1997 Ord
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CITY OF SHOREWOOD
ORDINANCE NO. 318
AN ORDINANCE RELATING TO TRANSIENT MERCHANTS, SOLICITOR$,
PEDDLERS, CANVASSERS AND GARAGE SALES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 308.11 of the Shorewood Code of Ordinances is hereby amended to read as follows:
308.11 :
LICENSE LIMITATIONS:
Subd. 1. All license holders are required to exhibit their licenses at the request of any citizen.
Subd. 2. No license issued under the provisions of this Chapter shall be used at any time by any person
other than the one to whom it is issued.
Subd. 3. No license holder, nor any person in their behalf, shall shout, blow a horn, ring a bell or use
any sound devices, upon any of the streets, alleys, parks or other public places of the City or upon
any private premises in the City.
Subd. 4. It shall be the duty of any police officer of the City to require any person seen peddling or
engaging in like activities, and whom is not known to such officer to be duly licensed, to produce
his license and to enforce the provisions of this Chapter against any person when in violation of the
same.
Subd. 5. Failure of any person to comply with any of the ordinances of the City or the laws of the State
shall be grounds for suspending or revoking a license granted under this Chapter.
Subd. 6. Door-to-door activities allowed under the provisions of this Chapter shall be restricted to hours
between nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M.
Section 2. This Ordinance shall be in full force and effect from and after its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA this 13th day of January, 1997. _,
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Tom Dahlberg I
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ATTE~T:
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J ame~ c. Hurm, Cit
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CITY OF SHOREWOOD
ORDINANCE NO. 319
AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT
ESTABLISHMENTS WITHIN THE CITY OF SHOREWOOD AND DIRECTING A
STUDY TO BE CONDUCTED.
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
BACKGROUND:
Subd. 1. The State Attorney General has prepared a report entitled "Report of the Attorney
General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6,
1989, prepared by Hubert H. Humphrey, ill, Attorney General of the State of
Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated
March 2, 1988, and "A 40-Acre Study" prepared by the St. Paul Division of Planning in
1987, all of which reports are hereafter collectively referred to as "Reports". The Reports
considered evidence from studies conducted in Minneapolis and St. Paul and in other cities
throughout the country relating to sexually oriented businesses.
Subd. 2. The Attorney General's Report, based upon the above referenced studies and the
testimony presented to it has concluded "that sexually oriented businesses are associated
with high crime rates and depression of property values." In addition, the Attorney
General's Working Group" ... heard testimony that the character of a neighborhood can
dramatically change when there is a concentration of sexually oriented businesses adjacent
to residential property." The Report concludes that:
a. adult uses have an impact on the neighborhoods surrounding them which is distinct
from the impact caused by other commercial uses;
b. residential neighborhoods located within close proximity to adult theaters,
bookstores and other adult uses experience increase crime rates (sex-related crimes in
particular), lowered property values, increased transiency, and decreased stability of
ownership;
c. the adverse impacts which adult uses have on surrounding areas diminish as the
distance from the adult uses increases;
d. studies of other cities have shown that among the crimes which tend to increase
either within or in the near vicinity of adult uses are rapes, prostitution, child molestation,
indecent exposure and other lewd and lascivious behavior;
e. the City of Phoenix, Arizona study confIrmed that the sex crime rate was on the
average 500 percent higher in areas with sexually oriented businesses;
f. many members of the public perceive areas within which adult uses are located as
less safe than other areas which do not have such uses;
g. studies of other cities have shown that the values of both commercial and residential
properties either are diminished or fail to appreciate at the rate of other comparable
properties when located in proximity to adult uses; and
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h. the Indianapolis, Indiana study established that professional real estate appraisers
believe that an adult bookstore would have a negative effect on the value of both residential
and commercial properties within a one to three block area of the store.
Subd. 3. The City Council finds the characteristics of Shorewood are similar to those of the cities
cited by the Reports when considering the affects of adult uses.
Subd. 4. The City Council finds, based upon the Reports and the studies cited therein, that adult
uses will have secondary effects upon certain pre-existing land uses within the City.
Subd.5. The City's zoning ordinance does not address such adult uses which have been found by
other municipalities to cause similar adverse secondary effects.
