall apply jointly.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full compliance with the terms
of this chapter and other applicable regulations which apply to uses within the jurisdiction of this
chapter. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or
conditional uses in §§ 1101.04 and 1101.05 of this chapter, respectively, shall be prohibited. In
addition, a caution is provided here that:
a. New manufactured homes, replacement manufactured homes and certain travel trailers and
travel vehicles are subject to the general provisions of this chapter and specifically § 1101.09.
b. Modifications, additions, structural alterations, normal maintenance and repair, or repair after
damage to existing nonconforming structures and nonconforming uses of structures or land are regulated
by the general provisions of this chapter and specifically § 1101.11.
c. As -built elevations for elevated or flood proofed structures must be certified by ground
surveys and flood proofing techniques must be designed and certified by a registered professional
is engineer or architect as specified in the general provisions of this chapter and specifically as stated in §
1101.10.
(Ord. 405, passed 9 -13 -2004)
1101.04 FW, FLOODWAY DISTRICT.
The following permitted uses and conditional uses shall only be allowed to the extent that they are
also permissible under any watershed district, state, or federal laws or regulations applicable to the
floodway area as defined by § 1101.03 Subd. 1. of this chapter.
Subd. 1. Permitted uses.
a. Commercial loading areas and parking areas.
b. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, and
single or multiple purpose recreational trails.
Residential lawns, gardens, parking areas and play areas.
Subd. 2. Standards for floodway permitted uses.
• a. The use shall have a low flood damage potential.
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b. The use must be permissible in the underlying zoning district.
c. The use shall not obstruct flood flows or increase flood elevations and shall not involve
• structures, fill, obstructions, excavations or storage of materials or equipment.
Subd. 3. Conditional uses.
a. Structures accessory to the uses listed in Subd. 1., above and the uses listed in subsections b.
through h., below.
b. Extraction and storage of sand, gravel and other materials.
c. Marinas, boat rentals, docks, piers, wharves and water control structures.
d. Railroads, streets, bridges, utility transmission lines and pipelines.
e. Storage yards for equipment, machinery, or materials.
f. Placement of fill or construction of fences.
g. Recreational vehicles accessory to residential uses, subject to the exemptions and provisions
of § 1101.09 Subd. 2.a. of this chapter.
h. Structural works for flood control such as levees, dikes and floodwalls constructed to any
• height where the intent is to protect individual structures and levees or dikes where the intent is to
protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood
event.
Subd. 4. Standards for floodway conditional uses.
a. All uses. No structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional
use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in
flood damages in the reach or reaches affected.
b. All floodway conditional uses shall be subject to the procedures and standards contained in §
1101.10 Subd. 4. of this chapter.
c. The conditional use must be permissible in the underlying zoning district.
d. Fill.
(1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain
shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway
unless a long -term site development plan is submitted which includes an erosion/sedimentation
i s prevention element to the plan.
(3) As an alternative, and consistent with subsection (2) immediately above, dredge spoil
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disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials
which would have caused an increase to the stage of the 100 -year or regional flood but only after the
City Council has received an appropriate plan which assures the removal of the materials from the
floodway based upon the flood warning time available. The conditional use permit must be title
registered with the property in the Office of the County Recorder.
(4) Any filling within the flood fringe shall require the approval of the Minnehaha Creek
Watershed District.
e. Accessory structures.
(1) Accessory structures shall not be designed for human habitation.
(2) Accessory structures, if permitted, shall be constructed and placed on the building site so
as to offer the minimum obstruction to the flow of flood waters:
(a) Whenever possible, structures shall be constructed with the longitudinal axis parallel
to the direction of flood flow.
(b) So far as practicable, structures shall be placed approximately on the same flood flow
lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood - proofed in
accordance with the FP -1 or FP -2 flood - proofing classifications in the State Building Code. As an
alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification
in the State Building Code provided the accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All flood - proofed accessory structures
must meet the following additional standards:
(a) The structure must be adequately anchored to prevent flotation, collapse or lateral
movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;
(b) Any mechanical and utility equipment in a structure must be elevated to or above the
regulatory flood protection elevation or properly flood - proofed; and
(c) To allow for the equalization of hydrostatic pressure, there must be a minimum of
two "automatic" openings in the outside walls of the structure having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding. There must be openings on at
least two sides of the structure and the bottom of all openings must be no higher than one foot above the
lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
f. Storage of materials and equipment.
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
• (2) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan approved by the City
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Council.
g. Structural works for flood control that will change the course, current or cross section of
• protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103G.
Community -wide structural works for flood control intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
h. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -
year or regional flood and the technical analysis must assume equal conveyance or storage loss on both
sides of a stream.
(Ord. 405, passed 9 -13 -2004)
1101.05 FF, FLOOD FRINGE DISTRICT.
Subd. 1. Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted
uses in the underlying zoning use district. All permitted uses shall comply with the standards for Flood
Fringe District "permitted uses" listed in Subd. 2., below and the "standards for all flood fringe uses"
listed in Subd. 5., below.
Subd. 2. Standards for flood fringe permitted uses.
a. All structures, including accessory structures, must be elevated on fill so that the lowest floor
including basement floor is at or above the regulatory flood protection elevation. The finished fill
elevation for structures shall be no lower than one foot below the regulatory flood protection elevation
• and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure
erected thereon.
b. As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet at its largest projection may be internally flood -
proofed in accordance with § 1101.04 Subd. 4.e.(3) of this chapter.
c. The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
d. The provisions of Subd. 5 of this section shall apply.
Subd. 3. Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance
with Subd. 2.a. and 2.b. of this section, or any use of land that does not comply with the standards in
Subd. 2.c. and 2.d. of this section, shall only be allowable as a conditional use. The cumulative
placement of fill where at any one time in excess of 100 cubic yards of fill is located on the parcel shall
be allowable only as a conditional use. An application for a conditional use shall be subject to the
standards and criteria and evaluation procedures specified in Subd. 4. and Subd. 5. of this section and §
1101.10 Subd. 4. of this chapter.
Subd. 4. Standards for flood fringe conditional uses.
a. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These alternative methods may
include the use of stilts, pilings, parallel walls and the like, or above - grade, enclosed areas such as crawl
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spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and
not a structure's basement or lowest floor if: (1) the enclosed area is above -grade on at least one side of
• the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and
(3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative
elevation methods are subject to the following additional standards:
(1) Design and certification. The structure's design and as -built condition must be certified
by a registered professional engineer or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing
and air conditioning equipment and other service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from entering or accumulating within these
components during times of flooding.
