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American Legal Supplement 12 - 2017r� REMOVE OLD PAGES Title Page SHOREWOOD, MINNESOTA Instruction Sheet 2017 S -12 Supplement ADOPTING ORDINANCE TABLE OF CONTENTS INSERT NEW PAGES Title Page 23,24 1,2 1,2 TITLE 500: PUBLIC HEALTH AND SAFETY 500 -1, 500 -2 505 -1, 505 -2 • TITLE 1000:BULDING REGULATIONS 500 -1, 500 -2 505 -1, 505 -2 506 -1 through 506 -4 1004 -1 through 1004 -6 1004 -1 through 1004 -6B 1004 -13 through 1004 -16 1004 -13 through 1004 -16 TITLE 1100: FLOOD PLAIN AND WETLAND DEVELOPMENTS 1101 -1 through 1101 -26 1101 -1 through 1101 -26 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -5 through 1201 -10 1201 -5 through 1201 -10 1201 -13 through 1201 -22B 1201 -13 through 1201 -22B 1201-25, 1201 -26 12010-25, 1201 -26 1201 -86A, 1201 -86B 1201 -86A through 1201 -86F 1301 -1 through 1301 -12 • TITLE 1300: MUNICIPAL FEES 1 1301 -1 through 1301 -4 Shorewood, Minnesota - Instruction Sheet REMOVE OLD PAGES PARALLEL REFERENCES 3 through 10 19,20 23 through 30 INDEX 5, 6 11 through 12B 17, 18 AJK 7/17 INSERT NEW PAGES 3 through 10 19,20 23 through 30 5,6 11 through 12B 17 through 18B 2 • • • CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2017 S -12 Supplement contains: Local legislation current through Ord. 541, passed 5 -22 -2017 • Published by: AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street � 3rd Floor 4 Cincinnati, Ohio 45202 -3909 1- 800 - 445 -5588 d www.amlegal.com • COPYRIGHT © 2017 AMERICAN LEGAL PUBLISHING CORPORATION • l__.J 0 0 CITY OF SHOREWOOD ORDINANCE NO. 528 AN ORDINANCE ENACTING AND ADOPTING THE 2016 S -11 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 525 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 eleventh 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 2016 S -11 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. ATTEST: Jean Panchyshyn, City Clerk 2017S-12 23 Scott Zerby, Mayor Shorewood - Adopting Ordinance • • 24 CITY OF SHOREWOOD ORDINANCE 545 AN ORDINANCE ENACTING AND ADOPTING THE 2017 S -12 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 541 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 eleventh 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 2017 S -12 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of August 2017. Scot rby, Mayo ATTEST: /+a , 1(w Sandie Thone, City Clerk • • 0 Chapter SHOREWOOD, MINNESOTA TABLE OF CONTENTS TITLE 100: ADMINISTRATION 101. Official City Code 102. Saving Clause 103. Definitions 104. General Penalty and Enforcement 105. City Officers and Employees 106. Biennial Elections 107. Annual Audit 108. [Reserved] 109. Harbor Limits TITLE 200: BOARDS AND COMMISSIONS 201. Planning Commission 202, Park Commission 203. [Reserved] 204. Discriminatory Practices 205. [Reserved] TITLE 300: BUSINESS REGULATIONS 301. Gambling and Raffles 302. Sale of Tobacco 303. [Reserved] 304. Boat Docks and Boat Storage Facilities 305. Tree Trimmers 306. Controlled Substances 307. [Reserved] 308. Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 309. Adult Use Establishments 310. Lawn Fertilizer Application Control 311. Therapeutic Massage Licensing 312. Fireworks Dealer's License Fees and Sale of Permitted Consumer Fireworks 1 2009S-4 Shorewood - Table of Contents TITLE 400: LIQUOR REGULATIONS 401. Liquor Regulations 402. Consumption, Purchase and Possession of Alcohol by Persons Under the Age of 21 Years TITLE 500: PUBLIC HEALTH 501. Nuisances 502. Abandoned, Wrecked Vehicles 503. Refuse Collection and Disposal 504. Premises Conducive to High -Risk Sexual Conduct 505. Special Event Registration and Permit 506. Sexual Offenders and Sexual Predators TITLE 600: PUBLIC SAFETY 601. Alarm Systems 602. Emergency Management 603. Misdemeanor Offenses 604. Unclaimed Property 605. False Information to Police 606. Juvenile Curfew 607. Uniform Fire Code 608. Open Burning 609. Storage of Combustible Liquids 610. Traffic Code 611. Snowmobiles 612. Social Host TITLE 700: ANIMAL REGULATIONS 701. Animals 702. Horses and Ponies 703. Hunting and Trapping Animals 704. Prohibition on Feeding Deer 705. Farm and Other Animals TITLE 800: [RESERVED] 2 2017S-12 • • • TITLE 500 PUBLIC HEALTH Subject Chapter Nuisances 501 Abandoned, Wrecked Vehicles 502 Refuse Collection and Disposal 503 Premises Conducive to High -Risk Sexual Conduct 504 Special Event Registration and Permit 505 Sexual Offenders and Sexual Predators 506 500 -1 2017S-12 Shorewood - Public Health • • • 500 -2 • • CHAPTER 505 SPECIAL EVENT REGISTRATION AND PERMIT Section 505.01 Purpose 505.02 Event registration and permit 505.03 Enforcement 505.04 Violation 505.01 PURPOSE. The purpose of this chapter is to ensure the continued health, safety, comfort and repose of the public at events such as neighborhood block parties, residential parties, public events, and any other events at which a large gathering of persons is anticipated. 505.02 EVENT REGISTRATION AND PERMIT. Subd. 1. Event to be registered. Any person or persons sponsoring an event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register the event with the City Administrator /Clerk, giving the location, date, time, purpose, parking and safety provisions, names of all sponsors and the number of persons it is anticipated will be in attendance. Subd. 2. Permit for additional events. Within a period of six months following the event, no additional event, at which it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained an event permit therefor approved by the City Council. Application for the event permit shall be made to the City Administrator /Clerk. Subd. 3. Application for event registration and permit. Pursuant to this section, application for an event is made on a form as provided by the City Administrator /Clerk. 505 -1 505.02 Shorewood - Public Health 505.04 Subd. 4. Registration and permit fees. No fee is required for private property events or city sponsored events, including public safety events. Registration and permit fees on public property are established by the City Council as provided in Chapter 1301 of this code. (Am. Ord. 526, passed 3 -14 -2016) 505.03 ENFORCEMENT. A police officer may order all persons present, other than the owners or tenants of a dwelling unit, to immediately disperse from the event in lieu of being charged under this chapter, should the continued health, safety, comfort and repose of the public be in jeopardy, or if the event is in violation of the provisions of Chapter 501. 505.04 VIOLATION. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 101, passed 8 -14 -1978) 0 • 2017S-12 505 -2 • CHAPTER 506 SEXUAL OFFENDERS AND SEXUAL PREDATORS Section 506.01 Findings and intent 506.02 Definitions 506.03 Residence prohibition; penalties; exceptions 506.04 Renting real property; penalties 506.01 FINDINGS AND INTENT. Subd. 1. Findings. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. Subd. 2. Intent. It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (Ord. 538, passed 1 -23 -2017) 506.02 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESIGNATED OFFENDER. Any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or has been categorized as a level III sex offender under M.S. § 244.052 or successor statute. 2017S-12 506 -1 506.02 Shorewood - Public Health 506.03 DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency, commitment under M.S. Chapter 25313, or admission of guilt under oath without adjudication involving any of the following offenses: M.S. §§ 609.342, 609.343, 609.344, 609.345, 609.352, 609.365, 617.23, 617.246, 617.247, 617.293, successor statutes; or a similar offense from another state. PERMANENT RESIDENCE. A place where the person abides, lodges, or resides for 14 or more consecutive days. TEMPORARY RESIDENCE. A place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. (Ord. 538, passed 1 -23 -2017) 506.03 RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS. Subd. 1. Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence: 1) within 1,000 feet of any school, licensed daycare center, park, playground, or public school bus stop; or 2) within 1,000 feet of any place of worship which provides regular educational programs (i.e., Sunday school), or other places where children are known to congregate. Subd. 2. Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non - familial children are present, are exempt from this division. Subd. 3. Measurement of distance. a. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, daycare center, park, playground, place of worship, or other place where children regularly congregate. b. The City Clerk shall maintain an official map showing prohibited locations as defined by this chapter. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. 2017S-12 506 -2 • • • • 506.03 Sexual Offenders and Sexual Predators 506.04 Subd. 4. Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 104.01 of this code. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. Subd. 5. Exceptions. A designated offender residing within a prohibited area as described in Subd. 3.a. of this section does not commit a violation of this chapter if any of the following applies: a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor statute, prior to July 10, 2006. b. The person was a minor when he /she committed the offense and was not convicted as an adult. c. The person is a minor. d. The school or daycare center within 1,000 feet of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 or 243.167. The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children. The residence is a property owned or leased by the Minnesota Department of Corrections. (Ord. 538, passed 1 -23 -2017) 506.04 RENTING REAL PROPERTY; PENALTIES. Subd. 1. Unlawful to rent. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in § 506.03 Subd. 1. of this chapter. Subd. 2. Failure to comply. A property owner's failure to comply with provisions of this section shall constitute a violation of this section. 2017S-12 506 -3 506.04 Shorewood - Public Health 506.04 Subd. 3. Eviction. If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. (Ord. 538, passed 1 -23 -2017) 2017S-12 506 -4 • :1 r 1 • CHAPTER 1004 RENTAL HOUSING CODE Section 1004.01 Purpose and intent 1004.02 Definitions 1004.03 Licensing of rental units 1004.04 Minimum standards 1004.05 Inspections 1004.06 Short -term rental prohibited 1004.07 Administration and enforcement 1004.01 PURPOSE AND INTENT. Subd. 1. Purpose. The purpose of this chapter is to protect the public health, safety and the general welfare of the rental population of the city. These general objectives include, among others, the following: a. To maintain a quality character and stability of rental dwelling units within the city; b. To correct and prevent rental housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of persons occupying rental dwellings within the city; c. To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of rental buildings; d. To provide minimum standards of light and ventilation necessary to health and safety; e. To provide minimum standards for the maintenance of existing rental buildings and to thus prevent slums and blight; f. To preserve the value of land and buildings throughout the city. 2017S-12 1004 -1 1004.01 Shorewood - Building Regulations 1004.02 0 Subd. 2. Intent. It is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this chapter. Subd. 3. Application of requirements. Every rental dwelling unit and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single - family or person shall conform to the requirements of this chapter, irrespective of when the building may have been constructed, altered or repaired. This chapter establishes minimum standards for erected rental dwelling units, accessory structures and related premises. (1987 Code, § 1004.01) (Ord. 272, passed 4 -12 -1993) 1004.02 DEFIMTIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." 