Subd. 6. The City Council is concerned that the City's zoning ordinance may be inadequate in its
scope and in its restrictions to accomplish the purpose for which it was intended.
Subd. 7. In addition to the proper zoning classification of such uses, there are a number of
significant planning and land use issues pertaining to the regulation of such uses, including
the following:
a. The particular zoning districts in which such uses should be allowed as either
permitted or conditional uses.
b. The concentration and density of such uses in the City and its neighborhoods.
c. The effect of such uses on other uses in the surrounding area.
Subd. 8. There is a need for a study to be conducted so that the City can adopt a set of
comprehensive plans and land use zoning regulations pertaining to adult establishment
uses. Such a study will address the land use and zoning issues, including those referenced
above.
Subd. 9. There is a need for an interim ordinance to be adopted for the purpose of protecting the
planning process and the health, safety, and welfare of the citizens of the City and to ensure
that the City and its citizens retain the benefits of the City's comprehensive plan and zoning
ordinance until such a study has been completed. There is a need to restrict such uses until
such a study has been completed and any modifications to the City's zoning and land use
regulations are accomplished.
Subd. 10. The City Council has directed that such a study be undertaken.
Subd. 11. Minnesota Statutes, section 462.355, subdivision 4 permits the adoption of interim
zoning ordinances during the planning process.
Section 2:
DEFINITIONS:
Subd. 1. Adult Establishments. An adult establishment is any establishment in which an adult use
comprises more than 10 percent of the floor area of the establishment in which it is located
or which comprises more than 20% of the gross receipts of the entire business operation.
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Subd. 2. Adult Use. An adult use is any of the activities and businesses described below:
a. Adult Use - Body Painting Studio: An establishment or business which provides
the service of applying paint or other substance, whether transparent or non-transparent, to
the body of a patron when such body is wholly or partially nude in terms of "specified
anatomical areas."
b. Adult Use - Bookstore: A building or portion of a building used for the barter,
rental or sale of items consisting of printed matter, pictures, slides, records, audio tape,
videotape, or motion picture film if such building or portion of a building is not open to the
public generally but only to one or more classes of the public, excluding any minor by
reason of age, and if a substantial or significant portion of such items are distinguished and
characterized by an emphasis on the depiction or description of "specified sexual activities"
or "specified anatomical areas."
c. Adult Use - Cabaret. A building or portion of a building for providing dancing or
other live entertainment, if such building or portion of a building excludes minors by virtue
of age and if such dancing or other live entertainment is distinguished and characterized by
an emphasis on the presentation, display, depiction or description of "specified sexual
activities" or specified anatomical areas."
d. Adult Use - Companionship Establishment: A companionship establishment which
excludes minors by reason of age, and which provides the service of engaging in or
listening to conversation, talk or discussion between an employee of the establishment and
a customer, if such service is distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
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e. Adult Use - ConversationlRap Parlor: A conversation/rap parlor which excludes
minors by reason of age, and which provides the services of engaging in or listening to
conversation, talk, or discussion, if such service is distinguished and characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
f. Adult Use - Health/Sport Club: A health/sport club which excludes minors by
reason of age, if such club is distinguished and characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
g. Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from
which minors are specifically excluded from patronage and where material is presented
which is distinguished and characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas."
h. Adult Use - Massage Parlor, Health Club: A massage parlor or health club which
restricts minors by reason of age, and which provides the services of massage, if such
service is distinguished and'characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
i. Adult Use - Mini-Motion Picture Theater: A building or portion of a building with a
capacity for less than 50 persons used for presenting material if such material is
distinguished and characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas."
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j. Adult Use - Modeling Studio: An establishment whose major business is the
provision, to customers, of figure models who are so provided with the intent of providing
sexual stimulation or sexual gratification to such customers and who engage in "specified
sexual activities" or display "specified anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
k. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per machine at anyone
time, and where the images so displayed are distinguished and characterized by an
emphasis on depicting or describing "specified sexual activities" or "specified anatomical
areas."