(2) Specific standards for above - grade, enclosed areas. Above - grade, fully enclosed areas
such as crawl spaces or tuck under garages must be designed to internally flood and the design plans
must stipulate:
(a) A minimum area of openings in the walls where internal flooding is to be used as a
flood - proofing technique. There shall be a minimum of two openings on at least two sides of the
structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch for every square foot subject to
flooding unless a registered professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of flood waters without any form of
human intervention; and
• (b) That the enclosed area will be designed of flood resistant materials in accordance with
the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access,
parking of vehicles or storage.
b. Basements, as defined by § 1101.02 Subd. 8.b. of this chapter, shall be subject to the
following:
(1) Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
(2) Non - residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry flood - proofed in accordance with Subd. 4.c., below.
c. All areas of non residential structures including basements to be placed below the regulatory
flood protection elevation shall be flood - proofed in accordance with the structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood - proofing must meet the FP -1 or FP -2
flood proofing classification in the State Building Code and this shall require making the structure
watertight with the walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood - proofed to the FP -3 or FP -4 classification shall not be permitted.
d. When at any one time more than 100 cubic yards of fill or other similar material is located on
• a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must
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be submitted and approved by the City Engineer. The plan must be prepared and certified by a
registered professional engineer. The plan may incorporate alternative procedures for removal of the
• material from the flood plain if adequate flood warning time exists.
e. Storage of materials and equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan approved by the City
Council.
f. The provisions of Subd. 5. of this section shall also apply.
Subd. 5. Standards for all flood fringe uses.
a. All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustment and Appeals must specify limitations on the period of use or
occupancy of the structure for times of flooding and only after determining that adequate flood warning
time and local flood emergency response procedures exist.
b. Commercial uses - accessory land uses, such as yards, and parking lots may be at elevations
lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by
• the employees or the general public shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation if the area would be inundated to a depth and velocity such that
when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four
upon occurrence of the regional flood.
c. Fill shall be properly compacted and the slopes shall be properly protected by the use of
riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100 -year flood elevation - FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
d. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Flood Insurance Rate Map.
Standards for recreational vehicles are contained in § 1101.09 Subd. 2. of this chapter.
f. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are
not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition
• to applicable state or local anchoring requirements for resisting wind forces.
(Ord. 405, passed 9 -13 -2004)
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1101.06 RESERVED FOR FUTURE USE.
• 1101.07 SUBDIVISIONS.
Subd. 1. Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts
shall be able to contain a building site outside of the Floodway District at or above the regulatory flood
protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with
the provisions of this chapter and have road access both to the subdivision and to the individual building
sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the
flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
Subd. 2. Removal of special flood hazard area designation. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi- structure or multi -lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
(Ord. 405, passed 9 -13 -2004)
1101.08 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
• Subd. 1. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the flood plain shall be flood proofed in accordance with the State
Building Code or elevated to above the regulatory flood protection elevation.
Subd. 2. Public transportation facilities. Railroad tracks, roads and bridges to be located within the
flood plain shall comply with §§ 1101.04 and 1101.05 of this chapter. Elevation to the regulatory flood
protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
Subd. 3. On -site sewage treatment and water supply systems. Where public utilities are not provided:
(1) on -site water supply systems must be designed to minimize or eliminate infiltration of flood waters
into the systems; and (2) new or replacement on -site sewage treatment systems shall not be allowed,
except where municipal sewer can not be extended to the property. Where allowed, on -site sanitary
sewer systems must be designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage treatment system designed in accordance with the
state's current statewide standards for on -site sewage treatment systems shall be determined to be in
compliance with this section.
(Ord. 405, passed 9 -13 -2004)
• 1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL
VEHICLES.
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Subd. 1. Manufactured homes.
a. The placement of new or replacement manufactured homes on individual lots of record that
• are located in flood plain districts will be treated as a new structure and may be placed only if elevated
in compliance with § 1101.05 of this chapter. If vehicular road access for pre- existing manufactured
homes is not provided in accordance with § 1101.05 Subd. 5.a., then replacement manufactured homes
will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to
the City Council.
b. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are
not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition
to applicable state or local anchoring requirements for resisting wind forces.
Subd. 2. Recreational vehicles. Recreational vehicles that do not meet the exemption criteria
specified in Subd. 2.a. below shall be subject to the provisions of this chapter and as specifically spelled
out in Subd. 2.c. and 2.d. below.
a. Exemption. Recreational vehicles are exempt from the provisions of this chapter if they are
placed in any of the areas listed in Subd. 2.b. below and further they meet the following criteria:
(1) Have current licenses required for highway use;
(2) Are highway ready, meaning on wheels or on an internal jacking system, are attached to
the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle
• parks and the recreational vehicle has no permanent structural type additions attached to it; and
(3) The recreational vehicle and associated use must be permissible in any pre- existing,
underlying zoning use district.
b. Areas exempted for placement of recreational vehicles.
(1) Individual lots or parcels of record.
(2) Existing condominium type associations.
c. New residential type subdivisions and condominium associations and the expansion of any
existing similar use exceeding five units or dwelling sites shall be subject to the following:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood
Fringe Districts provided the recreational vehicle and its contents are placed on fill above the regulatory
flood protection elevation and proper elevated road access to the site exists in accordance with §
1101.05 Subd. 5.a. of this chapter. No fill placed in the floodway to meet the requirements of this
section shall increase flood stages of the 100 -year or regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of subsection a.
above may, as an alternative, be allowed as a conditional use if in accordance with the following
• provisions and the provisions of § 1101.10 Subd. 4. of this chapter. The applicant must submit an
emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. The plan
shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate
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time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subd. 2.a.
(1) and (2), above will be met. All attendant sewage and water facilities for new or replacement
• recreational vehicles must be protected or constructed so as to not be impaired or contaminated during
times of flooding in accordance with § 1101.08 Subd. 3. of this chapter.
d. There shall be no development or improvement on the parcel or attachment to the
recreational vehicle that hinders the removal of the recreational vehicle to a flood -free location should
flooding occur.
(Ord. 405, passed 9 -13 -2004)
1101.10 ADMINISTRATION.
Subd. 1. Zoning Administrator. A Zoning Administrator or other official designated by the City
Council shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the
provisions of this chapter, the Zoning Administrator shall notify the person responsible for such
violation in accordance with the procedures stated in § 1101.12 of this chapter.
