American Legal Supplement 14 - 2019Shorewood, MN Code of Ordinances
2019 S -14 Supplement contains:
Local legislation current through Ord. 563, passed 3 -25 -2019
Published by:
American Legal Publishing Corporation
One West Fourth Street, Third Floor
Cincinnati, Ohio 45202
Tel: (800) 445 -5588
Fax: (513) 763 -3562
Internet: http- / /www.amlegal.com
ORDINANCE NO. 409
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF
SHOREWOOD MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING,
CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING
WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND
PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES
WHEREAS Minnesota Statutes Sections 415.02 and 415.03 authorize the city to cause
its ordinances to be codified and printed in a book,
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains.
Section 1. The general ordinances of the City as amended, restated, revised,
updated, codified and compiled in book form, including penalties for the violations of
various provisions thereof, are hereby adopted and shall constitute the "Code of
Ordinances of the City of Shorewood." This Code of Ordinances also adopts by
reference certain statutes and administrative rules of the State of Minnesota as named
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in the Code of Ordinances.
Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the
following titles:
Title 100: Administration
Title 200: Boards and Commissions
Title 300: Business Regulations
Title 400: Liquor Regulations
Title 500: Public Health
Title 600: Public Safety
Title 700: Animal Regulations
Title 800: [Reserved]
Title 900: Public Right -of -Way and Property
Title 1000: Building Regulations
Title 1100: Flood Plain and Wetland Developments
Title 1200: Zoning and Subdivision Regulations
Title 1300: Municipal Fees
Section 3. All prior ordinances, pertaining to the subjects treated in the Code of
Ordinances, shall be deemed repealed from and after the effective date of this
ordinance, except as they are included and re- ordained in whole or in part in the Code
of Ordinances; provided, this repeal shall not affect any offense committed or penalty
incurred or any right established prior to the effective date of this ordinance, nor shall
this repeal affect the provisions of ordinances levying taxes, appropriating money,
annexing or detaching territory, establishing franchises, or granting special rights to
certain persons, authorizing public improvements, authorizing the issuance of bonds or
borrowing of money, authorizing the purchase or sale of real or personal property,
granting or accepting easements, plat or dedication of land to public use, vacating or
setting the boundaries of streets or other public places; nor shall this repeal affect any
other ordinance of a temporary or special nature or pertaining to subjects not contained
in or covered by the Code of Ordinances.
Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient
publication of any ordinance included in it and not previously published in the City's
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official newspaper. The Clerk of the City shall cause a substantial quantity of the Code
of Ordinances to be printed for general distribution to the public at actual cost and shall
furnish a copy of the Code of Ordinances to the County Law Library or its designated
depository. The official copy of this Code of Ordinances shall be kept in the office of
the City Clerk.
Section 5. The Code of Ordinances is declared to be prima facie evidence of the law
of the City and shall be received in evidence as provided by Minnesota Statutes by the
Courts of the State of Minnesota.
Section 6. This ordinance adopting the Code of Ordinances, and the Code of
Ordinances itself, shall take effect upon publication of this ordinance in the City's
official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 22nd
day of November, 2004.
Woody Love /s/
Woody Love, Mayor
ATTEST:
Craig W. Dawson /s/
Craig W. Dawson, City Administrator /Clerk
ORDINANCE NO. 428
AN ORDINANCE ENACTING AND ADOPTING THE 2006 S -1 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the first Supplement to the Code of Ordinances of the City of Shorewood, which
contains all ordinances enacted since the 2004 Code Book recodification, through
Ordinance No. 421 dated February 27, 2006; and
WHEREAS, it is the intent of the Shorewood City Council to accept these updated
sections, as outlined in the attached Exhibit A, in accordance with the changes of the
laws of the State of Minnesota;
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NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains.
Section 1. That the first supplement to the Code of Ordinances of the City of
Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio,
is hereby adopted.
Section 2. This ordinance adopting the 2006 S -1 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 14th day
of August, 2006.
Woody Love /s/
Woody Love, Mayor
Attest:
Craig W. Dawson /s/
Craig W. Dawson, City Administrator /Clerk
ORDINANCE NO. 436
AN ORDINANCE ENACTING AND ADOPTING THE 2007 S -2 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the second Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 433 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 second 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 2007 S -2 Supplement to the Code of
Ordinances shall take effect upon publication in the City's official newspaper.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 29th day
of May, 2007.
Christine Lizee /s/
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson /s/
Craig W. Dawson, City Administrator /Clerk
ORDINANCE NO. 453
AN ORDINANCE ENACTING AND ADOPTING THE 2008 S -3 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the third Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 447 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 third 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 2008 S -3 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 22th day
of September, 2008.
Christine Lizee /s/
Christine Lizee, Mayor
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ATTEST:
Brian Heck /s/
Brian Heck, City Administrator /Clerk
ORDINANCE NO. 460
AN ORDINANCE ENACTING AND ADOPTING THE 2009 S -4 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the fourth Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 456 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and
WHEREAS, it is the intent of the City of Shorewood to accept these updated sections,
as outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the fourth supplement to the Code of Ordinances of the City of
Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio,
is hereby accepted.
Section 2. This ordinance adopting the 2009 S -4 Supplement to the Code of
Ordinances shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 27th day
of July, 2009.
Christine Lizee /s/
Christine Lizee, Mayor
ATTEST:
Brian Heck /s/
Brian Heck, City Administrator /Clerk
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ORDINANCE NO. 470
AN ORDINANCE ENACTING AND ADOPTING THE 2010 S -5 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the fifth Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 464 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 fifth 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 2010 S -5 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 June, 2010.
Christine Lizee /s/
Christine Lizee,
Mayor
ATTEST:
Brian Heck /s/
Brian Heck, City Administrator /Clerk
ORDINANCE NO. 476
AN ORDINANCE ENACTING AND ADOPTING THE 2011 S -6 SUPPLEMENT TO THE
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CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the fifth Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 473 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and
WHEREAS, it is the intent of the City of Shorewood to accept these updated sections,
as outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the sixth supplement to the Code of Ordinances of the City of
Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio,
is hereby accepted.
Section 2. This ordinance adopting the 2011 S -6 Supplement to the Code of
Ordinances shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 23rd
day of May, 2011.
Christine Lizee /s/
Christine Lizee, Mayor
ATTEST:
Brian Heck /s/
Brian Heck, City Administrator /Clerk
ORDINANCE NO. 496
AN ORDINANCE ENACTING AND ADOPTING THE 2012 S -7 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the seventh Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 488 of a
general and permanent nature enacted since the prior supplement of the Code of
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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 seventh 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 2012 S -7 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 25th day
of June, 2012.
Scott Zerby /s/
Scott Zerby, Acting Mayor
ATTEST:
Larry Brown /s/
Larry Brown, Interim City Administrator /Clerk
ORDINANCE NO. 503
AN ORDINANCE ENACTING AND ADOPTING THE 2013 S -8 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD, MINNESOTA
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the seventh supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 499 of a
general and permanent nature enacted since the prior supplement of the Code of
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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 eighth 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 2013 S -8 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 12th day
of August, 2013.
Scott Zerby /s/
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn /s/
Jean Panchyshyn, City Clerk
ORDINANCE NO. 515
AN ORDINANCE ENACTING AND ADOPTING THE 2014 S -9 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD, MINNESOTA
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed
the seventh supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 510 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;
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NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains.
Section 1. That the ninth 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 2014 S -9 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 11th day
of August, 2014.
Scott Zerby /s/
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn /s/
Jean Panchyshyn, City Clerk
ORDINANCE NO. 522
AN ORDINANCE ENACTING AND ADOPTING THE 2015 S -10 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. 518 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 tenth supplement to the Code of Ordinances of the City of
Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio,
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is hereby accepted.
Section 2. This ordinance adopting the 2015 S -10 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 24th day
of August, 2015.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
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
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of May, 2016.
Scott Zerby, Mayor
ATTEST:
Jean Panchyshyn, City Clerk
ORDINANCE NO. 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 twelth 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 twelfth 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.
Scott Zerby, Mayor
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ATTEST:
Sandie Thone, City Clerk
ORDINANCE 561
AN ORDINANCE ENACTING AND ADOPTING THE 2018 S -13 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
thirteenth supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 555 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and
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 thirteenth 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 2018 S -13 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 23rd
day of July 2018.
ATTEST:
Scott Zerby, Mayor
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Sandie Thone, City Clerk
Subject
Chapter
Official City Code
101
Saving Clause
102
Definitions
103
General Penalty and Enforcement
104
City Officers and Employees
105
Biennial Elections
106
Annual Audit
107
[Reserved]
108
Harbor Limits
109
Domestic Partnership Registry
110
Section
101.01 Title of code
CHAPTER 101
OFFICIAL CITY CODE
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101.02 Rules of interpretation
101.03 Application to future ordinances
101.04 Captions
101.05 Reference to other sections
101.06 Reference to offices
101.07 Errors and omissions
101.08 Official time
101.09 Reasonable time
101.10 Effective date of ordinances
101.11 Repeal or modification of ordinance
101.12 Ordinances which amend or supplement code
101.13 Preservation of penalties, offenses, rights and liabilities
101.14 Copies of code
101.15 Adoption of statutes and rules by reference
101.01 TITLE OF CODE.
Subd. 1. All ordinances of a permanent and general nature of the city, as revised,
codified, rearranged, renumbered, and consolidated into component codes, titles,
chapters, and sections, shall be known and designated as the "Shorewood City Code,"
for which designation "code of ordinances," "codified ordinances," "city code" or "code"
may be substituted. Code title, chapter, and section headings do not constitute any
part of the law as contained in the code.
Subd. 2. All references to codes, titles, chapters, and sections are to the
components of the code unless otherwise specified. Any component code may be
referred to and cited by its name, such as the "Traffic Code." Sections may be referred
to and cited by the designation " §" followed by the number, such as "§ 101.01."
Headings and captions used in this code other than the title, chapter, and section
numbers are employed for reference purposes only and shall not be deemed a part of
the text of any section.
101.02 RULES OF INTERPRETATION.
Subd. 1. Generally. Unless otherwise provided herein, or by law or implication
required, the same rules of construction, definition, and application shall govern the
interpretation of this code as those governing the interpretation of state law.
Subd. 2. Specific rules of interpretation. The construction of all ordinances of this
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city shall be by the following rules, unless that construction is plainly repugnant to the
intent of the legislative body or of the context of the same ordinance:
a. AND or OR. Either conjunction shall include the other as if written
"and /or," whenever the context requires.
b. Acts by assistants. When a statute, code provisions or ordinance
requires an act to be done which, by law, an agent or deputy as well may do as the
principal, that requisition shall be satisfied by the performance of the act by an
authorized agent or deputy.
C. Gender, singular and plural, tenses. Words denoting the
masculine gender shall be deemed to include the feminine and neuter genders; words
in the singular shall include the plural, and words in the plural shall include the
singular; the use of a verb in the present tense shall include the future, if applicable.
d. General term. A general term following specific enumeration of
terms is not to be limited to the class enumerated unless expressly so limited.
101.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to
ordinances hereafter adopted which amend or supplement this code unless otherwise
specifically provided.
101.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and
section numbers are employed for reference purposes only and shall not be deemed a
part of the text of any section.
101.05 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, that
reference shall extend and apply to the section referred to as subsequently amended,
revised, recodified, or renumbered unless the subject matter is changed or materially
altered by the amendment or revision.
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101.06 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office,
officer, or employee of this city exercising the powers, duties, or functions contemplated
in the provision, irrespective of any transfer of functions or change in the official title of
the functionary.
101.07 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the
omission of any word or words necessary to express the intention of the provisions
affected; the use of a word or words to which no meaning can be attached; or the use
of a word or words when another word or words was clearly intended to express the
intent, the spelling shall be corrected and the word or words supplied, omitted, or
substituted as will conform with the manifest intention, and the provisions shall have the
same effect as though the correct words were contained in the text as originally
published. No alteration shall be made or permitted if any question exists regarding the
nature or extent of the error.
101.08 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be
the official time within this city for the transaction of all city business.
101.09 REASONABLE TIME.
Subd. 1. In all cases where an ordinance requires an act to be done in a
reasonable time or requires reasonable notice to be given, reasonable time or notice
shall be deemed to mean the time which is necessary for a prompt performance of the
act or the giving of the notice.
Subd. 2. The time within which an act is to be done, as herein provided, shall be
computed by excluding the first day and including the last. If the last day is a legal
holiday or a Sunday, it shall be excluded.
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101.10 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take
effect from and after the due publication thereof, unless otherwise expressly provided.
101.11 REPEAL OR MODIFICATION OF ORDINANCE.
Subd. 1. Whenever any ordinance or part of an ordinance shall be repealed or
modified by a subsequent ordinance, the ordinance or part of an ordinance thus
repealed or modified shall continue in force until the publication of the ordinance
repealing or modifying it when publication is required to give effect to it, unless
otherwise expressly provided.
Subd. 2. No suit, proceedings, right, fine, forfeiture, or penalty instituted, created,
given, secured, or accrued under any ordinance previous to its repeal shall in any way
be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered
as fully as if the ordinance had continued in force unless it is otherwise expressly
provided.
Subd. 3. When any ordinance repealing a former ordinance, clause, or provision
shall be itself repealed, the repeal shall not be construed to revive the former
ordinance, clause, or provision, unless it is expressly provided.
101.12 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
Subd. 1. If the City Council shall desire to amend any existing chapter or section of
this code, the chapter or section shall be specifically repealed and a new chapter or
section, containing the desired amendment, substituted in its place.
Subd. 2. Any ordinance which is proposed to add to the existing code a new
chapter or section shall indicate, with reference to the arrangement of this code, the
proper number of the chapter or section. In addition to this indication as may appear in
the text of the proposed ordinance, a caption or title shall be shown in concise form
above the ordinance.
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101.13 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code
shall be prosecuted and remain punishable as provided by those laws. This code does
not affect any rights or liabilities accrued, penalties incurred, or proceedings begun
prior to the effective date of this code. The liabilities, proceedings and rights are
continued; punishments, penalties, or forfeitures shall be enforced and imposed as if
this code had not been enacted. In particular, any agreement granting permission to
utilize highway right -of -ways, contracts entered into or franchises granted, the
acceptance, establishment or vacation of any highway, and the election of corporate
officers shall remain valid in all respects, as if this code had not been enacted.
101.14 COPIES OF CODE.
The official copy of this code shall be kept in the office of the City Administrator
for public inspection. The Administrator shall provide a copy for sale for a reasonable
charge.
101.15 ADOPTION OF STATUTES AND RULES BY REFERENCE.
It is the intention of the City Council that, when adopting this Minnesota Basic
Code, all future amendments to any state or federal rules and statutes adopted by
reference in this code or referenced in this code are hereby adopted by reference or
referenced as if they had been in existence at the time this code was adopted, unless
there is clear intention expressed in the code to the contrary.
CHAPTER 102
SAVING CLAUSE
Sections
102.01 Ordinances repealed
102.02 Ordinances unaffected
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102.03 Public utility ordinances
102.04 Court proceedings
102.05 Severability
102.01 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a
general nature pertaining to the subjects herein enumerated and embraced. All prior
ordinances pertaining to the subjects treated by this code shall be deemed repealed
from and after the effective date of this code.
102.02 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances
pertaining to subjects not embraced in this code shall remain in full force and effect
unless herein repealed expressly or by necessary implication.
102.03 PUBLIC UTILITY ORDINANCES.
No ordinance relating to railroads or railroad crossings with streets and other
public ways or relating to the conduct, duties, service or rates of public utilities shall be
repealed by virtue of the adoption of this City Code or by virtue of the preceding
sections, excepting as the City Code may contain provisions for such matters, in which
case this City Code shall be considered as amending the ordinance or ordinances in
respect to the provisions only.
(1987 Code, § 102.02)
102.04 COURT PROCEEDINGS.
Subd. 1. No new ordinance shall be construed or held to repeal a former ordinance
whether the former ordinance is expressly repealed or not, as to any offense committed
against the former ordinance or as to any act done, any penalty, forfeiture or
punishment so incurred, or any right accrued or claim arising under the former
ordinance, or in any way whatever to affect any offense or act so committed or so done,
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or any penalty, forfeiture or punishment so incurred or any right accrued or claim
arising before the new ordinance takes effect, save only that the proceedings thereafter
shall conform to the ordinance in force at the time of the proceeding, so far as
practicable, if any penalty, forfeiture or punishment be mitigated by any provision of a
new ordinance, the provision may be, by consent of the party affected, applied to any
judgment announced after the new ordinance takes effect.
Subd. 2. This section shall extend to all repeals, either by express words or
implication, whether the repeal is in the ordinance making any new provisions upon the
same subject or in any other ordinance.
Subd. 3. Nothing contained in this chapter shall be construed as abating any
action now pending under or by virtue of any general ordinance of the city herein
repealed and the provisions of all general ordinances contained in this code shall be
deemed to be continuing provisions and not a new enactment of the same provision;
nor shall this chapter be deemed as discontinuing, abating, modifying or altering any
penalty accrued or to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the city under any ordinance or provision thereof
in force at the time of the adoption of this City Code.
(1987 Code, § 102.03)
102.05 SEVERABILITY.
If any provision of this code as now or later amended or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions
that can be given effect without the invalid provision or application.
Section
103.01 General rule
103.02 Definitions
CHAPTER 103
DEFINITIONS
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103.01 GENERAL RULE.
Words and phrases shall be taken in their plain, or ordinary and usual sense.
However, technical words and phrases having a peculiar and appropriate meaning in
law shall be understood according to their technical import.
103.02 DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CITY. The City of Shorewood, Minnesota. The term CITYwhen used in this
code may also be used to refer to the City Council and its authorized representatives.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as
modified by amendment, revision, and adoption of new titles, chapters, or sections.
CODE COMPLIANCE OFFICER. Any officer of the South Lake Minnetonka
Police Department, any employee of the City of Shorewood, or any person or company
contracted to provide code - enforcement services who has authority to enforce the
Shorewood City Code. There may be more than one person designated as CODE
COMPLIANCE OFFICER at any given time.
CODE OFFENSE. A violation of any section, subdivision, paragraph or
provision of the Shorewood City Code that is subject to a civil penalty. Each day the
violation exists constitutes a separate CODE OFFENSE.
COUNTY. Hennepin County.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in those cases the words SWEAR and SWORN shall be
equivalent to the words AFFIRM and AFFIRMED. All terms shall mean a pledge taken
by the person and administered by an individual authorized by state law.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer,
office, employee, commission, or department of this city unless the context clearly
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requires otherwise.
OWNER. An individual, association, syndicate, partnership, corporation, limited
liability company, trust or any other legal entity holding an equitable or legal ownership
interest in land, buildings, structures, dwelling unit(s) or other property.
PERSON. Extends to and includes an individual, person, persons, firm,
corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause
prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to
any unincorporated entity shall mean the partners or members thereof, and as applied
to corporations, the officers or agents thereof.
write.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot
STATE. The State of Minnesota.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in
the chapter analysis and a capitalized heading in the body of the chapter, setting apart
a group of sections related by the subject matter of the heading. Not all chapters have
subchapters.
WRITTEN. Any representation of words, letters, or figures, whether by printing
or otherwise.
YEAR. A calendar year, unless otherwise expressed.
CHAPTER 104
GENERAL PENALTY AND ENFORCEMENT
Section
104.01
General penalty
104.02
Enforcement
104.03
Administrative enforcement of code regulations
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104.01 GENERAL PENALTY.
Subd. 1. Any person, firm, or corporation who violates any provision of this code
for which another penalty is not specifically provided, shall, upon conviction, be guilty
of a misdemeanor. The penalty which may be imposed for any crime which is a
misdemeanor under this code, including Minnesota Statutes specifically adopted by
reference.
Subd. 2. Any person, firm or corporation who violates any provision of this code,
including Minnesota Statutes specifically adopted by reference, which is designated to
be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The
penalty which may be imposed for any petty offense which is a petty misdemeanor shall
be a sentence of a fine of not more than $300.
Subd. 3. In either the case of a misdemeanor or a petty misdemeanor, the costs of
prosecution may be added. A separate offense shall be deemed committed upon each
day during which a violation occurs or continues.
Subd. 4. The failure of any officer or employee of the city to perform any official
duty imposed by this code shall not subject the officer or employee to the penalty
imposed for a violation.
104.02 ENFORCEMENT.
Subd. 1. Any Licensed Peace Officer of the city's Police Department, or the County
Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this
code.
Subd. 2. As permitted by M.S. § 626.862, as it may be amended from time to time,
the City Administrator /Clerk shall have the authority to administer and enforce this
code. In addition, under that statutory authority, certain individuals designated within
the code have the authority to administer and enforce the provisions specified. All and
any person or persons designated by the City Administrator /Clerk may issue a citation
in lieu of arrest or continued detention to enforce any provision of the code.
Subd. 3. The City Administrator /Clerk and any city official or employee designated
by this code who has the responsibility to perform a duty under this code may with the
permission of a licensee of a business or owner of any property or resident of a
dwelling, or other person in control of any premises, inspect or otherwise enter any
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property to enforce compliance with this code
Subd. 4. If the licensee, owner, resident, or other person in control of a premises
objects to the inspection of or entrance to the property, the City Administrator /Clerk,
Peace Officer, or any employee or official charged with the duty of enforcing the
provisions of this code may, upon a showing that probable cause exists for the
issuance of a valid search warrant from a court of competent jurisdiction, petition and
obtain a search warrant before conducting the inspection or otherwise entering the
property. This warrant shall be only to determine whether the provisions of this code
enacted to protect the health, safety and welfare of the people are being complied with
and to enforce these provisions only, and no criminal charges shall be made as a result
of the warrant. No warrant shall be issued unless there be probable cause to issue the
warrant. Probable cause occurs if the search is reasonable. Probable cause does not
depend on specific knowledge of the condition of a particular property.