1. Adult Use - Motion Picture Theater: A building or portion of a building with a
capacity of 50 or more persons used for presenting material if such building or portion of a
building as a prevailing practice excludes minors by reason of age or if such material is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas" for observation by patrons therein.
m. Adult Use - Novelty Business: A business involving the sale of novelties or
devices which either simulate human genitals or are designed for sexual stimulation or
devices, or novelties or devices depicting "specified sexual activities" or "specified
anatomical areas."
n. Adult Use - Sauna: A sauna which excludes minors by reason of age, and which
provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service
provided by the sauna is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
o. Adult Use - Steam RoomlBathhouse Facility: A building or portion of a building
used for providing a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent if such building or portion of a building restricts minors by reason of age
and if the service provided by the steam roomlbathhouse facility is distinguished and
characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas."
Subd.3. Specified Anatomical Areas:
a. Less than completely and opaquely covered human genitals, pubic region, buttock,
anus, or female breast(s) below a point immediately above the tope of the areola; and
b. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Subd. 4. Specified Sexual Activities:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
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context of a sexual relationship, and any of the following sexually-oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
d. Fondling or touching of nude human genitals, pubic region, buttocks, or female
breast(s); or
e. Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, and who are engaged in activities
involving the flagellation, torture, fettering, binding or other physical restraint of any such
persons; or
f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal
by a human being; or
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Human excretion, urination, menstruation, vaginal or anal irrigation.
Section 3:
PLANNING AND ZONING STUDY; MORATORIUM:
Subd. 1. A study is authorized to be conducted by City staff to determine how adult establishment
uses should be regulated within the City. The scope of the study should include, but is not
limited to, the following:
a. the particular zoning districts in which adult establishments should be allowed as
either permitted or conditional uses;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area.
Subd.2. Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
Subd.3. A moratorium on the development or location of adult establishments is adopted pending
completion of the study and the adoption of any amendments to the City's zoning
ordinance. During the term of this ordinance, no adult establishment shall be located less
than 1000 feet from any residential structure, public day care, library, park, religious
institution, playground or other public recreational facility in any zoning district.
Section 4: ENFORCEMENT: The City may enforce any provision of this ordinance by
mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction.
Section 5 : SEPARABILITY: Every section, provision or part of this ordinance is declared
separable from every section, provision or part of this ordinance. If any section, provision, or part
of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this ordinance.
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Section 6: DURATION: This ordinance shall remain in effect for one year from the date of
its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended.
Section 7: EFFECTIVE DATE: This ordinance shall be in full force and take effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 24th day of March, 1997.
ATTEST:
a
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om Dahlberg, Mayor
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CITY OF SHOREWOOD
ORDINANCE NO. 320
AN ORDINANCE AMENDING CHAPTER 302 OF THE SHOREWOOD
CITY CODE PROVIDING FOR SALE OF CIGARETTES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby amended to read
as follows:
Subd. 1. STATE STATUTES ADOPTED: The provisions of Minnesota Statutes Section
325E.075, Subd. 1 and Subd. 2, relating to the sale of tobacco by vending
machines are adopted and made a part of this Chapter as if set out in full herein.
Subd. 2. SALES TO MINORS: No persons shall sell or give away any cigarette,
cigarette paper, chewing tobacco or other tobacco products to any person below the
age of eighteen (18) years.
Subd. 3. SELLING CERTAIN PRODUCTS PROHIBITED: No person shall keep for
sale, sell or dispose of any cigarette containing opium, morphine, jimson weed,
bella donna, strychnia, cocaine, marijuana or any other deleterious or poisonous
drug except nicotine.
Subd. 4. VIOLATION: Any person violating any provision of this Chapter is guilty of a
misdemeanor, unless a different penalty is specified by State Statute.
Section 2. This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 28th day of April, 1997.
D~~,jd
om Dahlberg, Ma~ r
ATTEST:
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ORDINANCE NO. 321
AN ORDINANCE AMENDING THE SHOREWOOD ZONING ORDINANCE
RELA TING TO ACCESSORY BUILDINGS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Section 1201.02 Subd. 7 is hereby amended by adding the following:
"GREENHOUSE: An enclosed building, constructed at least seventy-five percent
(75%) of glass or similar other transparent or translucent, rigid material, which is
used to maintain suitable conditions under which plants may be grown."