Subd. 2. Permit requirements.
a. Permit required. A permit issued by the Zoning Administrator in conformity with the
provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation
(including normal maintenance and repair), or alteration of any building, structure, or portion thereof,
prior to the use or change of use of a building, structure, or land; prior to the construction of a dam,
fence, or on -site septic system; prior to the change or extension of a nonconforming use; prior to the
repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the
placement of fill, excavation of materials, or the storage of materials or equipment within the flood
plain.
b. Application for permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations
of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing
in relation to the stream channel.
c. State and federal permits. Prior to granting a permit or processing an application for a
conditional use permit or variance, the Zoning Administrator shall determine that the applicant has
obtained all necessary state and federal permits.
d. Certificate ofzoning compliance for a new, altered, or nonconforming use. It shall be
unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof
hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a
certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use
of the building or land conforms to the requirements of this chapter.
e. Construction and use to be as provided on applications, plans, permits, variances and
certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance
• issued on the basis of approved plans and applications authorize only the use, arrangement, and
construction set forth in such approved plans and applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a
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violation of this chapter, and punishable as provided by § 1101.12 of this chapter.
f. Certification. The applicant shall be required to submit certification by a registered
• professional engineer, registered architect, or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this chapter. Flood proofing
measures shall be certified by a registered professional engineer or registered architect.
g. Record of first floor elevation. The Zoning Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all new structures and alterations or additions to
existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the
elevation to which structures or alterations and additions to structures are flood proofed.
h. Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine
situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to
the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for
a permit to work in the beds of public waters pursuant to M.S. Chapter 103G, this shall suffice as
adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be
submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
i. Notification to FEMA when physical changes increase or decrease the 100 year flood
elevation. As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of the technical or scientific data.
Subd. 3. Board of Adjustment and Appeals.
• a. Rules. The City Council, serving as the Board of Adjustment and Appeals, shall adopt rules
for the conduct of business and may exercise all of the powers conferred on such Boards by state law.
b. Administrative review. The Board of Adjustment and Appeals shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement or administration of this chapter.
c. Variances. The Board of Adjustment and Appeals may authorize upon appeal in specific
cases such relief or variance from the terms of this chapter as will not be contrary to the public interest
and only for those circumstances such as hardship, practical difficulties or circumstances unique to the
property under consideration, as provided for in the respective enabling legislation for planning and
zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment
and Appeals shall clearly identify in writing the specific conditions that existed consistent with the
criteria specified in this chapter, any other zoning regulations in the city, and in the respective enabling
legislation that justified the granting of the variance. No variance shall have the effect of allowing in
any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory
flood protection elevation for the particular area, or permit standards lower than those required by state
law. Applicants for variances are hereby notified that the grant of a variance will result in substantially
higher premium rates for flood insurance coverage. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
(1) Variances shall not be issued within any designated regulatory floodway if any increase
is in flood levels during the base flood discharge would result.
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(2) Variances shall only be issued upon: (a) a showing of good and sufficient cause; (b) a
determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
d. Hearings. Upon filing with the Board of Adjustment and Appeals of an appeal from a
decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment and
Appeals shall fix a reasonable time for a hearing and give due notice to the parties in interest as
specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed variances sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
e. Decisions. The Board of Adjustment and Appeals shall arrive at a decision on such appeal
or variance within the statutory time provided by M.S. § 15.99 Subd. 3.(e). In passing upon an appeal,
the Board of Adjustment may, so long as such action is in conformity with the provisions of this chapter,
reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the
Zoning Administrator or other public official. It shall make its decision in writing setting forth the
findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may
prescribe appropriate conditions and safeguards such as those specified in Subd. 4.c. of this section,
which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation of this
• chapter punishable under § 1101.12. A copy of all decisions granting variances shall be forwarded by
mail to the Commissioner of Natural Resources within ten days of such action.
f. Appeals. Appeals from any decision of the Board of Adjustment and Appeals may be made,
and as specified in the Shorewood Zoning Code and also by Minnesota Statutes.
g. Record keeping. The city shall maintain a record of all variance actions, including
justification for their issuance.
Subd. 4. Conditional uses. The City Council shall hear and decide applications for conditional uses
permissible under this chapter. Applications shall be submitted to the Zoning Administrator who shall
then forward the application to the Planning Commission for consideration.
a. Procedure. Conditional use permits shall be subject to the procedural requirements set forth
in § 1201.04. In addition, the following procedures shall be established:
(1) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the city staff for determining the suitability of the particular site for
the proposed use:
(a) Five copies of plans drawn to scale showing the nature, location, dimensions, and
elevation of the lot, existing or proposed structures, fill, storage of materials, flood - proofing measures,
is and the relationship of the above to the location of the stream channel; and
(b) Specifications for building construction and materials, flood - proofing, filling,
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dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
(2) Transmit one copy of the information described in subsection (1)(a) above to a
• designated engineer or other expert person or agency for technical assistance, where necessary, in
evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood
damage to the use, the adequacy of the plans for protection, and other technical matters.
(3) Mail one copy of the application to the Commissioner of Natural Resources sufficiently
in advance so that the Commissioner will receive at least ten days notice of the hearing.
(4) Based upon the technical evaluation of the designated engineer or expert, the City
Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed
use in relation to the flood hazard.
b. Factors upon which the decision of the City Council shall be based. In passing upon
conditional use applications, the City Council shall consider all relevant factors specified in other
sections of this chapter, and:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts or other hydraulic structures;
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(9) The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area;
vehicles;
(10) The safety of access to the property in times of flood for ordinary and emergency
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
• (12) Such other factors which are relevant to the purposes of this chapter.
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c. Conditions attached to conditional use permits. Upon consideration of the factors listed
above and the purpose of this chapter, the City Council shall attach such conditions to the granting of
• conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions
may include, but are not limited to, the following:
(1) Modification of waste treatment and water supply facilities;
(2) Limitations on period of use, occupancy and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
(4) Requirements for construction of channel modifications, compensatory storage, dikes,
levees and other protective measures; and
(5) Flood proofing measures, in accordance with the State Building Code and this chapter.
The applicant shall submit a plan or document certified by a registered professional engineer or architect
that the flood - proofing measures are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.
d. A copy of all decisions granting conditional use permits shall be forwarded by mail to the
Commissioner of Natural Resources within ten days of such action.
(Ord. 405, passed 9 -13 -2004)
• 1101.11 NONCONFORMING USES.