Subd. 5. Every licensee, owner, resident or other person in control of property
within the city shall permit at reasonable times inspections of or entrance to the
property by the City Administrator /Clerk or any other authorized city officer or employee
only to determine whether the provisions of this code enacted to protect the health,
safety and welfare of the people are being complied with and to enforce these
provisions. Unreasonable refusal to permit the inspection of or entrance to the property
shall be grounds for termination of any and all permits, licenses or city service to the
property. Mailed notice shall be given to the licensee, owner, resident or other person
in control of the property, stating the grounds for the termination, and the licensee,
owner, resident or other person in control of the property shall be given an opportunity
to appear before the City Administrator /Clerk to object to the termination before it
occurs, subject to appeal of the City Administrator /Clerk's decision to the City Council
at a regularly scheduled or special meeting.
Subd. 6. Nothing in this section shall be construed to limit the authority of the city
to enter private property in urgent emergency situations where there is an imminent
danger in order to protect the public health, safety and welfare.
104.03 ADMINISTRATIVE ENFORCEMENT OF CODE REGULATIONS.
Subd. 1. Purpose. The administrative enforcement procedures established within
this section are intended to provide the City of Shorewood with an informal,
cost - effective and more efficient alternative to criminal prosecution or civil litigation for
certain violations of the City Code. The city retains the right, at its sole discretion, to
enforce provisions of this code by bringing criminal charges or commencing civil
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litigation in any case where the city determines it is appropriate or necessary, but finds
that an administrative process is beneficial to the residents of the city and further finds
that that such a process is a legitimate and necessary alternative method of enforcing
code violations.
Subd.2. Procedure
a. Administrative notice. A Code Compliance Officer may issue,
either in person or by United States first class mail, an administrative notice to a person
suspected or known to have committed a code offense or to be the owner of property
upon which a code offense is being committed. The administrative notice shall identify
the code offense, the location upon which the code offense occurred or is occurring,
and the recommended corrective action for the code offense. The administrative notice
may also state that the alleged violator has, at the discretion of the Code Compliance
Officer, up to ten days after the issuance of the administrative notice to correct or abate
the code offense. If the alleged violator or owner of property upon which a code
offense is being committed is unable to correct or abate the code offense within the
prescribed time, that person may request in writing an extension of no more than 30
additional days from the City Council. Any extension granted by the City Council shall
be in writing and shall specifically state the date of expiration. If the code offense is not
corrected or abated within the prescribed time or any extension thereto, the Code
Compliance Officer may issue a citation, as provided below.
b. Citation. A Code Compliance Officer is authorized to issue a
citation upon the belief that a code offense has occurred, whether or not an
administrative notice has first been issued in regard to the code offense. The citation
shall be given to the person responsible for the violation or to the owner of the property
upon which the violation has occurred, either in person or by United States first class
mail. The citation shall state: i) the nature of the code offense; ii) the time and date
the code offense occurred; iii) the civil penalty applicable to that code offense; and, iv)
the manner for paying the civil penalty or requesting a hearing before a Hearing Officer
to contest the citation.
C. Responding to a citation /payment. The alleged violator or the
owner of the property upon which the violation has occurred shall, within ten days of
the issuance of the citation either request a hearing in writing according to the
procedure set forth in this section or, within 15 days of the issuance of the citation, pay
the civil penalty set forth in the citation. The civil penalty may be paid either in person
at City Hall, or by United States first class mail, postage prepaid and postmarked within
the prescribed 15 days. Payment of the civil penalty shall be deemed to be an
admission of the code Offense.
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Subd. 3. Appeal to Hearing Officer.
a. Requesting a hearing. Any person contesting a citation issued
pursuant to this section may, within ten days of the issuance of the citation, request a
hearing before a Hearing Officer. Any request for a hearing shall be made in writing on
a form provided by the city, shall be accompanied by the fee required in the City of
Shorewood Master Fee Schedule, and either delivered personally to the city at City
Hall or mailed to the city by United States first class mail, postage prepaid and
postmarked within the prescribed ten days. The hearing shall be held at City Hall
within 30 days of the date the city receives a timely hearing request. Failure to attend
the hearing constitutes a waiver of the violator's rights to an administrative hearing and
an admission of the violation. A Hearing Officer may waive this result upon good cause
shown. The Hearing Officer shall determine good cause, which shall not include
forgetfulness or intentional delay.
b. Hearing Officer. The City Council shall by resolution from time to
time appoint a list of persons authorized to act as a Hearing Officer. The Hearing
Officer is authorized to conduct an informal hearing to determine if a code offense has
occurred. The Hearing Officer shall have the authority to uphold or dismiss the citation
or reduce, stay or waive the civil penalty imposed upon such terms and conditions as
the Hearing Officer shall determine. The Hearing Officer's decision shall be made in
writing on a form provided by the city for such purpose. A copy of the Hearing Officer's
decision shall be served either in person or by United States first class mail upon the
person requesting the hearing. The Hearing Officer's decision is final, except for
appeal in limited cases to the City Council, as set forth below, or as allowed under state
law.
C. Conduct of hearing. At the hearing, the parties will have the
opportunity to present testimony, documents and exhibits and question witnesses. The
Hearing Officer shall tape record the proceedings and receive testimony and exhibits.
Strict rules of evidence will not apply. The Hearing Officer must receive and give
weight to evidence, including hearsay evidence that possesses probative value
commonly accepted by reasonable and prudent persons in the conduct of their affairs.
d. Outcome of hearing. If the Hearing Officer upholds the citation, the
appellant shall pay the cost of the Hearing Officer plus any civil penalties that result
from the citation. If the Hearing Officer dismisses the citation and waives the penalty,
the city shall pay the costs for the Hearing Officer and refund the application fee for the
appeal request.
Subd. 4. Appeal of Hearing Officer's decision
a. The Hearing Officer's decision shall be appealable to the City
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Council only for the following matters
(1) An alleged failure to obtain a required permit, license, or
other approval from the City Council as required by the City Code;
(2) An alleged violation of a permit, license, or other approval,
or the conditions attached to the permit, license or approval, that was issued by the City
Council; or
(3) An alleged violation of regulations governing a person or
entity who has received a license issued by the City Council.
b. An appeal to the City Council of the Hearing Officer's decision
must be made in writing on a form provided by the city and must be served on the City
Clerk either in person or by United States first class mail, postage prepaid, within ten
days of the Hearing Officer's decision.
C. The City Council will hear all timely appeals. The city will serve a
notice of hearing upon the appellant in person or by United States first class mail at
least ten days in advance of the date of the hearing. The parties to the hearing will
have an opportunity to present oral or written arguments regarding the Hearing
Officer's decision.
d. The City Council shall consider the record, the Hearing Officer's
decision, and any additional arguments before making a determination. The City
Council is not bound by the Hearing Officer's decision, but may adopt all or part of the
Hearing Officer's decision. The City Council's decision may be voted upon and given
at the hearing or may be given in writing within 30 days of the hearing.
e. The failure of the appellant to appear in front of the City Council or
participate in the appeal constitutes a waiver of the violator's right of appeal and an
admission of the violation. The Council may waive the result upon good cause shown.
The determination of a showing of good cause shown shall be made solely at the
discretion of the City Council but does not include forgetfulness and intentional delay.
Subd. 5. Failure to pay.
a. In the event a person charged with a code offense fails to pay the
civil penalty and correct or abate the code offense for which a citation was issued
within the prescribed time, a late charge of 15% shall be imposed thereon for each
seven days the civil penalty remains unpaid and the code offense remains uncorrected
or unabated beyond the due date.
b. An unpaid civil penalty and accrued late charges will constitute a
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personal obligation of the person(s) to whom the citation was issued and the city shall
have the right to collect such unpaid civil penalty and accrued late charges, together
with the city's costs and reasonable attorney's fees, in criminal or civil proceedings.
C. Pursuant to M.S. §§ 429.101, 514.67 and other applicable law, a
lien in the amount of the civil penalty and any accrued late charges may be assessed
against the property where the code offense occurred and collected in the same
manner as taxes. Any such assessment shall not preclude the city from issuing
additional citations for a continuing code offense, nor shall it preclude the city from
making additional assessments against the same property resulting from a continuing
or new code offense.
d. The city may suspend or revoke a license or permit or other
approval associated with the code offense if the civil penalty and accrued late charges
are not timely paid.
Subd. 6. Subsequent violations. If a second citation for a code offense is issued by
the city to the alleged violator or owner of the property upon which the violation has
occurred within 24 months of the issuance of a previous citation for the same code
offense, the civil penalty shall increase by 25% over the scheduled civil penalty
amount. If a third citation for a code offense is issued by the city to the alleged violator
or the owner of the property upon which the violation has occurred within 24 months of
the issuance of a previous citation for the same code offense, the civil penalty shall
increase by 50% over the scheduled civil penalty amount. If a fourth citation for a code
offense is issued by the city to the alleged violator or the owner of the property upon
which the violation has occurred within 24 months of the issuance of a previous citation
for the same code offense, the civil penalty shall increase by 100% over the scheduled
civil penalty amount.
(Ord. 458, passed 4 -27 -2009; Am. Ord. 551, passed - -2018)
CHAPTER 105
CITY OFFICERS AND EMPLOYEES
Section
105.01 City Clerk
105.02 City Treasurer
105.03 City Administrator
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105.04 Code of Ethics
105.05 Mayor and City Council
105.06 Employment background checks
105.01 CITY CLERK.
CLERK means the Clerk of the city duly appointed by the City Council pursuant
to M.S. §§ 412.541 and 412.581, as amended.
(1987 Code, § 105.01)
105.02 CITY TREASURER.
TREASURER means the Treasurer of the city duly appointed by the City Council
pursuant to M.S. §§ 412.541 and 412.581, as amended.
(1987 Code, § 105.02)
105.03 CITY ADMINISTRATOR.
CITY ADMINISTRATOR means the City Administrator duly appointed to and
holding the position of chief administrative officer of the city pursuant to authority
vested in the city by M.S., Chapter 412. This position may be combined with that of City
Clerk or City Treasurer.
(1987 Code, § 105.03)
105.04 CODE OF ETHICS.
Subd. 1. Purpose. The City Council confirms its determination that ethical
standards among its members as well as the members of the various commissions and
professional staff of the city are essential to the public affairs of the city. The standards
of conduct herein set forth are intended to serve as a guideline for the members of the
City Council, the commissioners and the professional staff in carrying out their duties.
By eliminating conflicts of interest and providing a guide for conduct in city matters, the
City Council hopes to promote the faith and confidence of the citizens of the city in their
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government and to encourage its citizens to serve on its Council and commissions
Subd. 2. Standards of conduct. No Council member, member of any board or
commission or professional staff member:
a. Shall use the position to secure special privileges or exemptions
for the person or others;
b. In any matter before the Council, board or commission, which
affects his or her financial interest or those of a business with which he or she is
associated, unless the effect on him or her is no greater than on other members of his
or her business classification, profession or occupation, shall fail to disclose for the
common good for the record the interest prior to any discussion or vote;
C. Shall act as an agent or attorney for another in any matter before
the City Council or any board or commission in which a conflict of interest exists or may
exist;
d. Shall directly or indirectly receive, or agree to receive, any
compensation, gift or reward or gratuity in any matter or proceeding connected with, or
related to, the duties of his or her office except as may be provided by law;
e. Shall enter into any contract with the city unless authorized by law.
Any Council member, member of a board or commission or professional staff member
who has a proprietary interest of 10% or more in an agency doing business with the city
shall make known that interest in writing to the City Council and the City
Administrator /Clerk.
Subd.3. Disclosures.
a. Real estate holdings. No later than 30 days after the effective date
hereof, or 30 days after taking the oath of office, whether elected or appointive, or 30
days after the acquisition or sale of any property or change in the statement as
originally filed, each Council member, member of a board or commission or
professional staff member shall file as a public record with the City Administrator /Clerk,
a list of all real property in the city owned by the person, his or her spouse or minor
child, or in which he or she has a beneficial interest, disclosing each individual item
held, and by whom, having an assessed valuation in excess of $10,000. Homestead
shall be excluded from the above disclosure.
b. Business positions.
(1) Each Council member, member of a board or commission
and professional staff member shall disclose all positions as officer, director, partner,
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proprietor or employee of any company, business enterprise or corporation,
partnership, labor union or association doing business with the city and indicate with
respect to each relationship whether services are gratuitous or for compensation.
(2) The disclosure information required herein shall be set forth
on a form which shall consist of the following information: 1) Affiliations in Agencies
Doing Business with the City of Shorewood - Name of Organization, Positions Held,
and Compensation Involved; 2) Real Property Owned in the City of Shorewood -
Property Item, Location, Assets; and any additional information as required. The
disclosure form shall be made available by the office of the City Administrator /Clerk and
upon completion thereof by a Council member, member of a board or commission or
professional staff member, shall be filed with the City Administrator /Clerk.
Subd. 4. Violation. Any person who shall violate any of the provision hereof shall
be guilty of a misdemeanor.
(1987 Code, § 105.04) (Ord. 92, passed 5 -9 -1977)
105.05 MAYOR AND CITY COUNCIL.
Commencing January 31, 2015, the annual salary of the Mayor of the city shall
be $5,000 and the annual salary of each member of the City Council shall be $3,900.
(Am. Ord. 408, passed 10 -11 -2004; Am. Ord. 511, passed 4 -14 -2014)
105.06 EMPLOYMENT BACKGROUND CHECKS.
Subd. 1. Purpose. The purpose and intent of this section is to establish regulations
that will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non - criminal purposes of employment background checks for
positions described in the Employee Handbook.
Subd. 2. Criminal history employment background investigations. The South Lake
Minnetonka Police Department is hereby required, as the exclusive entity within the
city, to do a criminal history background investigation on the applicants for the following
positions within the city, unless the city's hiring authority concludes that a background
investigation is not needed:
a. Employment positions:
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(1) All regular part -time employees, full -time employees, seasonal
employees, regular employees, and probationary employees as defined in the City of
Shorewood Employee Handbook and other positions that work with children or
vulnerable adults.
(2) In conducting the criminal history background investigation in order
to screen employment applicants, the Police Department is authorized to access data
maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal
History information system in accordance with BCA policy. Any data that is accessed
and acquired shall be maintained at the Police Department under the care and custody
of the chief law enforcement official or his or her designee. A summary of the results of
the Computerized Criminal History data may be released by the Police Department to
the hiring authority, including the City Council, the City Administrator, or other city staff
involved in the hiring process.
(3) Before the investigation is undertaken, the applicant must
authorize the Police Department by written consent to undertake the investigation. The
written consent must fully comply with the provisions of M.S. Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
M.S. § 364.09, the city will not reject an applicant for employment on the basis of the
applicant's prior conviction unless the crime is directly related to the position of
employment sought and the conviction is for a felony, gross misdemeanor, or
misdemeanor with a jail sentence. If the city rejects the applicant's request on this
basis, the city shall notify the applicant in writing of the following:
in M.S. § 364.06.
(a) The grounds and reasons for the denial.
(b) The applicant complaint and grievance procedure set forth
(c) The earliest date the applicant may reapply for employment.
(d) That all competent evidence of rehabilitation will be
considered upon reapplication.
(Ord. 480, passed 8 -22 -2011)
CHAPTER 106
BIENNIAL ELECTIONS
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Section
1111411MIXTIn, 1[aCmffi1m
106.01 BIENNIAL ELECTIONS.
Subd. 1. Date of election. The regular city election will be held biennially on the
first Tuesday after the first Monday in November in even - numbered years.
Subd. 2. Election of Mayor and Council members. The City Council is comprised
of a Mayor and four Council members. All Council members shall be elected at- large.
Two Council members shall be elected for four -year terms at each biennial election.
The Mayor shall be elected for a four -year term beginning with the 2016 Biennial
Election. The terms of elective officers shall commence on the first business day of
January following the election at which the officer was elected.
Subd. 3. Adoption of Minnesota Statutes and Rules by Reference. The provisions
of M.S. Chapters 200 -212, and Minn. Rules Chapters 8200 -8255, as they may be
amended from time to time, are hereby adopted by reference and made part of this
chapter as if set out in full.
(Ord. 384, passed 4 -30 -2002; Am. Ord. 449, passed 6 -9 -2008; Am. Ord. 465, passed
4 -26 -2010; Am. Ord. 512, passed 4 -28 -2014)
CHAPTER 107
ANNUAL AUDIT
Section
107.01 Annual audit required
107.01 ANNUAL AUDIT REQUIRED.
Pursuant to M.S. § 412.591, there shall be an audit each year of the city's
financial affairs by the State Auditor or a public accountant in accordance with minimum
audit procedures prescribed by the State Auditor.
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(1987 Code, § 107.01) (Ord. 45, passed 8 -9 -1965)
CHAPTER 108
[RESERVED]
CHAPTER 109
HARBOR LIMITS
Section
109.01 Harbor limits established
109.02 Jurisdictional limit
109.03 Lake Minnetonka Conservation District Code
109.01 HARBOR LIMITS ESTABLISHED.
The geographical and jurisdictional limits of the city in, on and over navigable
waters in or adjacent to the city shall extend to the harbor limits of any adjoining
municipality or other governmental unit.
Subd. 1. Primary harbor limit. The area within 300 feet of the water line on the
shore of any lake or other body of water in or adjacent to the city shall be known as the
"primary harbor limit."
Subd. 2. Secondary harbor limit. The area extending from 300 feet of the water line
on the shore of any lake or other body of water in or adjacent to the city and to the
harbor limits of any adjoining municipality or other governmental unit shall be known as
the "secondary harbor limit."
Subd. 3. Emergency harbor limit. Emergency slow -no -wake areas may be
declared by the Mayor and ratified by the City Council at its next available meeting and
shall be marked in accordance with the appropriate regulations of the Minnesota
Department of Natural Resources and posted at all public accesses. "Emergency
harbor limit" may include the primary harbor limit, the secondary harbor limit or the
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entire lake or water body, as determined necessary by the City Council
a. Special slow -no -wake restrictions - Christmas Lake. All persons
shall operate watercraft at a slow -no -wake speed on Christmas Lake whenever the
water elevation reaches the point at which water flows over the western edge of the
weir located at the northerly outlet from Christmas Lake. The slow -no -wake restriction
shall remain in place until the water has been 0.1 feet below the western edge of the
aforementioned weir for three consecutive days, or 30 days from the enactment of the
restriction, whichever comes first. The restrictions may be extended upon approval by
the Minnesota Department of Natural Resources. Upon the placement of a
slow -no -wake restriction, notice will be given:
(1) On a sign posted at the public access;
(2) On the City of Shorewood web page;
(3) On the community cable access channel;
(4) In an e-mail format to known representatives on Christmas
Lake;
(5) To the Hennepin County Sheriffs Department;
(6) To the South Lake Minnetonka Police Department;
(7) To the City of Chanhassen; and
(8) To the public by other appropriate means determined by the
City Council
b. Watercraft utilized by resource management, emergency and
enforcement personnel, when acting in the performance of their assigned duties, shall
be exempt from the provisions of this section.
(1987 Code, § 109.01) (Am. Ord. 514, passed 6 -23 -2014)
109.02 JURISDICTIONAL LIMIT.
The harbor limits of this city shall be deemed not to extend beyond a point half
way between the shores of the body of water over which this city has jurisdiction and
the shores of the body of water located in another city or governmental unit.
(1987 Code, § 109.02) (Ord. 12, passed 8 -14 -1956)
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109.03 LAKE MINNETONKA CONSERVATION DISTRICT CODE.
The Lake Minnetonka Conservation District Code of Ordinances (hereinafter
referred to as LMCD Code) is hereby incorporated by reference. Where the Shorewood
City Code imposes more stringent regulations than state laws, rules or regulations, or
more stringent regulations than those set out in the LMCD Code, it is the intent of the
City Council that the provisions of the Shorewood City Code prevail to the extent
permitted by law. Those regulations established in the most recently amended LMCD
Code shall control.
(1987 Code, § 109.03)
CHAPTER 110
DOMESTIC PARTNERSHIP REGISTRY
Section
110.01 Purpose
110.02 Definitions
110.03 Registration of domestic partnerships
110.04 Amendments to domestic partnership registration
110.05 Termination of domestic partnership
110.06 Fees
110.01 PURPOSE.
Subd. 1. The City of Shorewood authorizes and establishes a voluntary program
for the registration of domestic partnerships. The domestic partnership registry is a
means by which unmarried, committed couples who reside in Shorewood and who
share a life and home together may document their relationship, thus enabling the
registered couple access to employment benefits, hospital or health care visitation, and
other such voluntary benefits.
Subd. 2. The adoption of this chapter does not amend, create, or establish rights,
privileges, or responsibilities that are available to married couples under state or
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federal law.
(Ord. 486, passed 11 -14 -2011)
110.02 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
DOMESTIC PARTNER. Any two adults meeting all of the following:
a. Are not related by blood closer than permitted under marriage laws
of the State of Minnesota.
b. Are not married.