0 ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use. APPROVED. When used in reference to the design and capabilities of physical systems of a dwelling shall mean having passed the inspection of the Compliance Official. The basis for passage of the inspection shall be an analysis of the effective state codes and an analysis of the degree to which the systems meet the standards established by the codes. It shall be the objective of the Compliance Official, unless otherwise specified, to establish minimum qualifications for approval of the system, which qualifications can maintain substantial compliance with the effective state codes and can be achieved in a reasonably economical and practical manner. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to administer and enforce this chapter. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one - family, two - family and multiple - family dwellings, but not including hotels, motels and boarding houses. 1004 -2 1004.02 Rental Housing Code 1004.02 i DWELLING - MULTIPLE - FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall. b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO- FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. a. DOUBLE BUNGALOW. A two- family dwelling with two units side by side. b. DUPLEX. A two - family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, lodging establishments, nursing homes, boarding or rooming houses or recreational vehicles. FAMILY. See HOUSEHOLD. FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer supply. GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER. Water heated to a temperature of not less than 120 °F, or the lesser temperature required by government authority, measured at faucet outlet. HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this chapter: 2017S-12 1004 -3 1004.02 Shorewood - Building Regulations 1004.02 L� An individual; or b. A group of not more than three individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or c. Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities and the dependent child(ren) of each, if any; or d. The combination of paragraphs (a) and (c) above. KITCHEN. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils. LEASE. An agreement to rent. (For use as a verb, see Rent.) MINIMUM STANDARDS. Those standards as set forth in § 1004.04 of this code. OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit. 0 OPERATOR. The person or enterprise or its agent who is owner or proprietor of a rental dwelling or rental dwelling unit, whether in the capacity of owner, lessor, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs their functions through a rental agent, the managing agency or the rental agent has the same duties as the principal. OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any person representing the actual title holder shall be bound to comply with the provisions of this chapter to the same extent as the title holder. PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit. PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 2017S-12 1004 -4 1004.02 Rental Housing Code 1004.02 PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or nondwelling structure, including any building, accessory structure or other structure thereon. PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. REFUSE. All putrescible and nonputrescible waste solids, including garbage and rubbish. REMUNERATION. Compensation, money, or other consideration given in return for occupancy, possession, or use of real property. RENT. The consideration or remuneration charged whether or not received, for the occupancy or use of anther's property as a rental dwelling or rental dwelling unit, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, or services of any kind. Rent may include consideration or remuneration received pursuant to an option to purchase whereby a person is given the right to possess the property for a term of less than 30 days. RENTAL DWELLING. A dwelling let for rent or lease. RENTAL DWELLING UNIT. A dwelling unit let for rent or lease. REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance. RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter. RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease. SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residental planned unit development district. SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards established by city ordinances. SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling. 2017S-12 1004 -5 1004.02 Shorewood - Building Regulations 1004.03 • TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days. (1987 Code, § 1004.02) (Ord. 272, passed 4 -12 -1993; Am. Ord. 533, passed 9 -26 -2016) 1004.03 LICENSING OF RENTAL UNITS. Subd. 1. Issuance and renewal. No person shall operate a rental dwelling without first having obtained a license to do so from the City Council as hereinafter provided. Each license shall be issued once every three years and shall expire on December 31 following the issuance thereof. License renewals for the following years shall be filed on or before November 1 prior to the license expiration date. Subd. 2. Conformance to laws. No license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Shorewood and the laws of the state. Subd. 3. License fees. License fees for renewals of licenses shall be due on November 1 immediately prior to the license expiration date. In cases of new unlicensed dwellings, license fees shall be due upon application for a license. a. The licensee shall not be entitled to a refund of any license fee upon revocation or suspension of the license. b. The City Council shall establish license fees by ordinance, from time to time. Subd. 4. License not transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice, in writing, to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. The notice shall include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. Subd. 5. Owner or agent to apply. a. Application. License application or renewal shall be made by the owner of the rental units or its legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official. b. Required information. The applicant shall supply: (1) Name, address and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation; 2017S-12 1004 -6 • • 1004.03 Rental Housing Code 1004.03 (2) Name, address and telephone number of designated resident agent, if any; (3) Name, address and telephone number of management representative; (4) Name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed; (5) Legal address of the dwelling; (6) Type of dwelling; (7) Type and number of dwelling units within the dwelling; (8) Description of procedure through which tenant inquiries and complaints are to be processed. 2017S-12 1004 -6A Shorewood - Building Regulations • 1004.05 Rental Housing Code 1004.07 Subd. 4. Complaints inspections. Inspections shall be made at any time upon receipt of a complaint wherein the complainant leaves his or her name, address and telephone number. Inspections will not be made based upon anonymous complaints. Subd. 5. Permission of the tenant shall be requested before a rental unit is entered. If the tenant refuses to permit the inspector to enter, the inspector is authorized to obtain an administrative search warrant before making the inspection. (1987 Code, § 1004.05) (Ord. 272, passed 4 -12 -1993) 1004.06 SHORT -TERM RENTAL PROHIBITED. Subd. 1. Purpose. The city finds that short-term rentals located in residential zoning districts constitute commercial use of residential property, conflict with the residential character of residential zoning districts, disrupt the residential character of neighborhoods, and have a negative impact on the livability of residential neighborhoods. The city has received complaints from residents regarding short -term rentals, including complaints related to noise, over- occupancy, and illegal parking. Studies have reported that short -term rentals can render a significant number of housing units unavailable for long -term residents and can raise the cost of housing. To ensure adequate housing options for residents, preserve the residential character of the city's residential districts, preserve property values, and reduce land use conflicts, the city determines, in furtherance of the public health, safety and general welfare, it is necessary to limit short-term rentals to hotels, motels, lodging establishments and similar accommodations which are appropriately zoned and have the appropriate infrastructure and services for short -term use. Subd. 2. Prohibition. Short -term rental of any dwelling or dwelling unit to a transient for less than 30 consecutive days in a residential zoning district is prohibited. State licensed hotels, motels and lodging establishments located outside residential districts or residential planned unit development districts are allowed, pursuant to applicable city codes. Subd. 3. Enforcement. An owner, operator, tenant or occupant of any building or property in violation of the provisions of this section may be charged and found guilty of a misdemeanor and may be held responsible for the cost of enforcement in addition to penalties. (Ord. 533, passed 9 -26 -2016) 1004.07 ADMINISTRATION AND ENFORCEMENT. 0 Subd. 1. Unfit for human habitation. 2017S-12 1004 -13 1004.07 Shorewood - Building Regulations 1004.07 a. Any rental dwelling or rental dwelling unit, which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or rental dwelling unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any operating license previously issued for the dwelling shall be revoked. b. It shall be unlawful for the rental dwelling or rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any rental dwelling or rental dwelling unit. Subd. 2. Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance. Subd. 3. Hazardous building declaration. In the event that a rental dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in M.S. H 463.15 et seq., related to hazardous and substandard buildings. Subd. 4. Compliance order. a. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit or the premises surrounding any of these, fails to meet the provisions of this chapter, he or she may issue a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct the violations. b. This compliance order shall: (1) Be in writing; (2) Describe the location and nature of the violations of this chapter; (3) Establish a reasonable time for the correction of the violation and notify of appeal recourse; 2017S-12 1004 -14 • • • is 1004.07 Rental Housing Code 1004.07 (4) Be served upon the owner or its agent or the occupant, as the case may require, and the notice shall be deemed to be properly served upon the owner or agent, or upon any occupant, if a copy thereof is: (a) Served upon the owner, agent or occupant personally; or (b) Sent by certified mail to its last known address. Subd. 5. Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council sitting as a Board of Appeals. The appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, in cash or cashier's check, and must be filed with the Department of Protective Inspections within five business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health or property. Subd. 6. Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall be held before the City Council, serving as the Board of Appeals, at its next regularly scheduled meeting. The Board of Appeals shall make a determination concerning the validity of the appeal. The Board of Appeals may reverse, modify or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Subd. 7. Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or rental dwelling unit, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless the owner shall furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the rental dwelling, or rental dwelling unit, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice upon the person and shall be liable to all penalties and procedures provided by this chapter. 2017 -12 1004 -15 1004.07 Shorewood - Building Regulations 1004.07 r-J L---J Subd. 8. License suspension or revocation. A license issued under the provisions of this chapter shall be subject to suspension or revocation by the City Council for violation of any provisions of the Shorewood City Code or laws of the state. In the event that a license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or its duly authorized agent to thereafter permit any new occupancy of a vacant or thereafter vacated rental unit until the time as a valid license may be restored by the City Council. Subd. 9. Alternative sanctions. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit, or the premises surrounding any of these fails to meet the requirements set forth in this chapter, the Compliance Official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Subd. 10. Conflicts. Any conflict between any provisions of this chapter and any term of a contractual relationship between a landlord and a tenant shall be resolved in favor of this chapter. Subd. 11. Penalties. Failure to comply with a compliance order after right of appeal has expired or violation of any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. Subd. 12. Separability. Every section, provision or part of this chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. (1987 Code, § 1004.06) (Ord. 272, passed 4 -12 -1993; Am. Ord. 533, passed 9 -26 -2016) Penalty, see § 104.01 is 2017S-12 1004 -16 0 Section CHAPTER 1101 FLOOD PLAIN MANAGEMENT REGULATIONS 1101.01 Statutory authorization, findings of fact and purpose 1101.02 General provisions 1101.03 Establishment of zoning districts 1101.04 Floodway District (FW) 1101.05 Flood Fringe District (FF) 1101.06 General Floodplain District (GF) 1101.07 Land development standards 1101.08 Public utilities, railroads, roads and bridges 1101.09 Manufactured homes and placement of recreational vehicles 1101.10 Administration 1101.11 Nonconformities 1101.12 Penalties and enforcement . 1101.13 Amendments 1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE. Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in M.S. Ch. 103F and Ch. 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows. Subd.2. Purpose. a. This chapter regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions. b. National Flood Insurance Program compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 1101 -1 2017S-12 1101.01 Shorewood - Flood Plain and Wetland Developments 1101.02 C c. This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 534, passed 10 -24 -2016) 1101.02 GENERAL PROVISIONS. Subd. 1. How to use this chapter. This chapter adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. a. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in §§ 1101.04 or 110 1. 05 will apply, depending on the location of a property. b. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in § 110 1. 04 apply unless the floodway boundary is determined, according to the process outlined in § 1101.06. Once the floodway boundary is determined, the Flood Fringe District standards in § 1101.05 may apply outside the floodway. Subd. 2. Lands to which chapter applies. a. This chapter applies to all lands within the jurisdiction of the city shown on the floodplain maps and /or the attachments to the maps as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain districts. b. The Floodway, Flood Fringe and General Floodplain districts are overlay districts that are superimposed on all existing zoning districts on the Zoning Districts map referenced in Chapter 1201 of this code. The standards imposed in the overlay districts are in addition to any other requirements in Chapter 1201 of this Code. In case of a conflict, the more restrictive standards will apply. Subd. 3. Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of this chapter. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the City Offices. • 1101 -2 2017S-12 1101.02 Flood Plain Management Regulations 1101.02 • Effective Flood Insurance Rate Map panels: 2705300292 F, 2705300295 F, 27053C0308 F, 27053C0309 F, 27053C0311 F, 27053C0312 F, 2705300313 F, 27053C0314 F, 27053C0316 F, 27053C0317 F, 27053C0318 F, 27053C0319 F. Subd. 4. Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Subd. 5. Interpretation. The boundaries of the floodplain districts are determined by scaling distances on the Flood Insurance Rate Map. a. Where a conflict exists between the floodplain limits illustrated on the flood plain map and floodplain elevations discover in actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. b. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the City Council, serving as the Board of Adjustments and Appeals and to submit technical evidence. Subd. 6. Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. Subd. 7. Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. Subd. 8. Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force. Subd. 9. Definitions. Unless specifically defined below, words or phrases used in this chapter must be interpreted according to common usage and so as to give this chapter its most reasonable application. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2017S-12 1101 -3 1101.02 Shorewood - Flood Plain and Wetland Developments 1101.02 BASE FLOOD ELEVATION. The elevation of the REGIONAL FLOOD. The term BASE FLOOD ELEVATION is used in the flood insurance survey. BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) Certain conditions as detailed in the zoning code exist. (2) The structure and /or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water - reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE. The portion of the Special Flood Hazard Area (1% annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAYFRINGE used in the flood insurance study for Hennepin County, Minnesota. FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source (see FLOOD). 1101 -4 2017S-12 • 1101.02 Flood Plain Management Regulations 1101.02 FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of 44 Code of Federal Regulations, Part 60.3. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term RECREATIONAL VEHICLE. NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this chapter. OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the REGIONAL FLOOD (see definition). PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures. REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 1101 -5 2017S-12 1101.02 Shorewood - Flood Plain and Wetland Developments 1101.02 RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term RECREATIONAL VEHICLE is synonymous with the term TRAVEL TRAILER /TRAVEL VEHICLE. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1 % chance or 100 -year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in a flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 % of the market value of the structure before the damage occurred. 0 SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with ONE HUNDRED YEAR FLOODPLAIN. START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 1101.09 Subd. 2, of this chapter and other similar items. 2017S-12 1101 -6 • 1101.02 Flood Plain Management Regulations 1101.02 SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 % of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 % of the market value of the structure before the START OF CONSTRUCTION of the improvement. This term includes structures that have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the structure's continued designation as a HISTORIC STRUCTURE. For the purpose of this chapter, HISTORIC STRUCTURE is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 10. Annexations. The Flood Insurance Rate Map panels adopted by reference into § 1101.02 Subd. 3. above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation. Subd. 11. Detachments. The Flood Insurance Rate Map panels adopted by reference into § 1101.02 Subd. 3. above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this chapter. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the city after the date of adoption of this chapter, the newly detached floodplain lands will be subject to the provisions of this chapter immediately upon the date of detachment. (Ord. 534, passed 10 -24 -2016) 2017S-12 1101 -7 1101.03 Shorewood - Flood Plain and Wetland Developments 1101.04 • 1101.03 ESTABLISHMENT OF ZONING DISTRICTS. Subd. 1. Districts. a. Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in § 1102.02 Subd. 3. , as well as portions of other lakes, wetlands, and basins within Zones AE (that do not have a floodway delineated) that are located at or below the ordinary high water level as defined in M.S. § 103G.005, Subd. 14. b. Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in § 1102.02 Subd. 3 . , but are located outside of the floodway. For other lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1 % annual chance (100 -year) flood elevation but above the ordinary high water level as defined in M.S. § 103G.005, Subd. 14. c. General Floodplain District. The General Floodplain District includes those areas within Zone A as shown on the Flood Insurance Rate Map adopted in § 1102.02, Subd. 3. Subd. 2. Applicability. Within the floodplain districts established in this chapter, the use, size, type and location of development must comply with the terms of this chapter and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in §§ 1101.04, 1101.05, and 1101.06, are prohibited. In addition, critical facilities, as defined in § 1101.02 (Critical Facilities), are prohibited in all floodplain districts. (Ord. 534, passed 10 -24 -2016) 1101.04 FLOODWAY DISTRICT (FW). Subd. 1. Permitted uses. The following uses, subject to the standards set forth in § 1101.04 Subd. 2., are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: a. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, and single or multiple purpose recreational trails. 0 1101 -8 2017 S -12 1101.04 Flood Plain Management Regulations 1101.04 b. Residential lawns, gardens, parking areas, and play areas. c. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. Subd. 2. Standards for floodway permitted uses. a. The use must have a low flood damage potential. b. The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. c. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1 % chance) flood. Subd. 3. Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 1101.10 Subd. 4. of this chapter and further subject to the standards set forth in § 1101.04 Subd. 4., if otherwise allowed in the underlying • zoning district or any applicable overlay district. a. Structures accessory to the uses listed in § § 110 1. 04 Subd. 1. a. through c. above and the uses listed in b. through c. below. b. Extraction and storage of sand, gravel, and other materials. c. Marinas, boat rentals, docks, piers, wharves, and water control structures. d. Storage yards for equipment, machinery, or materials. e. Placement of fill or construction of fences that obstruct flood flows. f. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Subd. 4. Standards for floodway conditional uses. a. All uses. A conditional use must not cause any increase in the stage of the 1 % chance or regional flood or cause an increase in flood damages in the reach or reaches affected. • b 2017S-12 Fill; storage of materials and equipment. 