Subd. 1. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this chapter but which is not in conformity with the provisions of this chapter may be
continued subject to the following conditions. Historic structures, as defined in the 44 C.F.R. Part 59. 1,
shall be subject to the following provisions:
a. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
b. Any structural alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or use shall be protected to
the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood -
proofing techniques (such as FP -1 thru FP -4 flood proofing classifications) allowable in the State
Building Code, except as further restricted in Subd. l.c. and f. below.
c. The cost of any structural alterations or :additions to any nonconforming structure over the
life of the structure shall not exceed 50% of the market value of the structure unless the conditions of
this section are satisfied. The cost of all structural alterations and additions constructed since the
adoption of the community's initial flood plain controls must be calculated into today's current cost
which will include all costs such as construction materials and a reasonable cost placed on all manpower
or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the
current market value of the structure, then the structure must meet the standards of §§ 1101.04 and
1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively.
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d. If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this chapter.
e. If any nonconforming use or structure is substantially damaged, as defined in § 1101.02
Subd. 8. of this chapter, it shall not be reconstructed except in conformity with the provisions of this
chapter. The applicable provisions for establishing new uses or new structures in §§ 1101.04 and
1101.05 will apply, depending upon whether the use or structure is in the Floodway or Flood Fringe
District, respectively.
f. If a substantial improvement occurs, as defined in § 1101.02 Subd. 8. of this chapter, from
any combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing
nonconforming building, then the building addition (as required by Subd. l .b., above) and the existing
nonconforming building must meet the requirements of §§ 1101.04 and 1101.05 of this chapter for new
structures, depending upon whether the structure is in the Floodway or Flood Fringe District,
respectively.
(Ord. 405, passed 9 -13 -2004)
1101.12 PENALTIES FOR VIOLATION.
Subd. 1. Violation of the provisions of this chapter or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
• Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to:
a. In responding to a suspected ordinance violation, the city may utilize the full array of
enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -
the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these
official controls and to correct ordinance violations to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
b. When an ordinance violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation and document the
nature and extent of the violation of this chapter. As soon as is reasonably possible, this information
will be submitted to the appropriate Department of Natural Resources and Federal Emergency
Management Agency Regional Office along with the city's plan of action to correct the violation to the
degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this chapter
and all other official controls and the nature and extent of the suspected violation of these controls. If
the structure and /or use is under construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or approval is granted by the
community. If the construction or development is already completed, then the Zoning Administrator
• may either: (1) issue an order identifying the corrective actions that must be made within a specified
time period to bring the use or structure into compliance with the official controls; or (2) notify the
responsible party to apply for an after - the -fact permit/development approval within a specified period of
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time not to exceed 30 days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within
• the specified period of time, each additional day that lapses shall constitute an additional violation of
this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of
the specified response period, notify the landowner to restore the land to the condition which existed
prior to the violation of this chapter.
(Ord. 405, passed 9 -13 -2004)
1101.13 AMENDMENTS.
Subd. 1. The flood plain designation on the Flood Insurance Rate Map shall not be removed from
flood plain areas unless it can be shown that the designation is in error or that the area has been filled to
or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the
flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources
if he or she determines that, through other measures, lands are adequately protected for the intended use.
Subd. 2. All amendments to this chapter, including amendments to the Flood Insurance Rate Map,
must be submitted to and approved by the Commissioner of Natural Resources prior to adoption.
Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given ten days written notice of all hearings to consider an
amendment to this chapter and the notice shall include a draft of the ordinance amendment or technical
study under consideration.
Ord. 405 passed 9 -13 -2004
( �P )
1101.14 VIOLATIONS.
Subd. 1. Violation of the provisions of this chapter or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the City of Shorewood from taking other lawful
action as is necessary to prevent or remedy any violation. The actions may include but are not limited
to:
a. In responding to a suspected ordinance violation, the Zoning Administrator and Shorewood
may utilize the full array of enforcement actions available to it, including, but not limited to prosecution
and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance availability to the guilty party. Shorewood must
act in good faith to enforce these official controls and to correct ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
b. When an ordinance violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation and document the
• nature and extent of the violation of the official control. As soon as is reasonably possible, this
information will be submitted to the appropriate Department of Natural Resources and Federal
Emergency Management Agency Regional Office along with Shorewood's plan of action to correct the
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i ur ' , �_ vim.
violation to the degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this chapter
• and all other official controls and the nature and extent of the suspected violation of these controls. If the
structure or use is under construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or approval is granted by the city.
If the construction or development is already completed, then the Zoning Administrator may either:
(1) Issue an order identifying the corrective actions that must be made within a specified
time period to bring the use or structure into compliance with the official controls; or
(2) Notify the responsible party to apply for an after - the -fact permit/development approval
within a specified period of time not to exceed 30 days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within
the specified period of time, each additional day that lapses shall constitute an additional violation of
this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of
the specified response period, notify the landowner to restore the land to the condition which existed
prior to the violation of this chapter.
(1987 Code, § 1101.14)
Disclaimer:
This Code of Ordinances and /or any other documents that appear on this site may not reflect the most current legislation: adopted by the
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For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site please contact
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0
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Wetland Ordinance
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Shorewood, MN Code of Ordinances
TITLE I 100 FLOOD PLAIN AND WETLAND DEVELOPMENTS
CHAPTER _1102_ WETLAND _DEVELOPMFNTS
CHAPTER 1102
WETLAND DEVELOPMENTS
Section
1 Purpose and intent
1102.02 Definitions
... _... 11.....11._.._........
1102.03 Wetland Conservation Area and Map
1102 Conditions of development, restrictions
1. Earth change plan
1102..06 11 Subdivision standards
..........................11
1102.07 Land area within easements
1.. .102.08 Artificial obstructions
.............. .. _. _...
1102.09
...........11.11_.__._.... Variances .....
1102.10 Violation
.. ..................._...........
1102.11 . Vehicle restrictions
._ ......................
1102.01 PURPOSE AND INTENT.
Subd. 1. The City of Shorewood is a residential community located on the south shore of Lake
Minnetonka and it includes within its boundaries the largest portion of Christmas Lake, Silver Lake,
Lake Mary, a portion of Lake Virginia and Galpin Lake, together with numerous inlets, harbors, bays,
wetlands, woods and valleys. The name of this city denotes its character - -a city of shoreland, water and
woods -- natural assets its citizens hold in trust for future generations. It is in the public interest to protect
these assets against haphazard, uncoordinated and unplanned development which may affect in some
way lowlands, marshes, wetlands, swamps, lakes and watercourses within the city.
