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American Legal Supplement 07 - 2012
SHOREWOOD, MINNESOTA • Instruction Sheet 2012 S-7 Supplement REMOVE GLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE 13, 14 TITLE 100: ADMINISTRATION 100-1, 100-2 100-1, 100-2 105-1 through 105-4 105-1 through 105-4 110-1 through 110-4 TITLE 300: BUSINESS REGULATIONS 300-1 through 303-2 300-1 through 303-2 308-1 through 308-8 308-1 through 308-8 • 311-3, 311-4 311-3, 311-4 TITLE 400: LIQUOR REGULATIONS 401-3, 401-4 401-3, 401-4 TITLE 700: ANIMAL REGULATIONS 700-1, 700-2 700-1, 700-2 704-1, 704-2 TITLE 1000: BUILDING REGULATIONS 1004-11, 1004-12 1004-11 through 1004-12B • SHOREWOOD, MINNESOTA: INSTRUCTION SHEET 2 REMOVE OLD PAGES INSERT NEW PAGES • TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-9, 1201-10 1201-9, 1201-10 1201-13, 1201-14 1201-13 through 1201-14B 1201-17, 1201-18 1201-17 through 1201-18B 1201-21, 1201-22 1201-21 through 1201-22B 1201-27, 1201-28 1201-27, 1201-28 1201-63, 1201-64 1201-63, 1201-64 1201-69 through 1201-70B 1201-69 through 1201-70D 1201-77, 1201-78 1201-77, 1201-78 1201-85, 1201-86 1201-85, 1201-86 1201-93 through 1201-98 1201-93 through 1201-98B TITLE 1300: MUNICIPAL FEES 1301-2A through 1301-4 1301-2A through 1301-4 1301-11, 1301-12 1301-11, 1301-12 PARALLEL REFERENCES • 3 through 8 3 through 8 27, 28 27, 28 INDEX 3 through 12 3 through 12B 19, 20 19, 20 • LMB (4/12) CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2012 S-7 Supplement contains: Local legislation current through Ord. 488, passed 11-28-2011 • AMERICAN LEGAL PUBLISHING CORPORATION • 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 • COPYRIGHT © 2012 AMERICAN LEGAL PUBLISHING CORPORATION • • CITY OF SHOREWOOD ORDINANCE NO. 476 AN ORDINANCE ENACTING AND ADOPTING THE 2011 S-6 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the fifth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 473 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the sixth supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2011 S-6 Supplement to the Code of Ordinances shall take effect ill upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 23rd day of May, 2011. Christine Lizee /s/ Christine Lizee, Mayor ATTEST: Brian Heck /s/ Brian Heck, City Administrator/Clerk 13 2012 S-7 Shorewood - Adopting Ordinance • • • 14 TITLE 100 ADMINISTRATION Subject Chapter Official City Code 101 Saving Clause 102 • Definitions 103 General Penalty and Enforcement 104 City Officers and Employees 105 Biennial Elections 106 Annual Audit 107 [Reserved] 108 Harbor Limits 109 Domestic Partnership Registry 110 S 100-1 2012 S-7 Shorewood - Administration • 100-2 • • CHAPTER 105 CITY OFFICERS AND EMPLOYEES Section 105.01 City Clerk 105.02 City Treasurer 105.03 City Administrator 105.04 Code of Ethics 105.05 Mayor and City Council 105.06 Employment background checks 105.01 CITY CLERK. CLERK means the Clerk of the city duly appointed by the City Council pursuant to M.S. §§412.541 and 412.581, as amended. (1987 Code, § 105.01) 105.02 CITY TREASURER. TREASURER means the Treasurer of the city duly appointed by the City Council pursuant to M.S. §§ 412.541 and 412.581, as amended. (1987 Code, § 105.02) 105.03 CITY ADMINISTRATOR. CITY ADMINISTRATOR means the City Administrator duly appointed to and holding the position of chief administrative officer of the city pursuant to authority vested in the city by M.S., Chapter 412. This position may be combined with that of City Clerk or City Treasurer. (1987 Code, § 105.03) • 105-1 2012 S-7 105.04 Shorewood - Administration 105.04 105.04 CODE OF ETHICS. • Subd. 1. Purpose. The City Council confirms its determination that ethical standards among its members as well as the members of the various commissions and professional staff of the city are essential to the public affairs of the city. The standards of conduct herein set forth are intended to serve as a guideline for the members of the City Council, the commissioners and the professional staff in carrying out their duties. By eliminating conflicts of interest and providing a guide for conduct in city matters, the City Council hopes to promote the faith and confidence of the citizens of the city in their government and to encourage its citizens to serve on its Council and commissions. Subd. 2. Standards of conduct. No Council member, member of any board or commission or professional staff member: a. Shall use the position to secure special privileges or exemptions for the person or others; b. In any matter before the Council, board or commission, which affects his or her financial interest or those of a business with which he or she is associated, unless the effect on him or her is no greater than on other members of his or her business classification, profession or occupation, shall fail to disclose for the common good for the record the interest prior to any discussion or vote; • c. Shall act as an agent or attorney for another in any matter before the City Council or any board or commission in which a conflict of interest exists or may exist; d. Shall directly or indirectly receive, or agree to receive, any compensation, gift or reward or gratuity in any matter or proceeding connected with, or related to, the duties of his or her office except as may be provided by law; e. Shall enter into any contract with the city unless authorized by law. Any Council member, member of a board or commission or professional staff member who has a proprietary interest of 10% or more in an agency doing business with the city shall make known that interest in writing to the City Council and the City Administrator/Clerk. Subd. 3. Disclosures. • a. Real estate holdings. No later than 30 days after the effective date hereof, or 30 days after taking the oath of office, whether elected or appointive, or 30 days after the acquisition or sale of any property or change in the statement as originally filed, each Council member, member of a board or commission or professional staff member shall file as a public record with the City Administrator/Clerk, a list of all real property in the city owned by the person, his or her spouse or minor child, or in which he or she has a beneficial interest, le 105-2 2012 S-7 105.04 City Officers and Employees 105.06 • disclosing each individual item held, and by whom, having an assessed valuation in excess g y of$10,000. Homestead shall be excluded from the above disclosure. b. Business positions. (1) Each Council member, member of a board or commission and professional staff member shall disclose all positions as officer,director,partner,proprietor or employee of any company, business enterprise or corporation, partnership, labor union or association doing business with the city and indicate with respect to each relationship whether services are gratuitous or for compensation. (2) The disclosure information required herein shall be set forth on a form which shall consist of the following information: 1) Affiliations in Agencies Doing Business with the City of Shorewood - Name of Organization, Positions Held, and Compensation Involved; 2) Real Property Owned in the City of Shorewood - Property Item, Location, Assets; and any additional information as required. The disclosure form shall be made available by the office of the City Administrator/Clerk and upon completion thereof by a Council member, member of a board or commission or professional staff member, shall be filed with the City Administrator/Clerk. Subd. 4. Violation. Any person who shall violate any of the provision hereof shall be guilty of a misdemeanor. (1987 Code, § 105.04) (Ord. 92, passed 5-9-1977) 105.05 MAYOR AND CITY COUNCIL. Commencing January 1, 2005, the monthly salary of the Mayor of the city shall be $300 and the monthly salary of each member of the City Council shall be $250. (Am. Ord. 408, passed 10-11-2004) 105.06 EMPLOYMENT BACKGROUND CHECKS. Subd. 1. Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non-criminal purposes of employment background checks for positions described in the Employee Handbook. • Subd. 2. Criminal history employment background investigations. The South Lake Minnetonka Police Department is hereby required, as the exclusive entity within the city, to do a 2012 S-7 105-3 105.06 Shorewood - Administration 105.06 criminal history background investigation round investi ation on the applicants for the following positions • within the city, unless the city's hiring authority concludes that a background investigation is not needed: a. Employment positions: (1) All regular part-time employees, full-time employees, seasonal employees, regular employees, and probationary employees as defined in the City of Shorewood Employee Handbook and other positions that work with children or vulnerable adults. (2) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, including the City Council, the City Administrator, or other city staff involved in the hiring process. (3) Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, the city will not reject an applicant for employment on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: (a) The grounds and reasons for the denial. (b) The applicant complaint and grievance procedure set forth in M.S. § 364.06. (c) The earliest date the applicant may reapply for employment. (d) That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 480, passed 8-22-2011) 105-4 • 2012 S-7 CHAPTER 110 DOMESTIC PARTNERSHIP REGISTRY Section 110.01 Purpose 110.02 Definitions 110.03 Registration of domestic partnerships 110.04 Amendments to domestic partnership registration 110.05 Termination of domestic partnership 110.06 Fees 110.01 PURPOSE. Subd. 1. The City of Shorewood authorizes and establishes a voluntary program for the registration • of domestic partnerships. The domestic partnership registry is a means by which unmarried, committed couples who reside in Shorewood and who share a life and home together may document their relationship, thus enabling the registered couple access to employment benefits, hospital or health care visitation, and other such voluntary benefits. Subd. 2. The adoption of this chapter does not amend, create, or establish rights, privileges, or responsibilities that are available to married couples under state or federal law. (Ord. 486, passed 11-14-2011) 110.02 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DOMESTIC PARTNER. Any two adults meeting all of the following: a. Are not related by blood closer than permitted under marriage laws of the State of Minnesota. • b. Are not married. 110-1 2012 S-7 110.02 Shorewood - Administration 110.03 c. Are competent to enter a contract. • d. Are jointly responsible to each other for the necessities of life. e. Are committed to one another to the same extent as married persons are to each other. f. Do not have any other domestic partner(s). g. Are both at least 18 years of age. h. Reside in the City of Shorewood. DOMESTIC PARTNERSHIP. Includes, upon production of a valid government-issued documentation, the following: a. Any persons currently registered as domestic partners with a governmental body pursuant to state, local, or other law authorizing such registrations, or b. Marriages that would be legally recognized as a contract of lawful marriage in another local, state, or foreign jurisdiction, but for the operation of Minnesota law such as a same sex marriage in states that recognize and/or authorize them by law. (Ord. 486, passed 11-14-2011) 110.03 REGISTRATION OF DOMESTIC PARTNERSHIPS. Subd. 1. The City Clerk shall make available upon request, a city application for the registration of a domestic partnership. Subd. 2. The City Clerk shall accept an application to register as domestic partners from persons who state in the application they meet the definition of domestic partner as set out in § 110.02, subd. 1. Subd. 3. The City Clerk shall provide each domestic partner, following submission of the application and upon payment of all required fees, a registration certificate that may be used as evidence of the existence of a domestic partner relationship. Subd. 4. The City Clerk shall keep a record of each domestic partner certification as well as amendments thereto and termination thereof. Records pertaining to the registration shall be maintained in accordance with the provisions of the Minnesota Government Data 110-2 • 2012 S-7 110.03 Domestic Partnership Registry 110.06 • Practice Act. Such certificates may be used as evidence of the existence or termination of a domestic partnership. (Ord. 486, passed 11-14-2011) 110.04 AMENDMENTS TO DOMESTIC PARTNERSHIP REGISTRATION. The City Clerk will accept amendments for filing from persons who have domestic partnership registrations on file with the city, except for amendments that change the identity of the partners, unless said amendment is accompanied by documentation from the district court approving a legal name change. (Ord. 486, passed 11-14-2011) 110.05 TERMINATION OF DOMESTIC PARTNERSHIP. The domestic partnership registration shall terminate when the earlier of the following occurs: Subd. 1. One of the partners dies; or • Subd. 2. Forty-five days after one partner: a) sends the other partner written notice, on a form provided by the city, that he or she is terminating the partnership; and b) files the notice of termination with an affidavit of service of the notice on the other person, with the City Clerk. The City Clerk shall send notice to the other partner that the partnership registry has been terminated. (Ord. 486, passed 11-14-2011) 110.06 FEES. The fee to apply, amend, terminate, or obtain certified copies of the registration are established in accordance with Chapter 1301 of the Shorewood City Code. (Ord. 486, passed 11-14-2011) • 110-3 2012 S-7 Shorewood - Administration • • 110-4 • • TITLE 300 BUSINESS REGULATIONS Subject Chapter Gambling and Raffles 301 Sale of Tobacco 302 License Background Checks for Applicants of City Licenses 303 Boat Docks and Boat Storage Facilities 304 • Tree Trimmers 305 Controlled Substances 306 [Reserved] 307 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308 Adult Use Establishments 309 Lawn Fertilizer Application Control 310 Therapeutic Massage Licensing 311 Fireworks Dealer's License Fees and Sale of Permitted Consumer Fireworks 312 300-1 2012 S-7 Shorewood - Business Regulations • • • 300-2 • CHAPTER 301 GAMBLING AND RAFFLES Section 301.01 Purpose 301.02 Adoption of state law by reference 301.03 City may be more restrictive than state law 301.04 Definitions 301.05 Applicability 301.06 Lawful gambling permitted 301.07 Council approval 301.08 Application and local approval of premises permits 301.09 Local acknowledgment of exempt permits 301.10 License and premises permit display 301.11 Notification of material changes to application 301.12 Local gambling tax 301.13 Penalty 301.01 PURPOSE. The purpose of this chapter is to regulate and control the conduct of certain gambling activities pursuant to the provisions of M.S. Chapter 349. (1987 Code, § 301.01) (Ord. 482, passed 9-26-2011) 301.02 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling, are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the Council that all future amendments of M.S. Chapter 349 are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted. • (Ord. 482, passed 9-26-2011) 301-1 2012 S-7 301.03 Shorewood - Business Regulations 301.05 301.03 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. • The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on gambling within its limits beyond those contained in M.S. Chapter 349, as it may be amended from time to time. (Ord. 482, passed 9-26-2011) 301.04 DEFINITIONS. In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: BOARD. The State of Minnesota Gambling Control Board. CITY. The City of Shorewood, Minnesota. COUNCIL. The City Council of Shorewood, Minnesota. EXEMPT PERMIT. A permit acknowledged by the city. LICENSED ORGANIZATION. An organization licensed by the Board. TRADE AREA. The City of Shorewood, Minnesota and each city and township contiguous to this city. (Ord. 482, passed 9-26-2011) 301.05 APPLICABILITY. This chapter shall be construed to regulate all forms of lawful gambling within the city except: Subd. 1. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if: the prizes for a single bingo game do not exceed $10; total prizes awarded at a single bingo occasion do not exceed $200; no more than two bingo occasions are held by the organization or at the facility each week; only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; no compensation is paid for any persons who conduct the bingo; and a manager is appointed to supervise the bingo. 301-2 2012 S-7 301.05 Gambling and Raffles 301.08 • 2. Raffles, if the value of all prizes awarded by the organization in a calendar year does not Subd. p Y g exceed $1,500. (Ord. 482, passed 9-26-2011) 301.06 LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the city provided it is conducted in accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time. M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, and this chapter. (Ord. 482, passed 9-26-2011) 301.07 COUNCIL APPROVAL. Lawful gambling authorized by M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the city, subject to the provisions of this chapter and state law. • (Ord. 482, passed 9-26-11) Penalty, see § 301.13 301.08 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. Subd. 1. Any organization seeking to obtain a new premises permit from the Board shall file with the City Administrator/Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. Subd. 2. Upon receipt of an application for issuance of a premises permit, the City Administrator/Clerk shall transmit the application to the Police Department for review and recommendation. Subd. 3. The Police Department shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. Subd. 4. Organizations applying for a state-issued premises permit shall pay the city an investigation • fee as provided in § 1301.02 of this code. This fee shall be refunded if the application is withdrawn before the investigation is commenced. 301-3 2012 S-7 301.08 Shorewood - Business Regulations 301.09 Subd. 5. The Council shall, by resolution, approve or disapprove the application within 60 days of • S y PP PP receipt of the application. Subd. 6. The Council shall disapprove an application for issuance of a premises permit for any of the following reasons: a. Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years. b. Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. Otherwise the Council shall pass a resolution approving the application. (Ord. 482, passed 9-26-2011) 301.09 LOCAL ACKNOWLEDGMENT OF EXEMPT PERMITS. Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349.166, as it may be amended from time to time, without local acknowledgment of the exempt permit. This section shall not apply to lawful gambling exempted from local regulation by § 301.05. Subd. 2. Applications for issuance of an exempt permit shall be submitted to the city on a form prescribed by the Board. Subd. 3. The Council may establish by ordinance a local fee for an exempt permit, as provided in § 1301.02. The fee shall be submitted with the application for an exempt permit. Subd. 4. Upon receipt of the application for an exempt permit, the city shall review the application for completeness, acknowledge and return the application to the applicant. Subd. 5. Exempt permits shall be valid for the date(s) of activity noted on the permit application. (Ord. 482, passed 9-26-2011) Penalty, see § 301.13 301-4 2012 S-7 301.10 Gambling and Raffles 301.13 • 301.10 LICENSE AND PREMISES PERMIT DISPLAY. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. (Ord. 482, passed 9-26-2011) Penalty, see § 301.13 301.11 NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state-issued premises permit or an exempt permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. (Ord. 482, passed 9-26-2011) Penalty, see § 301.13 301.12 LOCAL GAMBLING TAX. The City Council may, by ordinance, establish a local gambling tax imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. (Ord. 482, passed 9-26-2011) 301.13 PENALTY. Any person who violates: Subd. 1. Any provision of this chapter; Subd. 2. M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or Subd. 3. M.S. Chapter 349, as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time; shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, not to exceed statutory limits, plus in either case the costs of prosecution. (Ord. 482, passed 9-26-2011) • 301-5 2012 S-7 Shorewood - Business Regulations • • • 301-6 2012 S-7 • CHAPTER 302 SALE OF TOBACCO Section 302.01 Purpose 302.02 Definitions 302.03 License 302.04 Fees 302.05 Basis for denial of license 302.06 Prohibited sales 302.07 Vending machines 302.08 Self-service sales 302.09 Responsibility 302.10 Compliance checks and inspections 302.11 Other illegal acts 302.12 Violations and hearing process 302.13 Penalties 302.14 Exceptions and defenses 302.01 PURPOSE. Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, and tobacco-related devices, and the sales, possession and use are violations of both state and federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this chapter shall be intended to regulate the possession and use of tobacco, and tobacco-related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, and tobacco-related devices and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in M.S. § 144.391. (Ord. 475, passed 5-9-2011) 302-1 2012 S-7 302.02 Shorewood - Business Regulations 302.02 I 302.02 DEFINITIONS. • For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, and tobacco-related devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, or tobacco-related devices for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, and tobacco-related devices. INDIVIDUALLY PACKAGED. The practice of selling any tobacco wrapped individually for sale. Individually wrapped tobacco shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered INDIVIDUALLY PACKAGED. LOOSIES. The common term used to refer to a single or individually packaged cigarette. • MINOR. Any natural person who has not yet reached the age of 18 years. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. RETAIL ESTABLISHMENT. Any place of business where tobacco, or tobacco-related devices are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores and restaurants. SALE. Any transfer of goods for money, trade, barter or other consideration. SELF-SERVICE MERCHANDISING. Open displays of tobacco, or tobacco-related devices in any manner where any person shall have access to the tobacco, or tobacco-related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, or tobacco-related device between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines. • 302-2 2012 S-7 302.02 Sale of Tobacco 302.03 • TOBACCO. Cigarettes and any product containing, made, or derived from tobacco that is intended g YP for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish;plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. TOBACCO-RELATED DEVICES. A pipe, rolling paper or other device intentionally designed or intended to be used in a manner which enables tobacco to be chewed, stuffed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, or tobacco-related device. • (1987 Code, § 302.02) (Ord. 475, passed 5-9-2011) 302.03 LICENSE. No person shall sell or offer to sell any tobacco, or tobacco-related device without first having obtained a license to do so from the city. Subd. 1. Application. An application for a license to sell tobacco, or tobacco-related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the City Administrator/Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Administrator/Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2. Action. The city may either approve or deny the license or it may delay action for the reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city shall approve the license, the City • Administrator/Clerk shall issue the license to the applicant. If the city denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. 302-3 2012 S-7 302.03 Shorewood - Business Regulations 302.05 All licenses issued under this chapter shall expire on the last day of October of each • Subd. 3. Term. p p Y year. Subd. 4. Revocation or suspension. Any license issued under this chapter may be revoked or suspended as a penalty for a violation. No suspension or revocation may take effect until the licensee has received notice, either personally or by mail, of the opportunity for a hearing pursuant to § 302.12. Subd. 5. Transfers. All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (1987 Code, § 302.03) (Ord. 475, passed 5-9-2011) 302.04 FEES. No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in § 1301.02 of this code. (1987 Code, § 302.04) (Ord. 475, passed 5-9-2011) 302.05 BASIS FOR DENIAL OF LICENSE. Subd. 1. The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. 302-4 2012 S-7 302.05 Sale of Tobacco 302.06 • a. The applicant is under the age of 18 years; pp g Y b. The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco-related devices; c. The applicant has had a license to sell tobacco or tobacco-related devices revoked within the preceding 12 months of the date of the application; d. The applicant fails to provide any information required on the application or provides false or misleading information; e. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding a license. Subd. 2. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (1987 Code, § 302.05) (Ord. 475, passed 5-9-2011) • 302.06 PROHIBITED SALES. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, or tobacco- related device: Subd. 1. To any person under the age of 18 years; Subd. 2. By means of any type of vending machine, except as may otherwise be provided in this chapter; Subd. 3. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, or tobacco-related device and whereby there is not a physical exchange of the tobacco, or tobacco-related device between the licensee or the licensee's employee and the customer; Subd. 4. By means of loosies as defined in this chapter; Subd. 5. Containing opium, morphine,jimson weed, bella donna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful • manufacturing process; 302-5 2012 S-7 302.06 Shorewood - Business Regulations 302.09 6. By any other means, to any other person, on in any other manner or form prohibited by • Subd. y y y p Y federal, state or other local law, ordinance provision or other regulation. (1987 Code, § 302.06) (Ord. 475, passed 5-9-2011) 302.07 VENDING MACHINES. It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, or tobacco-related devices by the means of a vending machine unless an employee of the licensed establishment at all times is required to activate the machine for each sale. (1987 Code, § 302.07) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.08 SELF-SERVICE SALES. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, or tobacco-related devices by any means whereby the customer may have access to the items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco or the tobacco-related device between the licensee or his or her clerk and the customer. All tobacco, and tobacco-related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. (1987 Code, § 302.08) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.09 RESPONSIBILITY. All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, or tobacco-related devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting an employee of the licensee to whatever penalties are appropriate under this section, state or federal law or other applicable law or regulation. (1987 Code, § 302.09) (Ord. 475, passed 5-9-2011) • 302-6 2012 S-7 302.10 Sale of Tobacco 302.11 302.10 COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the Police Department or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco,or tobacco-related devices when the items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes or required for the enforcement of a particular state or federal law. (1987 Code, § 302.10) (Ord. 475, passed 5-9-2011) le 302.11 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this chapter. Subd. 1. Illegal sales to minors. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, or tobacco-related device to any minor. Subd. 2. Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession any tobacco, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, or tobacco-related device. Subd. 4. Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, or tobacco-related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check. • 302-7 2012 S-7 302.11 Shorewood - Business Regulations 302.12 violation of this chapter for any minor to attempt • Subd. 5. Use of false identification. It shall be a p Y to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Illegal sales by minors. It shall be a violation of this chapter: a. For anyone under the age of 18 to sell tobacco, or tobacco-related devices; b. For a licensee to cause or permit anyone under the age of 18 to sell tobacco, or tobacco-elated devices. (1987 Code, § 302.11) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.12 VIOLATIONS AND HEARING PROCESS. Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be • scheduled, the time and place of which shall be provided to the accused violator. Subd. 3. Hearing officer. A hearing officer designated by the city shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this chapter did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under § 302.13 of this chapter shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the city in which the alleged violation occurred. Subd. 6. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (1987 Code, § 302.12) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 • 302-8 2012 S-7 302.13 Sale of Tobacco 302.14 • 302.13 PENALTIES. Subd. 1. Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine as provided in § 1301.02 of this code. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2. Other individuals. Other individuals, other than minors regulated by subdivision 3 of this section, found to be in violation of this chapter shall be charged an administrative fee as provided in § 1301.02 of this code. Subd. 3. Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco-related devices may be subject to enrollment and evidence of successful completion of a tobacco education course provided by Independent School District (Minnetonka) 276 or Independent School District 277 (Westonka) for the first offense and subject to a fine of$100 for each offense subsequent. Subd. 4. Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. • (1987 Code, § 302.13) (Ord. 475, passed 5-9-2011) Penalty, see § 104.01 302.14 EXCEPTIONS AND DEFENSES. Nothing in this chapter shall prevent the providing of tobacco, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. (1987 Code, § 302.14) (Ord. 475, passed 5-9-2011) 302-9 2012 S-7 Shorewood - Business Regulations 411 • 302-10 S CHAPTER 303 LICENSE BACKGROUND CHECKS FOR APPLICANTS OF CITY LICENSES Section 303.01 Purpose 303.02 Criminal history license background investigations 303.01 PURPOSE. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's Computerized Criminal History information for specified non-criminal purposes of licensing background checks. (Ord. 480, passed 8-22-2011) 303.02 CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS. Subd. 1. The South Lake Minnetonka Police Department is hereby required, as the exclusive entity within the city, to conduct a criminal history background investigation on the applicants for the following licenses within the city, or those licenses as determined by licensing authority as provided in the Shorewood City Code Titles 300 and 400: a. Employees and/or officers and/or partners of licensed tobacco and liquor establishments. b. Applicants for transient merchant, solicitor, peddler or canvasser licenses. c. Applicants, operators, managers, and/or employees of adult use establishments. d. Applicants,operators,managers, and/or employees of therapeutic massage establishments. Subd. 2. In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in 40 303-1 2012 S-7 303.02 Shorewood - Business Regulations 303.02 is accessed and acquired shall be maintained accordance with BCA policy. Any data that s q at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator, or other city staff involved the license approval process. Subd. 3. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: a. The grounds and reasons for the denial. b. The applicant complaint and grievance procedure set forth in M.S. § 364.06. c. The earliest date the applicant may reapply for the license. d. That all competent evidence of rehabilitation will be considered upon reapplication. • (Ord. 480, passed 8-22-2011) 410 303-2 2012 S-7 • CHAPTER 308 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Section 308.01 Scope and purpose 308.02 Definitions 308.03 License required 308.04 Exclusions 308.05 No fee for canvassing, religious, political, educational and charitable organizations 308.06 License application 308.07 Issuance of license 308.08 License fee and licensure 308.09 Revocation 308.10 Appeal 308.11 License limitations 308.12 Peddlers, transient merchants, canvassers and solicitors may be prohibited by placard 308.13 Regulations, transient merchants 308.01 SCOPE AND PURPOSE. The purpose of this chapter is to prevent fraud, and criminal activity, such as burglary, theft and assault, and to protect the privacy of residents in their homes by requiring commercial solicitors, peddlers, transient merchants, and canvassers to be licensed and to impose restrictions on their operations within the city that are narrowly tailored to address the risks these operations pose to the public health, safety and welfare. It is not the purpose of this chapter to burden interstate commerce or interfere with constitutionally-protected rights under the First Amendment of the United States Constitution or Art. 1, Section 3 of the Minnesota Constitution. (1987 Code, § 308.01) (Ord. 265, passed 1-25-1993; Am. Ord. 484, passed 10-24-2011) 308.02 DEFINITIONS. • For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 308-1 2012 S-7 308.02 Shorewood - Business Regulations 308.03 ER. Any person canvassing for funds door-to-door in this city on behalf of a charitable, • CANVASS y p g Y religious or nonprofit organization as defined in IRS Code § 501(c)(3). GARAGE SALES. Any isolated or occasional display and sale of used personal property or home- crafted items conducted on residential premises by the occupant of the residential property or the display and sale of the items or seasonal goods or merchandise on the premises of a community center, school or church. GARAGE SALES shall include rummage sales,basement sales,yard sales, porch sales, craft sales and all other periodic sales at a residential location, community center, school, or church. PEDDLER. Any person dealing in this city who travels around from place to place or street to street carrying or transporting goods or solicitation for all manner of wares, services and merchandise, offering the same for sale or making sales and delivering articles to purchasers. SOLICITOR. Any person who goes from place to place and/or house to house soliciting or taking or attempting to take orders for the purchase of any foods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future or orders for the performance of a service in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. TRANSIENT MERCHANT. Any person,individual,partnership or corporation,whether principal, employee or agent, who engages in, does or transacts any temporary or transient business in this city, either in one locality or traveling from place to place in this city selling goods, wares and merchandise; and who, for the purposes of carrying on the business, hires, leases, occupies or uses a building, structure, vehicle, property or other place for the exhibition and sale of the goods, wares and merchandise. (1987 Code, § 308.02) (Ord. 265, passed 1-25-1993; Am. Ord. 341, passed 9-14-1998; Am. Ord. 484, passed 10-24-2011) 308.03 LICENSE REQUIRED. Subd. 1. It shall be unlawful for any person to engage in the activities of peddling, soliciting, canvassing or transient selling without first having obtained a license in compliance with the provisions of this chapter. Subd. 2. A separate license shall be secured for each individual person engaged as a peddler, solicitor, canvasser or transient merchant. Subd. 3. Where provisions of this chapter are more or less restrictive than comparable provisions within any other portion of this code, rules or regulations of the city, the more restrictive provision, rule or regulation shall prevail. The City Administrator/Clerk shall determine 308-2 2012 S-7 308.03 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.04 • which is more restrictive and appeals from the determination may be made in the manner provided herein. (1987 Code, § 308.03) (Ord. 265, passed 1-25-1993) Penalty, see § 104.01 308.04 EXCLUSIONS. Certain businesses may be exempt from the requirements of this chapter. Specific exclusions include: Subd. 1. Business by appointment. A solicitor or canvasser doing business by appointment. A bona fide appointment is one made in advance, not one that is not merely obtained by going door-to-door in conjunction with the taking of orders, offering for sale or selling; Subd. 2. Sales to stores and/or professionals. Salespersons selling goods to retain or wholesale stores or to professional or industrial establishments; Subd. 3. Garage, rummage and craft sales. Garage sales, rummage sales and craft sales, provided that: • a. None of the items offered for sale shall have been obtained for resale or received on consignment for sale, except for the display and sale of seasonal goods and merchandise on the premises of a community center, school or church; b. Any sale shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale; c. There shall be no more than four garage sales conducted at any one residence during any period of 12 calendar months; d. No garage or rummage sale shall be conducted during any part of more than three consecutive days, except that the display and sale of seasonal goods and merchandise on the premises of a community center, school or church shall not exceed 30 consecutive days; e. No garage.sale may be conducted before 8:00 a.m. or after 10:00 p.m.; f. Church signage is limited to one nonilluminated temporary sign, not exceeding six square feet in area, advertising the garage sale, for which a sign permit is not required. The sign may be displayed for the duration of the sale only; 410 g. The display or sale of seasonal goods or merchandise on the premises of a community center, school or church shall not take up required parking as provided for in § 1201.03, 308-3 2012 S-7 308.04 Shorewood - Business Regulations 308.06 subdivision 5 of this code and shall comply with setback requirements for the zoning • district in which the property is located. Subd. 4. Other. Merchants or their employees delivering goods to established customers in the regular course of business, the sale of goods or admissions to events by K-12 students where the proceeds of such sales benefit a program or activity in which the student is involved, governmental organizations, or to the sale of goods by members of the Girl Scouts or Boy Scouts of America. (1987 Code, § 308.04) (Ord. 265,passed 1-25-1993; Am. Ord. 316, passed 11-25-1996; Am. Ord. 341, passed 9-14-1998; Am. Ord. 484, passed 10-24-2011) 308.05 NO FEE FOR CANVASSING, RELIGIOUS, POLITICAL, EDUCATIONAL AND CHARITABLE ORGANIZATIONS. The fee imposed by this chapter does not apply to any organization, society, association or corporation if the organization is registered with the Secretary of State pursuant to the provisions of M.S. § 309.515 if the organization intends to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or intends to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of the organizations upon the streets, in office or business buildings, by house to house canvass or in public places. To qualify for this exemption, the organization or individual shall provide a sworn application in writing on a form furnished by the city which shall include the following information: Subd. 1. Names and addresses of the officers and/or directors of the organization; Subd. 2. Name and purpose of the cause for which the license is sought; Subd. 3. The period during which the canvassing is to be conducted; Subd. 4. A complete list of those to do canvassing giving full name, address and date of birth for background review and permit approval by the Police Department. (1987 Code, § 308.05) (Ord. 265, passed 1-25-1993; Am. Ord. 484, passed 10-24-2011) 308.06 LICENSE APPLICATION. Subd. 1. The application for the license provided in this section should be made to the City Administrator/Clerk by filing the annual license fee and by completing an application form or forms as provided by the City Administrator/Clerk. 411 308-4 2012 S-7 308.06 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.06 • Subd. 2. The application shall include, in addition to the information as the City Administrator/Clerk may require: a. Name of the applicant and all persons associated in business in the city; b. Permanent home address and full local address of the applicant and permanent and local telephone numbers of applicant; c. A brief written description of the nature of the business, goods to be sold and the applicant's method of operation; d. If employed, the name and address of the employer, together with credentials establishing the exact relationship; e. The length of time which the applicant intends to do business in the city, with the approximate dates; f. The location where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed and the proposed method of delivery; • g. A photograph of the applicant. The applicant must submit a photo taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner, or, the applicant must come into the city office to have his or her photo taken for the license; h. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature, place and date of the offense and the punishment or penalty assessed therefore; i. If a vehicle is to be used, a description of the same, together with license number or other means of identification; j. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant, the invoice value and quality of the goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale or by taking orders for future delivery; k. Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. • (1987 Code, § 308.06) (Ord. 265, passed 1-25-1993; Am. Ord. 484, passed 10-24-2011) 308-5 2012 S-7 308.07 Shorewood - Business Regulations 308.09 308.07 ISSUANCE OF LICENSE. • Subd. 1. There may be a seven day waiting period between the application and issuance of the license, during which period the City Administrator/Clerk and Police Chief or designated employee shall make the investigation of the applicant's business moral character as he or she shall deem necessary for the protection of the public good. The license may be issued by the City Administrator/Clerk when the foregoing investigation is completed or within seven days of application, whichever is earlier. Subd. 2. The issuance of the license shall be denied if the applicant has been convicted of a felony, a misdemeanor involving moral turpitude or a violation of M.S. Chapter 329 or of this chapter. (1987 Code, § 308.07) (Ord. 265, passed 1-25-1993) 308.08 LICENSE FEE AND LICENSURE. The license fee for engaging in a transient business, peddling or soliciting shall be established by ordinance by the City Council, from time to time, and shall be payable at the time of application for a license. A license, unless revoked, is for the length of time and dates noted on the application, not to le exceed a 12-month period or part thereof for which it has been issued. License fees may not be prorated. (1987 Code, § 308.08) (Ord. 265, passed 1-25-1993; Am. Ord. 484, passed 10-24-2011) 308.09 REVOCATION. Subd. 1. Permits and licenses issued under the provisions of this chapter may be revoked by the City Administrator/Clerk for any of the following causes: a. Fraud, misrepresentation or false statement contained in the application for license; b. Fraud, misrepresentation or false statement made in the course of carrying on his or her business; c. Any violation of this chapter; d. Conviction of any felony or of a misdemeanor involving moral turpitude; e. Conducting the business licensed in an unlawful manner or in a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the 40 public. 308-6 2012 S-7 308.09 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.11 • Any may 2. An license be revoked without notice if in the opinion of the City y Administrator/Clerk or the Police Chief the good order of the city requires action. (1987 Code, § 308.09) (Ord. 265, passed 1-25-1993) 308.10 APPEAL. Any person aggrieved by the action of the city or any person whose license has been revoked without notice may appeal to the City Council by filing, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The Council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the person appealing by mailing to the address set forth on the application written notice at least seven days prior to the hearing. (1987 Code, § 308.10) (Ord. 265, passed 1-25-1993) 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 the officer to be duly licensed, to produce his or her 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 9:00 a.m. and 8:00 p.m. (1987 Code, § 308.11) (Ord. 265, passed 1-25-1993; Am. Ord. 318, passed 1-13-1997; Am. Ord. 484, • passed 10-24-2011) 308-7 2012 S-7 308.12 Shorewood - Business Regulations 308.13 TS 308.12 PEDDLERS, TRANSIENT MERCHANTS, CANVASSERS AND SOLICITORS MAY BE • PROHIBITED BY PLACARD. Subd. 1. Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by the resident may place upon or near the usual entrance to the premises a printed placard or sign bearing the following notice: "Peddlers, Canvassers and Solicitors Prohibited." The placard shall be at least three and one-half inches long and three and one- half inches wide and the printing thereon shall not be smaller than one-half inch in height. No peddler, canvasser or solicitor shall enter in or upon any premises, or attempt to enter in or upon any premises, where a placard or sign is placed and maintained. Subd. 2. No person other than the person occupying the premises shall remove, injure or deface the placard or sign. Subd. 3. Violation of this section shall result in the revocation of a duly issued license. (1987 Code, § 308.12) (Ord. 265, passed 1-25-1993; Am. Ord. 484, passed 10-24-2011) 308.13 REGULATIONS, TRANSIENT MERCHANTS. Subd. 1. Public property. It shall be unlawful to sell or offer for sale any goods, wares or • merchandise on any public land or public right-of-way within the city except as provided for in § 902.02. Subd. 2. Private property. No transient merchant shall sell or offer for sale any goods, wares or merchandise within the Commercial Zoning Districts within the city from a stationary location on private property without first obtaining a conditional use permit pursuant to the provisions of Shorewood's Zoning Code. It shall be unlawful to sell or offer for sale any goods, wares or merchandise from a stationary location in any noncommercial zoning district. (1987 Code, § 308.13) (Ord. 265, passed 1-25-1993) Penalty, see § 104.01 • 308-8 2012 S-7 311.06 Therapeutic Massage Licensing 311.07 411 REQUIREMENTS. UIREMENTS.O Q Subd. 1. Each applicant for a massage therapist license shall furnish with the application proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency or is recognized by the Minnesota Higher Education Coordinating Board or other state agency having jurisdiction over the school. Subd. 2. Each applicant shall also furnish proof at the time of application of a minimum of 500 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, esalen, shiatsu and/or foot reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ 411 placement and physiology; and c. Hygiene. (Am. Ord. 373-b, passed 8-27-2001) 311.07 EXCEPTIONS TO LICENSING REQUIREMENTS. This section shall not apply to persons in the following professions: Subd. 1. A state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist or assistant working under the direction of any of the above-described professionals; Subd. 2. A state licensed physical therapist, athletic director or trainer or an assistant working under the direction of any of the above-described professionals; Subd. 3. A state licensed beautician or barber, provided treatment is limited to the scalp, face and neck. (Am. Ord. 373-b, passed 8-27-2001) • 311-3 2012 S-7 Repl. 311.08 Shorewood - Business Regulations 311.09 311.08 LICENSE RESTRICTIONS AND REGULATIONS. • All massage therapist licensees shall: Subd. 1. Display current licenses in a prominent place at their place of employment; Subd. 2. Upon demand of any police officer at the place of employment, produce correct identification; Subd. 3. Practice massage only at the location as is designated in the license; Subd. 4. Inform the City Administrator/Clerk in writing of any change in location prior to the change; Subd. 5. Refrain from the use of and not be under the influence of alcoholic beverages or any controlled substance as defined in Minnesota Statutes while practicing therapeutic massage; Subd. 6. Require that a person who is receiving a massage shall have his or her genital areas covered with an appropriate opaque covering. (Am. Ord. 373-b, passed 8-27-2001) • 311.09 VIOLATIONS. Subd. 1. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this chapter, whether individually of in connection with one or more persons or as principal, agent or accessory shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor. Each violation of this chapter shall constitute a separate offense. Subd. 2. Conviction of a violation of this chapter shall be grounds for suspension or revocation of any license issued hereunder. (Am. Ord. 373-b, passed 8-27-2001) 311-4 401.03 Liquor Regulations 401.04 • INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight. MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less that 1/2 of 1% alcohol by volume. MINOR. Any person under 21 years of age. OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only. ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only. PACKAGE. A sealed or corked container of alcoholic beverages. RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. 410 3.2%MALT LIQUOR. Malt liquor containing not less than 1/2 of 1% alcohol by volume nor more than 3.2% alcohol by weight. WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than 1/2 of 1% nor more than 24% alcohol by volume for nonindustrial use. WINE does not include DISTILLED SPIRITS as defined by state statute. (Ord. 441, passed 11-5-2007) 401.04 LICENSE REQUIRED. Except as provided.in this chapter, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. (Ord. 441, passed 11-5-2007) Penalty, see § 104.01 • 401-3 2012 S-7 Repl. 401.05 Shorewood - Liquor Regulations 401.05 401.05 CLASSIFICATION OF LICENSES. • Licenses shall be of the following kinds: Subd. 1. On-sale 3.2% malt liquor. These licenses may only be issued to restaurants, hotels, clubs, golf courses, and establishments used exclusively for the sale of 3.2% malt liquor for consumption on the premises only. Subd. 2. On-sale intoxicating liquor licenses. These licenses may be issued only to hotels, clubs and restaurants and shall permit "on-sale" of liquor only. Subd. 3. On-sale intoxicating malt liquor/wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests and whose gross receipts are at least 60% attributable to the sale of food, meeting the qualifications of M.S. § 340A.404, Subd. 5, and shall permit the sale of wine not exceeding 14% alcohol by volume, and the sale of intoxicating malt liquor, for consumption on the licensed premises only, in conjunction with the sale of food. Intoxicating malt liquor is any malt beverage with an alcohol content of more than 3.2% of alcohol by weight. Subd. 4. On-sale wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests meeting the qualifications of M.S. § 340A.404, Subd. 5, and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. Subd. 5. Special club license. These licenses shall be issued only to incorporated clubs which have been in existence for 20 years or more or to congressionally chartered veterans' organizations which have been in existence for ten years or more. Subd. 6. Special license for Sunday sales. Licenses authorizing sales on Sunday between the hours of 10:00 a.m. Sunday and 1:00 a.m. Monday in conjunction with the serving of food may be issued to any hotel, restaurant or club which has facilities for serving at least 30 guests at one time and which has an "on-sale" intoxicating liquor license. Subd. 7. Temporary on-sale 3.2% malt liquor. These licenses may be issued only to clubs, charitable, religious or nonprofit organizations. Subd. 8. Off-sale 3.2% malt liquor. These licenses shall permit the sale of 3.2% malt liquor at retail in the original package for consumption off the premises only. Subd. 9. Off-sale intoxicating liquor licenses. These licenses may be issued only to exclusive liquor stores. (Ord. 441, passed 11-5-2007) 401-4 2008 S-3 • TITLE 700 ANIMAL REGULATIONS • Subject Chapter Dogs 701 Horses and Ponies 702 Hunting and Trapping Animals 703 Prohibition on Feeding Deer 704 • 700-1 2012 S-7 Shorewood - Animal Regulations III III 700-2 • CHAPTER 704 PROHIBITION ON FEEDING DEER Section 704.01 Purpose 704.02 Prohibition on supplemental deer feeding 704.03 Exemptions from provisions 704.04 Violation 704.01 PURPOSE. It is hereby determined that an increasing population of deer within the city poses a threat to public safety by increasing the likelihood of deer-vehicle collisions, and the transmission of diseases to humans from deer; poses a threat to native plant and animal life by excessive foraging which disturbs natural 410 ecological balances; and poses a threat to the quality of life by deer-related damage to landscaping and vegetable gardens. This chapter is intended to reduce these threats by restricting supplemental feeding of deer, which results in unnatural concentrations of deer and can affect the normal movement of deer within the community. It is not the intent of this chapter to regulate the recreational feeding of birds. (Ord. 478, passed 8-22-2011) 704.02 PROHIBITION ON SUPPLEMENTAL DEER FEEDING. No resident may place or permit to be placed on the ground, or within five feet of the ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, seeds, hay or other edible materials which may reasonably be expected to intentionally result in deer feeding,unless such items are screened or protected in a manner that prevents deer from feeding on them. Living fruit trees and other live vegetation shall not be considered as supplemental deer feeding. (Ord. 478, passed 8-22-2011) 704.03 EXEMPTIONS FROM PROVISIONS. • The prohibition described in § 704.02, above shall not apply to: 704-1 2012 S-7 704.03 Prohibition on Feeding Deer 704.04 Subd. 1. Veterinarians, city animal control officials or county, state or federal game officials who • Su y Y are in the course of their duties and have deer in their custody or under their management; Subd. 2. Persons authorized by the City of Shorewood to implement the Deer Management Program approved by the City Council; or Subd. 3. Any food placed upon the property for purposes of trapping or otherwise taking deer where such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources. (Ord. 478, passed 8-22-2011) 704.04 VIOLATION. Any person who violates any of the provisions of this chapter shall be deemed guilty of a Class A Offense, pursuant to § 104.03 of this code. (Ord. 478, passed 8-22-2011) • S 704-2 2012 S-7 1004.04 Rental Housing Code 1004.04 • n. Yard cover. Every y a premises of remises on which a dwelling stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and related decorative materials and the yard shall be maintained consistent with prevailing community standards. o. One family per dwelling unit. Not more than one family, except for temporary guests, shall occupy a rental dwelling unit. p. Accessory structure maintenance. Accessory structures supplied by the owner, agent or tenant occupant on the premises of a rental dwelling shall be structurally sound and be maintained in good repair and appearance. The exterior of the structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. q. Smoke detectors required. All rental dwelling units shall be provided with approved smoke detectors and shall be installed in accordance with the State Building Code. r. Drinking water. The property owner of rental dwelling units having domestic water supplied by a private well must provide a test result of the water from a lab certified by the Minnesota Department of Health at the time of application for initial license. (1) The domestic water supply must be tested upon renewal every three years thereafter or earlier upon change of property ownership. (2) The domestic water supply must meet the standards as established by Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria. Subd. 3. Built-in deficiencies exempt. The following are built-in deficiencies and shall be exempt from compliance with the code; provided, that the built-in deficiencies were in compliance with a building code at the time of construction or do not pose a hazard. a. Ceiling height. Any existing habitable room with less than a seven and one-half foot ceiling height shall be considered a built-in deficiency which is beyond reasonable correction. b. Superficial floor areas. Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction. c. Natural light and ventilation. Any existing habitable room with window area less than 10% of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5% of the floor area. • 1004-11 2012 S-7 1004.04 Shorewood - Building Regulations 1004.04 Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if • .f p Y vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate nazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following: a. Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; b. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems; d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack • of a water closet; lack of washing and bathing facilities; cross connection of pure water supply with fixtures or sewage lines; or the lack of water; e. Structural systems,walls,chimneys, ceilings,roofs, foundations and floor systems that will not safely carry imposed loads; f. Refuse, garbage,human waste,decaying vermin or other dead animals, animal waste, other materials rendering residential buildings and structures unsanitary for human occupancy, including lack of light and air; g. Infestation of rats, insects and other vermin. h. Domestic water used primarily for consumption which exceeds the safe drinking water standards contained in Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria, must be brought into compliance by the property owner before a rental license is issued. (1987 Code, § 1004.04) (Ord. 272, passed 4-12-1993; Am. Ord. 479, passed 8-22-2011) • 1004-12 2012 S-7 1004.05 Rental Housing Code 1004.05 1004.05 INSPECTIONS. Subd. 1. Purpose. The purpose of this section is to establish standards for a program of inspections meant to improve and maintain the overall rental housing in the city. Housing inspections do not indicate compliance with any inspectional program other than that of the city. Inspections are made as a public service and do not constitute any representation, guarantee or warranty to any person as to the conditions of the building inspected. The city does not assume any responsibility or liability in connection with the inspection and issuance of the license required by § 1004.03 of this chapter. Subd. 2. Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling unit, the Compliance Official, together with the local Fire Marshal, shall inspect the premises for compliance with this chapter. A record of the inspection, listing any built-in deficiencies which are exempt from compliance, per § 1004.04, Subd. 3 of this chapter, shall be kept on file at the City Hall. Subd. 3. Triannual compliance inspection. All rental dwelling units shall be reinspected for compliance with this chapter a minimum of once every three years. • • 1004-12A 2012 S-7 Shorewood - Building Regulations • • • 1004-12B 1201.02 Zoning Regulations 1201.02 • ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children, together with not more than one person not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in the housekeeping unit shall be considered a separate family for the purpose of this code. FARM. (See AGRICULTURAL LAND.) FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure. FENCE - BOUNDARY LINE. All fences located within eight feet of a property line. FENCE, INTERIOR YARD. All fences located eight feet beyond a property line. FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material. • FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or Lake William and as is designated and numbered on the Official Zoning Map. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland waters; or b. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of FLOOD.) FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices. • 1201-9 2012 S-7 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 GARAGE - PRIVATE. An accessory building or accessory portion of the principal building • which is intended primarily for and used to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. GARAGE - PUBLIC. Any garage other than a private garage. GRADE (AVERAGE LAND GRADE). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building. GRADING. Changing the natural or existing topography of land. GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or translucent, rigid material, which is used to maintain suitable conditions under which plants may be grown. GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking. HOME OCCUPATION. Any occupation or profession engaged in by the occupants of the dwelling or accessory building when conducted within the dwelling or accessory building or when conducted upon a parcel of land containing the dwelling unit. IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate. INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a continguous patch, strip, row or block. INTERIM CONDITIONAL USE. A temporary use of property until a particular date, until the occurrence of a particular event or until the use is no longer allowed by zoning regulations. INTERIM CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in § 1201.04 of this code. INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation. JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored,cleaned,packed,disassembled or handled, including,but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. 