C. Are competent to enter a contract.
d. Are jointly responsible to each other for the necessities of life.
e. Are committed to one another to the same extent as married
persons are to each other.
f. Do not have any other domestic partner(s).
g. Are both at least 18 years of age.
h. Reside in the City of Shorewood.
DOMESTIC PARTNERSHIP. Includes, upon production of a valid
government- issued documentation, the following:
a. Any persons currently registered as domestic partners with a
governmental body pursuant to state, local, or other law authorizing such registrations,
or
b. Marriages that would be legally recognized as a contract of lawful
marriage in another local, state, or foreign jurisdiction, but for the operation of
Minnesota law such as a same sex marriage in states that recognize and /or authorize
them by law.
(Ord. 486, passed 11 -14 -2011)
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110.03 REGISTRATION OF DOMESTIC PARTNERSHIPS.
Subd. 1. The City Clerk shall make available upon request, a city application for
the registration of a domestic partnership.
Subd. 2. The City Clerk shall accept an application to register as domestic partners
from persons who state in the application they meet the definition of domestic partner
as set out in § 110.02, subd. 1.
Subd. 3. The City Clerk shall provide each domestic partner, following submission
of the application and upon payment of all required fees, a registration certificate that
may be used as evidence of the existence of a domestic partner relationship.
Subd. 4. The City Clerk shall keep a record of each domestic partner certification
as well as amendments thereto and termination thereof. Records pertaining to the
registration shall be maintained in accordance with the provisions of the Minnesota
Government Data Practice Act. Such certificates may be used as evidence of the
existence or termination of a domestic partnership.
(Ord. 486, passed 11 -14 -2011)
110.04 AMENDMENTS TO DOMESTIC PARTNERSHIP REGISTRATION.
The City Clerk will accept amendments for filing from persons who have
domestic partnership registrations on file with the city, except for amendments that
change the identity of the partners, unless said amendment is accompanied by
documentation from the district court approving a legal name change.
(Ord. 486, passed 11 -14 -2011)
110.05 TERMINATION OF DOMESTIC PARTNERSHIP.
The domestic partnership registration shall terminate when the earlier of the
following occurs:
Subd. 1. One of the partners dies; or
Subd. 2. Forty -five days after one partner: a) sends the other partner written
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notice, on a form provided by the city, that he or she is terminating the partnership; and
b) files the notice of termination with an affidavit of service of the notice on the other
person, with the City Clerk. The City Clerk shall send notice to the other partner that
the partnership registry has been terminated.
(Ord. 486, passed 11 -14 -2011)
110.06 FEES.
The fee to apply, amend, terminate, or obtain certified copies of the registration
are established in accordance with Chapter 1301 of the Shorewood City Code.
(Ord. 486, passed 11 -14 -2011)
Subject
Chapter
Planning Commission
201
Park Commission
202
[Reserved]
203
Discriminatory Practices
204
[Reserved]
205
CHAPTER 201
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PLANNING COMMISSION
Section
201.01
Establishment
201.02
Composition
201.03
Members of Commission
201.04
Organization
201.05
Attendance
201.06
Staff for the Commission
201.07
Powers and duties
201.08
Amendments
201.01 ESTABLISHMENT.
The Planning Commission is hereby established. The Planning Commission
shall be the city planning agency authorized by M.S. § 462.354, Subd. 1, as it may be
amended from time to time. Except as otherwise provided in this chapter, the Planning
Commission shall be advisory to the City Council.
(1987 Code, § 201.01) (Am. Ord. 466, passed 4 -26 -2010)
201.02 COMPOSITION.
The Planning Commission shall consist of five members, who are current
residents of Shorewood, appointed by the City Council. It shall be the policy of the city
to endeavor to appoint one of the Commission members who is a resident of Enchanted
Island or Shady Island.
(1987 Code, § 201.02) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999;
Am. Ord. 466, passed 4 -26 -2010; Am. Ord. 509, passed 2 -24 -2014)
201.03 MEMBERS OF COMMISSION.
Subd. 1. Term of appointment. The City Council shall by resolution appoint the
Planning Commissioners to serve three -year terms, unless authorized by the Council,
and the terms shall be staggered. All appointments shall be made by resolution. Terms
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of appointment commence on March 1 and terminate on the last day of February, or
until the vacancy is filled.
Subd. 2. Liaisons. The City Council shall designate one of its members as its
liaison to meet with the Planning Commission, and it shall direct the Planning
Commission to designate one member of its body as a liaison to meet with the City
Council, and one member from time to time as a liaison to meet with the Park
Commission as needed.
Subd. 3. Removals. The City Council shall have the power to remove any member
of the Planning Commission.
Subd. 4. Vacancies. Vacancies in the Planning Commission shall be filled for the
unexpired term of the member whose place has become vacant in the manner herein
provided for the appointment of members.
Subd. 5. City policies. Except where indicated, the Shorewood Personnel Policy
Manual shall not apply to Commission members.
(1987 Code, § 201.03) (Ord. 336, passed 5 -26 -1998; Ord. 348, passed 1 -11 -1999;
Am. Ord. 406, passed 9 -13 -2004; Am. Ord. 466, passed 4 -26 -2010; Am. Ord. 469,
passed 6 -14 -2010; Am. Ord. 509, passed 2 -24 -2014)
201.04 ORGANIZATION.
Subd. 1. Officers. The Chairperson and Vice - Chairperson shall be appointed
annually by the members of the Planning Commission.
Subd. 2. Term. The term of the Chairperson and Vice - Chairperson shall be for
one year.
Subd. 3. Meetings and hearings. All meetings of the Planning Commission shall
be held at a regularly scheduled date or at the call of the chair or at the request of a
majority of the members of the Commission, in accordance with Minnesota Open
Meeting Laws.
Subd. 4. Minutes and records. The Planning Commission shall keep minutes of its
proceedings, showing the vote of each member upon every question, or if absent or
failing to vote indicating the fact, and shall also keep records of its hearings and other
official actions. Every requirement, decision or determination of the Planning
Commission shall be filed with the City Council and shall be a public record.
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Subd. 5. Rules and procedure. The Planning Commission shall conduct its
meetings consistent with Robert's Rules of Order and other procedures consistent with
the statutes of the State of Minnesota or with this chapter.
Subd. 6. Quorum. No business shall be conducted by the Planning Commission
without a quorum, consisting of the majority of all members. The concurring vote of the
majority of all members present shall be necessary to any action by the Planning
Commission.
(1987 Code, § 201.04) (Ord. 77, passed 9 -24 -1973; Am. Ord. 407, passed 9 -27 -2004;
Am. Ord. 435, passed 3 -12 -2007; Am. Ord. 466, passed 4 -26 -2010)
201.05 ATTENDANCE.
Duly appointed members of the Planning Commission shall be required to attend
no less than half the official meetings of the Planning Commission held within a given
calendar year. Failure to attend no less than half of the official meetings within a given
calendar year shall be considered as formal notice of resignation from the Planning
Commission. In addition, failure to attend four consecutive regular meetings without
excuse of the Chair of the Planning Commission, shall be considered as formal notice
of resignation from the Planning Commission.
(Ord. 466, passed 4 -26 -2010)
201.06 STAFF FOR THE COMMISSION.
The Planning Director shall act as primary staff for the Planning Commission and
shall attend Commission meetings. Other city staff and the City Attorney may act as
staff for the Planning Commission as may be required. City staff may provide the
Commission with information as requested by the Commission. The City Clerk or the
City Clerk's designee may perform secretarial duties for the Commission, such as the
keeping of minutes, and is responsible for the keeping of records.
(Ord. 466, passed 4 -26 -2010)
201.07 POWERS AND DUTIES.
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Subd. 1. Generally. The Planning Commission shall have the powers and duties
given to city planning agencies generally by law, including the authority to conduct
public hearings as directed by City Council or city policy. The Planning Commission
also shall exercise the duties conferred upon it by this chapter.
Subd. 2. Comprehensive Plan. It shall be the purpose of the Planning Commission
to prepare and adopt a comprehensive plan for the physical development of the city,
including proposed public buildings, street arrangements and improvements, efficient
design of major thoroughfares for moving of traffic, parking facilities, public utilities
services, parks and playgrounds, a general land use plan and other matters relating to
the physical development of the city. This plan may be prepared in sections, each of
which shall relate to a comprehensive plan program. After the City Council has
adopted the Comprehensive Plan, the Planning Commission may periodically, but at
least every five years, review the Comprehensive Plan and any ordinances or programs
implementing the plan.
Subd. 3. Means of executing plan. Upon the adoption of a comprehensive plan or
any section thereof, it shall be the concern of the Planning Commission to recommend
to the City Council reasonable and practical means for putting into effect the plan or
section thereof, in order that it will serve as a pattern and guide for the orderly physical
development of the city. Means of effectuating the plan, among other things, shall
consist of a zoning ordinance, subdivision regulations, capital improvement
programming and technical review, and recommendations of matters referred to the
Planning Commission by the City Council.
Subd. 4. Zoning ordinance. Pursuant to M.S. § 462.357, Subd. 3, as it may be
amended from time to time, after adoption of a comprehensive plan, the Planning
Commission shall review all proposed amendments to the zoning ordinance, conduct
public hearings as directed by City Council or city policy, and make recommendations
to the City Council concerning zoning ordinance amendments and their relation to the
Comprehensive Plan and other land use controls. The Planning Commission shall
report its recommendations to the City Council for action.
Subd. 5. Conditional use permits. The Planning Commission shall make
recommendations on all requests for a conditional use permit under the terms of the
zoning ordinance, and conduct public hearings as directed by City Council or city
policy. The Planning Commission shall report its recommendations to the City Council
for action.
Subd. 6. Interim use permits. The Planning Commission shall make
recommendations on all requests for an interim use permit under the terms of the
zoning ordinance, and conduct public hearings as directed by City Council or city
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policy. The Planning Commission shall report its recommendations to the City Council
for action.
Subd. 7. Subdivision regulations. The Planning Commission shall make
recommendations about the subdividing of land as prescribed by the ordinance and
conduct public hearings as directed by City Council or city policy. The Planning
Commission shall report its recommendations to the City Council for action.
Subd. 8. Zoning variances. All applications for variances shall be referred to the
Planning Commission, and forwarded with or without recommendations directly to the
City Council. The City Council shall have the powers of a board of appeals and
adjustments, as provided for in M.S. § 462.357, Subd. 6, as it may be amended from
time to time, for its decision.
Subd. 9. Appeals to interpretation of zoning code provisions or denials of zoning or
building permits based on the zoning code. In cases where it is alleged that there is an
error in any order, requirement, decision or determination by an administrative officer in
the enforcement of the zoning code, appeals shall be referred to the Planning
Commission, and forwarded with its recommendations directly to the City Council. The
City Council shall have the powers of a Board of Appeals and Adjustments, as provided
for in M.S. § 462.359, Subd. 4, as it may be amended from time to time, for its decision.
Subd. 10. Capital improvements. Pursuant to M.S. § 462.356, Subd. 2, as it may be
amended from time to time, after adoption of a comprehensive plan, the Planning
Commission shall review all proposed capital improvements within the city by the
municipality, or any special district or any agency thereof, or any other political
subdivision having jurisdiction within the municipality, and make findings as to the
compliance of the proposed capital improvement with the Comprehensive Plan. The
City Council may, by resolution adopted by two - thirds vote, dispense with the
requirements of this section when in its judgment it finds that the proposed capital
improvement has no relationship to the Comprehensive Plan.
Subd. 11. Purchase and sale of real property. Pursuant to M.S. 462.356, Subd. 2,
as it may be amended from time to time, after adoption of a comprehensive plan, the
Planning Commission shall review all proposed acquisitions or disposals of publically
owned interests in real property within the city by the municipality, or any special
district or any agency thereof, or any other political subdivision having jurisdiction
within the municipality, and make findings as to the compliance of the proposed
acquisition or disposal of real property with the Comprehensive Plan. The City Council
may, by resolution adopted by two - thirds vote, dispense with the requirements of this
section when in its judgment it finds that the proposed acquisition or disposal of real
property has no relationship to the Comprehensive Plan.
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Subd. 12. Comprehensive Plan amendments. Pursuant to M.S.§ 462.355, Subds. 2,
3, as they may be amended from time to time, after adoption of a comprehensive plan,
the Planning Commission shall review all proposed amendments to the Comprehensive
Plan, hold at least one public hearing, and make recommendations to the City Council
relative to the amendments and their relation to the Comprehensive Plan and other
land use controls. The Planning Commission shall report its recommendations to the
City Council for action.
(1987 Code, § 201.04) (Am. Ord. 466, passed 4 -26 -2010)
201.08 AMENDMENTS.
This chapter shall be amended only upon approval of a majority vote of the
entire City Council.
(1987 Code, § 201.05) (Ord. 315, passed 11 -25 -1996; Am. Ord. 466, passed
4 -26 -2010)
CHAPTER 202
PARK COMMISSION
Section
202.01 Purpose
202.02 Commission created, membership, term of office
202.03 Organization
202.04 Powers and duties
202.05 Amendments
202.01 PURPOSE.
The city does now operate and maintain public parks for the benefit and
pleasure of its citizens, and the city has in the past expended monies for capital
improvements and maintenance of these parks. It is the desire of the city to establish a
Park Commission for the city as an advisory body to the City Council, to aid that
Council in the expenditure of monies so that the greatest benefit may be obtained from
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the use and maintenance of the parks.
(1987 Code, § 202.01) (Ord. 84, passed 6 -23 -1975; Am. Ord. 468, passed 5 -24 -2010)
202.02 COMMISSION CREATED, MEMBERSHIP, TERM OF OFFICE.
A Shorewood Park Commission is created which will serve as an advisory body
to the City Council.
Subd. 1. Membership in the Commission.
a. Membership shall consist of five residents of the city appointed by
the City Council. Terms of all members shall be for three years, unless otherwise
authorized by Council, and the terms shall be staggered. All appointments shall be
made by resolution. Terms of appointment commence on March 1 and terminate on the
last day of February, or until the vacancy is filled.
b. Exception: those appointments made in January 1999 shall be
effective immediately upon passage of the appointment resolution.
C. The City Council shall designate one of its members as its liaison
to meet with the Park Commission, and it shall direct the Park Commission to designate
one member of its body as a liaison person to meet with the Planning Commission.
Subd. 2. Removals. The City Council shall have the power to remove any member
of the Park Commission.
Subd. 3. Attendance. Duly appointed members of the Park Commission shall be
required to attend no less than one half (six meetings a year) of the official meetings in
a given year. Failure to attend the requisite number of meetings shall be considered
resignation from the Park Commission.
Subd. 4. City policies. Except where indicated, the Shorewood Personnel Policy
Manual shall not apply to Commission members.
(1987 Code, § 202.02) (Ord. 84, passed 6 -23 -1975; Ord. 264, passed 1 -11 -1993; Ord.
278, passed 8 -23 -1993; Ord. 317, passed 12 -4 -1996; Ord. 349, passed 1 -25 -1999; Am.
Ord. 406, passed 9 -13 -2004; Am. Ord. 468, passed 5 -24 -2010; Am. Ord. 469, passed
6 -14 -2010; Am. Ord. 510, passed 2 -24 -2014)
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202.03 ORGANIZATION.
Subd. 1. Officers. The Chair and Vice -Chair of the Park Commission shall be
selected by the members of the Commission, and those persons shall serve in their
respective positions for a period of one year. The Park Commission may appoint a
Secretary from among its members.
Subd. 2. Meetings. The Park Commission shall meet at least monthly, and all
meetings shall be open to the public.
Subd. 3. Rules of order and business. The Park Commission shall adopt rules and
regulations governing the conduct of its meetings. A majority of its membership shall
be required to conduct official business.
Subd. 4. Minutes and records. The Park Commission shall keep minutes of its
proceedings, showing the vote of each member upon every question, or if absent or
failing to vote indicating the fact, and shall also keep records of its hearings and other
official actions. Every requirement, decision, or determination of the Park Commission
shall be filed with the City Council and shall be a public record.
(1987 Code, § 202.03) (Ord. 84, passed 6 -23 -1975; Ord. 102, passed 8 -14 -1978; Ord.
317, passed 12 -4 -1996; Am. Ord. 407, passed 9 -27 -2004; Am. Ord. 468, passed
5 -24 -2010)
202.04 POWERS AND DUTIES.
The Commission is designated the following responsibilities:
Subd. 1. Consider, review, report and advise on all matters which the Council may
refer to the Commission;
Subd. 2. Plan, on a long -term basis, for the future park and recreational needs of
the city and recommend to the Council a feasible means of financing the long -term
requirements;
Subd. 3. Recommend to the Council operating policies and procedures for use of
existing parks;
Subd. 4. On or before July 15 of each year, develop and refer to the Council a
recommended operational and capital improvement budget for parks for the ensuing
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year;
Subd. 5. Submit to the Planning Commission comments on any proposed
subdivisions, as the same may or may not affect the city's park and playground
requirements.
(1987 Code, § 202.03) (Ord. 84, passed 6 -23 -1975; Am. Ord. 468, passed 5 -24 -2010)
202.05 AMENDMENTS.
This chapter shall be amended only upon approval of a majority vote of the
entire City Council.
(Ord. 468, passed 5 -24 -2010)
CHAPTER 203
[RESERVED]
CHAPTER 204
DISCRIMINATORY PRACTICES
Section
204.01
Policy of city, purpose
204.02
Definitions
204.03
Unlawful discriminatory practices
204.04
Contracts with the city
204.05
Application to city officers and employees
204.06
Violation
204.01 POLICY OF CITY, PURPOSE.
Subd. 1. It is the public policy of the city to assure for all persons freedom from
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discrimination because of race, color, creed, religion, ancestry, national origin, sex or
age with respect to employment, housing, property rights, education, public services
and accommodations, which discrimination threatens the rights, privileges,
opportunities and freedom of all persons and menaces the institutions and foundations
of democracy.
Subd. 2. To effectuate this policy, the city has heretofore on January 13, 1969
established a Human Relations Commission, the purpose of which is to secure all
citizens equal opportunity, housing, public services and education and to assist this city
to implement the Minnesota State Act against discrimination, being M.S. Chapter 363.
(1987 Code, § 204.01)
204.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
DISCRIMINATION. Any act or attempted act which, because of race, color,
creed, religion, ancestry, national origin, sex or age results in unequal treatment,
separation or segregation of any person or denies, prevents, limits or otherwise
adversely affects or, if accomplished would deny, prevent, limit or adversely affect the
benefit or enjoyment of any person of employment, ownership or occupancy of real
property, a public accommodation, a public service or an educational institution.
EMPLOYEE. Includes any person, individual or corporation or association of
individuals who, within the city, hires or employs any employee whose services are
partially or wholly performed in the city. But the term employer shall not include:
a. Any person with respect to the hiring or employment of a
household domestic servant; or
b. Any religious corporation or society with respect to hiring of
individuals of a particular religion or sex when religion or sex shall be a bona fide
occupational qualification for employment, provided the selection is not based on race,
color, ancestry or national origin.
HIRE. To employ, engage or contract for or attempt to do so.
PUBLIC ACCOMMODATIONS. Includes facilities and places of business within
the city generally engaged in the provision of services or goods to the public, including,
without limitation, hotels, restaurants, barber shops, beauty shops, lending
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organizations, insurance companies, financial institutions, clinics and rest homes
REAL ESTATE BROKER, REAL ESTATE SALESPERSON. Being a person as
defined by M.S. § 82.17 and shall include any bank, trust company, building and loan
association, investment advisor, attorney or other agent.
REAL PROPERTY. Any right, title or interest in or to any parcel of land and any
building situated thereon in the city except the rental by an owner or his or her agent of
a one - family accommodation in which accommodation the owner continues to reside or
a room or rooms in the accommodation rented to another person or persons.
(1987 Code, § 204.02)
204.03 UNLAWFUL DISCRIMINATORY PRACTICES.
Without limitation, the following are declared to be discriminatory, unfair and
unlawful and are prohibited:
Subd. 1. Employers. For an employer, because of race, color, creed, religion,
ancestry, national origin, sex or age, to hire or fail to refuse to hire, to discharge an
employee or to accord adverse or unequal treatment to any person or employee with
respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading,
compensation, layoff, discharge or any term or condition of employment;
Subd. 2. Employment agencies. For an employment agency, because of race,
color, creed, religion, ancestry, national origin, sex or age, to accord adverse or
unequal treatment to any person in connection with any application for any employment
or any referral or request for assistance in procurement of employees or to accept any
listing of employment with the condition or conditions;
Subd. 3. Labor organizations. For any labor organization, because of race, color,
creed, religion, ancestry, national origin, sex or age, to deny full and equal membership
rights to an applicant for membership or to a member; to expel, suspend or otherwise
discipline a member; or to accord adverse or unequal treatment to any person with
respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading,
layoff or any term or condition of employment;
Subd. 4. Real estate dealings. For any person having any interest in real property
and any real estate broker or real estate agent, because of race, color, creed, religion,
ancestry, national origin, sex or age, to fail or refuse to sell, rent, assign or otherwise
transfer any real property to any other person or to accord adverse or unequal
treatment to any person with respect to the acquisition, occupancy, use and enjoyment
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of any real property
Subd. 5. Public accommodations. For any person engaged in the provision of
public accommodations, because of race, color, creed, religion, ancestry, national
origin, sex or age, to fail or refuse to provide to any person access to the use and
benefit of the services and facilities of the public accommodations; or to accord adverse
or unequal treatment to any person with respect to the availability of the services and
facilities, or the price of other consideration therefor, the scope and quality thereof, or
the terms and conditions under which the same are made available, including terms
and conditions relating to credit, warrants, delivery, installation and repair;
Subd. 6. Public services. For any person engaged in the provision of public
services, by reason of race, color, creed, religion, ancestry, national origin, sex or age,
to fail or refuse to provide to any person access to the use and benefit thereof or to
provide adverse or unequal treatment to any person in connection therewith;
Subd. 7. Financial dealings. For any person, bank or other financial institution to
whom application is made for financial or other assistance for the purchase,
improvement, lease, construction, rehabilitation, repair or maintenance of any real
property, to deny the application or withhold the extension, modification or renewal of
any existing loan or to impose rates, terms or conditions different from the usual in
extending financial assistance because of discrimination against the applicant or
because of any intended use by the applicant or any of the applicants, lessees, tenants
or assigns;
Subd. 8. Encouraging or aiding in discrimination. For any person to conceal, or
attempt to conceal, any unlawful discrimination or to aid, abet, order, compel, induce or
attempt to induce another person to discriminate in any manner or to encourage or
facilitate discrimination or to threaten, hinder or engage in any action against any
person who may proceed or desire to proceed to enforce any part of this chapter by
filing a complaint or testifying or assisting in the investigation and enforcement thereof.