1101 -9 1101.04 Shorewood - Flood Plain and Wetland Developments 1101.04 • (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long -term site development plan. (3) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1 % chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. C. Accessory structures. Accessory structures, as identified in § 1101.04 Subd. 3.a., may be permitted, provided that: (1) Structures are not intended for human habitation; (2) Structures will have a low flood damage potential; (3) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (4) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and (5) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofmg classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (6) As an alternative, an accessory structure may be internally /wet floodproofed to the FP3 or FP4 floodproofmg classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (a) To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 0 1101 -10 2017S-12 1101.04 Flood Plain Management Regulations 1101.05 (b) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. d. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245. e. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1 % chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. f. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (Ord. 534, passed 10 -24 -2016) 1101.05 FLOOD FRINGE DISTRICT (FF). . Subd. 1. Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 2. below. If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. • Subd. 2. Standards for flood fringe permitted uses. a. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. b. Accessory structures. As an alternative to the fill requirements of a, above, structures accessory to the uses identified in Subd. 1. above may be permitted to be internally /wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: 2017S-12 (1) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. 1101 -11 1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05 C (2) All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (a) Adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; (b) Be constructed with materials resistant to flood damage; and (c) Must have all service utilities be water -tight or elevated to above the regulatory flood protection elevation. (3) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (a) To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (b) There must be openings on at least two sides of the structure and the bottom of all • openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. c. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. 2.a. of this section, or if allowed as a conditional use under Subd. 3.c. below. d. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. e. All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. f. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. g. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. h. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. 1101 -12 2017S-12 1101.05 Flood Plain Management Regulations 1101.05 i. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. j . Manufactured homes and recreational vehicles must meet the standards of § 110 1. 09 of this chapter. Subd. 3. Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 110 1. 10 Subd. 4. of this chapter. a. Any structure that is not elevated on fill or floodproofed in accordance with Subd. 2.a. and 2.b. of this section. b. Storage of any material or equipment below the regulatory flood protection elevation. c. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. 2.a. of this section. d. The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above - grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subd. 4.f. of this section. Subd. 4. Standards for Flood Fringe conditional uses. a. The standards listed in Subd. 2.d. through 2.j. apply to all conditional uses. b. Basements, as defined by § 1101.02 Subd. 9. of this chapter, are subject to the following: 2017S-12 (1) Residential basement construction is not allowed below the regulatory flood protection elevation. (2) Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. 4.c. below. 1101 -13 1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05 c. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. d. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1 % chance) flood event. (2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. (3) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. e. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. f. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (1) Design and certification. The structure's design and as -built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific standards for above - grade, enclosed areas. Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1101 -14 2017S-12 • • • 1101.05 Flood Plain Management Regulations 1101.06 (a) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (b) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (Ord. 534, passed 10 -24 -2016) 1101.06 GENERAL FLOODPLAIN DISTRICT (GF). Subd. 1. Permitted uses. a. The uses listed in § 1101.04 Subd. 1. of this chapter, Floodway District permitted uses, are permitted uses. b. All other uses are subject to the floodway /flood fringe evaluation criteria specified in § 1101.06 Subd. 2. below. Section 1101.04 applies if the proposed use is determined to be in the Floodway District. Section 1101.05 applies if the proposed use is determined to be in the Flood Fringe District. Subd. 2. Procedures for floodway and flood fringe determinations. a. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. b. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 2.c. below. c. The determination of floodway and flood fringe must include the following components, as applicable: 1101 -15 2017S-12 1101.06 Shorewood - Flood Plain and Wetland Developments 1101.07 • (1) Estimate the peak discharge of the regional (1 % chance) flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. d. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and /or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. e. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of §§ 1101.04 and 1101.05 of this chapter. 0 (Ord. 534, passed 10 -24 -2016) 1101.07 LAND DEVELOPMENT STANDARDS. Subd. 1. In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this chapter apply to all land within the city. Subd. 2. Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter. a. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. b. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1 % chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 1101 -16 2017S-12 • 1101.07 Flood Plain Management Regulations 1101.08 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. d. In the General Floodplain District, applicants must provide the information required in § 110 1. 06 Subd. 2. of this chapter to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. e. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (1) All such proposals are consistent with the need to minimize flood damage within the flood prone area; (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure of flood hazard. is Subd. 3. Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Constructed with materials and utility equipment resistant to flood damage; c. Constructed by methods and practices that minimize flood damage; and d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 534, passed 10 -24 -2016) 1101.08 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES. Subd. 1. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water i supply systems to be located in the floodplain must be floodproofed in accordance with the '�■� State Building Code or elevated to the regulatory flood protection elevation. 1101 -17 2017S-12 1101.08 Shorewood - Flood Plain and Wetland Developments 1101.09 Subd. 2. Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with § § 110 1. 04 and 110 1. 05 of this chapter. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Subd. 3. On -site water supply and sewage treatment systems. Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Part 4725.4350, as amended; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Part 7080.2270, as amended. (Am. Ord. 534, passed 10 -24 -2016) 1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL VEHICLES. 0 Subd. 1. Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: a. Placement or replacement of manufactured home units is prohibited in the Floodway District. b. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of § 1101.05 of this chapter. New and replacement manufactured homes must be elevated in compliance with § 1101.05 of this chapter and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Subd. 2. Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this chapter. 0 1101 -18 2017S-12 • • • 1101.09 Flood Plain Management Regulations 1101.10 a. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed in § 1101.09 Subd. 2.b.: (1) Individual lots or parcels of record; (2) Existing commercial recreational vehicle parks or campgrounds; or (3) Existing condominium -type associations; b. Criteria for exempt recreational vehicles: (1) The vehicle must have a current license required for highway use; (2) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks; (3) No permanent structural type additions may be attached to the vehicle; and (4) The vehicle and associated use must be permissible in any pre - existing, underlying zoning district. (5) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood - resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in § 1101.09 Subd. 2.b. (6) An accessory structure must constitute a minimal investment. c. Recreational vehicles that are exempt in § 1101.09 Subd. 2.b. lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofmg requirements of § 1101.05 of this chapter. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. (Ord. 534, passed 10 -24 -2016) 1101.10 ADMINISTRATION. Subd. 1. Zoning administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this chapter. 1101 -19 2017S-12 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10 Subd. 2. Permit requirements. a. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter; (2) The use or change of use of a building, structure, or land; (3) The change or extension of a nonconforming use; (4) The repair of a structure that has been damaged by flood, fire, tornado, or any other source; (5) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain; (6) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for; or (7) Any other type of DEVELOPMENT as defined in this chapter. b. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (2) Location of fill or storage of materials in relation to the stream channel. (3) Copies of any required municipal, county, state or federal permits or approvals. (4) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. c. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter. 1101 -20 2017S-12 • 1101.10 Flood Plain Management Regulations 1101.10 d. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect. e. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. f. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). g. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. Subd.3. Variances. a. Variance applications. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 1201.05 of the zoning code. b. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. c. Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: 2017S-12 (1) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result; 1101 -21 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10 (2) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and (3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. e. General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept onto other lands or downstream to the injury of others; (3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (5) The importance of the services to be provided by the proposed use to the community; (6) The requirements of the facility for a waterfront location; (7) The availability of viable alternative locations for the proposed use that are not subject to flooding; (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (9) The relationship of the proposed use to the Comprehensive Land Use Plan and fl ood plain management program for the area; 1101 -22 2017S-12 • 1101.10 Flood Plain Management Regulations 1101.10 (10) The safety of access to the property in times of flood for ordinary and emergency vehicles; and (11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. f. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. g. Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. h. Record - keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. iSubd. 4. Conditional uses. a. Administrative review. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with this zoning code. b. Factors used in decision - making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this chapter, and those factors identified in § 1101.10 Subd. 3.e. of this chapter. c. Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: (1) Modification of waste treatment and water supply facilities; (2) Limitations on period of use, occupancy, and operation; (3) Imposition of operational controls, sureties, and deed restrictions; (4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and 1101 -23 2017S-12 1101.10 Shorewood - Flood Plain and Wetland Developments 1101.11 (5) Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofmg measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. d. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. e. Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist. (Ord. 534, passed 10 -24 -2016) 1101.11 NONCONFORMITIES. Subd. 1. Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. HISTORIC STRUCTURES, as defined in § 1101.02 Subd. 9. of this chapter, are subject to the provisions of a. through f. below. a. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in b. below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. b. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofmg techniques (i.e., FP 1 thru FP4 floodproofmg classifications) allowable in the State Building Code, except as further restricted in c. through g. below. c. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of § § 110 1. 04 or 110 1. 05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all Is manpower or labor. 1101 -24 2017S-12 • 1101.11 Flood Plain Management Regulations 1101.12 d. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. e. If any nonconformity is substantially damaged, as defined in § 1101.02 Subd. 9. of this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 1101.04 or 1101.05 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. f. If any nonconforming use or structure experiences a repetitive loss, as defined in § 110 1. 02 Subd. 9. of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter. g. Any substantial improvement, as defined in § 1101.02 Subd. 9. of this chapter, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of §§ 1101.04 or 1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. (Ord. 534, passed 10 -24 -2016) 1101.12 PENALTIES AND ENFORCEMENT. Subd. 1. Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. Subd. 2. Other lawful action. Nothing in this chapter restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible parry does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly. 2017S-12 1101 -25 1101.12 Shorewood - Flood Plain and Wetland Developments 1101.13 u r� Subd. 3. Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of this zoning code. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (Ord. 534, passed 10 -24 -2016) 1101.13 AMENDMENTS. Subd. 1. Floodplain designation - restrictions on removal. The floodplain designation on the floodplain maps must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. Subd. 2. Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. Subd. 3. Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 1101.02 Subd. 3. of this chapter. (Ord. 534, passed 10 -24 -2016) • 2017S-12 1101 -26 1201.02 Zoning Regulations 1201.02 0 AUTOMOBILE REPAIR - MINOR. Minor repairs, upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under AUTOMOBILE REPAIR - MAJOR. AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise. AWNING. A temporary hood or cover which projects from the wall of a building and of a type which can be retracted, folded or collapsed against the face of a supporting building. BALCONY. (See DECK.) BASEMENT. A portion of a building located partially underground, but having less than the one -half its floor to ceiling height below the average land grade. BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights -of -way or unsubdivided acreage. BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18 % over a distance for 50 feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; b. The slope rises at least 25 feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 % or greater; and d. The slope must drain toward the waterbody. BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff. BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons. • BOULEVARD. The portion of a street right -of -way not occupied by pavement. 1201 -5 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been provided. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING HEIGHT. A distance to be measured from the average land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. BUILDING - INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions. BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation. CELLAR. A portion of a building having more than one -half of the floor to ceiling height below the average land grade. CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses. COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. CONDITIONAL USE. A use that, because of special control problems the use presents, requires effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan. 2017S-12 1201 -6 • • • • 1201.02 Zoning Regulations 1201.02 CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. CONDOMINIUM. A multiple dwelling containing individually -owned dwelling units and jointly - owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended. CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on and off the premises. COOPERATIVE (HOUSING). A multiple - family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services. DECK. A flat - floored roofless platform adjoining a dwelling, used primarily for recreation. DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished. DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein. DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream. DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a lake, whether floating or not, including all "Ls ", "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principal structure, and which connects to the shoreline at only one location, no wider than four feet. DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic. 2017S-12 1201 -7 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 DRAINING. The removal of surface water or ground water from land. DREDGING. To enlarge or clean out a water body, watercourse or wetland. DRIVE -IN FACILITY. A facility that accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed. DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one - family, two - family and multiple - family dwellings, but not including hotels, motels and boarding houses. DWELLING - MULTIPLE- FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. (See APARTMENT.) DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one family. a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall. 0 b. DETACHED. A dwelling unit not attached to another dwelling or structure. DWELLING - TWO- FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other. a. DOUBLE BUNGALOW. A two - family dwelling with two units side by side. b. DUPLEX. A two - family dwelling with one unit above the other. DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles. EARTH SHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that: a. 80 % or more of the roof area is covered with a minimum depth of 12 inches of earth; and • 2017S-12 1201 -8 L J 1201.02 Zoning Regulations 1201.02 b. 50% or more of the wall area is covered with a minimum depth of 12 inches of earth. EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove. ELDERLY HOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62 years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act. ENGINEER. A registered professional engineer licensed by the State of Minnesota. 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. is 2017S-12 1201 -8A Shorewood - Zoning and Subdivision Regulations i • C7 • 1201.02 Zoning Regulations 1201.02 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. FLUSH - MOUNTED SOLAR ENERGY SYSTEM. A roof - mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5 % but shall not be higher than ten inches above the roof. 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. 2017S-12 1201 -9 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 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. HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast, furnished apartment house, short-term rental unit not in a residential district, or other building, which is kept, used or advertised as, or held out to the public to be, a place where sleeping and /or housekeeping accommodations are supplied for pay to guests for transient occupancy. 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 2017S-12 1201.02 Zoning Regulations 1201.02 0 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. NURSING HOME (REST HOME). A building having accommodations where nursing care is provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons 1201 -13 2013S-8 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 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. ORDINARYHIGH 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.) PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. 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. PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity. PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building. 1201 -14 2017S-12 • 1201.02 Zoning Regulations 1201.02 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. 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. a. The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made by the Minnesota Commissioner of Natural Resources. b. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources, PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined by the Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900). PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally characterized by low density, single- family residential development as determined by Minn. Rules parts 6120.2500 to 6120.3900. 