1201-10 2012 S-7 1201.02 Zoning Regulations 1201.02 • MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse,physical therapist, athletic director or trainer, or beautician or barber who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile. MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, and including minor accessories and services for motor vehicles, but not including major repairs and rebuilding. Commonly known as GAS STATION. • NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff. NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot. NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter. NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrian. NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute care facility, but who require nursing supervision on an inpatient basis. • 1201-13 2012 S-7 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 NURSING HOME (REST HOME). A building having accommodations where nursing care is • ( ) g g provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar institutions. OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting merchandise and for the storing of same prior to sale. ORDINARY HIGH WATER LEVEL(O.H.W.L.). The boundary of public waters and wetlands which is described as an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or above grade. PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress and egress of an automobile. PARKING STALL. (See PARKING SPACE.) PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (of any) of the districts. PERSON. An individual, firm,partnership, association, corporation or organization of any kind. PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this code, where a property owner proposes to use the subject property in a reasonable manner not permitted by the code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional. 1201-14 2012 S-7 1201.02 Zoning Regulations 1201.02 4110 PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units. PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of this chapter, any body of water which has the potential to support any type of recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in size and no river or stream having a total drainage area less than two square miles need be regulated for the purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance (Chapter 1102 of this City Code), as may be amended. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Minnesota Commissioner of Natural Resources shall be exempt from the shoreland provisions of this chapter. S • 1201-14A 2012 S-7 Shorewood - Zoning and Subdivision Regulations • 1201-14B 1201.02 Zoning Regulations 1201.02 SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is Y g made known such as are used to show an individual, firm, profession or business and are visible to the general public. SIGN- ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident. SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located. SIGN AREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign. SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the • above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor contain advertising. SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop. SIGN- BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located. SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. SIGN- CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. SIGN - CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. SIGN- DIRECTIONAL. A sign erected on public or private property which bears the address • or name or both of a business, institution, church or other use or activity plus directional arrows or information on location. 1201-17 2006 S-1 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 SIGN - DIRECTORY. An exterior informational wall sign which identifies the names of businesses served by a common public entrance in a shopping center. SIGN-DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN- FREESTANDING. Any stationary or portable, self-supported sign not affixed to any other structure. SIGN-HOLIDAY. Decorations or messages which recognize an official national, state or local holiday. SIGN- ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source. • SIGN - INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. SIGN-INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located. SIGN- INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure. SIGN-MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign. SIGN- MENU BOARD. Any sign that has a message related to the site's food service and the copy is manually or electronically changed and the lettering of which is two inches or less in height so as to not be readable from the adjoining street right-of-way or adjoining property. SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign. • 1201-18 2012 S-7 1201.02 Zoning Regulations 1201.02 • SIGN- MONUMENT. A sig n whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. SIGN- MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. SIGN- NONCONFORMING. a. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments thereto, but which does not conform with the regulations of this chapter. • • 1201-18A 2012 S-7 Shorewood - Zoning and Subdivision Regulations • • • 1201-18B 1201.02 Zoning Regulations 1201.02 • TOWNHOUSES. Structures housin g three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures. TELECOMMUNICATIONS FACILITIES. Cables,wires,lines,wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include: a. A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district; b. A satellite earth station antenna one meter in diameter or less, wherever located. TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities. TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures. UPLAND. All lands at an elevation above the normal high water mark. USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space. USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for.which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter. VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subject property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general purposes and intent of the code, consistent with the • Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of 1201-21 2012 S-7 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 the actions of the property owner or previous property owner, compliance with the code would • result in practical difficulties as defined herein. VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics. VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable. WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land. WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently. WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39(1971 Edition)or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code). YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located. YARD DEPTH-REAR. The mean horizontal distance between the rear line of the building and the rear lot line. YARD-FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE-FRONT.) YARD- REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR.) YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard. ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines. (1987 Code, § 1201.02) (Ord. 180,passed 5-19-1986; Am. Ord. 242, passed 8-26-1991; Am. Ord. 243, passed 9-9-1991; Am. Ord. 261, passed 11-30-1992; Am. Ord. 321, passed 5-12-1997; Am. Ord. 345, passed 10-26-1998; Am. Ord. 373-a, passed 7-23-2001; Am. Ord. 389, passed 8-12-2002; Am. Ord. 419, passed 1-23-2006; Am. Ord. 431,passed 11-27-2006; Am. Ord. 459, passed 6-22-2009; Am. Ord. 485, passed 11-14-2011; Am. Ord. 487, passed 11-28-2011) 1201-22 2012 S-7 1201.03 Zoning Regulations 1201.03 • 1201.03 GENERAL PROVISIONS. Subd. 1. Nonconforming buildings, structures and uses. a. Purpose. It is the purpose of this section to regulate nonconforming structures and uses and to specify those requirements, circumstances and conditions under which • S 1201-22A 2012 S-7 Shorewood - Zoning and Subdivision Regulations • • 1201-22B 1201.03 Zoning Regulations 1201.03 (2) Accessory 2 Accessor structures shall not exceed 15 feet or one story in height. (3) Accessory buildings and structures shall be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as provided in subdivision 3c of this section. (4) For single-family and two-family homes, no accessory building, including attached garages, or combination of accessory buildings, shall exceed three in number, nor 1,200 square feet in area in the R-1A, R-1B, R-1C, R-2A, R-2B and R-3A Districts, nor 1,000 square feet in area in the R-1D, R-2C, R-3B and R-C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: (a) The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions: (i) The lot on which the greenhouse is to be located shall contain a minimum of 80,000 square feet of area. In no case shall the lot area be reduced to less than 80,000 square feet in area; (ii) Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located; (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council; (iv) In no case shall the total area of accessory buildings exceed 7% of the minimum lot area for the district in which the property is located. (b) In no case shall the total area of accessory buildings exceed 10% of the minimum lot area for the district in which the property is located. (c) In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site 41 drainage and landscaping. 1201-27 2012 S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (d) The architectural character of proposed accessory buildings shall • be similar and consistent with other buildings on the site and in the area. (e) Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures, or to exceed 1,000 square feet or 1,200 square feet of accessory floor area, based upon the district in which they are located. Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming, and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or so before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. • 1201-28 2011 S-6 1201.03 Zoning Regulations 1201.03 • (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device; (b) Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs; (c) Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in g. of this subdivision; (d) Except for holiday signs and exceptions provided in provision e.(4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices; (e) Portable signs (except as provided in provision c.(4) below); (f) Signs which are attached in any manner to trees, fences, utility poles or other permanent supports; • (g) No sign shall be illuminated with any flashing or intermittent lights, nor shall it be animated, except for time and temperature information. All displays shall be shielded to prevent any light to be directed at on-coming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal. No light shall be directed onto a lake so as to interfere with navigation thereon; (h) Roof signs. (i) Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet. c. General provisions. (1) All signs shall comply with the Minnesota State Building Code as may be amended. (2) When electrical signs are installed, the installation shall be subject to the • State Building Code as may be amended. 1201-63 2012 S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) No portion of any sign shall be located within five feet of any property • line. No signs other than governmental signs and political campaign signs as provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights-of-way. Any unauthorized signs located in public right-of-way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice. (4) Temporary signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. • (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use; (ii) Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan; (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties; (iv) All signs must be professionally made, using durable weather resistant material,painted or colored dark green on the back side of the sign; • 1201-64 2010 S-5 1201.03 Zoning Regulations 1201.03 (d) Freestanding signs. Freestanding signs shall not exceed 20 feet in ( ) g g height or 80 square feet in area. The total area of the sign structure shall not exceed one-half of the allowable copy area. (e) Window signs. The total area of window signs shall not exceed 10% of the total area of windows as viewed from the street. Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number and area of signs allowed for the property. (f) Menu boards. One menu board sign per restaurant use with a drive-up facility may be allowed in conjunction with a conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and may be in addition to the freestanding sign on the property. Lettering size on the menu board shall not exceed two inches in height. (4) Signs permitted in the PUD Planned Unit Development District. (a) Signs permitted in PUDs shall be as approved by the City Council for each development and shall be consistent with the requirements for the district most closely associated with each use in the PUD. (b) For PUDs containing 20 acres or more of land, the city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and allowable area of signs in a PUD, the city shall take into consideration the functional classification and designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case shall the total allowable area of construction signs exceed three square feet for each acre of land within the PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet. f. Permit issuance;fees. (1) No sign shall be erected in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official (signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the Building Official, or staff representative, has • made a preliminary inspection of the sign before installation and has ascertained that the sign and method of installation comply with all 1201-69 2006 S-1 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 requirements of this chapter. The Building Official may require that • q p detailed plans and specifications be submitted with the application if necessary in his or her judgment. Following permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her certificate of approval. (2) Fees: (a) Payment of fees. The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) Double fees. If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of commencement of the work, he or she shall, when subsequently securing each permit, pay double the fee provided for the permit, or is subject to the penalty provisions of this chapter. (c) Initial fees. The City Council shall, from time to time, establish a fee schedule by ordinance. g. Dynamic display signs. (1) Purpose. The purpose of this section is to allow new technologies in commercial signage that allow messages to be easily updated, while at the same time preventing distraction to motorists and minimizing visual impacts of electronic signage on residential properties. The city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threat to public safety. (2) Permitted sign type and locations. (a) Dynamic display signs are permitted solely as free-standing signs and only in the C-1, General Commercial and C-2, Commercial Service Zoning Districts. Dynamic display signs shall be located no closer than 20 feet from a side lot line. The dynamic display al portion of a freestanding sign shall be located at the bottom of the 1201-70 2012 S-7 1201.03 Zoning Regulations 1201.03 • sign Any face. An portion of a dynamic display sign that consists solely of an alpha-numeric message shall not be counted in the allowable area for the dynamic display sign, provided the alpha-numeric message remains static for no less than four hours at a time. (b) To the extent that signage is allowed in the residential zoning districts, including the R-C, Residential/Commercial Zoning District, dynamic display signs shall be restricted to conditional uses in those districts, and shall be limited to alpha-numeric signs only. Alpha-numeric institutional signs shall be limited to 20 square feet in area and shall be timed to remain static for no less than 90 minutes at a time. (3) Duration of image. A dynamic display sign's image, or any portion thereof, may not change more often than once every ten minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information and except as provided in (2) above. A display of time, date, or temperature must remain for at least ten minutes before changing to a different display, but the time, date, or temperature 40 information itself may change no more often than once every 60 seconds. (4) Transition. If a dynamic display sign's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (5) Prohibition on video display. No portion of a dynamic display sign may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. (6) Prohibition on fluctuating or flashing illumination. No portion of a dynamic display sign image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. (7) Audio. Dynamic display signs shall not be equipped with audio speakers. (8) Malfunctions. Dynamic display signs must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be equipped with a means to immediately 1201-70A 2012 S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 discontinue the display if it malfunctions, and the sign owner or operator • P Y must immediately turn off the display when notified by the city that it is not complying with the standards of this subdivision. (9) Brightness. All dynamic display signs shall meet the following brightness standards: (a) No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the sign's face at maximum brightness. (b) All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the sign's brightness to ensure at any time the sign's intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the sign's face and automatically controls the sign's brightness to comply with the requirements of this subdivision. • (c) No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (d) The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city. (e) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. (10) Sign area limitation. Dynamic display signs are allowed only on free standing signs in the permitted districts. Dynamic display signs may occupy no more than 25% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic el displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 1201-70B 2012 S-7 1201.03 Zoning Regulations 1201.03 • (11) Distance from residential/hours. Dynamic display signs shall be located not closer than 100 feet from a residential zoning district and any dynamic display sign located within 500 feet of single- and two-family residential homes must be programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m. Subd. 12. Home occupations. a. Purpose. The primary purpose of this subdivision is to provide a means through establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. It is further intended that businesses which may be allowed within residential districts should not gain an unfair economic advantage over businesses located in districts zoned for business uses. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all • occupations conducted in the home shall comply with the provisions of this subdivision. c. Procedures and permits. (1) Limited home occupation . Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d.(2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of § 1201.04 of this chapter. (3) Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. • 1201-70C 2012 S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (4) Effect of permit. A special home occupation permit may be issued for a • period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse of special home occupation permit by nonuse. Whenever,within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. Reconsideration. Whenever an application Reconstd pp lication for a permit has been • considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered gain by the Planning Commission or City Council for at least six months 1201-70D 2012 S-7 1201.03 Zoning Regulations 1201.03 • (2) Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining to the use of city parks, including, but not limited to, use of intoxicating beverages. (3) Maintenance and improvements of fire lanes shall be the sole responsibility of the city. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator/Clerk or his or her agent. (4) Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes identified herein. (5) Except for snowmobiles in Class II fire lanes, motorized vehicles shall be prohibited on fire lanes. (6) Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than ten feet. Subd. 20. Elderly housing. a. Purpose. The purpose of this subdivision is to provide opportunities for elderly housing within residential zoning districts and to maintain compatibility with other uses within those districts. b. Conditional use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-2A, R-2B, R-2C, R-3A, R-3B and R-C. In addition the following conditions shall apply: (1) Elderly housing projects shall be processed as planned unit developments (P.U.D.) in compliance with § 1201.06 of this code; (2) Occupancy of each dwelling unit shall be limited to no more than two adults, 62 years of age or older. Occupancy of dwellings which qualify as "housing for older persons" under the Federal Fair Housing Act shall be limited to two adults, 55 years of age or older. The occupancy limitations shall be memorialized in restrictive covenants approved by the city and filed with the Hennepin County Recorder. Exception: the occupancy limitations stated above shall not apply to one adult live-in care-provider serving the needs of the primary occupant(s), provided that if the care- • provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator; 1201-77 2012 S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) To continue to qualify for the elderly housing classification, the owner, • ( ) q fY homeowner's association or agency shall annually file with the City Administrator/Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of the building or buildings, listing the number of tenants or occupants by age, by unit; (4) Adequate off-street parking must be provided in compliance with Subd. 5 of this section. Parking plans must show room on the site for at least one garage space per dwelling unit; (5) Parking areas for five or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Subd. 2g of this section; (6) All signing and informational or visual communication devices shall be in compliance with Subd. 11 of this code. (7) All structures shall comply with the Minnesota State Building Code; (8) The residential density of elderly housing projects shall not exceed the following: • (a) R-1A and R-1 B: Four units per acre; (b) R-1C, R-1D, R-2A, R-2B, and R-2C: Eight units per acre; (c) R-3A, R-3B and R-C: Ten units per acre; (9) The minimum site size for elderly housing projects shall be three acres; (10) Dwelling units may be detached or attached; (11) Building heights shall be limited to one and one-half stories in all districts except the R-3A, R-3B and R-C zoning districts in which buildings may be three stories; (12) Where allowed,multiple-family elderly housing must have elevator service to each floor; (13) Usable open space as defined in this chapter is equal, at a minimum, to 20% of the gross lot area; (14) The provisions of§ 1201.04 Subd. ld(1) are considered and satisfactorily • met. 1201-78 1201.03 Zoning Regulations 1201.03 • (e) In the case of a request for modification of the maximum height ( ) q limit, that the modification is necessary to: (i) Facilities co-location of telecommunications facilities in order to avoid construction of a new tower; or (ii) To meet the coverage requirements of the applicant's wireless communications system,which requirements must be documented with written, technical evidence from an engineer. (23) Failure to comply. (a) If the permittee fails to comply with any of the terms imposed by the conditional use permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. (b) Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by: (i) Written notice to the permittee of the alleged violation; (ii) The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice; and (iii) A hearing before the City Council at least 15 days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. (c) If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and shall provide a post-revocation hearing before the City Council not more than 15 days after permittee's receipt of written notice of the hearing. Following the hearing, the City Council may sustain or rescind the revocation or may impose the other and further discipline as it deems appropriate. 411 1201-85 1201,03 Shorewood - Zoning and Subdivision Regulations 1201.04 (d) Any decision to impose a penalty or other discipline shall be in • writing and supported by substantial evidence contained in a written record. (1987 Code, § 1201.03) (Ord. 168, passed 6-24-1985; Ord. 171, passed 8-12-1985; Ord. 180, passed 5-19-1986; Ord. 188, passed 11-24-1986; Ord. 208, passed 4-11-1988; Ord. 214, passed 5-22-1989; Ord. 226, passed 6-11-1990; Ord. 227, passed 6-11-1990; Ord. 243, passed 9-9-1991; Ord. 261, passed 11-30-1992; Ord. 270, passed 2-22-1993; Ord. 275, passed 5-24-1993; Ord. 276, passed 6-14-1993; Ord. 289, passed 3-28-1994; Ord. 291, passed 5-9-1994; Ord. 321, passed 5-12-1997; Ord. 323, passed 10-26-1997; Ord. 343, passed 9-28-1998; Ord. 345, passed 10-26-1998; Ord. 361, passed 2-14-2000; Ord. 371, passed 5-29-2001; Ord. 374, passed 12-10-2001; Ord. 375, passed 12-10-2001; Ord. 379, passed 2-11-2002; Ord. 392, passed 1-27-2003; Ord. 396, passed 7-28-2003; Ord. 410, passed 12-13-2004; Ord. 413, passed 2-28-2005; Ord. 419, passed 1-23-2006; Ord. 420, passed 2-13-2006; Ord. 427,passed 7-24-2006; Ord. 431, passed 11-27-2006; Am. Ord. 433, passed 1-22-2007; Am. Ord. 459, passed 6-22-2009; Am. Ord. 462, passed 8-24-2009; Am. Ord. 467, passed 5-24-2010; Am. Ord. 472, passed 12-13-2010; .Am. Ord. 473, passed 12-13-2010; Am. Ord. 474, passed 2-28-2011; Am. Ord. 481, passed 9-26-2011; Am. Ord. 487, passed 11-28-2011) 1201.04 ADMINISTRATION AMENDMENTS AND CONDITIONAL USE PERMITS. Subd. 1. Procedure. • a. Application. Requests for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 500 feet of the subject property obtained from and certified by Hennepin County. b. Staff review/technical assistance reports. Upon receipt of an application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also,when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for • 1201-86 2012 S-7 1201.04 Zoning Regulations 1201.04 (5) The user agrees to any conditions that the City Council deems appropriate for permission of the use. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. e. Conditions of approval. In permitting a new interim conditional use permit or amending an existing interim conditional use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this code, additional conditions that the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following: (1) Increasing the required lot size or yard dimension; (2) Limiting the height, size or location of buildings; (3) Controlling the location and number of vehicular access points; • (4) Increasing the street width; (5) Increasing the number of required off-street parking spaces; (6) Limiting the number, size, location and lighting of signs; (7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property. f. Violations. After two nuisance or code violation complaints have been made and verified with written notice to the holder of the interim conditional use permit, a public hearing may be called within 60 days of the last complaint to reconsider the interim conditional use permit. g. Revocation. An interim use permit may be revoked if: (1) The property is found to be in violation of the conditions listed in the interim conditional use permit; or (2) If access to the property for purpose of making and inspection is refused to the Zoning Administrator or its designee. The same process established • 1201-93 2012 S-7 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.05 for granting the interim conditional use permit shall be followed when • considering revocation of an interim conditional use permit. (1987 Code, § 1201.04) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 389, passed 8-12-2002) 1201.05 ADMINISTRATION, VARIANCES AND APPEALS. Subd. 1. Purpose. The purpose of this section is to provide for: a. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter; and b. Variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and to grant the variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of this chapter. Subd. 2. Conditions governing consideration of variance requests. a. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council serving as the Board of will Adjustments and Appeals shall make a finding of fact tha t the proposed a not: (1) Impair an adequate supply of light and air to adjacent property; (2) Unreasonably increase the congestion in the public street; (3) Increase the danger of fire or endanger the public safety; (4) Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this chapter; (5) Violate the intent and purpose of the City Comprehensive Plan. b. A variance from the terms of this chapter shall not be granted unless it can be demonstrated that: (1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district: 1201-94 2012 S-7 1201.05 Zoning Regulations 1201.05 • (a) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness or shape of the property; (b) Special conditions and circumstances may not be primarily economic in nature; (2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by properties in the same district under the terms of this chapter; (3) The special conditions and circumstances are not the result of actions by the property owner or previous property owner; (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district. c. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building and that the variance is the minimum variance necessary. Subd. 3. Procedure. a. Application. Appeals or requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 500 feet of the subject property obtained from and certified by Hennepin County. b. Staff review/technical assistance reports. Upon receipt of an application for appeal or variance, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. • 1201-95 2012 S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.05 c. Public hearing. Upon official submission of the request,the Zoning Administrator • shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. d. Planning Commission action. The Planning Commission shall conduct the public hearing, at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request. (1) The Planning Commission shall consider possible adverse effects of the appeal or variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in subdivision d(2) of this section. (2) The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request. (3) The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council. e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of the next regularly scheduled meeting of the City Council. f. City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact. (1) Approval of a request shall require passage by a simple majority vote of the full City Council. 