Subd. 2. Recognizing the obligation to protect these assets and natural resource gifts from destruction
and pollution of all kinds, and in order to carry out a program of coordinated .land and water
management, the following standards, prohibitions, regulations and requirements are hereinafter set
forth. In addition to the general purposes, the specific intent of this chapter is to:
a. Reduce danger to health by protecting surface and ground water supplies from the
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impairment which results from incompatible land uses by providing safe and sanitary drainage;
b. Permit and encourage planned development land uses which will not impede the flow of
flood water or cause danger to life or property;
c. Permit and encourage land uses compatible with the preservation of the natural vegetation
and marshes which are a principal factor in the maintenance of constant rates of water flow through the
year and which sustain many species of wildlife and plant growth;
d. Avoid fast runoff of surface waters from developed areas to prevent pollution materials such
as animal feces, motor oils, paper, sand, salt and other debris, garbage and foreign materials from being
carried directly into the nearest natural stream, lake or other public waters;
e. Prevent the development of structures in areas which will adversely affect the public passage
and use of creeks, marshes, lowlands and watercourses within,the city.
(1987 Code, § 1102.01)
1102.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ARTIFICIAL OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, bridge, conduit, pole, culvert, building, wire fences, fill, other structure or matter
in, along, across or projecting into the protected wetland conservation area.
NATURAL OBSTRUCTION. Any rock, tree, gravel or analogous natural matter that is an obstruction
and has been located within the wetland conservation area by a nonhuman cause.
SETBACK. The minimum horizontal distance between a building or structure and the nearest edge of a
wetland buffer. Distances are to be measured at ground level from the most outwardly extended portion
of any part of the structure.
WETLAND BUFFER. An area of vegetated ground cover, measuring 35 feet in depth, abutting a
wetland conservation area as provided in § 1102.03 of this code or abutting a wetland which is protected
by the Wetland Conservation Act of 1991 (hereinafter referred to as the WCA).
(1987 Code, § 1102.02) (Ord. 305, passed 8 -28 -1995)
1102.03 WETLAND CONSERVATION AREA AND MAP.
The wetland conservation area within the city, hereafter referred to as the protected area, is defined
and established to be the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary,
Silver Lake, Lake Virginia and the low areas adjoining any watercourse and drainageway or body of
water subject to meandering, flowing or overflow, including areas of marsh, wooded marsh, submerged
marsh and inundation area as shown upon the wetlands map. The Map is made a part of this chapter and
two copies thereof shall remain on file in the office of the City Administrator /Clerk for public
inspection.
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(1987 Code, § 1102.03)
1102.04 CONDITIONS OF DEVELOPMENT, RESTRICTIONS.
No filling, grading, dredging, excavation or construction shall be allowed within the wetland
conservation area if the activity is incompatible with the policies expressed in this chapter and the
preservation of those wetlands in their natural state, nor shall the shoreline of Lake Minnetonka, Galpin
Lake, Christmas Lake, Lake Mary, Silver Lake and Lake Virginia be changed in any way by fill or
excavation without an earth change plan being filed by the applicant to so do and a permit issued
hereunder by the City Council for the change.
(1987 Code, § 1102.04) (Ord. 70, passed 3 -12 -1973)
1102.05 EARTH CHANGE PLAN.
Landowners or developers desiring to develop land or construct any dwelling or any other artificial
obstruction or direct the flow of water from any underground water source, on land located within the
wetland conservation area or change the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake,
Lake Mary, Silver Lake and Lake Virginia within the city, shall first submit a plan of development,
hereinafter referred to as "an earth change plan, to the City Council which shall set forth proposed
provisions for sediment control, water management, maintenance of landscaped features and any
additional matters intended to improve or maintain the quality of the environment. The plan shall set
forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will
be made in the natural condition of the earth, including loss or change of earth ground cover, destruction
of trees, grade changes and its effect, if any, upon lakes, streams, watercourses and marshes, lowlands
• and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural
vegetation and grade changes as much as possible and shall affirmatively provide for the relocation or
replanting of as many trees as possible which are proposed to be removed. The purpose of the earth
change plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
(1987 Code, § 1 102.05) (Ord. 217, passed 7 -10 -1989)
1102.06 SUBDIVISION STANDARDS.
No part of any land within the wetland conservation area shall be platted for residential use or any
other use which will increase the danger to health, life, property or the public welfare. Whenever a
portion of the conservation area is located within the area to be subdivided, an adequate easement in
favor of the city over the lowlands shall be required for the purpose of improving and protecting the area
from drainage and other purposes expressed in this chapter. Streets, driveways and culverts shall not be
constructed or designed so as to restrict the flow of water and the same shall be approved by the City
Council.
Subd. 1. No part of any land within the wetland conservation area shall be platted for residential use
or any other use which will increase the danger to health, life, property or the public welfare. Whenever
a portion of the conservation area is located within the area to be subdivided, an adequate easement in
favor of the city over the lowlands shall be required for the purpose of improving and protecting the area
from drainage and other purposes expressed in this chapter. Streets, driveways and culverts shall not be
• constructed or designed so as to restrict the flow of water and the same shall be approved by the City
Council.
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Subd. 2. For lots created after 28 August 1995, or for those lots where a wetland buffer strip and
setback have been required as part of a subdivision development agreement, a buffer strip shall be
maintained abutting all wetland conservation areas as provided in § 1102.03 of this code and abutting
• WCA wetlands.
a. It is the responsibility of the subdivider to delineate the exact boundaries of wetland .
conservation areas as provided in § 1102.03 of this code and the boundaries of WCA wetlands. Wetland
delineations supplied by subdividers shall be certified by a qualified wetland delineator approved by the
U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources.
b. Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not
the wetland is on the same parcel as the development.
Buffer strip vegetation shall be preserved and maintained in its natural state.
d. For roadways that must be aligned either adjacent to or across wetlands and are subject to
WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required.
e. A survey monument is required at each lot line where it crosses a wetland buffer strip and as
necessary to adequately determine the location of the wetland buffer strip. These monuments shall
remain in place after site grading of the lot has been completed.
f. Wetland buffer strips and structure setbacks shall be as follows:
• wetland;
(1) Wetland buffer strip: minimum 35 feet from wetland conservation area or WCA
(2) Structure setback: minimum 15 feet from wetland buffer strip (fences and play
equipment may encroach into the structure setback area, but not into the wetland buffer strip).
(1987 Code, § 1102.06) (Ord. 305, passed 8 -28 -1995)
1102.07 LAND AREA WITHIN EASEMENTS.
Land area, if within the wetland conservation area designated as an easement, shall not be credited as
part of the area complying with the land use density or building unit to land area ratio, or other similar
requirements of the zoning ordinance. The exempt land area which is not to be developed and which is
designated as an easement shall not be subject to special assessment to defray cost of municipal
improvement projects, including and not limited to water, sanitary and storm sewer improvements.