1201 -14A 2017S-12 Shorewood - Zoning and Subdivision Regulations 9 • • 1201 -14B 1201.02 Zoning Regulations 1201.02 0 PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service - oriented commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900. QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership, all of which have individual entrances and in which each unit shares common walls with two other units. RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi- public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATION AREA OR BUILDING for the purpose of this chapter. RECREATIONAL VEHICLE. A self - propelled vehicle or camping or travel trailer which is used primarily for recreational purposes. RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat pump. RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children. RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building. RIGHT -OF -WAY - PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether developed or undeveloped, paved or unpaved. ROOF LINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof. SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure on any property visually inconspicuous. 2017S-12 1201 -15 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 • SELF - STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. The facilities are different from public warehouses in that the public has access to their storage space owned for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other document of title for the personal property stored in the storage space. SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water mark. Distances are to be measured from the most outwardly extended portion of the structure at ground level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface. SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. 0 SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources. SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district. SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public. SIGN - ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident. 2017S-12 1201 -16 1201.02 Zoning Regulations 1201.02 0 SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located. SIGNAREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign. SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor contain advertising. SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop. SIGN - BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or . promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located. • SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental office or promoting an issue to be voted on at a governmental election. SIGN - CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. SIGN - CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. SIGN - DIRECTIONAL. A sign erected on public or private property which bears the address or name or both of a business, institution, church or other use or activity plus directional arrows or information on location. 2017S-12 1201 -17 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 2012S-7 • • 1201.02 Zoning Regulations 1201.02 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. b. ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto and does not conform with the regulations of this chapter. SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure. SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 2017S-12 1201 -18A Shorewood - Zoning and Subdivision Regulations • • 1201 -18B 1201.02 Zoning Regulations 1201.02 SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including, but not limited to street signs, traffic- control signs and parking- control signs. SIGN - REAL ESTATE. A business sign placed upon a property advertising that particular property for sale, for rent or for lease. SIGN - ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. SIGN, ROTATING. A sign which revolves or rotates on its axis. SIGN- STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area. SIGN - TEMPORARY. Any sign which is erected or displayed for a specific period of time. SIGN - WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. • SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall surface. • SIGN - WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display. SLIP. A water dockage area accommodating one boat. SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or ratio. SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof - mounted antennas, antennas integrated into architectural elements and telecommunications towers designed to appear other than as a tower such as light poles, power poles and trees. 2017S-12 1201 -19 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12 %, as measured over horizontal distances of 50 feet or more, that are not bluffs. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above. a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused underfloor space shall be considered as a story. STORY - HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where less than one -half of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building. STREET. A public right -of -way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel. STREET FRONTAGE. A lot line abutting a street. STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments. SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL DEVELOPMENT.) SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL ENVIRONMENT.) SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS - RECREATIONAL DEVELOPMENT.) 1201 -20 • • • 1201.02 Zoning Regulations 1201.02 i TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple - dwelling apartment structures. TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include: • a. A satellite earth station antenna two meters in diameter or less, located in a C -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. TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days. 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. 2017S-12 1201 -21 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 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 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.) 1201 -22 2017S-12 • • 1201.02 Zoning Regulations 1201.03 i 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; Am. Ord. 492, passed 3 -12 -2012; Am. Ord. 499, passed 9 -10 -2012; Am. Ord. 531, passed 7 -11 -2016; Am. Ord. 535, passed 11 -28 -2016) 1201.03 GENERAL PROVISIONS. Subd. 1. Nonconforming buildings, structures and uses. 2017S-12 a. Purpose. It is the purpose of this section to regulate nonconforming structures and uses and to specify those requirements, circumstances and conditions under which 1201 -22A Shorewood - Zoning and Subdivision Regulations • • 1201 -22B r � • 1201.03 2017S-12 Zoning Regulations 1201.03 may be used as temporary living quarters, on property where an occupied residence exists, for no more than 14 days in any calendar year. There shall be no open discharge of sanitary waste from the vehicle or equipment. (2) Basements may be used as living quarters or rooms as a portion of residential dwellings. (3) Earth- sheltered housing shall not be considered as a basement or cellar. (4) Tents, playhouses or similar structures may be used for play or recreational purposes. (5) All dwelling units shall be serviced with sanitary sewer, water supply and energy supply systems. (6) Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts -out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings. C. Property development. (1) Any person desiring to improve property for which a building permit is required shall submit to the Building Official a survey prepared by a registered surveyor of the property showing the location and dimensions of existing and proposed structures, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city ordinances. The Building Official may waive the requirement of a survey in cases where it is deemed unnecessary or where the location of property boundaries can be verified. (2) All structures shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city. (3) A lot of record existing upon the effective date of this chapter in a residential district which does not meet the requirements of this chapter as to area or width may be utilized for a single - family detached dwelling purpose, provided that: (a) The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership; 1201 -25 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 0 (b) The measurement of the area and width are within 70 % of the requirements of this chapter; (c) Setbacks and yard requirements shall be in conformance with this chapter; (d) The ratio of the floor area of all structures to lot area shall not exceed 30%. (4) Except in the case of planned unit development as provided for in § 1201.06 of this chapter, not more than one principal building shall be located on a lot. The city may, by conditional use permit, allow a single - family residential dwelling to remain on a lot while a new dwelling is being constructed on the same lot, provided that: (a) The new dwelling shall conform to the setback requirements of the zoning district in which it is located; (b) Construction of the new dwelling shall not result in substantially greater site alteration (for example, tree removal or grading) than if the original house is first removed; 0 (c) The property owner must provide an estimate from a licensed contractor for the cost of removing the original dwelling and restoring the site. From this estimate the city shall require a cash escrow or letter of credit in the amount of 150 % of the estimate to ensure that the original dwelling will be removed within six months of the date the building permit is issued for the new dwelling. (d) The property owner shall provide the cash escrow or letter of credit referenced in (c) above at the time a building permit is issued for the new dwelling. The new dwelling shall not be occupied until a certificate of occupancy has been issued. (5) On a through lot both street lines shall be front lot lines for applying the yard and parking regulations of this chapter. d. Accessory buildings, uses and equipment. (1) An accessory structure shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. 1201 -26 2017S-12 1201.03 Zoning Regulations 1201.03 where the accessory apartment is occupied by the owner, occupancy of the dwelling unit itself shall be limited to persons related to the owner by blood, marriage or adoption. Exception: the occupancy limitations stated herein 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. (7) The owner of the single - family residence shall enter into a residential use agreement with the city, stipulating that the home will not be used except for single - family residential purposes, and that the accessory apartment shall not be rented out in the future to anyone not related by blood, marriage or adoption to the owner. Prior to occupancy of the accessory apartment, the owner shall provide evidence to the city that the residential use agreement has been recorded with the county. (8) Any property for which an accessory apartment is proposed shall have, at minimum, three off - street parking spaces, two of which must be enclosed. Any parking provided pursuant to this section shall be located in a garage or an approved driveway. (9) The accessory apartment and principal unit must meet the applicable standards and requirements of the Building Code, Fire Code and the Rental Housing Code. (10) The building and property shall remain in single ownership and title, and shall only have one mailing address. (11) Only one accessory apartment permit may be issued per detached single - family home. Subd. 23. Renewable energy. a. Purpose. It is the intent of the City Council, consistent with the Comprehensive Plan, to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. In accordance with that intent, the city finds that it is in the public interest to encourage renewable energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include: (1) To promote rather than restrict development of renewable energy sources by removing regulatory barriers and creating a clear regulatory path for approving renewable energy systems. 