410 1201-96 2012 S-7 1201.05 Zoning Regulations 1201.05 • (2) The Council may impose any condition it considers necessary to protect the public health, safety and welfare,provided such conditions are directly related to and bear a rough proportionality to the impact of the variance. (3) Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of the full City Council. (4) The City Council serving as the Board of Adjustment and Appeals shall, after receiving the written report and recommendation of the Planning Commission and the city staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter. However, the appeal • shall be filed not later than 90 days after the applicant has received a written notice from the Zoning Administrator or the appeal shall be considered void. Subd. 4. Lapse of variance or appeal. Whenever within one year after granting a variance or appeal, the use as permitted by the variance or appeal shall not have been completed or utilized, then the variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. The petition shall be presented to the Planning Commission for a recommendation to the City Council for a decision. Subd. 5. Performance bond. In the cases as a variance or appeal is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bond to be provided. a. Upon approval of a variance or appeal, the city shall be provided with a surety bond, case escrow, certificate of deposit, securities or cash deposit prior to the • issuing of building permits or initiation of work on the proposed improvements 1201-97 2012 S-7 1201.05 Shorewood - Zoning and Subdivision Regulations 1201.06 or development. The security shall be noncancellable and shall guarantee • conformance and compliance with the conditions of the variance or appeal and the ordinances of the city. b. The security shall be in the amount of one and one-half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development. c. The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the City Building Official. d. Failure to comply with the conditions of the variance or appeal and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies. Subd. 6. Property survey. In those cases where a stipulated requirement of this chapter has been modified through the granting of a variance or appeal, a property survey prepared by a registered land surveyor shall be submitted, outlining lot dimensions, setbacks and buildings. The survey shall be a condition of the variance or appeal and shall be submitted prior to the initiation of any improvement on the property in question. • (1987 Code, § 1201.05) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 485, passed 11-14-2011) 1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT. Subd. 1. Purpose. This section is intended to allow flexibility within zoning districts while maintaining land use compatibility with surrounding neighborhoods. Subd. 2. Application. Within the zoning districts contained in §§ 1201.10 through 1201.23, planned unit development is allowed by conditional use permit. Land use and densities are limited to land uses and densities specified in each of the individual districts. Subd. 3. Special procedures. The establishment of a PUD by conditional use permit shall be subject to the procedures and requirements for conditional use permits as set forth in § 1201.04 of this chapter and the standards and criteria set forth in § 1201.25 of this chapter. Each of the three stages of the review process shall require a separate application. (1987 Code, § 1201.06) (Ord. 208, passed 4-11-1988) • 1201-98 2012 S-7 1201.07 Zoning Regulations 1201.07 1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY. Subd. 1. No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Official stating that the building or structure complies with all of the provisions within this chapter. Subd. 2. The certificate shall be applied for coincidentally with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the Building Official shall have found the building or structure satisfactory and given final inspection. The application shall be accompanied by a fee as established by City Council resolution. (1987 Code, § 1201.07) • • 1201-98A 2012 S-7 Shorewood - Subdivision and Zoning Regulations • • • 1201-98B 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 411 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses Recreational fire permit 501.03 No charge Open burning permit 501.03 $100 per site Boat docks and boat storage 304.05 $35 facility license Tobacco retailer license 302 $250/premise Tobacco administrative fines: Tobacco licensees in violation $75/first offense $200/second offense in 24-month period $250/thereafter within 24-month period Other individuals in tobacco • violation $50 per offense Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50/video booth or stall Dog licenses, per animal 701.03.2 $10 $5 license late fee Kennel license 701.04.2 $25/initial license $10/renewal license Horse permit 702.04 $25 Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath Street excavation permit 901.01.2b $150 Premises permit - new 301.08.4 $100 investigation fee Gambling permit - exempt 301.09.3 $25 • - 1301-2A 2012 S-7 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses System contractor license $1,000 bond Refuse hauler license 503.05.4 $50 plus $25/truck Tree trimmers license 305.01 $30 Commercial lawn fertilizer Application license (annual) 310.03.2d $30 • • 1301-2B 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses Therapeutic massage license fee $50 Application investigation fee $100 Fireworks dealer license/permit $100 per site/per year Domestic partnership registry 110.06 $25 Registration $25 Amendment $25 Termination certificate, $2 certified Multiple dock facility license 1201.24, Subd. 10 $2 per slip/per year II. Liquor Intoxicating liquor license - on- sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxication malt liquor/wine license - on-sale 401.06.1 $2,000 Intoxicating liquor - off-sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt Liquor license - on-sale 401.06.2 $300 3.2% malt liquor Liquor license - off-sale 401.06.2 $50 3.2% malt liquor Temporary license 401.06.2 $25 Liquor license investigation fee - new license 401.06.1 $500 • 1301-3 2012 S-7 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCEL LANEOUS FEES Typc of Charge/Fee City Code Charge/Fee Reference II. Liquor Liquor license investigation fee - 401.06.1 $250 Renewal with change in managers/owners/and the like Liquor licensees in violation 401.06.2 $500/first offense $1,000/second offense in 24-month period $1,500/third offense in 24-month period $2,000/fourth offense in 24-month period III. Utility Rates Sewer Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a $70/qtr/residential $45/qtr/residential (low income) Commercial: $71.90/qtr, plus $2.55/ea 1,000 gallons in excess of 28,500 gallons per qtr. Sanitary sewer surcharge 904.09.5 $100/month Local sewer availability charge 904.18.3 $1,200 Water Water connection permit 903.03.1a Inside $50 Outside $60 Watering restriction violation 903.12 $50 first violation $25 increase each succeeding violation (e.g. 2nd violation $75, 3rd violation $100, and the like) • 1301-4 2009 S-4 1301,02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Degradation fee 901.09 Varies Restoration fee 901.12 Varies * Fee is waived when done in conjunction with a building permit or when burned by Fire Department. (1987 Code, § 1301.02) (Ord. 263, passed 12-14-1992; Ord. 274, passed 5-10-1993; Ord. 277, passed 8-23-1993; Ord. 279, passed 9-27-1993; Ord. 285, passed 1-24-1994; Ord. 287, passed 3-14-1994; Ord. 292, passed 5-23-1994; Ord. 299, passed 6-12-1995; Ord. 301, passed 6-12-1995; Ord. 302, passed 7-10-1995; Ord. 309, passed 2-12-1996; Ord. 322, passed 6-9-1997; Ord. 328, passed 12-15-1997; Ord. 329, passed 12-15-1997; Ord. 332, passed 2-23-1998; Ord. 340, passed 9-14-1998; Ord. 344, passed 9-28-1998; Ord. 351, passed 5-24-1999; Ord. 353, passed 6-14-1999; Ord. 356, passed 9-13-1999; Ord. 359, passed 12-13-1999; Ord 360, passed 1-10-2000; Ord 365, passed 8-14-2000; Ord. 369, passed 2-12-2001; Ord. 370, passed 2-26-2001;Ord. 412, passed 2-28-2005; Ord. 416, passed 7-25-2005; Ord. 432, passed 12-11-2006; Am. Ord. 437, passed 7-9-2007; Am. Ord. 438, passed 8-13-2007; Am. Ord. 439, passed 9-10-2007; Am. Ord. 442, passed 11-5-2007; Am. Ord. 445, passed 12-10-2007; Am. Ord. 446, passed 1-28-2008; Am. Ord. 452, passed 7-14-2008; Am. Ord. 457, passed 4-13-2009; Am. Ord. 463, passed 1-11-2010; Am. Ord. 471, passed 11-22-2010; Am. Ord. 483, passed 9-26-2011; Am. Ord. 488, passed 11-28-2011) 1301-11 2012 S-7 Shorewood - Municipal Fees • IP III 1301-12 • REFERENCES TO MINNESOTA STATE STATUTES M.S. Section Code Section Ch. 12 602.01, 602.08 Ch. 13 105.06, 303.02 15.73, Subd. 3 901.04 15.99, Subd. 3.(e) 1101.10 16B.59-16B.75 1001.02, 1001.03 16B.62, Subd. 1 1001.04, 1001.05 16B.65, Subd. 1 1001.04 16B.69 1001.06 16B.70 1001.05 18.75-18.88 501.04 Ch. 18B 310.03 Ch. 18C 310.03 42 1201.26 82.17 204.02 84.81-84.88 611.05 88.16-88.22 608.11 Ch. 103F 1101.01 Ch. 103G 1101.04, 1101.10 Ch. 105 1201.26 105.44 1201.26 144.391 302.01 152.02 306.02 168.10 502.02 Ch. 168B 502.01 168B.01 604.04 Ch. 169 604.04, 610.01,611.05 169.01 902.04 Chs. 200-212 106.01 211B.045 1201.03 216B.02 901.04 216B.02, Subd. 4 901.04 216B.02, Subd. 6 901.04 Ch. 216D 901.28 216D.01-.09 901.20, 901.28 • 216D.04, Subd. 3 901.04 3 2012 S-7 Shorewood - Parallel References • M.S. Section Code Section 237.16 901.04 237.79 901.04 237.81 901.04 237.162 901.04, 901.11 237.162, Subd. 4 901.04, 901.11 237.163 901.04, 901.11 237.163, Subd. 2(b) 901.04 Ch. 238 901.04 238.086 901.04 260.185 606.01 278.01-278.13 312.09 290.09-290.13 1201.02 299F.011 607.03, 901.02 299F.011, Subd. 4 607.04 299F.011, Subd. 6 607.05 300.06 901.06 Ch. 308A 901.04 309.515 308.05 326.02 1202.02 • Ch. 327 1201.02 Ch. 329 308.07 Ch. 340A 401.02 340A.101 401.03 340A.404, Subd. 5 401.05 340A.412, Subd. 14 401.03 340A.414 401.18 340A.504 401.17, 401.18 340A.801 401.15 340A.802 401.09 343.40 701.05 Ch. 349 301.01, 301.02, 301.03 349.11-349.23 301.06, 301.07 349.166 301.09 . 349.12 301.04 349.213 301.03 Ch. 361 501.06 Ch. 363 204.01 364.03 312.09, 312.12 364.06 105.06, 303.02 364.09 105.06, 303.02 • 4 2012 S-7 References to Minnesota State Statutes • M.S. Section Code Section Ch. 412 105.03 412.221 309.01 412.221 et seq. 501.08 412.541 105.01, 105.02 412.581 105.01, 105.02 412.591 107.01 Ch. 429 501.08, 901.17, 1202.07 429.101 104.03, 502.01, 502.02, 502.03 444.25 906.05 444.075 905.02, 905.08 Ch. 453 901.04 Ch. 453A 901.04 Ch. 462 901.17, 1101.01 462.351-462.363 1201.01 462.354, Subd. 1 201.01 462.355, Subd. 2 201.07 462.355, Subd. 3 201.07 462.356, Subd. 2 201.07 • 462.357 309.01 462.357, Subd. lc 1201.03 462.357, Subd. 3 201.07 462.357, Subd. 6 201.07 462.358 1202.01, 1202.02 462.359, Subd. 4 201.07 462.361 1201.04 463.15 1004.06 Ch. 466 501.08 446.04 901.06 471.195 502.06 463.17 502.02 Ch. 474 108.01 474.01(7) 108.04 474.02 108.02 Ch. 505 1202.02 505.03 1202.04 514.67 104.03, 501.08 Ch. 515 1201.25 515.01-515.19 1201.02 609.75-609.763 301.06, 301.13 • 5 2012 S-7 Shorewood - Parallel References M.S. Section Code Section • 609.725 603.03 624.20 312.01, 312.02, 603.05 626.862 104.02 4715.3140 901.06 • • 6 2011 S-6 • REFERENCES TO MINNESOTA RULES Minn. Rules Section Code Section Ch. 1306 1001 03 Ch. 1335 1001.03 Ch. 1335, parts 1335.0600-1335.1200 1001.03 Ch. 1510 608.11 Part 4720.0350 1004.04 6100.5700, subp. 5 611.04 Ch. 6120, parts 6120.2500-6120.3900 1201.02 6120.3400 904.06 Ch. 7009 1201.03 Ch. 7011 1201.03 Ch. 7017 1201.03 • Ch. 7019 1201.03 Ch. 7030 501.05, 1201.03, 1201.23, 1201.24 Ch. 7560 901.11, 901.28 7560.0150, subp. 2 901.17 7819.0050-7819.9950 901.04 7819.1000, subp. 3 901.07 7819.1100 901.04, 901.11 7819.1250 901.25 7819.1300 901.21 7819.3000 901.11 7819.3100 901.19 7819.3200 901.23 7819.4000 901.17 7819.4100 901.17 7819.5000 901.11, 901.19 • 7819.5100 901.19 Ch. 7819, parts 7819.9900-7819.9950 901.04 Chs. 8200-8255 106.01 8800.1200 1201.03 8800.2800 1201.03 7 2012 S-7 Shorewood - Parallel References • • 8 References to Ordinances 0 Ord. No. Date Passed Code Section 429 1-22-2007 1005.01-1005.06 430 11-13-2006 603.06, 703.04 431 11-27-2006 1201.02, 1201.03 432 12-11-2006 1301.02 433 1-22-2007 1201.03 434 3-12-2007 610.09 435 3-12-2007 201.04 436 5-29-2007 Adopting Ordinance 437 7-9-2007 1301.02 438 8-13-2007 1301.02 439 9-10-2007 1301.02 440 11-5-2007 1201.22 441 11-5-2007 401.01-401.22, 402.01-402.03 442 11-5-2007 1301.02 443 11-26-2007 1201.24 444 12-10-2007 901.01-901.29 445 12-10-2007 1301.02 446 1-28-2008 1301.02 0 447 1-28-2008 904.09 448 4-14-2008 401.17 449 6-9-2008 106.01 450 6-23-2008 904.06 451 7-14-2008 903.12 452 7-14-2008 1301.02 453 9-22-2008 Adopting Ordinance 454 12-8-2008 307.01-307.14 455 12-8-2008 907.01-907.13 456 2-9-2009 903.09 457 4-13-2009 1301.02 458 4-27-2009 103.02, 104.03 459 6-22-2009 1201.02, 1201.03 460 7-27-2009 Adopting Ordinance 461 7-27-2009 503.09 462 8-24-2009 1201.03 463 1-11-2010 1301.02 464 2-22-2010 903.08, 903.09 465 4-26-2010 106.01 466 4-26-2010 201.01-201.08 467 5-24-2010 1201.03 0 468 5-24-2010 202.01-202.05 469 6-14-2010 201.03, 202.02 27 2011 S-6 Shorewood - Parallel References Ord. No. Date Passed Code Section • 470 6-28-2010 Adopting Ordinance 471 11-22-2010 1301.02 472 12-13-2010 1201.03 473 12-13-2010 1201.03 474 2-28-2011 1201.03 475 5-9-2011 302.01-302.14 476 5-23-2011 Adopting Ordinance 478 8-22-2011 704.01-704.04 479 8-22-2011 1004.04 480 8-22-2011 105.06, 303.01, 303.02 481 9-26-2011 1201.03 482 9-26-2011 301.01-301.13 483 9-26-2011 1301.02 484 10-24-2011 308.01, 308.02, 308.04-308.06, 308.08, 308.11, 308.12 485 11-14-2011 1201.02, 1201.05 486 11-14-2011 110.01-110.06 487 11-28-2011 1201.02, 1201.03 110 488 11-28-2011 1301.02 4110 28 2012 S-7 • INDEX 3.2% MALT LIQUOR (See LIQUOR REGULATIONS) ABANDONED, WRECKED VEHICLES Abandonment of vehicles, 502.04 Definitions, 502.02 Disposition of abandoned property, 502.06 Impoundment of abandoned vehicles, 502.05 Nuisance declared, 502.03 Reclamation of vehicle, 502.07 State laws adopted, 502.01 Violations and penalties, 502.08 ADMINISTRATOR, 105.03 ADULT USE ESTABLISHMENTS • Additional conditions for adult cabarets, 309.05 Definitions, 309.02 Findings and purpose, 309.01 Hours of operation, 309.04 License required, 309.06 Location, 309.03 ALARM SYSTEMS Criminal penalties, 601.08 Definitions, 601.02 False alarms, reports required, 601.04 Permit fees, 601.06 Permits and exemptions, 601.03 Prohibited conditions, systems utilizing taped or prerecorded messages, 601.05 Statement of purpose, 601.01 Suspension or revocation of permit, 601.07 ALCOHOLIC BEVERAGES (See LIQUOR REGULATIONS) 10 3 Shorewood - Index ANIMAL REGULATIONS • Deer, prohibition on feeding Excmptions from provisions, 704.03 Purpose, 704.01 Prohibition on supplemental deer feeding, 704.02 Violation, 704.04 Dogs Confinement of certain dogs, 701.08 Definitions, 701.02 Destruction of certain dogs, 701.11 Dog nuisances, 701.07 Enforcement, 701.03 Impoundment and redemption procedures, 701.09 Limitations on number of dogs, 701.05 Prohibited acts and conditions, 701.12 Purpose, 701.01 Rabies control, 701.10 Registration and licensing requirements, 701.04 Running at large, 701.06 Violation, 701.13 Horses and ponies • Application for permit, 702.02 Fees, 702.04 Horses and ponies no longer boarded within city, report required, 702.09 Horses or ponies at large, 702.07 Inspection of premises, required standards, 702.03 Issuance of permit, term, 702.05 Limitation of number of horses or ponies, 702.06 Permit required, 702.01 Prohibited acts and conditions, 702.08 Violation, 702.10 Hunting and trapping animals Definitions, 703.02 Exemptions from provisions, 703.04 Prohibited acts, 703.03 Purpose, 703.01 Violation, 703.05 ANIMALS; CRUELTY TO, 603.08 • 4 2012 S-7 Index AUDIT REQUIRED, 107.01 AUTO-ORIENTED COMMERCIAL DISTRICT, 1201.21 BACKGROUND CHECKS City license applicants Criminal history license background investigations, 303.02 Purpose, 303.01 Employment, 105.06 BIENNIAL ELECTIONS, 106.01 BOAT DOCKS AND BOAT STORAGE FACILITIES Application for license, 304.03 Construction and maintenance of commercial docks, 304.07 Definitions, 304.01 Inspections, 304.08 License fee, term of license, 304.05 License required, 304.02 Regulation of commercial storage facilities, 304.06 • Restrictions on license, 304.04 Violation, 304.09 BRIDGES AND PUBLIC WAYS; USE OF, 610.07 BUILDING REGULATIONS Building Code Application, administration and enforcement, 1001.04 Building code optional chapters, 1001.03 Codes adopted by reference, 1001.02 Permits and fees, 1001.05 Purpose, 1001.01 Violations and penalties, 1001.06 Excavation or storage of rock, sand and gravel Application for