Section 2. Section 1201.03 Subd. 2.d.(4) is hereby amended to read:
"(a) The total area of accessory buildings shall not exceed the floor area of all stories
above grade of the principal structure. The City Council may grant an exception for
greenhouses, as defined herein, under the following conditions:
(i) The lot on which the greenhouse is to be located shall contain a minimum of
80,000 square feet of area. In no case shall the lot area be reduced to less than
80,000 square feet in area.
(ii) Side yard setbacks for the greenhouse shall be double that required for the
district in which the property is located.
(iii) The property owner shall landscape around accessory buildings according to a
landscape plan approved by the City Council.
(iv) In no case shall the total area of accessory buildings exceed seven percent (7%)
of the minimum lot area for the district in which the property is located."
Section 3. This Ordinance shall be in full force and effect from and after its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 12th day of May, 1997.
ATTEST:
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ORDINANCE NO.~
AN ORDINANCE RELATING TO WATER TRUNK CHARGES AND
SPECIAL ASSESSMENTS; AMENDING SHOREWOOD CITY CODE
SECTIONS 903.18, SUBD. 6 AND 1301.02
THE CITY COUNCIL OF THE CITY OF SHOREWOOD.
MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as
follows:
Section 1. Section 903.18, Subd. 6 is amended as follows:
Subd. 6 - Assessment Method
a. Unit Method
Assessments for City water shall be made in accordance with the formula in the
following table:
Formula
Existing Future
Land Use Lot of RecordlUnits Newly Created Lots or
Units
Single Family R T
Multiple Family* R + 0.25 RU T + 0.25 TU
Property Zoned 1.5R .75 T Uc+ .5 T Uc
Commercial But Not
Yet Used as Such
Zoned and Developed as 1.5 R Uc .75 T Uc+ .5 T Uc
Commercial Property
-- -^ ..;;. T (40,000 s.f. ofland or less)
Schools, Churches, R (40,000 s.f. or land or less)
Government, and Other
Nonresidential 1.5R (over 40,000 s.f. of
land)
1.5 T (over 40,000 s.f. of land)
In addition to the above, developers of new subdivisions will be required to install lateral
mains, services and appurtenant items at the time of platting.
New assessment charges applied against newly divided or developed land shall be credited
the amount of assessment charges against the original parcel.
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T = Trunk Charge: An assessment due at the time a new lot is created. This charge
may be levied under any of the following circumstances: a) water is available,
b) water will be made available pursuant to a subdivision agreement, or c) the
developer requests that the assessment be levied to avoid the obligation to pay
water connection fees at a later date.
R = An assessment levied against a lot when water becomes available.
u = # of dwelling units.
Uc = Number of equivalent residential units.
* Multiple family dwellings include those buildings designed with two or more
dwelling units. For the purposes of this ordinance, no more than 12 dwelling
units will be allowed for each base rate ( R ) applied. Assessment fees and
trunk charges are per structure.
b. Comer Lots. Shall be assessable when water becomes available.
Section 2. Those parts of the Table in Shorewood City Code Section 1301.02 shown
below are amended as follows:
I. TYPE OF
CHARGElFEE
CITY CODE
REFERENCE
903.18.06
903.03.3
CHARGElFEE
Water Trunk Charge
10,000.00
Water Connection Fee
Connection fee shall be the same as
the amount specified in Section
903.18, Subd. 6.a. less any
amounts previously paid for trunk
water improvements as special
assessments or for trunk charges at
the time of subdivision of land
pursuant to Section 903.18, Subd.
6.a.
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Section 3. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 9th day of June, 1997.
ATTEST
VLA- C_
C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
read:
Section 1201.03 Subd. l1.d.(2) of the Shorewood City Code is hereby amended to
"(2) Except as provided in paragraph (5) below all nonconforming and prohibited
signs created by this Ordinance except those signs exempted by State statutes shall be
removed or brought into conformity with this Ordinance within the following time
periods:"
Section 2:
add:
Section 1201.03 Subd. l1.d. of the Shorewood City Code is hereby amended to
"(5) Notwithstanding provisions to the contrary within this Subdivision,
nonconforming off site directional signs located on public rights-of-way may continue
upon a finding by the City Council that:
(a) The sign is reasonably necessary to provide direction to the business which is
advertised by the sign.