(1987 Code, § 204.03) (Ord. 62, passed 7 -17 -1971) Penalty, see § 104.01
204.04 CONTRACTS WITH THE CITY.
Subd. 1. In any contract by or with the city, including any of its contracting
agencies, departments and agents, there shall be included at least the following
provisions which shall bind the other contracting party:
a. That with respect to any and all action taken or acts performed
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pursuant to the contract, the other contracting party shall be deemed to be an employer
within the meaning of this chapter and shall be subject to the provisions hereof;
b. That in the event the other contracting party fails to perform the
aforesaid contractual provisions, the contract may forthwith be terminated and canceled
in whole or in part by the city and the other contracting party shall be liable for any
costs or expenses incurred by the city in obtaining from other sources the work and
services to be rendered or performed or the goods or properties to be furnished or
delivered to the city under the contract so terminated or canceled;
C. That should the city in a proceeding brought as hereinafter
provided find that the contracting party has engaged in discrimination in connection
with any contract and if the contract remains unfinished, the city shall withhold up to
10% of the contract price until the time as the city's order has been complied with or the
other contracting party has been adjudicated not guilty of discrimination. If the contract
has been completed, the city shall enter into no further contracts with the contracting
party until the time as the city's findings and recommendations have been complied
with or otherwise satisfied;
d. That the other contracting party will permit access to any and all
records pertaining to the hiring and employment and to other pertinent data and
records for the purpose of enabling the city, the Commission, its agencies or
representatives, to ascertain compliance with the provisions of this chapter applicable
to the other contracting party.
Subd. 2. This section shall be binding on all subcontractors and suppliers.
(1987 Code, § 204.04)
204.05 APPLICATION TO CITY OFFICERS AND EMPLOYEES.
All officials, commissioners, agents, employees and servants of the city, elected
or appointed, whether serving with or without compensation, shall observe the terms
and conditions of this chapter.
(1987 Code, § 204.05)
204.06 VIOLATION.
Any person who violates any provision of this chapter or commits any unfair
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discriminatory act as set forth in this chapter or attempts, abets, incites, compels or
coerces another to do so, shall be guilty of a misdemeanor.
(1987 Code, § 204.06) (Ord. 62, passed 7 -17 -1971)
CHAPTER 205
[RESERVED]
Subject
Chapter
Gambling and Raffles
301
Sale of Tobacco
302
License Background Checks for Applicants of City
Licenses
303
Boat Docks and Boat Storage Facilities
304
Tree Trimmers
305
Controlled Substances
306
[Reserved]
307
Transient Merchants, Solicitors, Peddlers, Canvassers
and Garage Sales
308
Adult Use Establishments
309
Lawn Fertilizer Application Control
310
Therapeutic Massage Licensing
311
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Subject
Chapter
Fireworks Dealer's License Fees and Sale of Permitted
Consumer Fireworks
312
CHAPTER 301
GAMBLING AND RAFFLES
Section
301.01 Purpose
301.02 Adoption of state law by reference
301.03 City may be more restrictive than state law
301.04 Definitions
301.05 Applicability
301.06 Lawful gambling permitted
301.07 Council approval
301.08 Application and local approval of premises permits
301.09 Local acknowledgment of exempt permits
301.10 License and premises permit display
301.11 Notification of material changes to application
301.12 Local gambling tax
301.13 Penalty
301.01 PURPOSE.
The purpose of this chapter is to regulate and control the conduct of certain
gambling activities pursuant to the provisions of M.S. Chapter 349.
(1987 Code, § 301.01) (Ord. 482, passed 9 -26 -2011)
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301.02 ADOPTION OF STATE LAW BY REFERENCE.
The provisions of M.S. Chapter 349, as they may be amended from time to time,
with reference to the definition of terms, conditions of operation, provisions relating to
sales, and all other matters pertaining to lawful gambling, are hereby adopted by
reference and are made a part of this chapter as if set out in full. It is the intention of
the Council that all future amendments of M.S. Chapter 349 are hereby adopted by
reference or referenced as if they had been in existence at the time this chapter was
adopted.
(Ord. 482, passed 9 -26 -2011)
301.03 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
The Council is authorized by the provisions of M.S. § 349.213, as it may be
amended from time to time, to impose, and has imposed in this chapter, additional
restrictions on gambling within its limits beyond those contained in M.S. Chapter 349,
as it may be amended from time to time.
(Ord. 482, passed 9 -26 -2011)
301.04 DEFINITIONS.
In addition to the definitions contained in M.S. § 349.12, as it may be amended
from time to time, the following terms are defined for purposes of this chapter:
BOARD. The State of Minnesota Gambling Control Board.
CITY. The City of Shorewood, Minnesota.
COUNCIL. The City Council of Shorewood, Minnesota.
EXEMPT PERMIT. A permit acknowledged by the city.
LICENSED ORGANIZATION. An organization licensed by the Board.
TRADEAREA. The City of Shorewood, Minnesota and each city and township
contiguous to this city.
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(Ord. 482, passed 9 -26 -2011)
301.05 APPLICABILITY.
This chapter shall be construed to regulate all forms of lawful gambling within
the city except:
Subd. 1. Bingo conducted within a nursing home or a senior citizen housing project
or by a senior citizen organization if: the prizes for a single bingo game do not exceed
$10; total prizes awarded at a single bingo occasion do not exceed $200; no more than
two bingo occasions are held by the organization or at the facility each week; only
members of the organization or residents of the nursing home or housing project are
allowed to play in a bingo game; no compensation is paid for any persons who conduct
the bingo; and a manager is appointed to supervise the bingo.
Subd. 2. Raffles, if the value of all prizes awarded by the organization in a
calendar year does not exceed $1,500.
(Ord. 482, passed 9 -26 -2011)
301.06 LAWFUL GAMBLING PERMITTED.
Lawful gambling is permitted within the city provided it is conducted in
accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from
time to time; M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to
time, and this chapter.
(Ord. 482, passed 9 -26 -2011)
301.07 COUNCIL APPROVAL.
Lawful gambling authorized by M.S. §§ 349.11 to 349.23, inclusive, as they may
be amended from time to time, shall not be conducted unless approved by the city,
subject to the provisions of this chapter and state law.
(Ord. 482, passed 9- 26 -11) Penalty, see § 301.13
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301.08 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS.
Subd. 1. Any organization seeking to obtain a new premises permit from the Board
shall file with the City Administrator /Clerk an executed, complete duplicate application
together with all exhibits and documents accompanying the application as filed with the
Board. The application and accompanying exhibits and documents shall be filed not
later than three days after they have been filed with the Board.
Subd. 2. Upon receipt of an application for issuance of a premises permit, the City
Administrator /Clerk shall transmit the application to the Police Department for review
and recommendation.
Subd. 3. The Police Department shall investigate the matter and make a review
and recommendation to the City Council as soon as possible, but in no event later than
45 days following receipt of the notification by the city.
Subd. 4. Organizations applying for a state - issued premises permit shall pay the
city an investigation fee as provided in § 1301.02 of this code. This fee shall be
refunded if the application is withdrawn before the investigation is commenced.
Subd. 5. The Council shall, by resolution, approve or disapprove the application
within 60 days of receipt of the application.
Subd. 6. The Council shall disapprove an application for issuance of a premises
permit for any of the following reasons:
a. Violation by the gambling organization of any state statute, state rule or
city ordinance relating to gambling within the last three years.
b. Violation by the on -sale establishment or organization leasing its
premises for gambling of any state statute, state rule or city ordinance relating to the
operation of the establishment, including, but not limited to, laws relating to alcoholic
beverages, gambling, controlled substances, suppression of vice, and protection of
public safety within the last three years.
Otherwise the Council shall pass a resolution approving the application
(Ord. 482, passed 9 -26 -2011)
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301.09 LOCAL ACKNOWLEDGMENT OF EXEMPT PERMITS.
Subd. 1. No organization shall conduct lawful gambling excluded or exempted from
state licensure requirements by M.S. § 349.166, as it may be amended from time to
time, without local acknowledgment of the exempt permit. This section shall not apply to
lawful gambling exempted from local regulation by § 301.05.
Subd. 2. Applications for issuance of an exempt permit shall be submitted to the
city on a form prescribed by the Board.
Subd. 3. The Council may establish by ordinance a local fee for an exempt permit,
as provided in § 1301.02. The fee shall be submitted with the application for an exempt
permit.
Subd. 4. Upon receipt of the application for an exempt permit, the city shall review
the application for completeness, acknowledge and return the application to the
applicant.
Subd. 5. Exempt permits shall be valid for the date(s) of activity noted on the
permit application.
(Ord. 482, passed 9 -26 -2011) Penalty, see § 301.13
301.10 LICENSE AND PREMISES PERMIT DISPLAY.
All permits issued under state law or this chapter shall be prominently displayed
during the permit year at the premises where gambling is conducted.
(Ord. 482, passed 9 -26 -2011) Penalty, see § 301.13
301.11 NOTIFICATION OF MATERIAL CHANGES TO APPLICATION.
An organization holding a state - issued premises permit or an exempt permit
shall notify the city in writing whenever any material change in the information
submitted in the application occurs within ten days of the change.
(Ord. 482, passed 9 -26 -2011) Penalty, see § 301.13
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301.12 LOCAL GAMBLING TAX.
The City Council may, by ordinance, establish a local gambling tax imposed on
the gross receipts of a licensed organization from all lawful gambling less prizes
actually paid out by the organization.
(Ord. 482, passed 9 -26 -2011)
301.13 PENALTY.
Any person who violates:
Subd. 1. Any provision of this chapter;
Subd. 2. M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time
to time; or
Subd. 3. M.S. Chapter 349, as they may be amended from time to time, or any
rules promulgated under those sections, as they may be amended from time to time;
shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both,
not to exceed statutory limits, plus in either case the costs of prosecution.
(Ord. 482, passed 9 -26 -2011)
CHAPTER 302
SALE OF TOBACCO
Section
302.01 Purpose
302.02 Definitions
302.03 License
302.04 Fees
302.05 Basis for denial of license
302.06 Prohibited sales
302.07 Vending machines
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302.08
Self- service sales
302.09
Responsibility
302.10
Compliance checks and inspections
302.11
Other illegal acts
302.12 Violations and hearing process
302.13 Penalties
302.14 Exceptions and defenses
302.01 PURPOSE.
Because the city recognizes that many persons under the age of 18 years
purchase or otherwise obtain, possess and use tobacco, and tobacco - related devices,
and the sales, possession and use are violations of both state and federal laws; and
because studies, which are hereby accepted and adopted, have shown that most
smokers begin smoking before they have reached the age of 18 years and that those
persons who reach the age of 18 years without having started smoking are significantly
less likely to begin smoking and because smoking has been shown to be the cause of
several serious health problems which subsequently place a financial burden on all
levels of government; this chapter shall be intended to regulate the possession and use
of tobacco, and tobacco - related devices for the purpose of enforcing and furthering
existing laws, to protect minors against the serious effects associated with the illegal
use of tobacco, and tobacco - related devices and to further the official public policy of
the State of Minnesota in regard to preventing young people from starting to smoke as
stated in M.S. § 144.391.
(Ord. 475, passed 5 -9 -2011)
302.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure
that those authorized to sell tobacco, and tobacco - related devices are following and
complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve
the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also
mean the use of minors who attempt to purchase tobacco, or tobacco - related devices
for educational, research and training purposes as authorized by state and federal
laws. COMPLIANCE CHECKS may also be conducted by other units of government for
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the purpose of enforcing appropriate federal, state or local laws and regulations
relating to tobacco, and tobacco - related devices.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco wrapped
individually for sale. Individually wrapped tobacco shall include, but not be limited to,
single cigarette packs, single bags or cans of loose tobacco in any form and single
cans or other packaging of snuff or chewing tobacco. Cartons or other packaging
containing more than a single pack or other container as described in this subdivision
shall not be considered INDIVIDUALLY PACKAGED.
LOOSIES. The common term used to refer to a single or individually packaged
cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a
truck, van, automobile or other type of vehicle or transportable shelter and not a fixed
address store front or other permanent type of structure authorized for sales
transactions.
RETAIL ESTABLISHMENT. Any place of business where tobacco, or
tobacco - related devices are available for sale to the general public. RETAIL
ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience
stores and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF - SERVICE MERCHANDISING. Open displays of tobacco, or
tobacco - related devices in any manner where any person shall have access to the
tobacco, or tobacco - related devices, without the assistance or intervention of the
licensee or the licensee's employee. The assistance or intervention shall entail the
actual physical exchange of the tobacco, or tobacco - related device between the
customer and the licensee or employee. SELF - SERVICE MERCHANDISING shall not
include vending machines.
TOBACCO. Cigarettes and any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff
flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms
of tobacco. TOBACCO excludes any tobacco product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation product,
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as a tobacco dependence product, or for other medical purposes, and is being
marketed and sold solely for such an approved purpose.
TOBACCO - RELATED DEVICES. A pipe, rolling paper or other device
intentionally designed or intended to be used in a manner which enables tobacco to be
chewed, stuffed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of
device which dispenses tobacco, or tobacco - related devices upon the insertion of
money, tokens or other form of payment directly into the machine by the person
seeking to purchase the tobacco, or tobacco - related device.
(1987 Code, § 302.02) (Ord. 475, passed 5 -9 -2011)
302.03 LICENSE.
No person shall sell or offer to sell any tobacco, or tobacco - related device
without first having obtained a license to do so from the city.
Subd. 1. Application. An application for a license to sell tobacco, or
tobacco - related devices shall be made on a form provided by the city. The application
shall contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought and any additional information the city deems necessary. Upon receipt of a
completed application, the City Administrator /Clerk shall forward the application to the
City Council for action at its next regularly scheduled meeting. If the City
Administrator /Clerk shall determine that an application is incomplete, he or she shall
return the application to the applicant with notice of the information necessary to make
the application complete.
Subd. 2. Action. The city may either approve or deny the license or it may delay
action for the reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. If the city shall approve the license,
the City Administrator /Clerk shall issue the license to the applicant. If the city denies
the license, notice of the denial shall be given to the applicant along with notice of the
applicant's right to appeal the decision.
Subd. 3. Term. All licenses issued under this chapter shall expire on the last day
of October of each year.
Subd. 4. Revocation or suspension. Any license issued under this chapter may be
revoked or suspended as a penalty for a violation. No suspension or revocation may
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take effect until the licensee has received notice, either personally or by mail, of the
opportunity for a hearing pursuant to § 302.12.
Subd. 5. Transfers. All licenses issued under this chapter shall be valid only on the
premises for which the license was issued and only for the person to whom the license
was issued. No transfer of any license to another location or person shall be valid
without the prior approval of the City Council.
Subd. 6. Moveable place of business. No license shall be issued to a moveable
place of business. Only fixed location businesses shall be eligible to be licensed under
this chapter.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the
general public on the licensed premises.
Subd. 8. Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall
be made at least 30 days but no more than 60 days before the expiration of the current
license. The issuance of a license issued under this chapter shall be considered a
privilege and not an absolute right of the applicant and shall not entitle the holder to an
automatic renewal of the license.
(1987 Code, § 302.03) (Ord. 475, passed 5 -9 -2011)
302.04 FEES.
No license shall be issued under this chapter until the appropriate license fee
shall be paid in full. The fee for a license shall be as provided in § 1301.02 of this
code.
(1987 Code, § 302.04) (Ord. 475, passed 5 -9 -2011)
302.05 BASIS FOR DENIAL OF LICENSE.
Subd. 1. The following shall be grounds for denying the issuance or renewal of a
license under this chapter; however, except as may otherwise be provided by law, the
existence of any particular ground for denial does not mean that the city must deny the
license.
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a. The applicant is under the age of 18 years;
b. The applicant has been convicted within the past five years of any
violation of a federal, state or local law, ordinance provision or other regulation relating
to tobacco or tobacco - related devices;
C. The applicant has had a license to sell tobacco or tobacco - related
devices revoked within the preceding 12 months of the date of the application;
d. The applicant fails to provide any information required on the
application or provides false or misleading information;
e. The applicant is prohibited by federal, state or other local law,
ordinance or other regulation from holding a license.
Subd. 2. If a license is mistakenly issued or renewed to a person, it shall be
revoked upon the discovery that the person was ineligible for the license under this
section.
(1987 Code, § 302.05) (Ord. 475, passed 5 -9 -2011)
302.06 PROHIBITED SALES
It shall be a violation of this chapter for any person to sell or offer to sell any
tobacco, or tobacco- related device:
Subd. 1. To any person under the age of 18 years;
Subd. 2. By means of any type of vending machine, except as may otherwise be
provided in this chapter;
Subd. 3. By means of self- service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premises in order to
receive the tobacco, or tobacco - related device and whereby there is not a physical
exchange of the tobacco, or tobacco - related device between the licensee or the
licensee's employee and the customer;
Subd. 4. By means of loosies as defined in this chapter;
Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos,
cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as part of an
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otherwise lawful manufacturing process;
Subd. 6. From any body art establishment (licensed), as defined in Chapter
1201.02.
Subd. 7. By any other means, to any other person, on in any other manner or form
prohibited by Federal, state or other local law, ordinance provision or other regulation.
(1987 Code, § 302.06) (Ord. 475, passed 5 -9 -2011; Am. Ord. 558, passed 6 -25 -2018)
302.07 VENDING MACHINES.
It shall be unlawful for any person licensed under this chapter to allow the sale
of tobacco, or tobacco- related devices by the means of a vending machine unless an
employee of the licensed establishment at all times is required to activate the machine
for each sale.
(1987 Code, § 302.07) (Ord. 475, passed 5 -9 -2011) Penalty, see § 104.01
302.08 SELF - SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco,
or tobacco - related devices by any means whereby the customer may have access to
the items without having to request the item from the licensee or the licensee's
employee and whereby there is not a physical exchange of the tobacco or the
tobacco - related device between the licensee or his or her clerk and the customer. All
tobacco, and tobacco - related devices shall either be stored behind a counter or other
area not freely accessible to customers or in a case or other storage unit not left open
and accessible to the general public.
(1987 Code, § 302.08) (Ord. 475, passed 5 -9 -2011) Penalty, see § 104.01
302.09 RESPONSIBILITY.
All licensees under this chapter shall be responsible for the actions of their
employees in regard to the sale of tobacco, or tobacco - related devices on the licensed
premises, and the sale of an item by an employee shall be considered a sale by the
license holder. Nothing in this section shall be construed as prohibiting the city from
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also subjecting an employee of the licensee to whatever penalties are appropriate
under this section, state or federal law or other applicable law or regulation.
(1987 Code, § 302.09) (Ord. 475, passed 5 -9 -2011)
302.10 COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the Police Department or
other authorized city official during regular business hours. From time to time, but at
least once per year, the city shall conduct compliance checks by engaging, with the
written consent of their parents or guardians, minors over the age of 15 years but less
than 18 years, to enter the licensed premises to attempt to purchase tobacco, or
tobacco - related devices. Minors used for the purpose of compliance checks shall be
supervised by designated law enforcement officers or other designated city personnel.
Minors used for compliance checks shall not be guilty of the unlawful purchase or
attempted purchase, nor the unlawful possession of tobacco, or tobacco - related
devices when the items are obtained or attempted to be obtained as a part of the
compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by the
licensee or his or her employee and shall produce any identification, if any exists, for
which he or she is asked. Nothing in this section shall prohibit compliance checks
authorized by state or federal laws for educational, research or training purposes or
required for the enforcement of a particular state or federal law.
(1987 Code, § 302.10) (Ord. 475, passed 5 -9 -2011)
302.11 OTHER ILLEGAL ACTS.
Unless otherwise provided, the following acts shall be a violation of this chapter.
Subd. 1. Illegal sales to minors. It shall be a violation of this chapter for any person
to sell or otherwise provide any tobacco, or tobacco - related device to any minor.