(1987 Code, § 1102.07)
1102.08 ARTIFICIAL OBSTRUCTIONS.
If an artificial obstruction is found within the wetland conservation area, an order shall be issued to
the owner of the parcel, following ten days written notice and hearing thereon, for removal within a
reasonable time as may be prescribed by the condition and type of artificial obstruction. If the owner
• shall fail to remove the artificial obstruction, or if the owner cannot be found or determined, the city
shall have the power to make or cause the removal to. be made, the cost of which shall be borne by the
owner or specially assessed against the lands in the same manner as prescribed by law for the levy of
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special assessments for municipal improvements, notwithstanding § 1102.07 herein. The special
assessment shall be certified to the County Auditor for collection in the same manner as the ad valorem
real property taxes of the city.
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(1987 Code, § 1102.08)
1102.09 VARIANCES.
Subd. 1. Variances may be granted by the City Council upon application therefor in extraordinary
cases, but only when the proposed use is determined to be in the public interest and no variance shall be
granted which the Council determines will or has a tendency to:
a. Result in the placement of an artificial obstruction which will restrict the passage of storm
and flood water in a manner as to increase the height of flooding, except obstructions approved by the
Minnehaha Creek Watershed District in conjunction with sound flood plain management;
b. Result in incompatible land uses or which would be detrimental to the protection of surface
and ground water supplies;
c. Be not in keeping with land use plans and planning objectives for the city or which will
increase or cause danger to life or property;
d. Be inconsistent with the objectives of encouraging land uses compatible with the
preservation of the natural land forms, vegetation and the marshes and wetlands within the city.
Subd. 2. No permit or variance shall be issued unless the applicant has submitted an earth change plan
as required and set forth in § 1102.05 of this chapter.
Subd. 3. In granting any variance, the Council may attach the conditions as it deems necessary to
insure compliance with the policy or intent of this chapter.
(1987 Code, § 1102.09)
1102.10 VIOLATION.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
(1987 Code, § 1102.10) (Ord. 70, passed 3 -12 -1973) Penalty, see § 1.04._01
1102.11 VEHICLE RESTRICTIONS.
No person within a wetland conservation area shall:
Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on any turf or other area
not designated for parking or travel;
Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere within a
• wetland conservation area;
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Subd. 3. Operate a motorized vehicle;
• Subd. 4. Operate any watercraft within a wetland conservation area.
(1987 Code, § 1102.11) (Ord. 209, passed 5 -9 -1988)
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Shorewood Management Ordinance
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(a) Upon approval of the Development Stage Plan, and within the time established by
Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the
information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or
more stages. This plan will be reviewed and approved/denied by city staff, unless otherwise specified by
the City Council.
(b) Within 30 days of its approval, the applicant shall cause the Final Plan, or the portions
thereof as are appropriate, to be recorded with the County Registrar of Titles. The applicant shall
provide the city with a signed copy verifying county recording within 40 days of the date of approval.
(3) Building and other permits. Except as otherwise expressly provided herein, upon
receiving notice from the Zoning Administrator that the approved Final Plan has been recorded and
upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate
officials of the city may issue building and other permits to the applicant for development, construction
and other work in the area encompassed by the approved Final Plan; provided, however, that no permit
shall be issued unless the appropriate official is first satisfied that the requirements of all codes and
ordinances which are applicable to the permit sought have been satisfied.
(4) Limitations on Final Plan approval. Within one year after the approval of the Final Plan
for P.U.D., or shorter time as may be established by the approved development schedule, construction
shall commence in accordance with the approved plan. Failure to commence construction within the
period shall, unless an extension shall have been granted as hereinafter provided, automatically render
void the P.U.D. permit and all approvals of the P.U.D. plan and the area encompassed within the P.U.D.
shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in
the district in which it is located. In this case, the Council shall forthwith adopt an ordinance repealing
the P.U.D. permit and all P.U.D. approvals and re- establishing the zoning and other ordinance
provisions that would otherwise be applicable.
(5) Inspection during development.
(a) Compliance with overall plan. Following Final Plan approval of a P.U.D., or a stage
thereof, the Zoning Administrator shall, at least annually until the completion of development, review all
permits issued and construction undertaken and compare actual development with the approval
development schedule.
(b) Development not proceeding according to schedule. If the Zoning Administrator finds
that development is not proceeding in accordance with the approved schedule, or that it fails in any other
respect to comply with the P.U.D. plans as finally approved, he or she shall immediately notify the
Council. Within 30 days of the notice, the Council shall either by ordinance revoke the P.U.D. permit
and the land shall thereafter be governed by the regulations applicable in the district in which it is
located or shall take the steps as it shall deem necessary to compel compliance with the Final Plans as
approved or shall require the landowner or applicant to seek an amendment of the Final Plan.
(1987 Code, § 1201.25) (Ord. 180, passed 5 -19 -1986; Am. Ord. 411, passed 12 -13 -2004)
1201.26 S, SHORELAND DISTRICT.
Subd. 1. Shoreland Districts. The shorelands within the city are designated as shoreland districts and
the requirements set forth in this chapter shall govern development and other activities within these
districts. The classification of the shoreland areas shall govern the use, alteration and development of
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these areas according to the classification as per M.S., Chapter 105, and Minnesota Regulations parts
6120.2500 - 6120.3900.
Subd. 2. District application. The S District shall be applied to and superimposed upon all zoning
districts as contained herein as existing or amended by the text and map of this chapter. The regulations
and requirements imposed by the S District shall be in addition to those established for districts which
jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
Subd. 3. Boundaries. The boundaries of the Shoreland District are established within the following
distances from the ordinary high water level of the surface water depending on the size of the surface
water as indicated on the Shorewood Zoning Districts Map.
Surface Water
Distance (Feet)*
Greater than 10 acres (Table 1)
1,000
Rivers and streams (draining an area greater than
300 **
2 square miles)
Lake William
* The practical distance may be less whenever the waters involved are bounded by topographical
divides which extend landward from the waters for lessor distances and prevent flowage toward the
surface water.
* The distance requirement shall be increased to the limit of the flood plain when the flood plain is
greater than 300 feet.
• Subd. 4. Shoreland classification.
a. The surface waters affected by this section and which require controlled development of their
shoreland ( shoreland district) are shown on the map designated as the official "Zoning Districts Map of
the City of Shorewood" which is properly approved and made a part of the ordinance and filed with the
Zoning Administrator.
b. Surface waters generally greater than ten acres and given an identification number by the
State of Minnesota are defined in § 1201.02 and listed in Table 1 of this section. Other surface waters
affected by this chapter, generally having less than ten acres, are classified as wetlands and thus
regulated under the provisions of Shorewood Ordinance 70 (Chapter 1102 of the City Code).