(b) The sign (or a substantially similar predecessor) has been at the location for at
least 20 years.
(c) The sign has not represented a safety hazard or an obstruction to ordinary
roadway maintenance activities.
The Council may condition such permission upon the owner of the establishment entering
into an agreement with the City addressing matters including liability, indemnity of the
City, circumstances calling for removal of the sign, permit fees, and other matters deemed
appropriate by the City.
In lieu of permitting the existing sign to remain at its existing location the City Council may
authorize the location of a substitute sign in the existing location or a different location."
Section 3:
to read:
Section 1201.03 Subd. l1.e.(1)(b) of the Shorewood City Code is hereby amended
"(b) Institution Signs: One (1) freestanding sign not to exceed twenty (20) square
feet in area. Such freestanding sign may be indirectly illuminated and shall not
exceed a height of eight feet (8') above grade. Freestanding signs located adjacent
to intermediate or minor arterial streets, as identified in the Shorewood
Comprehensive Plan, may be internally lit. In addition, one (1) wall sign may be
allowed by conditional use permit, subject to the following:
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The total area of signage, including the wall sign, shall not exceed
five percent (5%) of the building silhouette as viewed from the
street.
11. The wall sign may be indirectly illuminated."
Section 4: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this
26th day of October, 1997.
ATTEST:
s C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO.
324
AN ORDINANCE AMENDING
SHOREWOOD CITY CODE CHAPTER 1100
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS that the City Code of the City of Shorewood is amended as follows:
Section 1. Section 1103 is added to Chapter 1100 as follows:
Subd. 1 - PUl:pose. It is the policy of the City to recognize and preserve existing natural resources
of the community. In its effort to maintain the wooded character of the area, the City
finds that trees provide numerous benefits, including: stabilization of the soil by the
prevention of erosion and sedimentation, reduction of stormwater runoff, improvement
of air quality, reduction of noise pollution, control of urban heat island effect, protection
and increase of property values, protection of privacy, energy conservation through
natural insulation providing habitat for birds and other wildlife and conservation and
enhancement of the City's physical and aesthetic environment. The purpose of these
regulations is to preserve and protect significant trees or stands of trees whose loss due
to land disturbances associated with the process of development or construction would
adversely effect the City's existing natural resources. The regulations also recognize
that despite the best efforts of the City and developers and property owners, trees will
occasionally be lost in the development and construction process. In such instances,
these regulations will require replacement of trees.
Subd. 2 - Regulations. In furtherance of the purpose of this section, the City Council shall, by
resolution adopt and may, from time-to-time, amend resolutions providing for tree
preservation and replacement in situations involving development or construction.
Subd. 3 - Penalty. Enforcement. Failure to comply with the provisions of such regulations shall
constitute a violation of this Code; and the City shall proceed to enforcement either in
accordance with Section 104.02.
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this
27th day of October, 1997.
s C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. 325
AN ORDINANCE RELATING TO
PROHIBITED ACTS AND CONDITIONS
AMENDING SHOREWOOD CITY CODE SECTION 403, SUBD. 11
THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as
follows:
Section 1. Section 403, Subd. 11 is amended as follows:
Subd. 1: Liquor in Unlicensed Places: No person shall mix or prepare liquor for
consumption in any public place or place of business unless it has a
license to sell liquor "on sale" or a permit from the Liquor Control
Director under Minnesota Statues, sections 340A.414 and 340A.504,
and no person shall consume liquor in any such place.
Subd.2: Consumption in Public Places: No person all consume liquor on a public
highway, public park or other public place. This provision does not
apply to consumption at the Community Center with the prior approval
of the City Council.
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota this 3rd day of December, 1997.
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CITY OF SHOREWOOD
ORDINANCE NO. 326
AN INTERIM ORDINANCE REGARDING DEVELOPMENT OF ELDERLY
HOUSING PROJECTS BY CONDITIONAL USE PERMIT AND DIRECTING A
STUDY TO BE CONDUCTED THEREON
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1. Background
1.01. The Shorewood city code (the "City Code") permits the establishment of elderly
housing projects within specified zoning districts by conditional use permit, pursuant to section
1201.03, subd. 20.