permit, fee, 1003.02 Exemptions from provisions, 1003.04 Permit required, 1003.01 Procedure for approval, 1003.03 Violation, 1003.05 5 2012 S-7 Shorewood - Index BUILDING REGULATIONS (Coned) • Moving of buildings Definitions, 1002.01 Enforcement and violation, 1002.09 Existing covenants and agreements, 1002.05 House movers, 1002.08 Liability of permittee, 1002.07 Permit requirements, 1002.02 Restoration of original site, costs, 1002.06 Routes designated, 1002.04 Rules and regulations, 1002.03 Outdoor wood-burning furnaces Definitions, 1005.02 Existing furnaces, 1005.05 Minimum standards, 1005.04 Penalties, 1005.06 Permit required, 1005.03 Purpose, 1005.01 Rental Housing Code Administration and enforcement, 1004.06 Definitions, 1004.02 Inspections, 1004.05 Licensing of rental units, 1004.03 Minimum standards, 1004.04 Purpose and intent, 1004.01 BURNING BAN OR AIR QUALITY ALERT, 608.10 (See also OPEN BURNING) C-1, GENERAL COMMERCIAL DISTRICT, 1201.22 C-4, COMMERCIAL SERVICE DISTRICT, 1201.23 CANVASSERS AND GARAGE SALES (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) CITY ADMINISTRATOR, 105.03 CITY CLERK, 105.01 CITY CODE (See CODE OF ORDINANCES) • 6 2012 S-7 Index • CITY COUNCIL 105.05 CITY OFFICERS AND EMPLOYEES City Administrator, 105.03 City Clerk, 105.01 City Treasurer, 105.02 Code of Ethics, 105.04 Employment background checks, 105.06 Mayor and City Council, 105.05 CITY TREASURER, 105.02 CLERK, 105.01 CODE OF ETHICS, 105.04 CODE OF ORDINANCES Adoption of statutes and rules by reference, 101.15 Annual audit required, 107.01 Application to future ordinances, 101.03 • Biennial elections, 106.01 Captions, 101.04 City officers and employees City Administrator, 105.03 City Clerk, 105.01 City Treasurer, 105.02 Code of Ethics, 105.04 Employment background checks, 105.06 Mayor and City Council, 105.05 Copies of code, 101.14 Definitions Definitions, 103.02 General rule, 103.01 Domestic partnership registry Amendments to domestic partnership registration, 110.04 Definitions, 11.0.02 Fees, 110.06 Purpose, 110.01 Registration of domestic partnerships, 110.03 Termination of domestic partnership, 110.05 • 7 2012 S-7 Shorewood - Index CODE OF ORDINANCES (Cont'd) • Effective date of ordinances, 101.10 Errors and omissions, 101.07 General penalty and enforcement Administrative enforcement, 104.03 Enforcement, 104.02 General penalty, 104.01 Harbor limits Harbor limits established, 109.01 Jurisdictional limit, 109.02 Lake Minnetonka Conservation District Code, 109.03 Official time, 101.08 Ordinances which amend or supplement code, 101.12 Preservation of penalties, offenses, rights and liabilities, 101.13 Reasonable time, 101.09 Reference to offices, 101.06 Reference to other sections, 101.05 Repeal or modification of ordinance, 101.11 Rules of interpretation, 101.02 Saving clause Court proceedings, 102.04 • Ordinances repealed, 102.01 Ordinances unaffected, 102.02 Public utility ordinances, 102.03 Severability, 102.05 Title of code, 101.01 COMBUSTIBLE LIQUIDS; STORAGE OF Deliveries restricted, 609.03 Exemptions from provisions, 609.05 Purpose, 609.01 Removal and abandonment, 609.04 Storage limits, 609.02 COMMERCIAL DISTRICT, 1201.19 COMMERCIAL SERVICE DISTRICT, 1201.23 8 2012 S-7 Index • CONTROLLED SUBSTANCES Confiscation and disposition of prohibited drugs, 306.08 Definitions, 306.02 Exceptions, 306.04 General regulation, 306.01 Inhaling, breathing, drinking of certain substances prohibited, 306.05 Prohibited acts, 306.03 Purchase, sale or possession regulated, 306.06 Self-service display prohibited, 306.07 Violation, 306.09 CRUELTY TO ANIMALS, 603.08 CURFEW FOR MINORS, 606.01 DEER, PROHIBITION ON FEEDING Exemptions from provisions, 704.03 Prohibition on supplemental deer feeding, 704.02 Purpose, 704.01 Violation, 704.04 ill DESIGN STANDARDS, 1202.05 DISCRIMINATORY PRACTICES Application to city officers and employees, 204.05 Contracts with the city, 204.04 Definitions, 204.02 Policy of city, purpose, 204.01 Unlawful discriminatory practices, 204.03 Violation, 204.06 DOGS (See ANIMAL REGULATIONS) DOMESTIC PARTNERSHIP REGISTRY Amendments to domestic partnership registration, 110.04 Definitions, 110.02 Fees, 110.06 Purpose, 110.01 Registration of domestic partnerships, 110.03 Termination of domestic partnership, 110.05 • 9 2012 S-7 Shorewood - Index DRUGS (See CONTROLLED SUBSTANCES) • ELECTIONS; BIENNIAL, 106.01 EMERGENCY MANAGEMENT Authorizing dispatch and use of city equipment and services by the Director in emergency situations (mutual aid), 602.09 Definitions, 602.02 Emergency management a governmental function, 602.07 Emergency regulations, 602.06 Establishment of an Emergency Management Organization, 602.03 Local emergencies, 602.05 Participation in labor dispute or politics, 602.08 Policy and purpose, 602.01 Powers and duties of the Director, 602.04 EMPLOYEES (See CITY OFFICERS AND EMPLOYEES) EVENT REGISTRATION AND PERMIT (See SPECIAL EVENT REGISTRATION AND PERMIT) FALSE ALARMS, REPORTS REQUIRED, 601.04 • FALSE INFORMATION TO POLICE False information or name, 605.01 Penalty, 605.03 Refusal to identify, 605.02 FIRE CODE; UNIFORM (See UNIFORM FIRE CODE) FIRE PROTECTION UTILITY DISTRICT Establishment of tax lien, 906.05 Establishment of Utility District, 906.01 Fees, 906.03 Improvements, 906.02 Payment of charge, 906.04 • 10 2012 S-7 Index • FIREWORKS DEALERS LICENSE FEES AND SALE OF PERMITTED CONSUMER FIREWORKS Definitions, 312.02 Insurance required, 312.07 License application, 312.06 License application verification and consideration, 312.08 License fee and term of license, 312.04 License required, 312.03 License restrictions, 312.10 Mobile sales or sales by transient merchants, 312.05 Penalty, 312.13 Persons and locations ineligible for a license, 312.09 Purpose and findings, 312.01 Restrictions regarding operation, 312.11 Sanctions for license violations, 312.12 FLOOD PLAIN MANAGEMENT REGULATIONS Administration, 1101.10 Amendments, 1101.13 Establishment of flood plain districts, 1101.03 FF, Flood Fringe District, 1101.05 • FW, Floodway District, 1101.04 General provisions, 1101.02 Manufactured homes and placement of recreational vehicles, 1101.09 Nonconforming uses, 1101.11 Penalties for violation, 1101.12 Public utilities, railroads, roads and bridges, 1101.08 Statutory authorization, findings of face and purpose, 1101.01 Subdivisions, 1101.07 GAMBLING AND RAFFLES Adoption of state law by reference, 301.02 Applicability, 301.05 Application and local approval of premises permits, 301.08 City may be more restrictive than state law, 301.03 Council approval, 301.07 Definitions, 301.04 Lawful gambling permitted, 301.06 License and premises permit display, 301.10 Local gambling tax, 301.12 Local acknowledgment of exempt permits, 301.09 Notification of material changes to application, 301.11 Penalty, 301.13 Purpose, 301.01 11 2012 S-7 Shorewood - Index TRANSIENT MERCHANTS,SALES (See , SOLICITORS, PEDDLERS, CANVASSERS • AND GARAGE SALES) GARBAGE COLLECTION AND DISPOSAL (See REFUSE COLLECTION AND DISPOSAL) GENERAL COMMERCIAL DISTRICT, 1201.22 GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) HARBOR LIMITS Harbor limits established, 109.01 Jurisdictional limit, 109.02 Lake Minnetonka Conservation District Code, 109.03 HORSES (See ANIMAL REGULATIONS) HOUSE NUMBERING, 901.03 HUNTING AND TRAPPING ANIMALS (See ANIMAL REGULATIONS) ILLICIT DISCHARGE INTO STORMWATER SYSTEM Appeal of notice of violation, 907.10 Applicability, 907.03 Best management practices, 907.07 Cost of abatement of the violation, 907.11 Definitions, 907.02 Enforcement, 907.09 Notification of spills, 907.08 Prohibited discharges, 907.06 Purpose/intent, 907.01 Remedies not exclusive, 907.12 Responsibility for administration, 907.04 Severability, 907.05 INTOXICATING LIQUOR (See LIQUOR REGULATIONS) JUVENILE CURFEW Curfew for minors, 606.01 L-R, LAKESHORE RECREATIONAL DISTRICT, 1201.24 LAKE MINNETONKA CONSERVATION DISTRICT CODE, 109.03 • 12 2012 S-7 Index • LAKE RESTRICTIONS FOR BOATS (See HARBOR LIMITS, 109.01) LAKESHORE RECREATIONAL DISTRICT, 1201.24 LAWN FERTILIZER APPLICATION CONTROL Definitions, 310.02 Exemption to phosphorous requirement, 310.05 General regulations, 310.04 Penalty, 310.06 Purpose, 310.01 Regulations for commercial lawn fertilizer applicators, 310.03 LICENSE BACKGROUND CHECKS FOR APPLICANTS OF CITY LICENSES Criminal history license background investigations, 303.02 Purpose, 303.01 LIQUIDS; COMBUSTIBLE; STORAGE OF (See COMBUSTIBLE LIQUIDS; STORAGE OF) LIQUOR REGULATIONS Consumption, purchase and possession of alcohol by persons under the age of 21 years • Consumption of alcohol by persons under the age of 21 years, 402.01 Furnishing alcoholic beverages to persons under 21 years of age, 402.02 Misdemeanors, 402.03 Liquor regulations Application for a license, 401.09 Bond and insurance requirements, 401.15 Classification of licenses, 401.05 Conditions of license, 401.16 Definitions, 401.03 Enforcement, 401.20 Hours of operation, 401.17 License and investigation fees, 401.06 License required, 401.04 License violation administrative penalties, 401.22 Licensing procedures, 401.10 Municipal Liquor Store abolished, 401.01 Off-sale licenses, number of, 401.07 Persons ineligible for licenses, 401.08 Prohibited acts and conditions, 401.18 Renewal applications, 401.11 Restrictions on license, 401.13 • State statutes adopted, 401.02 Suspension or revocation of license, 401.19 12A 2012 S-7 Shorewood - Index LIQUOR REGULATIONS (Cont'd) • Liquor regulations (Cont'd) Terri of license, 401.14 Transfer of license, 401.12 Violation, 401.21 • 12B 2012 S-7 Index • SUBDIVISION REGULATIONS Definitions, 1202.02 Design standards, 1202.05 Non-platted subdivisions, 1202.08 Plat and data requirements, 1202.04 Procedures for filing and review, 1202.03 Public lands, 1202.06 Required improvements, 1202.07 Title and application, 1202.01 Variances and appeals, 1202.09 Violations and penalty, 1202.10 THERAPEUTIC MASSAGE LICENSING Definitions, 311.02 Educational requirements, 311.06 Exceptions to licensing requirements, 311.07 Fees, 311.04 Insurance requirements, 311.05 License, 311.03 License restrictions and regulations, 311.08 • Purpose, 311.01 Violations, 311.09 TOBACCO; SALE OF Basis for denial of license, 302.05 Compliance checks and inspections, 302.10 Definitions, 302.02 Exceptions and defenses, 302.14 Fees, 302.04 License, 302.03 Other illegal acts, 302.11 Penalties, 302.13 Prohibited sales, 302.06 Purpose, 302.01 Responsibility, 302.09 Self-service sales, 302.08 Vending machines, 302.07 Violations and hearing process, 302.12 19 2012 S-7 Shorewood - Index TRAFFIC CODE • Careless driving off highways, 610.05 Exhibition driving, 610.04 Operation of vehicles in parks or on public grounds, 610.06 Passing school buses, 610.03 Seasonal weight restrictions, 610.09 State law adopted, 610.01 Stopping, standing and parking, 610.02 Use of bridges and public ways, 610.07 Vehicle operations, 610.08 Violations, 610.10 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Appeal, 308.10 Definitions, 308.02 Exclusions, 308.04 Issuance of license, 308.07 License application, 308.06 License fee and licensure, 308.08 License limitations, 308.11 License required, 308.03 No fee for canvassing, religious, political, educational and charitable organizations, 308.05 411 Peddlers, transient merchants, canvassers and solicitors may be prohibited by placard, 308.12 Regulations, transient merchants, 308.13 Revocation, 308.09 Scope and purpose, 308.01 TRAPPING ANIMALS (See ANIMAL REGULATIONS) TREASURER, 105.02 TREE PRESERVATION Penalty and enforcement, 1103.03 Purpose and intent, 1103.01 Regulations, 1103.02 TREE TRIMMERS Insurance requirements, 305.02 License fee, 305.01 Term of license, 305.03 Violation, 305.04 I 20 2012 S-7 AM HRICAN LEGAL May 24, 2012 City of Shorewood Ms. Jean Panchyshyn 5755 Country Club Road Shorewood, MN 55331 Dear Ms. Panchyshn: Enclosed please find a copy of the CD-ROM containing the S-7 Supplement to the Code of Ordinances for Shorewood in Folio Views. The instructions for installing your update are below. 1. Insert the CD-ROM into your PC or file server. 2. Use Windows Explorer(from the "My Computer" icon on your desktop)to copy the new .NFO file from the CD-ROM to the appropriate folder on your file server or PC, replacing the older NFO file with the same name. -The default location for the NFO is "c:\amlegal\nfo" on your PC 3. From your desktop, open the code in Folio Views from the icon to confirm that your code of ordinances has been updated correctly. 4. If you receive an error during Step 3, copy the LCF file on the CD-ROM to the appropriate folder on your file server or PC, replacing the older NFO file with the same name. -The default location for the LCF is "c:\amlegal" on your PC. In addition, the code will be updated on the Internet to reflect these latest changes. Please call if you have any questions. Sincerel , Sarah Crabtree Bauer AMERICAN LEGAL PUBLISHING CORPORATION sbauer @amlegal.com 1-800-445-5588 432 Walnut Street•12th Floor•Cincinnati,Ohio 45202 www.amlegal.com•e-mail: customerservice@amlegal.com•fax(513)763-3562 (800) 445-5588 Jean Panchyshyn From: Jean Panchyshyn Sent: Friday, April 27, 2012 3:27 PM To: 'aoaks @amlegal.com' Subject: Shorewood MN 2012 S-7 Supplement Draft Attachments: 1006-1 to 1006-6.pdf; 110-3.pdf; 1301-9 to 1301-10.pdf; Ord 477 Electrical Inspections.doc Hello Amy, Thank you for sending me the draft of the City of Shorewood, MN, 2012 S-7 Supplement. I have reviewed it and have just a couple of items and questions: 1) See attached file: 110-3.pdf—The number"2" needs to be deleted from the top of this page, as noted. 2) See attached file: 1301-9 to 1301-10.These pages were included in the blue draft, but I don't think they are needed as there are no changes on these two pages.They were not in the redline copy. 3) See attached file: 1006-1 to 1006-6—this is our Ord. No.477 (also attached). This ordinance is a little strange in that it was written to allow our electrical inspector to conduct inspections during our state budget shut-down (our state normally does the electrical inspections). There was a Sunset clause written into the ordinance (last page—Section 2-highlighted on the word document): Section 2 Sunset.This Ordinat ce s`hall.be revoked c? iihout her action oftl e city, ©uncil o be.the Department or Labor and Industry is funded'for the 2011 fiscal year by legislative enactment of a state budget. According to this statement, this ordinance has since been revoked, because the state budget crisis was settled. I'm thinking this ordinance should not be codified; I'm just not sure if we should somehow identify that it existed and has since been revoked. Do you have any input on this? Should we add a "Reserved" Chapter 1006 to the TITLE 1000 page and then add a Chapter 1006 page (similar to how our Chapter 303 is written? Your thoughts? Jean Panchyshyn Deputy Clerk City of Shorewood Ph: 952-960-7911 Fax: 952-474-0128 1 ;RIcA LEGAL April 18, 2012 Ms. Jean Panchyshyn, Executive Secretary/Deputy Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2012 S-7 Supplement Draft Dear Ms. Panchyshyn: Enclosed please find a draft of the 2012 S-7 Supplement to the Shorewood Code of Ordinances for your review. Also enclosed is a redline/strikeout version of the supplement to assist you in identifying the exact changes made. Please review this draft and notify me of any revisions no later than May 10, 2012. If I have not heard from you by May 10, I will assume the draft is acceptable as edited and proceed with printing the finished supplement. Thank you for you assistance in the production of this supplement. If you have any questions, I may be reached at 1-800-445-5588 or via e-mail at the address below. My best, CC'.(04-- Amy E. Oaks Assistant Administrator of Editorial Services AMERICAN LEGAL PUBLISHING CORP. aoaks @amlegal.com 432 Walnut Street•12th Floor•Cincinnati,Ohio 45202 www.amlegal.com•e-mail: customerservice @amlegal.com•fax(513)763-3562 (800) 445-5588