•
TABLE 1
SURFACE WATER DISTRIBUTION
DNR Identification Number
Name
Classification
27 -133
Lake Minnetonka
GD
27 -142
Lake William
GD
27 -137
Christmas Lake
RD
27 -144
Galpin Lake
GD
10 -15
Virginia Lake
RD
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27 -145
Como Lake
RD
27 -136
Silver Lake
NE
—
Purgatory Creek
GD
Subd. 5. Minimum lot and setback requirements.
a. The following chart sets forth the minimum area setbacks and other requirements of each
respective classification:
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NENatural
RD Recreational
GD General
Environment
Development
Development
(1) Min. lot size above normal high
40,000 sq. ft.
20,000 sq. ft.
15,000 sq. ft.
water mark
20,000 sq. ft.
15,000 sq. ft.
15,000 sq. ft.
Abutting water
Nonabutting
(2) Lot width at lakeshore setback*
125 ft.
75 ft.
75 ft.
(3) Setback from ordinary high water
150 ft.
75 ft.
50 ft.
level*
(4) Setback from public street*
50 ft.
50 ft.
50 ft.
Abutting federal, state or county road
30 ft.
30 ft.
30 ft.
Abutting town or public road
(5) Max. impervious surface to area
25%
25%
25%
ratio
(6) Max. building height (feet)
35 ft.**
35 ft.**
35 ft.**
(7) Side yard setback (lots abutting
30 ft. total/ 10 ft.
30 ft. total/ 10 ft.
30 ft. total/ 10 ft.
water)
min.***
min.***
min.***
(8) Setback of roads, parking or
50 ft.
50 ft.
50 ft.
impervious surface areas from ordinary
high water level****
(9) Structure height (lowest floor) above
3 ft.
3 ft.
3 ft.
high water elevation* * * *
* Setback requirements from the ordinary high water level shall not apply to stairs, lifts, piers and
docks. Where development exists on both sides of a proposed building site, building setbacks may be
altered to more closely conform to adjacent building setbacks.
* *Building heights may be increased as provided in § 1201.03, Subdivision 4c.
** *Subject to regulations and exceptions as provided in §§ 1201.10 through 1201.23.
* * * * Where feasible and practical, all roads and parking areas shall meet the setback requirements
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established for structures in (3) above. Natural vegetation or other natural materials shall be required
in order to screen parking areas when viewed from the water. Parking areas of more than four spaces
shall be screened in accordance with a landscaping plan submitted and approved by the City Council.
* * * * *Does not include piers and docks.
b. Substandard lot. Any lot of record filed in the office of the Hennepin County Registrar of
Deeds on or before the effective date of this chapter, which does not meet the area requirements of this
chapter may be allowed as a building site subject to approval of a shoreland impact plan and provided:
(1) The lot meets all standards of the applicable zoning use district;
(2) The lot is in separate ownership from abutting lands;
(3) Except for lot area, all other sanitary and dimensional requirements of the Shoreland
District are complied with insofar as practical (70% width and area requirements).
c. Placement of structures. Placement of structures shall comply with the provisions of
Shorewood Ordinance 109 (Chapter 1101, Flood Control Regulations of the City Code).
d. Bluff impact zones. Structures and accessory facilities, except stairways, lifts and landings,
must not be placed within bluff impact zones.
Subd. 6. Development regulations.
to a. Landowners or developers desiring to develop land or construct any dwelling or any other
artificial obstruction on land located within any Shoreland District within the city shall first submit a
conditional use permit application as regulated by § 1201.04 and a plan of development hereinafter
referred to as "Shoreland Impact Plan," which shall set forth proposed provisions for sediment control,
water management, maintenance of landscaped features and any additional matters intended to improve
or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by
the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the
earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes.
The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade
changes as much as possible and shall affirmatively provide for the relocation or replanting of as many
trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be
to eliminate as much as possible potential pollution, erosion and siltation.
(1) Exceptions.
(a) No conditional use permit or shoreland impact plan shall be required for the
development of permitted accessory uses contained within the R -lA, R -113, R -1C, R -2A, R -213 or R -2C
Districts.
(b) No conditional use permit or shoreland impact plan shall be required for the
development of permitted uses contained within the R -IA, R -1B, R -1C, R -2A, R -213 or R -2C Districts,
provided that the uses are constructed on standard lots when abutting a shoreline and that all the uses are
serviced with public sanitary sewer.
(c) The provisions otherwise set forth in this chapter and in other applicable local
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ordinances shall apply to all plats except Planned Unit Development.
(2) Subdivision. No land shall be subdivided which is determined by the city or the
Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil
and rock formations with severe limitations for development, severe erosion potential, unfavorable
topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be
harmful to the health, safety or welfare of the future residents of the proposed subdivision or the
community.
b. Sewage and waste disposal. Any premises used for human occupancy shall be provided with
public sanitary sewer disposal.
C. Water supply. Any private supply of water for domestic purposes shall conform to Minnesota
Department of Health Standards for water quality. Private wells shall be placed in areas not subject to
flooding and up slope from any source of contamination. Wells already existing in areas subject to
flooding shall be floodproofed in accordance with city standards.
d. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.
Stairways and lifts must meet the following design requirements:
(1) Stairways and lifts must not exceed four feet in width;
(2) Landings for stairways and lifts must not exceed 32 square feet in area;
1 * ( 3) Canopies or roofs are not allowed on stairways, lifts or landings;
(4) Stairways, lifts and landings may be either constructed above the ground on posts or
pilings or placed into the ground, provided they are designed and built in a manner that ensures control
of soil erosion;
(5) Stairways, lifts and landings must be located in the most visually inconspicuous portions
of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever
practical;
(6) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are
also allowed for achieving access to shore areas, provided that the dimensional and performance
standards of items (1) to (5) above are complied with in addition to the requirements of Minnesota
Regulations, Chapter 1340.
Subd. 7. Shoreland alteration.
a. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to
consume nutrients in the soil and to preserve shoreland aesthetics.
(1) Clearcutting is prohibited within required setback areas and except as necessary for
placing public roads, utilities, structures and parking areas.
18 (2) Natural vegetation shall be restored insofar as feasible after any construction project.
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(3) Selective cutting of trees and underbrush is allowed as long as sufficient cover is left to
make cars and structures visually inconspicuous when viewed from the water.