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1.02. The city's recent experience in reviewing such an application on property zoned for
single family residential use vividly demonstrated the limitations on the control over elderly
housing projects available to the city under that section of the City Code.
1.03. Section 1201.03, subd. 20 of the City Code contains numerous provisions regarding
elderly housing projects including the requirement that applications for such projects "be processed
as planned unit developments (P.D.D.) in compliance with section 1201.06 of the City Code.
1.04. Section 1201.06 of the City Code requires that a P.D.D. established by conditional
use permit "be subject to the procedures and requirements for conditional use permits set forth in
Section 1201.04 of this Ordinance and the standards and criteria set forth in section 1201.25 of this
Ordinance. "
1.05. Section 1201.04 of the City Code contains the requirements for processing an
application for a conditional use permit, including at subd. 1 f (4), a prohibition against
consideration of a similar application for six months following denial by the city council.
1.06. Section 1201.25 of the City Code contains the substantive and procedural
requirements for review of the application as a planned unit development, including the
requirement at subdivision 3 that a P.D.D. is subject to the "amendment procedure requirements as
outlined in section 1201.04, subd. 1 of this Ordinance."
1.07. The net effect of these references is that elderly housing projects by conditional use
permit processed as a planned unit development under section 1201.03, subd. 20 of the City Code
are subject to confusing and perhaps contradictory ordinance requirements.
1.08. The method of application and review of elderly housing projects as conditional uses
is not the exclusive procedure for approval of such projects. Elderly housing may also be
constructed as may any other form of multi-family residential in the R-3A and R-3B zoning
districts.
1.09. There is concern regarding whether Section 1201.03 Subd. 20 may act to limit the
ability of the city to arrive at appropriate conditions to be imposed on elderly projects based upon a
case by case analysis of such projects.
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1.10. Although the ordinances applicable to elderly housing projects under section 1201.3,
subd. 20 of the City Code make certain exceptions and allowances due to the fact the projects will
be exclusively for seniors, there is no mechanism for the city to ensure that the development will be
restricted to seniors throughout its life, or to minimize the potential impact when the project is no
longer exclusively for seniors.
1.11. The City's comprehensive plan identifies specific sites within the city which were
deemed to be appropriate for elderly housing at the time of adoption of the comprehensive plan but
<;:hanging land use patterns may have rendered some of these sites as no longer appropriate for such
a use.
1.12. Minnesota Statutes. section 462.355, subd. 4 allows the city to adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and welfare of
its citizens.
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1.13. At its work session on November 18, 1997 the city council discussed and expressed
its interest in adopting an interim ordinance during the time it conducts a study of elderly housing
processed as a conditional use pursuant to section 1201.03, subd. 20, while allowing elderly
housing projects reviewed under other provisions of the City Code to proceed unimpeded.
Section 2. Findings
2.01. The city council finds that it is necessary to conduct a study to determine if there is a
need to amend the city's official controls, including but not limited to those sections of the City
Code listed above, and its comprehensive plan relating to elderly housing as a conditional use and,
if so, to adopt the appropriate amendments thereto.
2.02. The city council also finds that there is a need to adopt an interim ordinance for the
purpose of protecting the planning process and the health, safety and welfare of its citizens during
the pendency of such process.
Section 3. Planning and Zoning Study: Moratorium.
3.01. The city council hereby authorizes and directs that a study be conducted of the city's
official controls and its comprehensive plan with regard to elderly housing projects processed as
conditional uses under section 1201.03, subd. 20 of the City Code. Among other issues, authority
is given to consider whether the City Code is internally consistent with regard to housing projects,
whether adequate standards are articulated and whether standards and criteria should be different
for elderly housing than for similar non-age restricted housing. The study is also to include a
review of the comprehensive plan to ensure its consistency with the city's official controls.
3.02. Pending completion of the study and the adoption of any amendments to the city's
official controls or comprehensive plan which may be deemed necessary by the city council:
(a)
no application for a elderly housing project as a conditional use under section
1201.03, subd. 20 of the City Code shall be accepted by the city;
no such application shall be reviewed, considered or processed in any manner by
the city;
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(b)
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(c) no other zoning approvals shall be granted to any such project;
(d) no building permit shall be issued for any such project; and
(e) no action of any kind shall be taken by the city to review, consider or approve any
such project.