Subd. 2. Illegal possession. It shall be a violation of this chapter for any minor to
have in his or her possession any tobacco, or tobacco - related device. This subdivision
shall not apply to minors lawfully involved in a compliance check.
Subd. 3. Illegal use. It shall be a violation of this chapter for any minor to smoke,
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chew, sniff or otherwise use any tobacco, or tobacco - related device
Subd. 4. Illegal procurement. It shall be a violation of this chapter for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, or tobacco - related
device, and it shall be a violation of this chapter for any person to purchase or
otherwise obtain the items on behalf of a minor. It shall further be a violation for any
person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain
or use any tobacco, or tobacco - related device. This subdivision shall not apply to
minors lawfully involved in a compliance check.
Subd. 5. Use of false identification. It shall be a violation of this chapter for any
minor to attempt to disguise his or her true age by the use of a false form of
identification, whether the identification is that of another person or one on which the
age of the person has been modified or tampered with to represent an age older than
the actual age of the person.
Subd. 6. Illegal sales by minors. It shall be a violation of this chapter:
a. For anyone under the age of 18 to sell tobacco, or tobacco - related
devices;
b. For a licensee to cause or permit anyone under the age of 18 to
sell tobacco, or tobacco - elated devices.
(1987 Code, § 302.11) (Ord. 475, passed 5 -9 -2011) Penalty, see § 104.01
302.12 VIOLATIONS AND HEARING PROCESS.
Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall
be issued, either personally or by mail, a citation that sets forth the alleged violation
and which shall inform the alleged violator of his or her right to be heard on the
accusation.
Subd. 2. Hearings. If a person accused of violating this section so requests, a
hearing shall be scheduled, the time and place of which shall be provided to the
accused violator.
Subd. 3. Hearing officer. A hearing officer designated by the city shall serve as the
hearing officer.
Subd. 4. Decision. If the hearing officer determines that a violation of this chapter
did occur, that decision along with the hearing officer's reasons for finding a violation
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and the penalty to be imposed under § 302.13 of this chapter shall be recorded in
writing, a copy of which shall be provided to the accused violator. Likewise, if the
hearing officer finds that no violation occurred or finds grounds for not imposing any
penalty, the findings shall be recorded and a copy provided to the acquitted accused
violator.
Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be
filed in the district court for the jurisdiction of the city in which the alleged violation
occurred.
Subd. 6. Continued violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
(1987 Code, § 302.12) (Ord. 475, passed 5 -9 -2011) Penalty, see § 104.01
302.13 PENALTIES.
Subd. 1. Licensees. Any licensee found to have violated this chapter, or whose
employee shall have violated this chapter, shall be charged an administrative fine as
provided in § 1301.02 of this code. In addition, after the third offense, the license shall
be suspended for not less than seven days.
Subd. 2. Other individuals. Other individuals, other than minors regulated by
subdivision 3 of this section, found to be in violation of this chapter shall be charged an
administrative fee as provided in § 1301.02 of this code.
Subd. 3. Minors. Minors found in unlawful possession of or who unlawfully
purchase or attempt to purchase tobacco, tobacco products or tobacco - related devices
may be subject to enrollment and evidence of successful completion of a tobacco
education course provided by Independent School District (Minnetonka) 276 or
Independent School District 277 (Westonka) for the first offense and subject to a fine of
$100 for each offense subsequent.
Subd. 4. Misdemeanor. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any violation of this chapter. If the city elects to seek
misdemeanor prosecution, no administrative penalty shall be imposed.
(1987 Code, § 302.13) (Ord. 475, passed 5 -9 -2011) Penalty, see § 104.01
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302.14 EXCEPTIONS AND DEFENSES.
Nothing in this chapter shall prevent the providing of tobacco, or tobacco related
devices to a minor as part of a lawfully recognized religious, spiritual or cultural
ceremony. It shall be an affirmative defense to the violation of this chapter for a person
to have reasonably relied on proof of age as described by state law.
(1987 Code, § 302.14) (Ord. 475, passed 5 -9 -2011)
CHAPTER 303
LICENSE BACKGROUND CHECKS FOR APPLICANTS OF
CITY LICENSES
Section
303.01 Purpose
303.02 Criminal history license background investigations
303.01 PURPOSE.
The purpose and intent of this section is to establish regulations that will allow
law enforcement access to Minnesota's Computerized Criminal History information for
specified non - criminal purposes of licensing background checks.
(Ord. 480, passed 8 -22 -2011)
303.02 CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS.
Subd. 1. The South Lake Minnetonka Police Department is hereby required, as the
exclusive entity within the city, to conduct a criminal history background investigation
on the applicants for the following licenses within the city, or those licenses as
determined by licensing authority as provided in the Shorewood City Code Titles 300
and 400:
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a. Employees and /or officers and /or partners of licensed tobacco and
liquor establishments.
b. Applicants for transient merchant, solicitor, peddler or canvasser
licenses.
C. Applicants, operators, managers, and /or employees of adult use
establishments.
d. Applicants, operators, managers, and /or employees of therapeutic
massage establishments.
Subd. 2. In conducting the criminal history background investigation in order to
screen license applicants, the Police Department is authorized to access data
maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal
History information system in accordance with BCA policy. Any data that is accessed
and acquired shall be maintained at the Police Department under the care and custody
of the chief law enforcement official or his or her designee. A summary of the results of
the Computerized Criminal History data may be released by the Police Department to
the licensing authority, including the City Council, the City Administrator, or other city
staff involved the license approval process.
Subd. 3. Before the investigation is undertaken, the applicant must authorize the
Police Department by written consent to undertake the investigation. The written
consent must fully comply with the provisions of M.S. Chapter 13 regarding the
collection, maintenance and use of the information. Except for the positions set forth in
M.S. § 364.09, the city will not reject an applicant for a license on the basis of the
applicant's prior conviction unless the crime is directly related to the license sought and
the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence.
If the city rejects the applicant's request on this basis, the city shall notify the applicant
in writing of the following:
§ 364.06.
a. The grounds and reasons for the denial.
b. The applicant complaint and grievance procedure set forth in M.S.
C. The earliest date the applicant may reapply for the license.
d. That all competent evidence of rehabilitation will be considered
upon reapplication.
(Ord. 480, passed 8 -22 -2011)
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304.01
304.02
304.03
304.04
304.05
304.06
304.07
304.08
304.09
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CHAPTER 304
BOAT DOCKS AND BOAT STORAGE FACILITIES
Definitions
License required
Application for license
Restrictions on license
License fee, term of license
Regulation of commercial storage facilities
Construction and maintenance of commercial docks
Inspections
Violation
304.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
COMMERCIAL BOAT DOCK. Any person, firm or corporation who owns or uses
boats or barges in the furtherance of his or her business and provides space for
docking and storing of the boats or barges upon property owned, rented or occupied by
the person, firm or corporation shall be considered, for the purpose of this chapter, as
being engaged in the business of operating a commercial boat dock.
DOCKING or STORING BOATS. Any person, firm or corporation who rents or
provides space for docking or storing of three or more boats belonging to a person
other than himself or herself within the corporate limits of the city for gain or other
remuneration shall be considered, for the purpose of this chapter, as being engaged in
the trade or business of docking or storing of boats.
(1987 Code, § 304.01)
304.02 LICENSE REQUIRED.
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No person shall operate, carry on a commercial boat dock business or be
engaged in the trade or business of docking or storing of boats within the corporate
limits of the city without having first obtained a license so to do.
(1987 Code, § 304.02)
304.03 APPLICATION FOR LICENSE.
Subd. 1. Any person desiring a license to engage in the business of operating a
commercial dock or boat storage business shall make application in writing to the City
Council, which application shall be signed by the applicant and filed with the City
Administrator /Clerk and shall set forth the following:
a. The name and residence of the applicant;
b. The exact location at which the applicant proposes to carry on the
business; and
C. Whether he or she is then or has heretofore been engaged in the
business.
Subd. 2. The City Administrator /Clerk shall present the application to the City
Council at its next regular meeting after the filing thereof.
(1987 Code, § 304.03)
304.04 RESTRICTIONS ON LICENSE.
No license shall be issued by the City Council pursuant to this chapter for any
person to engage in the trade or business of docking or storing of commercial boats
within the corporate limits of the city except when the business is to be carried on within
the appropriate zoning district or is entitled to operate the business as a nonconforming
use in accordance with the zoning regulations.
(1987 Code, § 304.04) (Ord. 29, passed 2 -13 -1961)
304.05 LICENSE FEE, TERM OF LICENSE.
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The amount to be paid for a license required by § 304.02 hereof shall be as
provided in § 1301.02 of this code. Each license shall expire on December 31 of each
year.
(1987 Code, § 304.05) (Ord. 29, passed 2 -13 -1961; Am. Ord. 263, passed
12 -14 -1992)
304.06 REGULATION OF COMMERCIAL STORAGE FACILITIES.
In the event boat storage facilities are provided, the boats shall be stored in a
manner so as not to create a fire hazard and any gasoline offered for sale or stored on
the premises shall be placed in tanks or containers as may be required by the City
Council, underground or the distance from the storage facilities so as not to create a
danger in the community.
(1987 Code, § 304.06)
304.07 CONSTRUCTION AND MAINTENANCE OF COMMERCIAL DOCKS.
No commercial dock shall extend further into the waters of Lake Minnetonka
than is reasonably necessary to accommodate the docking of the craft as shall
customarily and lawfully be used upon the waters of Lake Minnetonka so as to interfere
with, obstruct or tend to obstruct or render dangerous for use or passage a body of
water within the primary harbor limits of the city. All commercial docks and wharves
shall be constructed and maintained of the materials and of the type of construction as
will not render the same unsafe or apt to endanger public enjoyment of the waters.
(1987 Code, § 304.07)
304.08 INSPECTIONS.
The City Council or the officer as may be designated by the City Council for the
purpose may, at any reasonable time, inspect or cause to be inspected any commercial
dock or wharf and, if it shall appear that the dock or wharf has not been constructed or
is not being maintained in accordance with the application therefor as approved by the
City Council, or in accordance with the terms of this chapter, the City Council, by its
Administrator, shall notify the owner thereof in writing of the way or ways in which the
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dock or wharf does not comply with this chapter, after which the owner will have ten
days to remove the dock or wharf or to make the same comply with the terms of the
application, and the issuance of the license therefor may be revoked by the City
Council and notice thereof in writing shall be mailed to the owner of the dock or wharf
at the address given in the application. Failure to have a valid license in force shall be
prima facie evidence of a violation of this chapter.
(1987 Code, § 304.08) (Ord. 29, passed 2 -13 -1961)
304.09 VIOLATION.
Any person who shall violate any of the provisions of this chapter shall be guilty
of a misdemeanor.
(1987 Code, § 304.09) (Ord. 29, passed 2 -13 -1961; Am. Ord. 56, passed 9 -8 -1969)
Penalty, see § 104.01
CHAPTER 305
TREE TRIMMERS
Section
305.01 License fee
305.02 Insurance requirements
305.03 Term of license
305.04 Violation
305.01 LICENSE FEE.
The annual license fee for a license to trim trees shall be as provided in §
1301.02 of this code.
(1987 Code, § 305.01) (Ord. 93, passed 6 -13 -1977; Am. Ord. 263, passed
12 -14 -1992)
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305.02 INSURANCE REQUIREMENTS.
Each applicant for a license shall accompany his or her application with policies
or certificates of insurance by an insurance company authorized to do business in the
State of Minnesota evidencing the following insurance coverage:
Subd. 1. Worker's compensation. Appropriate worker's compensation insurance in
accordance with the worker's compensation laws of the State of Minnesota;
Subd. 2. Liability insurance. Insurance against claims for death, bodily injury and
property damage liability in the amounts of at least $1,000,000 for injury to or death of
any one person, $1,000,000 for injury to or death of more than one person in any one
accident and $500,000 for damage to property.
(1987 Code, § 305.02)
305.03 TERM OF LICENSE.
A license shall be issued for the calendar year and shall expire on December 31
of the year in which it is issued.
(1987 Code, § 305.03) (Ord. 93, passed 6 -13 -1977)
305.04 VIOLATION.
Any person who shall violate any of the provisions of this chapter shall be guilty
of a misdemeanor.
(1987 Code, § 305.04)
Section
CHAPTER 306
CONTROLLED SUBSTANCES
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306.01 General regulation
306.02 Definitions
306.03 Prohibited acts
306.04 Exceptions
306.05 Inhaling, breathing, drinking of certain substances prohibited
306.06 Purchase, sale or possession regulated
306.07 Self- service display prohibited
306.08 Confiscation and disposition of prohibited drugs
306.09 Violation
306.01 GENERAL REGULATION.
The sale and possession of controlled substances and glue shall be regulated
as hereinafter set forth.
(1987 Code, § 306.01)
306.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in
M.S. § 152.02, Schedules I through V. The term shall not include distilled spirits, wine,
malt beverages, intoxicating liquors or tobacco.
DELIVER. Sell, offer for sale, barter, exchange, administer, dispense, give away,
distribute or supply in any other manner. The term DELIVERYas herein defined shall
include the attempt to do the acts as well as the actual completed commission thereof.
MANUFACTURER. A person or persons other than a pharmacist who prepares
controlled substances in dosage forms by mixing, compounding, encapsulating,
entableting or other process.
PATIENT.
a. The individual for whom a controlled substance is prescribed or to
whom a controlled substance is administered; or
b. The owner or the agent of the owner of any animal for which a
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controlled substance is prescribed or to which a controlled substance is administered
PERSON. Includes every individual, corporation, partnership and association of
one or more individuals.
PHARMACIST. A person duly licensed and registered with the Minnesota State
Board of Pharmacy as a registered pharmacist.
PRACTITIONER. A person licensed by law to prescribe and administer any of
the controlled substances as defined above.
PRESCRIPTION. A written or oral order by a practitioner to a pharmacist for a
controlled substance for a particular patient, which specifies the date of its issue, the
name and address of the practitioner, the name of the patient (and, if the controlled
substance is prescribed for an animal, the species of the animal), the name and
quantity of the controlled substance prescribed and, in the case of a written order, the
signature of the practitioner. An oral order by a practitioner for a controlled substance
must be promptly reduced to writing by the pharmacist.
WAREHOUSEMAN. A person or persons who stores controlled substances, for
others, and who has no control over the disposition of the controlled substances except
for the purpose of the storage.
WHOLESALER. A person or persons engaged in the business of distributing
controlled substances to persons included in any of the classes named in § 306.04.
(1987 Code, § 306.02)
306.03 PROHIBITED ACTS.
Subd. 1. Except as otherwise provided in this section, or by state law, it shall be
unlawful for any person to:
a. Manufacture, sell, give away, barter, deliver, exchange or distribute
or possess with intent to manufacture, sell, give away, barter, deliver, exchange or
distribute, a controlled substance;
b. Possess a controlled substance, except when the possession is for
one's own use and is authorized by law.
Subd. 2. It shall be unlawful for any person to procure, attempt to procure, possess
or have in his or her control a controlled substance by any of the following means:
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a. Fraud, deceit, misrepresentation or subterfuge;
b. Using a false name, or giving a false address or false credit;
C. Concealing a material fact;
d. Forging or altering a prescription;
e. Making a false statement in any prescription, order, report or
record relative to a controlled substance;
f. Making, issuing or uttering any false or forged prescription;
g. Falsely assuming the title of, or falsely representing any person to
be, a manufacturer, wholesaler, warehouseman, pharmacist, physician, doctor of
osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian or other
authorized person for the purpose of obtaining a controlled substance.
(1987 Code, § 306.03) Penalty, see § 104.01
306.04 EXCEPTIONS.
Section 306.03 shall not apply to the following in the ordinary course of their
trade, business or profession; provided, however, this exception shall not be a defense
to the doing of the acts prohibited in § 306.03 hereof-
Subd. 1. Practitioners;
Subd. 2. Pharmacists;
Subd. 3. Manufacturers;
Subd. 4. Pharmacists as manufacturers;
Subd. 5. Wholesalers;
Subd. 6. Warehousemen;
Subd. 7. Persons engaged in transporting the controlled substances as agent or
employee of a practitioner, pharmacist, manufacturer, warehouseman, wholesaler or
common carrier;
Subd. 8. Any patient as herein defined with respect to procuring, possession and
use of a controlled substance in accordance with terms of a prescription and prescribed
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treatment;
Subd. 9. Persons who procure, possess or use the controlled substances for the
purpose of lawful research, teaching or testing and not for sale;
Subd. 10. Lawfully licensed and registered hospitals or bona fide institutions
wherein sick or injured persons are cared for and treated or bona fide hospitals for the
treatment of animals.
(1987 Code, § 306.04)
306.05 INHALING, BREATHING, DRINKING OF CERTAIN SUBSTANCES
PROHIBITED.
No person shall intentionally inhale, breathe or drink or be or become intoxicated
by reason of inhaling, breathing or drinking any substance commonly known as glue,
adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and
lacquer, nail polish remover or thinners for the above named substances or any
substance containing toluol, hexane, trichlorethylene, acetone, toluene, ethyl acetate,
methyl ethel ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl
callosolve acetate, cyclohexanone or any other substance which contains ketone,
aldehydes, organic acetates, ether, chlorinated hydrocarbons or any other similar
ingredient which releases toxic vapors for the purpose of inducing symptoms of
intoxication, elation, excitement, confusion, dizziness, paralysis, irrational behavior or
in any manner change, distort or disturb the balance, coordination or the audio, visual
or mental processes.
(1987 Code, § 306.05)
306.06 PURCHASE, SALE OR POSSESSION REGULATED.
No person shall, for the purpose of violating or aiding another to violate any
provision of this chapter, intentionally possess, buy, sell, transfer possession or receive
possession of any glue containing the intoxicating substances defined in § 306.05.
(1987 Code, § 306.06)
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306.07 SELF - SERVICE DISPLAY PROHIBITED.
Retail establishments selling glue containing the intoxicating substances defined
in § 306.05 shall not sell the glue from a self- service display.
(1987 Code, § 306.07)
306.08 CONFISCATION AND DISPOSITION OF PROHIBITED DRUGS.
Any controlled substances or glue found in the possession of any person
convicted of a violation of this chapter shall be confiscated and shall be forfeited to the
Chief of Police who may make use of the items for police purposes, keeping
documentation of the use and eventually shall make proper and timely disposition
thereof by destroying them.
(1987 Code, § 306.08)
306.09 VIOLATION.
Any person who violates this chapter is guilty of a misdemeanor.
(1987 Code, § 306.09) (Ord. 162, passed 1 -28 -1985) Penalty, see § 104.01
CHAPTER 307
[RESERVED]
CHAPTER 308
TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS,
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CANVASSERS AND GARAGE SALES
Section
308.01 Scope and purpose
308.02 Definitions
308.03 License required
308.04 Exclusions
308.05 No fee for canvassing, religious, political, educational and charitable
organizations
308.06 License application
308.07 Issuance of license
308.08 License fee and licensure
308.09 Revocation
308.10 Appeal
308.11 License limitations
308.12 Peddlers, transient merchants, canvassers and solicitors may be prohibited
by placard
308.13 Regulations, transient merchants
308.01 SCOPE AND PURPOSE.
The purpose of this chapter is to prevent fraud, and criminal activity, such as
burglary, theft and assault, and to protect the privacy of residents in their homes by
requiring commercial solicitors, peddlers, transient merchants, and canvassers to be
licensed and to impose restrictions on their operations within the city that are narrowly
tailored to address the risks these operations pose to the public health, safety and
welfare. It is not the purpose of this chapter to burden interstate commerce or interfere
with constitutionally - protected rights under the First Amendment of the United States
Constitution or Art. 1, Section 3 of the Minnesota Constitution.
(1987 Code, § 308.01) (Ord. 265, passed 1 -25 -1993; Am. Ord. 484, passed
10 -24 -2011)
308.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
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context clearly indicates or requires a different meaning
CANVASSER. Any person canvassing for funds door -to -door in this city on
behalf of a charitable, religious or nonprofit organization as defined in IRS Code §
501(c)(3).
GARAGE SALES. Any isolated or occasional display and sale of used personal
property or home- crafted items conducted on residential premises by the occupant of
the residential property or the display and sale of the items or seasonal goods or
merchandise on the premises of a community center, school or church. GARAGE
SALES shall include rummage sales, basement sales, yard sales, porch sales, craft
sales and all other periodic sales at a residential location, community center, school, or
church.
PEDDLER. Any person dealing in this city who travels around from place to
place or street to street carrying or transporting goods or solicitation for all manner of
wares, services and merchandise, offering the same for sale or making sales and
delivering articles to purchasers.
SOLICITOR. Any person who goes from place to place and /or house to house
soliciting or taking or attempting to take orders for the purchase of any foods, wares or
merchandise, including magazines, books, periodicals or personal property of any
nature whatsoever for delivery in the future or orders for the performance of a service in
or about the home or place of business, such as furnace cleaning, roof repair or
blacktopping.
TRANSIENT MERCHANT. Any person, individual, partnership or corporation,
whether principal, employee or agent, who engages in, does or transacts any
temporary or transient business in this city, either in one locality or traveling from place
to place in this city selling goods, wares and merchandise; and who, for the purposes of
carrying on the business, hires, leases, occupies or uses a building, structure, vehicle,
property or other place for the exhibition and sale of the goods, wares and
merchandise.