1201 -86A 2017S-12 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 elo (2) To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. (3) To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. (4) To encourage renewable energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. b. Solar energy systems. (1) Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (2) Standards. (a) Height. Roof - mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground- mounted solar energy systems shall not exceed 20 feet in height. (b) Location. In residential zoning districts, ground- mounted solar energy systems are limited to the rear yard. In non - residential zoning districts, ground- mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots, subject to applicable building setback requirements. (c) Setbacks. Ground - mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 20 feet from all property lines. Roof - mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. (d) Roof mounting. Roof - mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs. (e) Easements. Solar energy systems shall not encroach on public drainage, utility, roadway or trail easements. (f) Screening. Ground - mounted solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. 1201 -86B 2017S-12 1201.03 Zoning Regulations 1201.03 • (g) Maximum area. In residential zoning districts, ground- mounted solar energy systems shall be limited to a maximum area of 120 square feet footprint. In other zoning districts, ground- mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations or no more than 25 % of the rear yard, whichever is less. (h) Aesthetics. Reflection angles from ground- mounted collector surfaces shall be oriented away from the neighboring windows. Where necessary, screening may be required to address glare. (i) Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. (3) Safety. (a) Standards - electrical. (i) All utilities shall be installed underground. (ii) An exterior utility disconnect switch shall be installed at the electric meter serving the property. (iii) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city. (iv) No solar energy system shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the solar energy system with the utility company shall adhere to the national electrical code as adopted by the city. (b) Certification. The solar energy system shall be certified by Underwriters Laboratories, Inc., and comply to the requirements of the international building code. (c) Abandonment. Any solar energy system which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. (4) Permits. Building- integrated solar energy systems shall require a building permit prior to installation. Ground - mounted solar energy systems shall require a zoning permit, pursuant to § 1201.07 of this code prior to installation. 1201 -86C 2017S-12 1201,03 Shorewood - Zoning and Subdivision Regulations 1201.04 • C. Wind energy systems. (Reserved for future use.) d. Ground source heat pump systems. (Reserved for future use.) (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; Am. Ord. 492, passed 3 -12 -2012; Am. Ord. 499, passed 9 -10 -2012; Am. Ord. 521, passed 7 -27 -2015; Am. Ord. 523, passed 10 -26 -2015; Am Ord. 524, passed 12 -14 -2015; Am. Ord. 531, passed 7 -11 -2016; Am. Ord. 532, passed 7 -25 -2016) 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. 0 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. 0 1201 -86D 2017S-12 • • 1201.04 Zoning Regulations 1201.04 2017S-12 1 Notwithstanding anything to the contrary in this chapter, all applications �) g for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons 1201 -86E Shorewood - Zoning and Subdivision Regulations • • 0 1201 -86F • �J CHAPTER 1301 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1301.01 Purpose 1301.02 Adoption of master fee schedule by resolution 1301.03 Land use fees 1301.01 PURPOSE. Purpose. The purpose of this chapter pursuant to Minnesota State Law and the city's activities as a municipal entity requires us to set forth and establish certain fees and charges to reimburse the city for administrative and other expenses related to the issuing of permits, licenses and other services. The fees and charges for licensing, permits, programs, and services include but are not limited to building, zoning, planning, business, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise, administrative citations, and other miscellaneous fees that further the health, safety and welfare of the community at large. (1987 Code, § 1301.01) (Ord. 263, passed 12 -14 -1992; Am. Ord. 541, passed 5 -22 -2017) 1301.02 ADOPTION OF MASTER FEE SCHEDULE BY RESOLUTION. Adoption of fee schedule by resolution. All fees and charges shall be fixed and determined by the Council and set forth in the master fee schedule, with the exception of land use fees, which will remain in the code and will be adopted by ordinance. The master fee schedule will be adopted by resolution and uniformly enforced. The master fee schedule will be reviewed for relevancy and /or when new fees are established and amended as needed by resolution and adopted by the City Council. (Ord. 541, passed 5 -22 -2017) 2017S-12 1301 -1 1301.03 Shorewood - Municipal Fees 1301.03 0 1301.03 LAND USE FEES. LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference VI. Building, Zoning, Land Use* Site plan review /certificate 1201.07.2 $150 Subdivision sketch plan review 1202.03.1 $200 Subdivision (metes and bounds) 1202.03. 1 a(2) $350 plus $100 escrow (three lots or less) Subdivision (preliminary plat) 1202.03. 1 a(2) $350 plus $25 /lot plus $1,000 escrow Subdivision (final plat) 1202.03. 1 a(2) $500 plus $25 /lot plus $1,000 escrow Park dedication (cash in lieu of 1202.07 $6,500 /unit or 8 % of raw land value land) Comprehensive plan amendment $200 pre- application $800 formal application Extension of deadline for recording 50% of original application fee resolutions Note: Base fees are non - refundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building permit 1001.03 1997 U.B.C. SECTION 107 1997 U.B.C. TABLE 1 -A AND STATE Reinspection fee RULE 1300.0160 Residential Roofing permit $35 Siding permit $75 Window permit S.B.C. $75 Mechanical permit S.B.C. $75 Plumbing permit S.B.C. State Statute or 2.5 % of value, $35 minimum State Statute or $15 /fixture, $35 minimum 1301 -2 2017S-12 • • • • U 1301.03 License, Permit, Service Charges and Miscellaneous Fees 1301.03 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee Removal or abandonment, underground tanks U.F.C. $35 first tank plus $20 each additional Demolition permit S.B.C. $50* Sign permit application fee Approved sign permit fee 1201.03. 11 f $20 Per 1997 U.B.C. Table 1 -A Fence permit 1201.03.2f $20 Grading /filling permit S.B.C. Per 1997 U.B.C. Table A -33 -A and A -33 -B Home occupation permit 1201.03.12c $200 (special) Underground irrigation system permit 901.01.2d $20 R.O.W. Encroachment permit 901.01.2b $40 R.O.W. or easement vacation request $300 R.O.W. work annual registration 901.07 $200 R.O.W. excavation permit administration fee 901.09 $75 Per additional excavation - unpaved area 901.09 $20 Underground utility /telecom installation - direct boring or tunneling 901.09 $45 per 100 L. Ft. (plus minimum permit fee) Underground utility /telecom installation - open trenching 901.09 $60 per 100 L. Ft. (plus minimum permit fee) Obstruction permit 901.09 $20 2017S-12 1301 -3 1301,03 Shorewood - Municipal Fees 1301.03 0 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 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; Am. Ord. 489, passed 1 -9 -2012; Am. Ord. 491, passed 2 -13 -2012; Am. Ord. 494, passed 3 -26 -2012; Am. Ord. 502, passed 5 -28 -2013; Am. Ord. 507, passed 2 -3 -2014; Am. Ord. 513, passed 6 -9 -2014; Am. Ord. 518, passed 1 -12 -2015; Am. Ord. 519, passed 5 -26 -2015; Am. Ord. 541, passed 5 -22 -2017) 1301 -4 2017S-12 • REFERENCES TO MINNESOTA STATE STATUTES 3 2017S-12 M. S. Section Code Section Ch. 12 602.01, 602.08 Ch. 13 105.06, 303.02 15.73, Subd. 3 901.04 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 35.68 701.14 35.69 701.14 42 1201.26 82.17 204.02 84.81 -84.88 611.05 Ch. 84D 902.08 84D.105 902.08 88.16 -88.22 608.11 Ch. 103F 1101.01 103G.005, Subd. 14 1101.03 103G.245 1101.04, 1101..10 Ch. 105 1201.26 105.44 1201.26 144.50- 144.69 311.02 144.391 302.01 152.02 306.02 168.10 502.02 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 3 2017S-12 2017S-12 Shorewood - Parallel References • M. S. Section Code Section Ch. 216D 901.28 216D.01 -.09 901.20, 901.28 216D.04, Subd. 3 901.04 237.16 901.04 237.79 901.04 237.81 901.04 237.162 901.04, 901.11 - 237.162, Subd. 4 901.04, 901.11 237.163 901.04, 901.11 237.163, Subd. 2(b) 901.04 Ch. 238 901.04 238.086 901.04 243.166 506.03 243.167 506.03 244.052 506.02 Ch. 253B 506.02 260.185 606.01 278.01 - 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.404 401.05 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.802 401.09 343.21 705.02 343.40 701.19 347.50 701.02 347.53 701.16 Ch. 349 301.01, 301.02, 301.03 0 References to Minnesota State Statutes r� u M. S. Section Code Section 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 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. 4 201.07 462.3593 1201.03 462.3593, Subd. 9 1201.03 462.361 1201.04 463.15 et seq. 1004.07 Ch. 466 501.08 446.04 901.06 471.195 502.06 463.17 502.02 Ch. 474 108.01 G 2017S-12 Shorewood - Parallel References • M. S. Section Code Section 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 1201.02 609.02 902.08 609.02, Subd. 7a 705.02 609.75- 609.763 301.06, 301.13 609.342 506.02 609.343 506.02 609.344 506.02 609.345 506.02 609.352 506.02 609.365 506.02 609.725 603.03 617.23 506.02 617.246 506.02 617.247 506.02 617.293 506.02 624.20 312.01, 312.02, 603.05 626.862 104.02 4715.3140 901.06 0 2017S-12 • • • • 2017S-12 REFERENCES TO MINNESOTA RULES Minn. Rules Section Ch. 1306 Ch. 1335 Ch. 1335, parts 1335.0600- 1335.1200 Ch. 1510 Part 4720.0350 4725.4350 6100.5700, subp. 5 Ch. 6120, parts 6120.2500- 6120.3900 6120.3400 Part 6216.0250 Ch. 7009 Ch. 7011 Ch. 7017 Ch. 7019 Ch. 7030 7080.2270 Ch. 7560 7560.0150,subp. 2 7819.0050- 7819.9950 7819.1000, subp. 3 7819.1100 7819.1250 7819.1300 7819.3000 7819.3100 7819.3200 7819.4000 7819.4100 7819.5000 7819.5100 Ch. 7819, parts 7819.9900- 7819.9950 Chs . 8200 -8255 8800.1200 8800.2800 Ch. 9100 7 Code Section 1001.03 1001.03 1001.03 608.11 1004.04 1101.08 611.04 1201.02 904.06 902.08 1201.03 1201.03 1201.03 1201.03 501.05, 1201.03, 1201.23, 1201.24 1101.08 901.11, 901.28 901.17 901.04 901.07 901.04, 901.11 901.25 901.21 901.11 901.19 901.23 901.17 901.17 901.11, 901.19 901.19 901.04 106.01 1201.03 1201.03 705.06 Shorewood - Parallel References I* • • • • 2017S-12 REFERENCES TO MINNESOTA REGULATIONS Minn. Reg. Section Code Section 6120.2500- 6120.3900 1201.26 Ch. 1340 1201.26 6 Shorewood - Parallel References 0 • • 10 References to 1987 Code of Ordinances 1987 Code Section 2004 Code Section 1004.01 1004.01 1004.02 1004.02 1004.03 1004.03 1004.04 1004.04 1004.05 1004.05 1004.06 1004.07 1102.01 1102.01 1102.02 1102.02 1102.03 1102.03 1102.04 1102.04 1102.05 1102.05 1102.06 1102.06 1102.07 1102.07 1102.08. 