3.03. Nothing herein shall be deemed to affect any application for a elderly housing project
which is made as a permitted use in the R-3A of R-3B zoning districts.
Section 4. Enforcement. The city may enforce any provision of this ordinance by mandamus,
injunction or any other appropriate civil remedy in any court of competent jurisdiction.
Section 5. Duration. This ordinance shall remain in force and effect for 'one year from its effective
date or until appropriate amendments to the city's official controls and comprehensive plan have
been adopted and are effective, whichever occurs first.
Section 6. Separability. Every section, provision or part of this ordinance is declared separable
from every other section, provision or part of this ordinance. If any section, provision, or part of
this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this ordinance.
Section 7. Effective Date. This ordinance shall take effect the day after the date of its publication.
Adopted by the City Council of Shorewood this 3rd day of December, 1997.
ATTEST:
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C. HURM, CITY ADMINISTRATOR
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ORDINANCE NO.__~2]__
AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD
CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1: Section 1201.20 Subd. 4.c. (8) is hereby amended to read:
(8) The use of all structures shall be limited to storage only. No retail service
businesses or workshops shall be allowed. Each facility shall have one residential dwelling
unit to be used only by a resident caretaker or manager.
The requirement of a caretaker residence may be waived by the City Council provided that:
(a) A caretaker residence for an approved self-storage facility under the same
ownership is located within 600 feet of the subject property.
(b) The applicant shall submit a plan showing where a caretaker residence can be
located on the property in the future.
(c) The applicant shall submit restrictive covenants, to be recorded against the
property, restricting its sale unless a caretaker residence is constructed on the
property, or a caretaker residence for an approved self-storage facility under the
same ownership, located within 600 feet of the subject property is provided.
Section 2: This Ordinance shall be in full force and effect from and after its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 15th day of December, 1997.
ATTEST:
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Tom Dahlberg, May, r
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 328
The following is the official summary of Ordinance No. 328, approved by the City
Council of the City of Shorewood, Minnesota, on December 15, 1997.
ORDINANCE NO. 328
AN ORDINANCE RELATING TO THE LICENSING OF THE SALE
OF 3.2 PERCENT MALT LIQUOR AND AMENDING CHAPTERS 402 AND 1301
OF THE SHOREWOOD CITY CODE
The Ordinance updates Chapters 402 and 1301 of the Shorewood City Code relating to
liquor. State Statutes required the term "non-intoxicating" to be removed and replaced with the
term "3.2 Percent" within all City ordinances. Ordinance No. ~ provides for that change.
A complete copy of the Ordinance is available for inspection by any person at the office of
the City Clerk.
ATTEST:
JBD134799
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ORDINANCE NO. 328
AN ORDINANCE RELATING TO THE LICENSING OF THE SALE
OF 3.2 PERCENT MALT LIQUOR AND AMENDING CHAPTERS 402 AND 1301
OF THE SHOREWOOD CITY CODE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS that the City Code of the City of Shorewood is amended as follows:
Section 1.
Chapter 402 is amended as follows:
The title is amended to read:
CHAPTER 402
3.2 PERCENT MALT LIQUOR
2. Section 402.01 is amended by amending subdivision 3 thereof to read as follows:
3.
3.2 PERCENT MALT LIQUOR: Any malt beverage with an alcoholic
content of more than one-half of one percent (.5%) by volume and not more
than three and two-tenths percent (3.2%) by weight.
Section 402.02 is amended to read as follows:
Subd. 3
402.02 LICENSE REQUIRED: No person, except wholesalers and manufacturers to the
extent authorized by law, shall deal in or dispose of by gift, sale and otherwise, or keep or
offer for sale, any 3.2 percent malt liquor within the City without fIrst having received a
license as hereinafter provided.
402.03 APPLICATION FOR LICENSE: Every application for a license to sell 3.2
percent malt liquor shall be made on a form supplied by the City and shall state the
following:
Subd. 1
Subd. 2
Subd. 3
The name of applicant;
His age;
Representations as to his character, which such references as may be
required;
His citizenship;
Subd. 4
Subd. 5
Subd. 6
Whether the application is for "on sale" or "off sale,!;
The business in connection with which the proposed license will
operate and its location;
Whether applicant is owner and operator of the business;
How long he has been in that business at that place; and
Subd. 7
Subd. 8
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Subd. 9
Such other information as the Council may require from time to
time.