(1987 Code, § 308.02) (Ord. 265, passed 1 -25 -1993; Am. Ord. 341, passed
9 -14 -1998; Am. Ord. 484, passed 10 -24 -2011)
308.03 LICENSE REQUIRED
Subd. 1. It shall be unlawful for any person to engage in the activities of peddling,
soliciting, canvassing or transient selling without first having obtained a license in
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compliance with the provisions of this chapter
Subd. 2. A separate license shall be secured for each individual person engaged
as a peddler, solicitor, canvasser or transient merchant.
Subd. 3. Where provisions of this chapter are more or less restrictive than
comparable provisions within any other portion of this code, rules or regulations of the
city, the more restrictive provision, rule or regulation shall prevail. The City
Administrator /Clerk shall determine which is more restrictive and appeals from the
determination may be made in the manner provided herein.
(1987 Code, § 308.03) (Ord. 265, passed 1 -25 -1993) Penalty, see § 104.01
308.04 EXCLUSIONS.
Certain businesses may be exempt from the requirements of this chapter.
Specific exclusions include:
Subd. 1. Business by appointment. A solicitor or canvasser doing business by
appointment. A bona fide appointment is one made in advance, not one that is not
merely obtained by going door -to -door in conjunction with the taking of orders, offering
for sale or selling;
Subd. 2. Sales to stores and /or professionals. Salespersons selling goods to
retain or wholesale stores or to professional or industrial establishments;
Subd. 3. Garage, rummage and craft sales. Garage sales, rummage sales and
craft sales, provided that:
a. None of the items offered for sale shall have been obtained for
resale or received on consignment for sale, except for the display and sale of seasonal
goods and merchandise on the premises of a community center, school or church;
b. Any sale shall be conducted solely within the boundaries of the
property owned or occupied by the occupant who is conducting the sale;
C. There shall be no more than four garage sales conducted at any
one residence during any period of 12 calendar months;
d. No garage or rummage sale shall be conducted during any part of
more than three consecutive days, except that the display and sale of seasonal goods
and merchandise on the premises of a community center, school or church shall not
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exceed 30 consecutive days;
e. No garage sale may be conducted before 8:00 a.m. or after 10:00
am
f. Church signage is limited to one nonilluminated temporary sign,
not exceeding six square feet in area, advertising the garage sale, for which a sign
permit is not required. The sign may be displayed for the duration of the sale only;
g. The display or sale of seasonal goods or merchandise on the
premises of a community center, school or church shall not take up required parking as
provided for in § 1201.03, subdivision 5 of this code and shall comply with setback
requirements for the zoning district in which the property is located.
Subd. 4. Other. Merchants or their employees delivering goods to established
customers in the regular course of business, the sale of goods or admissions to events
by K -12 students where the proceeds of such sales benefit a program or activity in
which the student is involved, governmental organizations, or to the sale of goods by
members of the Girl Scouts or Boy Scouts of America.
(1987 Code, § 308.04) (Ord. 265, passed 1 -25 -1993; Am. Ord. 316, passed
11 -25 -1996; Am. Ord. 341, passed 9 -14 -1998; Am. Ord. 484, passed 10 -24 -2011)
308.05 NO FEE FOR CANVASSING, RELIGIOUS, POLITICAL, EDUCATIONAL AND
CHARITABLE ORGANIZATIONS.
The fee imposed by this chapter does not apply to any organization, society,
association or corporation if the organization is registered with the Secretary of State
pursuant to the provisions of M.S. § 309.515 if the organization intends to solicit or
have solicited in its name money, donations of money or property or financial
assistance of any kind or intends to sell or distribute any item of literature or
merchandise for which a fee is charged or solicited from persons other than members
of the organizations upon the streets, in office or business buildings, by house to house
canvass or in public places. To qualify for this exemption, the organization or individual
shall provide a sworn application in writing on a form furnished by the city which shall
include the following information:
Subd. 1. Names and addresses of the officers and /or directors of the organization;
Subd. 2. Name and purpose of the cause for which the license is sought;
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Subd. 3. The period during which the canvassing is to be conducted;
Subd. 4. A complete list of those to do canvassing giving full name, address and
date of birth for background review and permit approval by the Police Department.
(1987 Code, § 308.05) (Ord. 265, passed 1 -25 -1993; Am. Ord. 484, passed
10 -24 -2011)
308.06 LICENSE APPLICATION.
Subd. 1. The application for the license provided in this section should be made to
the City Administrator /Clerk by filing the annual license fee and by completing an
application form or forms as provided by the City Administrator /Clerk.
Subd. 2. The application shall include, in addition to the information as the City
Administrator /Clerk may require:
a. Name of the applicant and all persons associated in business in
the city;
b. Permanent home address and full local address of the applicant
and permanent and local telephone numbers of applicant;
C. A brief written description of the nature of the business, goods to
be sold and the applicant's method of operation;
d. If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
e. The length of time which the applicant intends to do business in the
city, with the approximate dates;
f. The location where the goods or property proposed to be sold, or
orders taken for the sale thereof, are manufactured or produced, where the goods or
products are located at the time the application is filed and the proposed method of
delivery;
g. A photograph of the applicant. The applicant must submit a photo
taken within 60 days immediately prior to the date of filing of the application, which
picture shall be two inches by two inches showing the head and shoulders of the
applicant in a clear and distinguishable manner, or, the applicant must come into the
city office to have his or her photo taken for the license;
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h. A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance, the nature, place
and date of the offense and the punishment or penalty assessed therefore;
i. If a vehicle is to be used, a description of the same, together with
license number or other means of identification;
j. A statement of the nature, character and quality of the goods,
wares or merchandise to be sold or offered for sale by the applicant, the invoice value
and quality of the goods, wares and merchandise, whether the same are proposed to
be sold from stock in possession or by sample, at auction, by direct sale or by taking
orders for future delivery;
k. Transient merchants shall include the addresses of all places
where the business is to be located along with written consent of the owners or
occupants.
(1987 Code, § 308.06) (Ord. 265, passed 1 -25 -1993; Am. Ord. 484, passed
10 -24 -2011)
308.07 ISSUANCE OF LICENSE.
Subd. 1. There may be a seven day waiting period between the application and
issuance of the license, during which period the City Administrator /Clerk and Police
Chief or designated employee shall make the investigation of the applicant's business
moral character as he or she shall deem necessary for the protection of the public
good. The license may be issued by the City Administrator /Clerk when the foregoing
investigation is completed or within seven days of application, whichever is earlier.
Subd. 2. The issuance of the license shall be denied if the applicant has been
convicted of a felony, a misdemeanor involving moral turpitude or a violation of M.S.
Chapter 329 or of this chapter.
(1987 Code, § 308.07) (Ord. 265, passed 1 -25 -1993)
308.08 LICENSE FEE AND LICENSURE.
The license fee for engaging in a transient business, peddling or soliciting shall
be established by ordinance by the City Council, from time to time, and shall be
payable at the time of application for a license. A license, unless revoked, is for the
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length of time and dates noted on the application, not to exceed a 12 -month period or
part thereof for which it has been issued. License fees may not be prorated.
(1987 Code, § 308.08) (Ord. 265, passed 1 -25 -1993; Am. Ord. 484, passed
10 -24 -2011)
308.09 REVOCATION.
Subd. 1. Permits and licenses issued under the provisions of this chapter may be
revoked by the City Administrator /Clerk for any of the following causes:
a. Fraud, misrepresentation or false statement contained in the
application for license;
b. Fraud, misrepresentation or false statement made in the course of
carrying on his or her business;
C. Any violation of this chapter;
d. Conviction of any felony or of a misdemeanor involving moral
turpitude;
e. Conducting the business licensed in an unlawful manner or in a
manner as to constitute a breach of the peace or to constitute a menace to the health,
safety or general welfare of the public.
Subd. 2. Any license may be revoked without notice if in the opinion of the City
Administrator /Clerk or the Police Chief the good order of the city requires action.
(1987 Code, § 308.09) (Ord. 265, passed 1 -25 -1993)
Ki%1611MI M =/_1 m
Any person aggrieved by the action of the city or any person whose license has
been revoked without notice may appeal to the City Council by filing, within 14 days
after notice of the action complained of, a written statement setting forth fully the
grounds for appeal. The Council shall set a time and place for a hearing on the appeal,
and notice of the hearing shall be given to the person appealing by mailing to the
address set forth on the application written notice at least seven days prior to the
hearing.
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(1987 Code, § 308.10) (Ord. 265, passed 1 -25 -1993)
308.11 LICENSE LIMITATIONS.
Subd. 1. All license holders are required to exhibit their licenses at the request of
any citizen.
Subd. 2. No license issued under the provisions of this chapter shall be used at
any time by any person other than the one to whom it is issued.
Subd. 3. No license holder, nor any person in their behalf, shall shout, blow a horn,
ring a bell or use any sound devices upon any of the streets, alleys, parks or other
public places of the city or upon any private premises in the city.
Subd. 4. It shall be the duty of any police officer of the city to require any person
seen peddling or engaging in like activities and whom is not known to the officer to be
duly licensed, to produce his or her license and to enforce the provisions of this chapter
against any person when in violation of the same.
Subd. 5. Failure of any person to comply with any of the ordinances of the city or
the laws of the state shall be grounds for suspending or revoking a license granted
under this chapter.
Subd. 6. Door -to -door activities allowed under the provisions of this chapter shall
be restricted to hours between 9:00 a.m. and 8:00 p.m.
(1987 Code, § 308.11) (Ord. 265, passed 1 -25 -1993; Am. Ord. 318, passed
1 -13 -1997; Am. Ord. 484, passed 10 -24 -2011)
308.12 PEDDLERS, TRANSIENT MERCHANTS, CANVASSERS AND SOLICITORS
MAY BE PROHIBITED BY PLACARD.
Subd. 1. Any resident of the city who wishes to exclude peddlers or solicitors from
premises occupied by the resident may place upon or near the usual entrance to the
premises a printed placard or sign bearing the following notice: "Peddlers, Canvassers
and Solicitors Prohibited." The placard shall be at least three and one -half inches long
and three and one -half inches wide and the printing thereon shall not be smaller than
one -half inch in height. No peddler, canvasser or solicitor shall enter in or upon any
premises, or attempt to enter in or upon any premises, where a placard or sign is
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placed and maintained.
Subd. 2. No person other than the person occupying the premises shall remove,
injure or deface the placard or sign.
Subd. 3. Violation of this section shall result in the revocation of a duly issued
license.
(1987 Code, § 308.12) (Ord. 265, passed 1 -25 -1993; Am. Ord. 484, passed
10 -24 -2011)
308.13 REGULATIONS, TRANSIENT MERCHANTS.
Subd. 1. Public property. It shall be unlawful to sell or offer for sale any goods,
wares or merchandise on any public land or public right -of -way within the city except as
provided for in § 902.02.
Subd. 2. Private property. No transient merchant shall sell or offer for sale any
goods, wares or merchandise within the Commercial Zoning Districts within the city
from a stationary location on private property without first obtaining a conditional use
permit pursuant to the provisions of Shorewood's Zoning Code. It shall be unlawful to
sell or offer for sale any goods, wares or merchandise from a stationary location in any
noncommercial zoning district.
(1987 Code, § 308.13) (Ord. 265, passed 1 -25 -1993) Penalty, see § 104.01
CHAPTER 309
ADULT USE ESTABLISHMENTS
Section
309.01
Findings and purpose
309.02
Definitions
309.03
Location
309.04
Hours of operation
309.05
Additional conditions for adult cabarets
309.06
License required
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309.01 FINDINGS AND PURPOSE.
Subd. 1. Studies conducted by the Minnesota Attorney General, the American
Planning Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana;
Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los
Angeles, California; and Seattle, Washington have studied the impacts that adult
establishments have in those communities. These studies have concluded that adult
establishments have adverse impacts on the surrounding neighborhoods.
Subd. 2. These impacts include increased crime rates, lower property values,
increased transiency, neighborhood blight and potential health risks. Based on these
studies and findings, the City Council concludes:
a. Adult establishments have adverse secondary impacts of the types
set forth above;
b. The adverse impacts caused by adult establishments tend to
diminish if adult establishments are governed by geographic, licensing and health
requirements;
C. It is not the intent of the City Council to prohibit adult
establishments from having a reasonable opportunity to locate in the city;
d. M.S. §§ 462.357 and 412.221 allow the city to adopt regulations to
promote the public health, safety, morals and general welfare;
e. The public health, safety, morals and general welfare will be
promoted by the city adopting regulations governing adult establishments.
(1987 Code, § 309.01)
309.02 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. This term means:
a. Any business that is conducted exclusively for the patronage of
adults and that excludes minors from patronage, either by operation of law or by the
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owners of the business, except any business licensed under Title 400 of this code;
b. Any business that devotes 25% or more of its floor area (not
including storerooms, stock areas, bathrooms, basements or any portion of the
business not open to the public) to or derives 25% or more of its revenues from, items,
merchandise, devices or other materials distinguished or characterized by an emphasis
on material depicting, exposing, simulating, describing, discussing or relating to
specified sexual activities or specified anatomical areas; or
C. Any business that engages in any adult use, as defined in this
chapter.
ADULT USE. Any of the following activities or businesses.
a. ADULT BODY PAINTING STUDIO. An establishment or business
that provides the service of applying paint, ink or other substance, whether transparent
or non - transparent, to the body of a patron when the person is nude.
b. ADULT BOOKSTORE. An establishment or business used for the
barter, rental or sale of items consisting of printed matter, pictures, slides, records,
audio tape, videotape or motion picture film if:
(1) The business is not open to the public generally but only to
one or more classes of the public, excluding any minor by reason of age; or
(2) 25% or more of the floor area of the business (not including
storerooms, stock areas, bathrooms, basements or any portion of the business not
open to the public) is devoted to, or 25% or more of the revenue of the business is
derived from, items, merchandise or other materials distinguished or characterized by
an emphasis on material depicting, exposing, describing, discussing or relating to
specified sexual activities or specified anatomical areas.
C. ADULT CABARET. A business or establishment that provides
dancing or other live entertainment distinguished or characterized by an emphasis on:
(1) The depiction of specified sexual activities or specified
anatomical areas; or
(2) The presentation, display or depiction of matter that seeks
to evoke, arouse or excite sexual or erotic feelings or desire.
d. ADULT COMPANIONSHIP ESTABLISHMENT. A business or
establishment that excludes minors by reason of age and that provides the service of
engaging in or listening to conversation, talk or discussion distinguished or
characterized by an emphasis on specified sexual activities or specified anatomical
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areas.
e. ADULT CONVERSATION /RAP PARLOR. A business or
establishment that excludes minors by reason of age and that provides the services of
engaging in or listening to conversation, talk or discussion distinguished or
characterized by an emphasis on specified sexual activities or specified anatomical
areas.
f. ADULT HEALTH /SPORT CLUB. A health /sport club that excludes
minors by reason of age and that is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
g. ADULT HOTEL OR MOTEL. A hotel or motel that excludes minors
by reason of age and that presents material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas.
h. ADULT MASSAGE PARLOR/HEALTH CLUB. A massage parlor
or health club that excludes minors by reason of age and that provides massage
services distinguished or characterized by an emphasis on specified sexual activities or
specified anatomical areas.
i. ADULT MINI - MOTION PICTURE THEATER. A business or
establishment with a capacity of less than 50 persons that presents material
distinguished or characterized by an emphasis on specified sexual activities or
specified anatomical areas.
j. ADULT MODELING STUDIO. A business or establishment that
provides figure models who, with the intent of providing sexual stimulation or sexual
gratification, engage in specified sexual activities or display specified anatomical areas
while being observed, painted, painted upon, sketched, drawn, sculptured,
photographed or otherwise depicted.
k. ADULT MOTION PICTURE ARCADE. Any place to which the
public is permitted or invited where coin or slug- operated or electronically, electrically
or mechanically controlled or operated still or motion picture machines, projectors or
other image- producing devices are used to show images to five or fewer persons per
machine at any one time and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas.
I. ADULT MOTION PICTURE THEATER. A motion picture theater
with a capacity of 50 or more persons that as a prevailing practice excludes minors by
reason of age or that as a prevailing practice presents material distinguished or
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characterized by an emphasis on specified sexual activities or specified anatomical
areas for observation by patrons.
M. ADULT NOVELTY BUSINESS. An establishment or business that
devotes 25% or more of its floor area (not including storerooms, stock areas,
bathrooms, basements or any portion of the business not open to the public) to, or
derives 25% or more of its revenues from items, merchandise or devices that either
simulate specified sexual activities or specified anatomical areas or are designed for
sexual stimulation.
n. ADULT SAUNA. A sauna that excludes minors by reason of age
and that provides a steam bath or heat bathing room used for the purpose of bathing,
relaxation or reducing, if the service provided by the sauna is distinguished or
characterized by an emphasis on specified sexual activities or specified anatomical
areas.
o. ADULT STEAM ROOM /BATHHOUSE FACILITY. A building or
portion of a building used for providing a steam bath or heat bathing room used for the
purpose of pleasure, bathing, relaxation or reducing, if the building or portion of a
building restricts minors by reason of age and if the service provided by the steam
room /bathhouse facility is distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas.
NUDE or SPECIFIED ANATOMICAL AREAS. This term means:
a. Less than completely and opaquely covered human genitals, pubic
regions, buttocks, anuses or female breasts below a point immediately above the top of
the areola; and
b. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. This term means:
a. Actual or simulated: sexual intercourse; oral copulation; anal
intercourse; oral -anal copulation; bestiality; direct physical stimulation of unclothed
genitals; flagellation or torture in the context of a sexual relationship; the use of
excretory functions in the context of a sexual relationship; anilingus; buggery;
coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia;
piquerism; sapphism; or zooerastia;
b. Clearly depicted human genitals in the state of sexual stimulation,
arousal or tumescence;
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C. Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation;
d. Fondling or touching of nude human genitals, pubic regions,
buttocks or female breasts;
e. Situations involving a person or persons, any of whom are nude,
who are clad in undergarments or in sexually revealing costumes and engaged in the
flagellation, torture, fettering, binding or other physical restraint of any person;
f. Erotic or lewd touching, fondling or other sexually oriented contact
with an animal by a human being; or
g. Human excretion, urination, menstruation or vaginal or anal
irrigation.
(1987 Code, § 309.02)
309.03 LOCATION.
An adult establishment may not be located within 200 feet of any
residentially -zoned property boundary or any church site, school site, day care facility,
park or within ten feet of a business licensed under Title 400 of this code. An adult
establishment may not be located within 200 feet of another adult establishment. For
purposes of this chapter, this distance is a horizontal measurement from the main
public entrance of the adult establishment to: the nearest point of a residentially -zoned
property boundary; the property line of a church site, school site, day care facility, park
or business licensed under Title 400 of this code; and the main public entrance of
another adult establishment.
(1987 Code, § 309.03)
309.04 HOURS OF OPERATION.
An adult establishment may not be open to the public between the hours of
10:00 p.m. and 8:00 a.m.
(1987 Code, § 309.04)
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309.05 ADDITIONAL CONDITIONS FOR ADULT CABARETS.
The following additional conditions apply to adult cabarets:
Subd. 1. An owner, operator or manager of an adult cabaret may not allow any
dancer or other live entertainer to display specified anatomical areas or to display or
perform specified sexual activities on the premises of the adult cabaret;
Subd. 2. A dancer, live entertainer, performer, patron or any other person may not
display specified anatomical areas in an adult cabaret;
Subd. 3. The owner, operator or manager of an adult cabaret must provide the
following information to the city concerning any person who dances or performs live
entertainment at the adult cabaret: the person's name, home address, home telephone
number, date of birth and any aliases;
Subd. 4. A dancer, live entertainer or performer may not be under 18 years old;
Subd. 5. Dancing or live entertainment must occur on a platform intended for that
purpose and that is raised at least two feet from the level of the floor;
Subd. 6. A dancer or performer may not perform a dance or live entertainment
closer than ten feet from any patron;
Subd. 7. A dancer or performer may not fondle or caress any patron and no patron
may fondle or caress any dancer or performer;
Subd. 8. A patron may not pay or give any gratuity to any dancer or performer; and
Subd. 9. A dancer or performer may not solicit or accept any pay or gratuity from
any patron.
(1987 Code, § 309.05)
309.06 LICENSE REQUIRED
Subd. 1. A person may not own or operate an adult establishment without having
first secured a license as provided for in this chapter. Notwithstanding any other
provision of this code to the contrary, the procedures set forth in this chapter establish
the exclusive method for obtaining an adult establishment license.
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Subd. 2. The application for an adult establishment license must be submitted on a
form provided by the city and must include:
a. If the applicant is an individual, the name, residence, phone
number and birth date of the applicant. If the applicant is a partnership, the name,
residence, phone number and birth date of each general and limited partner. If the
applicant is a corporation, the names, residences, phone numbers and birth dates of all
persons holding more than 5% of the issued and outstanding stock of the corporation;
b. The name, address, phone number and birth date of the operator
and manager of the adult establishment, if different from the owner's;
C. The address and legal description of the premises where the adult
establishment is to be located;
d. A statement detailing any gross misdemeanor or felony convictions
relating to sex offenses, obscenity or the operation of an adult establishment or adult
business by the applicant, operator or manager and whether or not the applicant,
operator or manager has ever applied for or held a license to operate a similar type of
business in another community. In the case of a corporation, a statement detailing any
felony convictions by the owners of more than 5% of the issued and outstanding stock
of the corporation and whether or not those owners have ever applied for or held a
license to operate a similar type of business in another community;
e. The activities and types of business to be conducted;
f. The hours of operation;
g. The provisions made to restrict access by minors; and
h. A building plan of the premises detailing all internal operations and
activities.