1102.08 1102.09 1102.09 1102.10 1102.10 1102.11 1102.11 1103.01 1103.02 1103.01 1103.02 1103.03 1103.03 1201.01 1201.01 1201.02 1201.02 1201.03 1201.03 1201.04 1201.04 1201.05 1201.05 2017S-12 19 Shorewood - Parallel References • 1987 Code Section 2004 Code Section 1201.06 1201.06 1201.07 1201.07 1201.08 1201.08 1201.09 1201.09 1201.10 1201.10 1201.11 1201.11 1201.12 1201.12 1201.13 1201.13 1201.14 1201.14 1201.15 1201.15 1201.16 1201.16 1201.17 1201.17 1201.18 1201.18 1201.19 1201.19 1201.23 1201.23 1201.24 1201.24 1201.25 1201.25 1201.26 1201.26 1301.01 1301.01 1301.02 1301.03 20 2017S-12 • References to Ordinances Ord. No. Date Passed Code Section 200 9 -14 -1987 603.10 204 2 -8 -1988 901.01 208 4 -11 -1988 1201.03, 1201.06, 1201.10, 1201.11, 1201.19, 1201.23 209 5 -9 -1988 1102.11 214 5 -22 -1989 1201.03, 1201.23 217 7 -10 -1989 1102.05 218 7 -24 -1989 502.02 219 12 -4 -1989 904.15 222 3 -12 -1990 610.09 226 6 -11 -1990 1201.03 227 6 -11 -1990 1201.03 237 5 -13 -1991 503.09 238 6 -24 -1991 503.10 239 6 -24 -1991 901.01 242 8 -26 -1991 1201.02, 1201.10- 1201.17, 1201.23 243 9 -9 -1991 1201.02, 1201.03, 1201.17, 1201.19 245 10 -28 -1991 611.10 246 10 -28 -1991 610.06, 902.04 254 4 -13 -1992 904.18 254 4 -13 -1992 904.03 261 11 -30 -1992 1201.02, 1201.03, 1201.26 263 12 -14 -1992 304.05, 305.01, 503.09, 601.06, 904.08, 1301.01, 1301.03 264 1 -11 -1993 202.02 265 1 -25 -1993 308.01- 308.13 266 1 -25 -1993 902.02 268 1 -25 -1993 905.01- 905.09 270 2 -22 -1993 1201.03 271 3 -10 -1993 904.18 • 2017S-12 23 Shorewood - Parallel References C� Ord. No. Date Passed Code Section 272 4 -12 -1993 1004.01- 1004.05, 1004.07 274 5 -10 -1993 1301.03 275 5 -24 -1993 1201.03 276 6 -14 -1993 1201.03 277 8 -23 -1993 904.09, 1301.03 278 8 -23 -1993 202.02 279 9 -27 -1993 1301.03 280 10 -11 -1993 611.10 285 1 -24 -1994 1301.03 286 2 -28 -1994 906.05 287 3 -14 -1994 1301.03 288 3 -28 -1994 702.03 289 3 -28 -1994 1201.03 291 5 -9 -1994 1201.03 292 5 -23 -1994 1301.03 293 6 -13 -1994 904.05 294 9 -12 -1994 902.04 296 1 -23 -1995 611.10 297 2 -27 -1995 610.09 299 6 -12 -1995 1301.03 301 6 -12 -1995 1301.03 302 7 -10 -1995 1301.03 305 8 -28 -1995 1102.02, 1102.06 309 2 -12 -1996 1301.03 310 2 -12 -1996 902.06 311 6 -24 -1996 609.01- 609.05 312 6 -24 -1996 610.06 314 10 -14 -1996 611.10 315 11 -25 -1996 201.08 316 11 -25 -1996 308.04 317 12 -4 -1996 202.02, 202.03 318 1 -13 -1997 308.11 321 5 -12 -1997 1201.02, 1201.03 322 6 -9 -1997 1301.03 323 10 -26 -1997 1201.03 324 10 -27 -1997 1103.03 328 12 -15 -1997 1301.03 24 2017S-12 • References to Ordinances • Ord. No. Date Passed Code Section 329 12 -15 -1997 1301.03 330 2 -9 -1998 610.10 332 2 -23 -1998 1301.03 334 4 -27 -1998 902.03 336 5 -26 -1998 201.02, 201.03 338 8 -24 -1998 602.09 340 9 -14 -1998 1301.03 341 9 -14 -1998 308.02, 308.04 343 9 -28 -1998 1201.03 344 9 -28 -1998 1301.03 345 10 -26 -1998 1201.02, 1201.03 347 11 -23 -1998 904.09 348 1 -11 -1999 201.02, 201.03 349 1 -25 -1999 202.02 351 5 -24 -1999 1301.03 353 6 -14 -1999 601.02- 601.04, 601.07, 1301.03 356 9 -13 -1999 1301.03 358 10 -25 -1999 611.02, 611.03 359 12 -13 -1999 1301.03 360 1 -10 -2000 1301.03 361 2 -14 -2000 1201.03 363 5 -22 -2000 702.04 364 6 -26 -2000 902.04 365 8 -14 -2000 902.06, 1301.03 367 9 -11 -2000 1201.09 368 11 -27 -2000 1201.09 369 2 -12 -2001 1301.03 370 2 -26 -2001 1301.03 371 5 -29 -2001 1201.03 373 -a 7 -23 -2001 1201.02 373 -b 8 -27 -2001 311.01- 311.09 374 12 -10 -2001 1201.03 375 12 -10 -2001 1201.03 377 1 -14 -2002 310.04 378 1 -14 -2002 901.03 379 2 -11 -2002 1201.03 380 2 -11 -2002 1202.01- 1202.10 381 2 -25 -2002 610.06 25 2017S-12 Shorewood - Parallel References 1] Ord. No. Date Passed Code Section 382 3 -25 -2002 1201.26 383 3 -25 -2002 1201.04, 1201.05 384 4 -30 -2002 106.01 385 5 -28 -2002 503.09 386 6 -10 -2002 312.01- 312.13 387 6 -10 -2002 603.05 388 7 -8 -2002 1201.09 389 8 -12 -2002 1201.02, 1201.04 390 8 -12 -2002 503.06 391 11 -12 -2002 310.03 392 1 -27 -2003 1201.03 395 7 -28 -2003 903.01- 903.20 396 7 -28 -2003 1201.03 397 8 -25 -2003 1201.19 399 9 -22 -2003 503.01, 503.06 400 2 -9 -2004 1001.01 - 1001.06 401 2 -23 -2004 607.01- 607.05 402 3 -8 -2004 610.09 403 5 -24 -2004 1201.19 406 9 -13 -2004 201.03, 202.02 407 9 -27 -2004 201.04, 202.03 408 10 -11 -2004 105.05 409 11 -22 -2004 Adopting Ordinance 410 12 -13 -2004 1201.03 411 12 -13 -2004 1201.25 412 2 -28 -2005 1301.03 413 2 -28 -2005 1201.03 415 4 -25 -2005 1201.09 416 7 -25 -2005 1301.03 419 1 -23 -2006 1201.02, 1201.03 420 2 -13 -2006 1201.03, 1201.26 422 7 -24 -2006 1201.19 423 7 -24 -2006 1201.09 424 7 -24 -2006 1201.09 425 7 -24 -2006 1201.09 426 7 -24 -2006 1201.09, 1201.22, 1201.23 427 7 -24 -2006 1201.03 428 8 -14 -2006 Adopting Ordinance F 2017S-12 r1 References to Ordinances • Ord. No. Date Passed Code Section 429 1 -22 -2007 1005.01- 1005.06 430 11 -13 -2006 603.06, 703.04 431 11 -27 -2006 1201.02, 1201.03 432 12 -11 -2006 1301.03 433 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 1301.03 438 8 -13 -2007 1301.03 439 9 -10 -2007 1301.03 440 11 -5 -2007 1201.22 441 11 -5 -2007 401.01- 401.22, 402.01- 402.03 442 11 -5 -2007 1301.03 443 11 -26 -2007 1201.24 444 12 -10 -2007 901.01- 901.29 445 12 -10 -2007 1301.03 446 1 -28 -2008 1301.03 447 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 1301.03 453 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 1301.03 458 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 1301.03 464 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 1201.03 468 5 -24 -2010 202.01- 202.05 469 6 -14 -2010 201.03, 202.02 27 2017S-12 Shorewood - Parallel References Ord. No. Date Passed Code Section 470 6 -28 -2010 Adopting Ordinance 471 11 -22 -2010 1301.03 472 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 1301.03 484 10 -24 -2011 308.01, 308.02, 308.04- 308.06,308.08, 308.11, 308.12 4857 11 -14 -2011 1201.02, 1201.05 486 11 -14 -2011 110.01- 110.06 487 11 -28 -2011 1201.02, 1201.03 488 11 -28 -2011 1301.03 489 1 -9 -2012 1301.03 490 2 -13 -2012 311.01 - 311.09 491 2 -13 -2012 1301.03 492 3 -12 -2012 1201.02, 1201.03 493 3 -12 -2012 705.01- 705.10 494 3 -26 -2012 1301.03 495 6 -11 -2012 902.08 496 6 -25 -2012 Adopting Ordinance 498 8 -27 -2012 612.01- 612.04 499 9 -10 -2012 1201.02, 1201.03 500 1 -14 -2013 908.01- 908.04 501 3 -25 -2013 1201.07 502 5 -28 -2013 1301.03 503 8 -12 -2013 Adopting Ordinance 504 10 -28 -2013 701.01 - 701.19 506 1 -13 -2014 701.07 507 2 -3 -2014 1301.03 508 2 -24 -2014 610.09 509 2 -24 -2014 201.02, 201.03 510 2 -24 -2014 202.02 511 4 -14 -2014 105.05 512 4 -28 -2014 106.01 2017S-12 • • References to Ordinances • Ord. No. Date Passed Code Section 513 6 -9 -2014 401.05, 1301.03 514 6 -23 -2014 109.01 515 8 -11 -2014 Adopting Ordinance 516 8 -25 -2014 501.05 517 9 -8 -2014 503.06 518 1 -12 -2015 1301.03 519 5 -26 -2015 1301.03 520 7 -27 -2015 1201.19 521 7 -27 -2015 1201.03 522 8 -24 -2015 Adopting Ordinance 523 10 -26 -2015 1201.03 524 12 -14 -2015 1201.03 525 2 -8 -2016 501.04 526 3 -14 -2016 505.02 528 5 -9 -2016 Adopting Ordinance 531 7 -11 -2016 1201.02, 1201.03 532 7 -25 -2016 1201.03 533 9 -26 -2016 1004.03, 1004.06, 1004.07 534 10 -24 -2016 1101.01- 1101.13 535 11 -28 -2016 1201.02 538 1 -23 -2017 506.01 - 506.04 541 5 -22 -2017 1301.01- 1301.03 • 2017S-12 Shorewood - Parallel References i is • 30 • • 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 2012S-7 6i Shorewood - Index BUILDING REGULATIONS (Cont'd) 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, 1004.07 Definitions, 1004.02 Inspections, 1004.05 Licensing of rental units, 1004.03 Minimum standards, 1004.04 Purpose and intent, 1004.01 Short-term rental prohibited, 1004.06 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 2017S-12 • 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 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, 3 12. 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 0 Sanctions for license violations, 312.12 FLOOD PLAIN MANAGEMENT REGULATIONS Administration, 1101.10 Amendments, 1101.13 Establishment of zoning districts, 1101.03 Floodway District (FW), 1101.04 Flood Fringe District (FF), 1101.05 General Floodplain District (GF), 1101.06 General provisions, 1101.02 Land development standards, 1101.07 Manufactured homes and placement of recreational vehicles, 1101.09 Nonconformities, 1101.11 Penalties and enforcement, 110 1. 12 Public utilities, railroads, roads and bridges, 1101.08 Statutory authorization, findings of face and purpose, 1101.01 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 11 2017S-12 Shorewood - Index GAMBLING AND RAFFLES (Cont'd) 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 GARAGE SALES (See TRANSIENT MERCHANTS, 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 12 2013 S -8 • Index 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 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 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Adoption of master fee schedule by resolution, 1301.02 Land use fees, 1301.03 Purpose, 1301.01 LIQUIDS; COMBUSTIBLE; STORAGE OF (See COMBUSTIBLE LIQUIDS; STORAGE OF) LIQUOR REGULATIONS (See also SOCIAL HOST) 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 2017S-12 12A Shorewood - Index LIQUOR REGULATIONS (Cont'd) Liquor regulations (Cont'd) 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, 40 1. 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 Term of license, 401.14 Transfer of license, 401.12 Violation, 401.21 W'? 2017S-12 • • • • Index SEXUAL CONDUCT; PREMISES CONDUCIVE TO HIGH -RISK Criminal penalties, 504.06 Definitions, 504.02 Exceptions, 504.04 Findings and purpose, 504.01 Health enforcement powers, 504.05 Public health regulations, 504.03 SEXUAL OFFENDERS AND SEXUAL PREDATORS Definitions, 506.02 Findings and intent, 506.01 Renting real property; penalties, 506.04 Residence prohibition; penalties; exceptions, 506.03 SHORELAND DISTRICT, 1201.26 SINGLE AND TWO - FAMILY RESIDENTIAL DISTRICT, 1201.14, 1204.15, 1204.16 SINGLE - FAMILY RESIDENTIAL DISTRICT, 1201.10, 120 1. 11 SNOWMOBILES Application of other laws, 611.05 Chasing animals forbidden, 611.08 Definitions, 611.01 Equipment, 611.04 Leaving snowmobile unattended, 611.07 Littering and obstructions, 611.09 Manner of operation, 611.03 Operation generally, 611.02 Persons under certain age, 611.06 Violations, 611.10 SOCIAL HOST (See also LIQUOR REGULATIONS) Definitions, 612.02 Exceptions, 612.04 Findings and purpose, 612.01 Prohibited acts, 612.03 SOLICITORS (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) 2017S-12 17 Shorewood - Index • SPECIAL EVENT REGISTRATION AND PERMIT Enforcement, 505.03 Event registration and permit, 505.02 Purpose, 505.01 Violation, 505.04 STANDING AND PARKING, 610.02 STOPPING, STANDING AND PARKING, 610.02 STORMWATER UTILITY (see also ILLICIT DISCHARGE INTO STORMWATER SYSTEM) Adjustment of charges, 905.05 Establishment of stormwater drainage utility, 905.02 Establishment of tax lien, 905.08 Exemptions, 905.06 Other land uses, 905.04 Payment of charge, 905.07 Purpose, 905.01 Recalculation of charges, 905.09 Stormwater utility rates, 905.03 0 STREETS AND PUBLIC RIGHT -OF -WAY Abandoned and unusable equipment, 901.24 Administration, 901.05 Appeal, 901.16 Authority of Director, 901.22 Denial of permit, 901.13 Diligence in performing work, 901.09 Emergency work, 901.14 Encroachments, 901.01 Franchise holders, 901.26 House numbering, 901.02 Indemnification and liability, 901.25 Inspection, 901.21 Location and relocation of facilities, 901.19 Location of facilities and equipment, 901.18 Mapping, 901.17 Other obligations, 901.28 Permit applications, 901.08 Permit limitations, 901.12 Permit required; bond; exceptions, 901.07 Pre - excavation facilities location, 901.20 IV 2017S-12 • • 0 • Shorewood - Index STREETS AND PUBLIC RIGHT -OF -WAY (Cont'd) Registration, 901.06 Repair and restoration, 90 1. 11 Revocation of permits, 901.15 Right -of -way management, 901.04 Right -of -way vacation, 901.23 Standards during construction or installation, 901.10 Supplementary applications, 901.27 Underground utilities, 901.03 Violation, 901.29 2017S-12 18A Shorewood - Index • • Im