Applications shall be filed with the City Clerk, and it shall be unlawful to make any false
statement in an application.
5. Section 402.05 is amended by amending subdivisions 1 and 2 thereof to read as follows:
Subd. 1
Subd. 2
Retail "on sale" licenses, which shall permit the sale of 3.2 percent malt
liquor for consumption on the premises only; and
Retail "off sale" licenses, which shall permit the sale of 3.2 percent malt
liquor at retail in the original package for consumption off the premises
only.
6. Section 402.07 is amended by amending Subdivisions 1 thereof to read as follows:
Subd. 1
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Bond, Insurance or Cash Required: Any person or corporation licensed to
sell retai13.2 percent malt liquor at on sale or off sale shall demonstrate
proof of fmancial responsibility with regard to liability imposed by
Minnesota Statutes, section 340A.409 to the Commissioner of Public Safety
as a condition of the continuance, issuance or renewal of his license. Proof
of financial responsibility may be given by filing:
a.
A certificate that there is in effect an insurance policy or pool providing for
the following minimum coverages:
(1) Fifty thousand dollars ($50,000.00) because of bodily injury to any
one person in anyone occurrence and subject to the limit of one
person; in the amount on one hundred thousand dollars
($100,000.00) because of bodily injury to two (2) or more persons
in anyone occurrence; in the amount of ten thousand dollars
($10,000.00) because of injury to or destruction of property of other
in any occurrence; or
(2) Fifty thousand dollars ($50,000.00) for loss of means j)f support of
anyone person in anyone occurrence and subject to the limit of one
person; one hundred thousand dollars ($100,000.00) for loss of
means of support of two (2) or more persons in anyone occurrence;
or
b. A bond of a surety company with minimum coverages as
provided in subdivision a(l) above; or
c.
A certificate of the State Treasurer that the licensee has
deposited him one hundred thousand dollars ($100,000.00)
in cash or securities which may legally be purchased by
savings banks or for the trust funds having a market value of
one hundred thousand dollars ($100,000.00).
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7. Section 402.10 is amended by amending subdivisions 2 and 6 thereof to read as follows:
Subd. 2
Sales to Certain Persons Restricted: No 3.2 percent malt liquor shall be
sold or served to any intoxicated person or to any person under twenty-one
(21) years of age.
a.
No minor shall be permitted to consume 3.2 percent malt liquor on the
licensed premises.
b.
No minor shall be permitted to sell or serve 3.2 percent malt liquor in any
"on sale" establishment.
Closing Hours: No sale of 3.2 percent malt liquor shall be made on any
Sunday between the hours of 1 a.m. and 12 noon. No sale shall be made
between the hours of 1 a.m. and 8 a.m. of any other day.
8 . Section 402.11 is amended to read as follows:
Subd. 6
402.11 PROHIBITED ACTS INVOLVING MINORS:
No minor shall misrepresent his age for the purpose of obtaining 3.2
percent malt liquor.
No person shall induce a minor to purchase or procure 3.2 percent malt
liquor.
No person other than the parent or legal guardian shall procure 3.2 percent
malt liquor for any minor.
No minor shall have 3.2 percent malt liquor in his possession with the intent
to consume it at a place other than the household of his parent or guardian.
9. Section 402.13 is amended by amending subdivision 1 thereof to read as follows:
Subd. 1
Subd. 2
Subd. 3
Subd. 4
Subd. 1
The violation of any provisions or condition of this Chapter b)L a 3.2 percent
malt liquor licensee or his agent shall be grounds for revocation or
suspension of the license.
Section 2. Chapter 1301 is amended by amending those parts of Schedule A to Section
1301.02 shown below as follows:
3.2 Percent Malt Liquor License - On-Sale
3.2 Percent Malt Liquor License - Off-sale
3.2 Percent Malt Liquor License - Temporary License
300.00
50.00
25.00
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Section 3.
This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 15th day of
December, 1997.
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