Subd. 3. The license fee provisions for adult establishments are as follow:
a. The annual license fee is set by Council ordinance;
b. An application for a license must be submitted to the City
Administrator /Clerk and accompanied by payment of the required license fee. Upon
rejection of an application for a license, the city will refund the license fee;
C. Licenses will expire on December 31 in each year. Each license
will be issued for a period of one year, except that if a portion of the license year has
elapsed when the application is made, a license may be issued for the remainder of the
year for a pro rated fee. In computing a pro rated fee, any unexpired fraction of a month
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will be counted as one month;
d. No part of the fee paid by any license will be refunded, except that
a pro rata portion of the fee will be refunded in the following instances upon application
to the City Council within 30 days from the happening of one of the following events,
provided that the event occurs more than 30 days before the expiration of the license:
(1) Destruction or damage of the licensed premises by fire or
other catastrophe;
(2) The licensee's illness, if the illness renders the licensee
unable to continue operating the licensed adult establishment;
(3) The licensee's death; or
(4) A change in the legal status making it unlawful for the
licensed business to continue;
e. An application must contain a provision in bold print indicating that
withholding information or providing false or misleading information will be grounds for
denial or revocation of a license. Changes in the information provided on the
application or provided during the investigation must be brought to the attention of the
City Council by the applicant or licensee. If a change takes place during the
investigation, it must be reported to the police chief or the City Administrator /Clerk in
writing and they will report it to the City Council. A failure by an applicant or licensee to
report a change may result in a denial or revocation of a license.
Subd. 4. All initial applications shall be accompanied by a non - refundable
investigation fee as provided in § 1301.02 of this code. The investigative fee for an
adult establishment license is established by City Council ordinance.
Subd. 5. The procedures for granting an adult establishment license are as follow:
a. The Chief of Police will conduct and complete an investigation
within 30 days after the City Administrator /Clerk receives a complete application and all
license and investigative fees;
b. If the application is for a renewal, the applicant will be allowed to
continue business until the City Council has determined whether to renew or refuse to
renew a license;
C. If, after the investigation, it appears that the applicant and the
place proposed for the business are eligible for a license, then the license will be
issued by the City Council within 30 days after the investigation is completed. If the
City Council fails to act within 30 days after the investigation is completed, the
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application will be deemed approved;
d. A license will be issued to the applicant only and is not transferable
to another holder. Each license will be issued only for the premises described in the
application. A license may not be transferred to another premise without the approval
of the City Council. If the licensee is a partnership or a corporation, a change in the
identity of any partner or holder of more than 5% of the issued and outstanding stock of
the corporation will be deemed a transfer of the license. Adult establishments existing
at the time of the adoption of this chapter must obtain an annual license.
Subd. 6. A license will not be granted to or held by a person who-
a. Is under 21 years of age;
b. Who is overdue or whose spouse is overdue in payments to the
city, county or state of taxes, fees, fines or penalties assessed against them or imposed
upon them;
C. Who has been convicted or whose spouse has been convicted of a
gross misdemeanor or felony or of violating any law of this state or local ordinance
relating to sex offenses, obscenity offenses or adult establishments;
d. Who is not the proprietor of the establishment for which the license
is issued;
e. Who is residing with a person who has been denied a license by
the city or any other Minnesota municipal corporation to operate an adult establishment
or residing with a person whose license to operate an adult establishment has been
suspended or revoked within the preceding 12 months; or
f. Who has not paid the license and investigative fees required by
this chapter.
Subd. 7. An adult establishment license will not be granted for
a. Any adult establishment on premises where the applicant or any of
its officers, agents or employees has been convicted of a violation of this section or
where a license hereunder has been revoked for cause until one year has elapsed after
the conviction or revocation;
b. Any adult establishment that is not in full compliance with the City
Code and all provisions of state and federal law; or
C. Any premises that are licensed under Title 400 of this code.
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Subd. 8. A license is subject to the provisions of this section and of any applicable
chapters of the City Code and all provisions of state and federal law.
Subd. 9. Licensed premises must have the license posted in a conspicuous place
at all times.
Subd. 10. A minor may not be permitted on the licensed premises.
Subd. 11. Any designated inspection officer of the city has the right to enter, inspect
and search the premises of a licensee during business hours.
Subd. 12. The licensee is responsible for the conduct of the licensed place of
business and must maintain conditions of order.
Subd. 13. Adult goods or materials may not be offered, sold, transferred, conveyed,
given or bartered to a minor or displayed in a fashion that allows them to be viewed by
a minor, whether or not the minor is on the licensed premises.
Subd. 14. The licensee must keep itemized written records of all transactions
involving the sale or rental of all items or merchandise for at least one year after the
transaction. At a minimum, those records must describe the date of the transaction, a
description of the transaction, the purchase price or rental price and a detailed
description of the item or merchandise that is being purchased or rented. These written
records must be provided to the city upon request.
Subd. 15. Suspensions, revocations and nonrenewals of adult establishment
licenses are governed by the following provisions:
a. A violation of this section is a basis for the suspension or
revocation of a license granted hereunder. In the event that the City Council proposes
to revoke or suspend the license, the licensee must be notified in writing of the basis
for the proposed revocation or suspension. The Council will hold a hearing for the
purpose of determining whether to revoke or suspend the license. The hearing must be
within 30 days of the date of the notice. The City Council must determine whether to
suspend or revoke a license within 30 days after the close of the hearing or within 60
days of the date of the notice, whichever is sooner. The Council must notify the
licensee of its decision within that period.
b. If the Council determines to suspend or revoke a license, the
suspension or revocation is not effective until 15 days after notification of the decision
to the licensee. If, within that 15 days, the licensee files and serves an action in state
or federal court challenging the Council's action, then the suspension or revocation is
stayed until the conclusion of the action.
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C. If the City Council determines not to renew a license, the licensee
may continue its business for 15 days after receiving notice of the non - renewal. If the
licensee files and serves an action in state or federal court within that 15 days for the
purpose of determining whether the city acted properly, the licensee may continue in
business until the conclusion of the action.
d. If the City Council does not grant a license to an applicant, then the
applicant may commence an action in state or federal court within 15 days for the
purpose of determining whether the city acted properly. The applicant may not
commence doing business unless the action is concluded in its favor.
(1987 Code, § 309.06)
C HAPTE R 310
LAWN FERTILIZER APPLICATION CONTROL
Section
310.01 Purpose
310.02 Definitions
310.03 Regulations for commercial lawn fertilizer applicators
310.04 General regulations
310.05 Exemption to phosphorous requirement
310.06 Penalty
310.01 PURPOSE.
The city has considered expert testimony and has reviewed existing data to
determine the current and projected water quality of various lakes within its community.
The data indicates that lake water quality may be maintained and improved if the city is
able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as
a result of storm water runoff or other causes. The purpose of this chapter is to
establish regulations that will aid the city in managing and protecting its water
resources that are enjoyed by its residents and other users.
(1987 Code, § 310.01)
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310.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
COMMERCIAL APPLICATOR. A person who is engaged in the business of
applying fertilizer for hire.
FERTILIZER. A substance containing one or more recognized plant nutrients
that is used for its plant nutrient content and designed for use or claimed to have value
in promoting plant growth. Fertilizer does not include animal and vegetable manures
that are not manipulated, marl, lime, limestone and other products exempted by rule by
the Minnesota Commissioner of Agriculture.
NONCOMMERCIAL APPLICATOR. A person who applies fertilizer during the
course of employment, but who is not a commercial lawn fertilizer applicator.
PESTICIDE. A substance or mixture of substances intended to prevent, destroy,
repel or mitigate a pest and a substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant.
(1987 Code, § 310.02)
310.03 REGULATIONS FOR COMMERCIAL LAWN FERTILIZER APPLICATORS.
Subd. 1. License required. No person, firm, corporation or franchise shall engage
in the business of commercial lawn fertilizer applicator within the city unless a license
has been obtained from the City Administrator /Clerk or a designee as provided herein.
Subd. 2. License application procedure. Applicants for a commercial lawn fertilizer
applicator license shall be submitted to the City Administrator /Clerk or a designee. The
application shall consist of the following:
a. Application form. Application forms shall be provided by the city
and shall include the following information:
(1) Name, address and telephone number of applicant and any
individuals authorized to represent the applicant;
(2) Description of lawn fertilizer formula proposed to be applied
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on lawns within the city;
(3) A time schedule for application of lawn fertilizer and
identification of weather conditions acceptable for lawn fertilizer application;
b. Minnesota state licenses. A copy of all licenses required of the
applicant by the State of Minnesota regarding the application of pesticides and
fertilizers;
C. License fee. The license fee as established in Chapter 13 of the
City Code. The license shall expire on the last day of February. The license fee shall
not be prorated.
d. Certificate of insurance. A copy of the applicator's current
certificate of insurance.
Subd. 3. Conditions of license. Commercial lawn fertilizer applicator licenses shall
be issued subject to the following conditions that shall be specified on the license form-
a. Random sampling. Commercial lawn fertilizer applicators shall
permit the city to sample any commercial lawn fertilizer applications to be applied within
the city at any time after issuance of the initial license;
b. Possession of license. The commercial lawn fertilizer license, or a
copy thereof, shall be in the possession of any party employed by the commercial lawn
fertilizer applicator when making lawn fertilizer applications within the city;
C. Possession of Product Material Safety Data Sheet. The Product
Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of the
commercial lawn fertilizer applicator.
d. State regulations. Licensee shall comply with the provisions of the
Minnesota Fertilizer, Soil Amendment and Plant Amendment Law, M.S. Chapter 18C,
as it may be amended from time to time. The license shall also comply with the
provisions of the Pesticide Control as contained in M.S. Chapter 18B.
(1987 Code, § 310.03) (Am. Ord. 391, passed 11 -12 -2002)
310.04 GENERAL REGULATIONS.
Subd. 1. Time of application. Neither commercial applicators nor noncommercial
applicators may apply lawn fertilizer when the ground is frozen or when conditions exist
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that will promote or create runoffs
Subd. 2. Sample analysis cost. The cost of analyzing fertilizer samples taken from
commercial applicators shall be paid by the commercial applicators if the sample
analysis indicates that phosphorus content exceeds the levels authorized herein.
Subd. 3. Fertilizer content. No person, firm, corporation, franchise or commercial
or noncommercial applicator, including homeowners or renters, shall apply any lawn
fertilizer, liquid or granular, within the City of Shorewood that contains any amount of
phosphorous or other compound containing phosphorous, such as phosphate, except:
a. The naturally occurring phosphorous in unadulterated natural or
organic fertilizing products such as yard waste compost;
b. Or as otherwise provided in § 310.05.
Subd. 4. Sale of fertilizer containing phosphorous. Effective 1 January 2003, no
person, firm, corporation, franchise or commercial establishment shall sell any lawn
fertilizer, liquid or granular, within the City of Shorewood that contains any amount of
phosphorous or other compound containing phosphorous, such as phosphate, except:
a. Small quantities of the fertilizer may be sold for use as provided in
§ 310.05. Displays of lawn fertilizer containing phosphorous shall be limited to 10% of
the quantity of non- phosphorous lawn fertilizer on display at any given time;
b. Displays of the fertilizer must be clearly marked as containing
phosphorous and must be separated from the display of other fertilizers by no less than
eight feet;
C. For each sale of the fertilizer the seller shall provide the buyer with
a copy of this chapter of the Shorewood City Code.
Subd. 5. Impervious surfaces and drainage ways. No person shall apply fertilizer
to impervious surfaces, areas within drainage ditches or waterways.
Subd. 6. Bufferzone. Fertilizers and pesticides shall not be applied:
a. To any established natural buffer zones as outlined in § 1102.067
Subd. 2 of this code.
b. Below the ordinary high water level of any lake as established by
the Minnesota Department of Natural Resources; or
C. Within ten feet of any wetland or water resource.
Subd. 7. Warning signs for pesticide application. All commercial or noncommercial
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lawn fertilizer applicators that apply pesticides to turf areas must post or affix warning
signs on the property where the pesticides are applied. The warning signs shall
comply with the following criteria and contain the following information:
a. The warning signs must project at least 18 inches above the top of
the grass line. The warning signs must be of a material that is rain resistant for at least
a 48 hour period and must remain in place for at least 48 hours from the time of initial
application;
b. The following information must be printed on the warning signs in
contrasting colors and capitalized letters measuring at least one -half inch or in another
format approved by the Minnesota Commissioner of Agriculture. The signs must
provide the following information:
(1) The name of the business, entity or person applying the
pesticide; and
(2) The following language: "This area chemically treated.
Keep children and pets off until (date of safe entry)" or a universally accepted symbol
and text approved by the Minnesota Commissioner of Agriculture as recognized as
having the same meaning or intent as specified in this subsection. The warning signs
may include the name of the pesticide used.
C. The warning sign must be posted on a lawn or yard between two
feet and five feet from the sidewalk or street. For parks, golf courses, athletic fields,
playgrounds or other similar recreational property, the warning signs must be posted
immediately adjacent to areas within the property where pesticides have been applied
and at or near the entrance to the property.
(1987 Code, § 310.04) (Am. Ord. 377, passed 1 -14 -2002)
310.05 EXEMPTION TO PHOSPHOROUS REQUIREMENT.
Subd. 1. The prohibition against use of fertilizer containing any quantity of
phosphorous under § 310.04 shall not apply to:
a. Newly established or developed turf and lawn areas during first
growing season; or
b. Turf and lawn areas which soil tests confirm are below
phosphorous levels established by the University of Minnesota Extension Services. The
lawn fertilizer application shall not contain an amount of phosphorous exceeding the
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amount of phosphorous and the appropriate application rate recommended in the soil
test evaluation.
Subd. 2. Phosphorus applied as lawn fertilizer pursuant to the aforementioned
exemptions shall be watered into the soil where it is immobilized and generally
protected from loss by runoff.
Subd. 3. Any person, firm, corporation, franchise or commercial or noncommercial
applicator, including a homeowner or renter, shall notify the city at least 24 hours prior
to applying lawn fertilizer containing phosphorous of the reason for using fertilizer
containing phosphorous and the amount of phosphorous contained in the lawn fertilizer
to be applied.
(1987 Code, § 310.05)
310.06 PENALTY.
Any person violating this chapter shall be guilty of a petty misdemeanor. The city
may revoke a commercial applicator's license for repeat violations of this chapter.
(1987 Code, § 310.06) Penalty, see § 104.01
Section
311.01
311.02
311.03
311.04
311.05
311.06
311.07
311.08
311.09
CHAPTER 311
THERAPEUTIC MASSAGE LICENSING
Purpose
Definitions
License
Fees
General conditions of license
Educational requirements
Exceptions to licensing requirements
License restrictions and regulations
Violations
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311.01 PURPOSE.
The purpose of this chapter is to regulate therapeutic massage services and
provide for the licensing thereof.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
MASSAGE THERAPY. A scientific health care or health maintenance technique
or procedure carried out by a massage therapist, involving the massaging, kneading,
rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin,
muscles and tissues for no other purpose than physical fitness, health -care referral,
healing relaxation or beautification.
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 confines his or her treatment to the
scalp, face and neck; who for compensation practices and provides massage therapy;
and who has a certificate of completion with a minimum of 500 hours of class credits
from a recognized massage therapy school.
MASSAGE THERAPY BUSINESS. A place of business providing massage
therapy to the public for consideration. The term does not include a hospital,
sanitarium, rest home, nursing home, boarding home, or other institution for the
hospitalization or care of human beings, duly licensed under the provisions of M.S. §§
144.50 through 144.69.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.03 LICENSE.
It shall be unlawful to operate, offer, engage in, or carry on massage therapy
services in the city without first obtaining a massage therapy business license.
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Subd. 1. Application. All applications for a massage therapy business license,
whether submitted by an individual, corporation, partnership or other form of
organization, shall contain, at minimum, the following:
a. The name and date of birth of the owner of the business. If
a partnership or corporation, the names and dates of birth for all owners must be
provided.
b. Information on other personal or business names the
applicant, partners or officers have used or by which they have been known.
C. Information as to whether the applicant, partners or officers
have been convicted of a felony, crime or ordinance violation other than minor traffic
offenses, and if so, the date, place and conviction.
d. Floor plan of the premises in which the massage therapy
services will be conducted, showing areas where massage therapy will be performed.
e. If an individual, proof the individual completed the
necessary course work, training and hours required to be a certified massage therapist
from a certified massage therapy school, pursuant to § 311.06 of this chapter.
f. Proof of general liability insurance of at least $1,000,000.
Subd. 2. Term. All licenses issued under this chapter shall expire on the last day
of December of each year.
Subd. 3. Renewals. Licenses must be renewed annually. The renewal application
shall be accompanied by an annual fee as provided in § 1301.02 of this code.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012) Penalty, see §
104.01
311.04 FEES.
All initial applications shall be accompanied by a non - returnable license fee as
provided in § 1301.02 of this code. Licenses are issued for the calendar year; if a
portion of the license year has elapsed when the initial application is made, a license
may be issued for the remainder of the year for a pro rata fee. In computing the fee,
any unexpired fraction of a month shall be counted as one month.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
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311.05 GENERAL CONDITIONS OF LICENSE.
Subd. 1. Therapists. The holder of a massage therapy business license shall
adhere to the following conditions:
a. Hire only massage therapists 18 years of age or older.
b. Hire only massage therapists qualified as set forth in §
311.06 of this chapter.
C. Maintain necessary hiring records on the premises,
documenting the training, certification and contact information of each therapist
pursuant to § 311.06 of this chapter.
Subd. 2. Access to records. The owner, general manager of the facility, or
someone authorized to access employment records must be present during business
hours and allow city inspection staff access to documentation in order to verify
compliance with this section.
Subd. 3. Insurance. Each holder of a massage therapy business license shall
carry general liability insurance in the amount of $1,000,000.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.06 EDUCATIONAL REQUIREMENTS.
The massage therapy business must maintain records for each massage
therapist hired on the premises, furnishing proof that each therapist has met the
following:
Subd. 1. Educational requirement. Each therapist must have:
a. A diploma or certificate of graduation from a school approved by
the American Massage Therapist Association or other similar reputable massage
association; or
b. A diploma or certificate of graduation from a school which is either
accredited by a recognized educational accrediting association or agency, or is
recognized by the Minnesota Higher Education Coordinating Board or other state
agency having jurisdiction over the school.
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Subd. 2. Areas of training. Each applicant shall also furnish proof at the time of
application of a minimum of 500 hours of successfully completed course work in the
following areas:
a. The theory and practice of massage, including, but not limited to,
Swedish, esalen, shiatsu and /or foot reflexology techniques; and
b. Anatomy, including, but not limited to, skeletal and muscular
structure and organ placement and physiology; and
C. Hygiene.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.07 EXCEPTIONS TO LICENSING REQUIREMENTS.
This chapter shall not apply to persons in the following professions:
Subd. 1. Medical professionals. A state - licensed physician, chiropractor,
osteopath, podiatrist, nurse, physical therapist or assistant working under the direction
of any of the above - described professionals;
Subd. 2. Physical therapists. A state - licensed physical therapist, athletic director
or trainer or an assistant working under the direction of any of the above - described
professionals;
Subd. 3. Beauticians and barbers. A state - licensed beautician or barber, provided
treatment is limited to the scalp, face and neck.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.08 LICENSE RESTRICTIONS AND REGULATIONS.
All massage therapist licensees shall:
Subd. 1. Display license. Display current license in a prominent place at the place
of business;
Subd. 2. Identification. Upon demand of any police officer or city inspections staff
at the place of business, produce correct identification;
Subd. 3. Location limited. Practice massage only at the location as is designated
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in the license;
Subd. 4. Change in location. Inform the City Administrator /Clerk in writing of any
change in location prior to the change;
Subd. 5. Use of controlled substances. Refrain from the use of and not be under
the influence of alcoholic beverages or any controlled substance as defined in
Minnesota Statutes while practicing massage therapy;
Subd. 6. Appropriate covering. Require that a person who is receiving a massage
shall have his or her genital areas covered with an appropriate opaque covering.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
311.09 VIOLATIONS.
Subd. 1. Misdemeanor. Every person who commits or attempts to commit,
conspires to commit or aids or abets in the commission of any act constituting a
violation of this chapter, whether individually of in connection with one or more persons,
or as principal, agent or accessory, shall be guilty of a misdemeanor, and every person
who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits
or directs another to violate any of the provisions of this chapter is likewise guilty of a
misdemeanor. Each violation of this chapter shall constitute a separate offense.
Subd. 2. Conviction /penalty. Conviction of a violation of this chapter shall be
grounds for administrative enforcement pursuant to § 104.03 of this code, or
suspension or revocation of any license issued hereunder.
(Am. Ord. 373 -b, passed 8 -27 -2001; Am. Ord. 490, passed 2 -13 -2012)
CHAPTER 312
FIREWORKS DEALERS LICENSE FEES AND SALE OF
PERMITTED CONSUMER FIREWORKS
Section
312.01 Purpose and findings
312.02 Definitions
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312.03 License required
312.04 License fee and term of license
312.05 Mobile sales or sales by transient merchants
312.06 License application
312.07 Insurance required
312.08 License application verification and consideration
312.09 Persons and locations ineligible for a license
312.10 License restrictions
312.11 Restrictions regarding operation
312.12 Sanctions for license violations
312.13 Penalty
312.01 PURPOSE AND FINDINGS.
Subd. 1. The purpose of this chapter is to regulate the sale of permitted consumer
fireworks in order to protect the health, safety and welfare of the general public.