. b. Grading and filling:
(1) Grading and filling within Shoreland Districts, or any alteration of the natural
topography where the slope of land is toward a public water or watercourse leading to a public water
must be approved by the Building Official and a permit obtained prior to the commencement of any
work thereon. The permit may be granted subject to the conditions that:
(a) No more than one -third of the surface area of a lot shall be devoid of vegetative
ground cover at any time;
(b) Temporary ground cover such as mulch shall be used and permanent cover such as
sod shall be planted as soon as possible;
(c) Methods to prevent erosion and trap sediment shall be employed in accordance with
the Shorewood Subdivision Ordinance (Chapter 1202 of this code);
(d) Fill shall not be placed in areas lower in elevation than the normal high water mark;
(e) Fill shall be stabilized according to accepted engineering standards;
(f) Fill shall not restrict a floodway or destroy the storage capacity of a flood plain;
(g) The maximum slope of the finished surface which slopes toward a water body or a
watercourse leading to the water body shall be three units horizontal to one vertical;
(h) No grading or filling shall be permitted within shore and bluff impact zones;
(i) Plans to place fill or excavated material on steep slopes must be reviewed and
approved by the City Engineer for continued slope stability and must not create finished slopes greater
than three units horizontal to one vertical;
0) Placement of natural rock riprap, including associated grading of the shortline and
placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to
one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and
the height of the riprap above the ordinary high water level does not exceed three feet;
(2) Any work which will change or diminish the course, current or cross section of a public
water must be approved by the Department of Natural Resources as per M.S. § 105.44 before the work
is begun. This includes construction of channels and ditches, lagooning, dredging of lake bottom for the
removal of muck, silt or weeds and filling the lake bed, including low lying marsh areas. Approval shall
be construed to mean the issuance by the Commissioner of the Department of Natural Resources of a
permit under the procedures of M.S. § 42 and other related statutes;
(3) Excavation on shorelands where the intended purpose is connection to a public water,
such as boat slips, canals, lagoons and harbors, shall require a permit from the Building Official prior to
commencement of construction. The permit shall be obtained only after the Commissioner of the
Department of Natural Resources has approved the proposed connection to public waters. Approval will
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be given only if the proposed work is consistent with applicable state regulations for work in beds of
public waters.
c. Steep slopes. The Zoning Administrator must evaluate possible soil erosion impacts and
development visibility from public waters before issuing a permit for construction of roads, driveways,
structures or other improvements on steep slopes. When determined necessary, conditions must be
attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures,
vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf -on
vegetation.
Subd. 8. Stormwater management. The following general and specific standards shall apply.
a. General standards.
(1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must
be used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(2) Development must be planned and conducted in a manner that will minimize the extent
of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed
areas must be stabilized and protected as soon as possible and facilities or methods used to retain
sediment on the site.
(3) When development density, topographic features and soil and vegetation conditions are
not sufficient to adequately handle stormwater runoff using natural features and vegetation, various
types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways
and ponds may be used. Preference must be given to designs using surface drainage, vegetation and
infiltration rather than buried pipes and man- made materials and facilities.
b. Specific standards.
(1) Impervious surface coverage of lots must not exceed 25% of the lot area, except as
provided in § 1201.03 Subd. 2.u. of this code.
(2) When constructed facilities are used for stormwater management, documentation must
be provided by a registered engineer licensed in the State of Minnesota that they are designed and
installed consistent with the field office technical guide of the local soil and water conservation districts.
(3) New constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
Subd. 9. Planned Unit Development. The Planned Unit Development provisions contained in §
1201.06 may be utilized within a Shoreland District, when consistent with the provisions of this section
and provided that the following requirements are satisfactorily met:
a. Preliminary plans shall be approved by the Department of Natural Resources prior to city
approval;
b. Sufficient open space is preserved through the use of restrictive deed covenants, public
is dedications and the like;
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c. The following factors are carefully evaluated to insure that any increased density of
development is consistent with the resource limitations of the public water:
. (1) Suitability of the site for the proposed use;
(2) Physical and aesthetic impact of any increased density;
(3) Level of current development;
(4) Amount and ownership of undeveloped shoreland;
(5) Levels and types of water surface use and public access;
(6) Possible effects on overall public use;
d. Any commercial, recreational, community or religious facility allowed as part of the planned
unit development conforms to all applicable federal and state regulations, including, but not limited to
the following:
(1) Licensing provisions or procedures;
(2) Waste disposal regulations;
(3) Water supply regulations;
4D (4) Building codes;
(5) Safety regulations;
(6) Regulations concerning the appropriate use of public waters as defined in M.S.; Chapter
105, as may be amended;
(7) Applicable regulations of the Minnesota Environmental Quality Board;
(8) Storm sewer;
e. The final P.U.D. plan shall not be modified or altered in any way without written approval
from the Department of Natural Resources;
f. P.U.D.'s incorporating shoreline recreational facilities such as beaches, docks or boat
launching facilities and the like shall be designed that the facilities are centralized for common
utilization.
Subd. 10. Variance. Variances may be granted by the City Council upon application as required in §
1201.05 of this chapter in extraordinary cases, but only when the proposed use is determined to be in the
public interest and no variance shall be granted which the Council determines will or has a tendency to:
a. Result in the placement of an artificial obstruction which will restrict the passage of storm
and flood water in a manner as to increase the height of flooding, except obstructions approved by the
U.S. Army Corps of Engineers in conjunction with sound flood plain management;
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b. Result in compatible land uses or which would be detrimental to the protection of surface and
ground water supplies;
• c. Be not in keeping with land use plans and planning objectives for the city or which will
increase or cause danger to life or property;
d. Be inconsistent with the objectives of encouraging land use compatible with the preservation
of the natural land forms, vegetation and the marshes and wetlands within the city. No permit or
variance shall be issued unless the applicant has submitted a Shoreland Impact Plan as required and set
forth in this chapter. In granting any variance, the Council may attach the conditions as they deem
necessary to insure compliance with the purpose and intent of this chapter.
Subd. 11. DNR notification procedure.
a. Copies of all notices of any public hearings to consider variances, amendments or conditional
uses under this section shall be received by the Commissioner of the Department of Natural Resources at
least ten days prior to the hearings.
b. A copy of amendments and final decisions granting variances or conditional uses under this
section shall be received by the Commissioner of the Department of Natural Resources within ten days
of final action or amendment.
Subd. 12. Effect ofpermit. The granting of any permit, variance or subdivision approval under
provisions of this section shall in no way affect the owner's capability to obtain the approval required by
any other statute, ordinance or legislation of any state agency or subdivision thereof. Approval may be
expressly given in conjunction with other permits applied for, but no approval shall be implied from the
grant of the permits nor from the necessity to apply for a permit as described herein.
(1987 Code, § 1201.26) (Ord. 261, passed 11 -30 -1992; Am. Ord. 382, passed 3 -25 -2002; Am. Ord.
420, passed 2 -13 -2006)
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