Subd. 2. The City Council makes the following findings regarding the need to
license and regulate the sale, distribution, storage and display of fireworks permitted
under state law:
a. Consumer fireworks contain pyrotechnic chemical compositions
that are combustible; accordingly, the unregulated accumulation, storage, display and
sale of these items present a fire safety hazard;
b. The improper disposal of consumer fireworks presents
environmental hazards;
C. Regular inspection, sampling and testing of the consumer fireworks
being offered for sale is necessary to assure compliance with the limitations set forth in
M.S. § 624.20, subd. 1(c), as to chemical content;
d. Regular police inspections are necessary to prevent the sale of
these materials to minors;
e. Regular inspections by the Fire Marshal are necessary to prevent
improper display, storage and disposal of consumer fireworks;
f. Accurate information concerning the addresses and locations of
persons dealing in permitted consumer fireworks in the city is necessary to facilitate the
inspection of the premises for compliance with necessary safety regulations and
performance standards and to assist the city in responding to any emergency situation
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arising out of or adjacent to this business.
(Am. Ord. 386, passed 6 -10 -2002)
312.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ADULT. A person 18 years of age or older.
BUSINESS. The business of selling, storing or displaying any form of permitted
consumer fireworks.
ISSUING AUTHORITY. The City of Shorewood License Section.
LICENSED PREMISES. The premises described in the approved license
application and approved site plan for the sale, display and storage of permitted
consumer fireworks.
LICENSEE. The person to whom a license is issued under this chapter,
including any agents or employees of the person.
MOVABLE PLACE OF BUSINESS. A business whose physical location is not
permanent or is capable of readily being moved or changed, including without limitation
commercial transactions conducted in whole or in part from motorized vehicles,
non - permanent stands, mobile sales kiosks, trailers, tents or carts.
PERMITTED CONSUMER FIREWORKS. Those nonexplosive, non - aerial
pyrotechnic entertainment devices containing only the limited amounts of pyrotechnic
chemical compositions permitted by M.S. § 624.20, subd. 1(c).
PERSON. One or more natural persons; a partnership, including a limited
partnership; a corporation, including a foreign, domestic or nonprofit corporation; a
trust; a political subdivision of the state; or any other business organization.
TRANSIENT MERCHANT. Any person who engages in or transacts any
temporary and transient business in the city, either in one locality or in traveling from
place to place in the city selling merchandise and who, for the purpose of carrying on
the business, hires, leases, occupies or uses a building, stand, tent, trailer, cart,
structure, vacant lot or motor vehicle for the exhibition and sale of the merchandise.
(Am. Ord. 386, passed 6 -10 -2002)
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312.03 LICENSE REQUIRED.
No person shall keep for retail sale or wholesale distribution, sell at retail or
wholesale or otherwise supply or furnish as part of a commercial transaction any
permitted consumer fireworks without first having obtained a current license hereunder,
paid the required license fee and conspicuously posted the license on the licensed
premises. Issuance of a license under this chapter shall not relieve the person from
obtaining any other licenses required by City Code, state law or federal law to conduct
this or other businesses at the same or any other location.
(Am. Ord. 386, passed 6 -10 -2002)
312.04 LICENSE FEE AND TERM OF LICENSE.
Subd. 1. The annual license fee shall be as set forth in § 1301.02 of this code. The
license fee shall cover the administrative and enforcement costs, including the conduct
of unannounced compliance checks, inspections by the Fire Marshal, inspections by
the Police Department, as well as sampling and testing of the merchandise to ascertain
chemical content. Full payment of the required license fee shall accompany the
application.
Subd. 2. When the license is for premises not ready for occupancy, the time fixed
for computation of the license fee for the initial license period shall be 90 days after
approval of the license or upon the date the building is ready for occupancy, whichever
is sooner.
Subd. 3. When a new license application is submitted as a result of incorporation
by an existing licensee and the ownership, control and interest in the license are
unchanged, no additional fee shall be required.
Subd. 4. A separate fee and license shall be required for each separate,
non - contiguous licensed premises, even if owned and operated by the same licensee.
The annual license shall be effective for one year from the date of approval. An
application for the renewal of an existing license shall be made prior to the expiration
date of the license and shall be made in the form as the Issuing Authority requires.
(Am. Ord. 386, passed 6 -10 -2002)
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312.05 MOBILE SALES OR SALES BY TRANSIENT MERCHANTS.
Sales of consumer fireworks from temporary or non - permanent locations must
conform to the requirements of Chapter 1201.21, Subds. 4d and 4e. No license shall
be issued hereunder to transient merchants or as a seasonal or temporary sale's
license.
(Am. Ord. 386, passed 6 -10 -2002)
312.06 LICENSE APPLICATION.
An application for a license under this chapter shall be made on a form supplied
by the Issuing Authority and shall contain the following information:
Subd. 1. Whether the applicant is a natural person, corporation, partnership or any
other business association or organization;
Subd. 2. The applicant's full legal name, mailing address and telephone number;
Subd. 3. The street address or legal description of the premises to be licensed;
Subd. 4. Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not paid, the years and
amounts that are unpaid;
Subd. 5. Whenever the application is for premises either planned or under
construction or undergoing substantial alteration, the application shall be accompanied
by a set of preliminary plans showing the design of the proposed premises to be
licensed. If the plans or design are on file with the City of Shorewood Building and
Inspection Department, no plans need be submitted with the Issuing Authority;
Subd. 6. If the applicant does not own the business premises, a true and correct
copy of the current, executed lease, as well as the written authorization of the property
owner for the applicant's use of the property for the sale of permitted consumer
fi reworks;
Subd. 7. The applicant's hours of operation, on -site management and parking
facilities;
Subd. 8. A detailed site plan illustrating and describing the proposed sales and
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storage areas covered by the license;
Subd. 9. The full name, mailing address and telephone number of the person in
charge of the licensed premises;
Subd. 10. The other information as the City Council or Issuing Authority may
require.
(Am. Ord. 386, passed 6 -10 -2002)
312.07 INSURANCE REQUIRED.
Subd. 1. All licensees must have at all times a valid certificate of insurance issued
by an insurance company licensed to do business in the State of Minnesota evidencing
that the applicant's use of the property is currently covered by a liability insurance
policy. The minimum limits of coverage for the insurance shall be:
a. Each claim, at least $200,000;
b. Each incident, at least $500,000.
Subd. 2. The insurance shall be kept in force during the term of the license and the
licensee must provide for prior notification to the City of Shorewood should the policy
be terminated or canceled. A certificate of insurance must accompany all initial and
renewal license applications.
(Am. Ord. 386, passed 6 -10 -2002)
312.08 LICENSE APPLICATION VERIFICATION AND CONSIDERATION.
Subd. 1. Verification. Applications for a license under this chapter shall be
submitted to the Issuing Authority who shall verify the information on the application
form. The Issuing Authority is empowered to conduct any and all investigations to
verify the information on the application, including ordering a computerized criminal
history inquiry and /or a driver's license history inquiry on the applicant.
Subd. 2. Consideration. After verifying the information contained on the license
application, the Issuing Authority shall then route the application to the Fire Marshal
who shall review the site plan and determine if the manner of storage, display or sales
area of the licensed premises constitutes a fire or safety hazard. In assessing the
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potential hazard, reference shall be made to all applicable state and federal laws, rules
and regulations, as well as the administrative standards for the storage, display and
sales of permitted consumer fireworks established by the Fire Marshal. If the Fire
Marshal finds no hazard with the proposed site plan, the Issuing Authority shall grant
the license in accordance with this chapter. If an application is granted for a location
where a building is under construction or not ready for occupancy, the license shall not
be delivered to the licensee until a certificate of occupancy has been issued for the
licensed premises.
Subd. 3. Denial of application. If the application is denied, the Issuing Authority
shall notify the applicant of that determination in writing. The notice shall be mailed by
certified and regular mail to the applicant at the address provided in the application,
and it shall inform the applicant of the applicant's right within 20 days after the date of
the notice to request an appeal of the denial to the City Council. If an appeal to the
City Council is timely received by the Issuing Authority, the hearing before the City
Council shall take place within a reasonable period thereafter.
(Am. Ord. 386, passed 6 -10 -2002)
312.09 PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.
Subd. 1. Persons ineligible. No original or renewal license under this chapter shall
be issued to an applicant who if the applicant or any manager, proprietor or agent in
charge of the business to be licensed:
a. Is not 18 years of age or older on the date the license application is
submitted to the Issuing Authority;
b. Has been convicted of any crime directly related to the occupation
licensed as prescribed by M.S. § 364.03, subd. 2 and has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties of a
purveyor of permitted consumer fireworks as prescribed by M.S. § 364.03, subd. 3;
C. Is not of good moral character or repute;
d. Has knowingly falsified or misrepresented information on the
license application;
e. Is not the real party in interest in the business being licensed; or
f. Owes taxes or assessments to the state, county, school district or
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city that are due and delinquent
Subd. 2. Locations ineligible. The following locations shall be ineligible for a license
under this chapter.
a. Claims due. No license shall be granted or renewed for operation
on any property on which taxes, assessments or other financial claims of the state,
county, school district or city are due, delinquent or unpaid. In the event a suit has
been commenced under M.S. §§ 278.01- 278.13 questioning the amount or validity of
taxes, the City Council may on application waive strict compliance with this provision;
no waiver may be granted, however, for taxes or any portion thereof which remain
unpaid for a period exceeding one year after becoming due.
b. Improper zoning. No license shall be granted if the property is not
properly zoned for the activity being licensed under Chapter 19 of this code, unless the
business is a legal, nonconforming use.
(Am. Ord. 386, passed 6 -10 -2002)
312.10 LICENSE RESTRICTIONS.
Subd. 1. License display. A license issued under this chapter must be posted in a
conspicuous place in the premises for which it is used. The license issued is only
effective for the compact and contiguous space specified in the approved license
application.
Subd. 2. Licensed premises. A separate license is required for each place of
business.
Subd. 3. Change in ownership. Any change, directly or beneficially, in the
ownership of the licensed business shall require the application for a new license and
the new owner must satisfy all current eligibility requirements.
Subd. 4. Nontransferable. Each license under this chapter shall be issued to the
applicant only and shall not be transferable to any other person. No licensee shall
loan, sell, give or assign a license to another person.
Subd. 5. Location restrictions. A license under this chapter authorizes the licensee
to carry on its business only at the permanent place of business designated on the
license. However, upon written request, the city may approve an off -site locked and
secured storage facility. The a site must meet all city zoning requirements and must
have the written approval of the Fire Marshal. The licensee shall permit inspection of
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the facility in accordance with this chapter. Property shall be stored in compliance with
all provisions of the City Code and in compliance with the standards established by the
Fire Marshal. The licensee must either own the building in which the business is
conducted and any approved off -site storage facility or have a lease on the business
premises which extends for more than six months. No retail business transactions shall
be conducted at this off -site storage site.
(Am. Ord. 386, passed 6 -10 -2002)
312.11 RESTRICTIONS REGARDING OPERATION.
Subd. 1. Prohibited transactions. No licensee, clerk, agent or employee thereof
shall sell, distribute or furnish any permitted consumer fireworks to a person under the
age of 18 years, any person who is obviously intoxicated, chemically impaired or
incompetent or any person who fails to present competent age identification in the form
of a current, valid Minnesota driver's license, current, valid Minnesota identification
card or current, valid photo driver's license or photo identification issued by another
state or a province of Canada.
Subd. 2. Inspection of items. The licensee must, at all times during the term of the
license, allow the authorized agents of the City Police Department, the Fire Marshal or
Issuing Authority to enter the premises where the licensed business is located,
including all display areas, storage areas and all approved off -site storage facilities
during normal business hours or beyond normal business hours where the inspector
determines an emergency situation exists for the purpose of inspecting the premises
and inspecting the items, ware and merchandise therein for the purpose of verifying
compliance with the requirements of this chapter and any other applicable state and
federal regulations. Upon request, the licensee must provide a test sample to the
inspector for the purpose of verifying the chemical content of the merchandise.
Subd. 3. Maintenance of order. A licensee under this chapter shall be responsible
for the conduct of the business being operated and shall maintain conditions of order.
Subd. 4. Smoking prohibited. A licensee under this chapter must strictly prohibit
any cigarette, cigar or pipe smoking in or around the licensed premises and
conspicuously post and maintain appropriate "NO SMOKING" signage throughout.
Subd. 5. Proper disposal of unsold permitted consumer fireworks. It shall be the
responsibility of the licensee to properly dispose of all unsold permitted consumer
fireworks. Any consequential cost to the city for disposal of these goods shall be the
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ultimate responsibility of the licensee
Subd. 6. Maintenance of sales and storage areas. Any significant deviation,
enlargement or alteration from the approved site plan for the sales display and storage
areas covered by the license must be pre- approved in writing by Fire Marshal.
Subd. 7. Confiscation and destruction of illegal fireworks. Any authorized agent of
the Police Department or Fire Department may seize, take, remove or cause to be
removed all stocks of fireworks or other combustibles offered or exposed for sale,
stored or held in violation of this chapter or applicable state or federal law. Any
consequential cost to the city for disposal of these goods shall be the ultimate
responsibility of the licensee.
(Am. Ord. 386, passed 6 -10 -2002)
312.12 SANCTIONS FOR LICENSE VIOLATIONS.
Subd. 1. Suspension or revocation. The City Council may suspend or revoke a
license issued pursuant to this chapter for a violation of:
a. Fraud, misrepresentation or false statement contained in a license
application or a renewal application;
b. Fraud, misrepresentation or false statement made in the course of
carrying on the licensed occupation or business;
C. Any violation of this chapter or state law;
d. A licensee's criminal conviction that is directly related to the
occupation or business licensed as defined by M.S. § 364.03, subd. 2, provided that
the licensee cannot show competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the licensed occupation or business as defined by M.S.
§ 364.03, subd. 3;
e. Conducting the licensed business or occupation in an unlawful
manner or in a manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the community;
f. Any significant unauthorized deviation, enlargement or alteration of
the approved site plan for the storage and sales display areas of the licensed premises
shall, in and of itself, constitute a basis for license revocation.
Subd. 2. Notice of hearing. A revocation or suspension by the City Council shall
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be preceded by written notice to the licensee and a hearing. The notice shall give at
least eight days notice of the time and place of the hearing and shall state the nature of
the charges against the licensee. The notice shall be mailed by regular and certified
mail to the licensee at the most recent address listed on the license application.
(Am. Ord. 386, passed 6 -10 -2002)
312.13 PENALTY.
A violation of this chapter shall be a misdemeanor under Minnesota law.
(Am. Ord. 386, passed 6 -10 -2002) Penalty, see § 104.01
Subject
Chapter
Liquor Regulations
401
Consumption, Purchase and Possession of
Alcohol by Persons Under the Age of 21
402
CHAPTER 401
LIQUOR REGULATIONS
Section
401.01 Municipal Liquor Store abolished
401.02 State statutes adopted
401.03 Definitions
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401.04
License required
401.05
Classification of licenses
401.06
License and investigation fees
401.07
Licenses, number of
401.08
Persons ineligible for licenses
401.09
Application for a license
401.10
Licensing procedures
401.11
Renewal applications
401.12
Transfer of license
401.13
Restrictions on license
401.14
Term of license
401.15
Bond and insurance requirements
401.16
Conditions of license
401.17
Hours of operation
401.18
Prohibited acts and conditions
401.19
Suspension or revocation of license
401.20
Enforcement
401.21
Violation
401.22
License violation administrative penalties
401.01 MUNICIPAL LIQUOR STORE ABOLISHED.
The city has determined to abolish the operation of municipal liquor stores for
the off -sale of intoxicating liquor, effective on the date of the issuance of one or more
private off -sale intoxicating beverage licenses. Liquor may be sold elsewhere in the city
as provided by this chapter.
(Ord. 441, passed 11 -5 -2007)
401.02 STATE STATUTES ADOPTED.
The provisions of M.S. Chapter 340A, as they may be amended from time to
time, with reference to the definition of terms, conditions of operation, restrictions on
consumption, provisions relating to sales, hours of sale, and all other matters pertaining
to the retail sale, distribution, and consumption of intoxicating liquor and 3.2% malt
liquor are hereby adopted by reference and are made a part of this chapter as if set out
in full. It is the intention of the City Council that all future amendments to M.S. Chapter
340A are hereby adopted by reference or referenced as if they had been in existence
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at the time this chapter is adopted.
(Ord. 441, passed 11 -5 -2007)
401.03 DEFINITIONS.
In addition to or as a supplement to the definitions contained in M.S. §
340A.101, as it may be amended from time to time, the following terms are defined for
the purpose of this chapter.
ALCOHOLIC BEVERAGE. Any beverage containing more than one -half of 1 %
alcohol by volume and includes the term LIQUOR as used in this chapter.
CLUB. An incorporated organization organized under the laws of the state for
civic, fraternal, social, or business purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veterans' organization, which:
a. Has more than 30 members;
b. Has owned or rented a building or space in a building for more
than one year that is suitable and adequate for the accommodation of its members; and
C. Is directed by a board of directors, executive committee, or other
similar body chosen by the members at a meeting held for that purpose. No member,
officer, agent, or employee shall receive any profit from the distribution or sale of
beverages to the members of the club, or their guests, beyond a reasonable salary or
wages fixed and voted each year by the governing body.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for nonindustrial use.
EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale
of those items authorized by state law (M.S. § 340A.412, Subd. 14).
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous,
and malt beverages containing more than 3.2% of alcohol by weight.
MALT LIQUOR. Any beer, ale, or other beverage made from malt by
fermentation and containing not less that one -half of 1 % alcohol by volume.
MINOR. Any person under 21 years of age.
OFF -SALE. The sale of alcoholic beverages in original packages for
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consumption off the licensed premises only.
ON -SALE. The sale of alcoholic beverages for consumption on the licensed
premises only.
PACKAGE. A sealed or corked container of alcoholic beverages.
RESTAURANT. An establishment, other than a hotel, under the control of a
single proprietor or manager, where meals are regularly prepared on the premises and
served at tables to the general public, and having a minimum seating capacity for
guests as prescribed by the appropriate license issuing authority.
3.2% MALT LIQUOR. Malt liquor containing not less than one -half of 1%
alcohol by volume nor more than 3.2% alcohol by weight.
WINE. The product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine made from condensed grape
must, wine made from other agricultural products than sound, ripe grapes, imitation
wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance
containing not less than one -half of 1 % nor more than 24% alcohol by volume for
nonindustrial use. WINE does not include DISTILLED SPIRITS as defined by state
statute.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
401.04 LICENSE REQUIRED.
Except as provided in this chapter, no person may directly or indirectly, on any
pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without
having obtained the required license or permit.
(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
401.05 CLASSIFICATION OF LICENSES.
Licenses shall be of the following kinds:
Subd. 1. On -sale 3.2% malt liquor. These licenses may only be issued to
restaurants, hotels, clubs, golf courses, and establishments used exclusively for the
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sale of 3.2% malt liquor for consumption on the premises only
Subd. 2. On -sale intoxicating liquor licenses. These licenses may be issued only to
hotels, clubs, theaters, bowling centers, and restaurants and shall permit "on- sale" of
liquor only.
Subd. 3. On -sale wine licenses. These licenses shall be issued only to restaurants
with a seating capacity for not fewer than 25 guests meeting the qualifications of M.S. §
340A.404, Subd. 5, and shall permit only the sale of wine not exceeding 24% alcohol
by volume, for consumption on the licensed premises only, in conjunction with the sale
of food. A wine license authorizes the sale of wine on all days of the week. A holder of
an on -sale wine license who is also licensed to sell 3.2% malt liquor at on -sale
pursuant to M.S. § 340A.411, is allowed to sell intoxicating malt liquors at on -sale
without an additional license.
Subd. 4. Special club license. These licenses shall be issued only to incorporated
clubs and congressionally chartered veterans' organizations which have been in
existence for three years and liquor sales will only be to members and bona fide
guests, except that a club may permit the general public to participate in a wine tasting
conducted at the club under M.S. § 340A.419.
Subd. 5. Special license for Sunday sales. Licenses authorizing sales on Sunday
between the hours of 10:00 a.m. Sunday and 1:00 a.m. Monday in conjunction with the
serving of food may be issued to any hotel, restaurant or club which has facilities for
serving at least 30 guests at one time and which has an "on- sale" intoxicating liquor
license.
Subd. 6. Temporary on -sale 3.2% malt liquor or intoxicating liquor. These licenses
may be issued only to clubs, charitable, religious or nonprofit organizations as provided
in M.S. § 340A.404.
Subd. 7. Off -sale 3.2% malt liquor. These licenses shall permit the sale of 3.2%
malt liquor at retail in the original package for consumption off the premises only.
Subd. 8. Off -sale intoxicating liquor licenses. These licenses may be issued only to
exclusive liquor stores.
Subd. 9. Extended hours 2:00 a.m. liquor license. These licenses may be issued at
the discretion and approval of the City Council to allow sales of intoxicating liquor and
3.2% malt liquor between the hours of 1:00 a.m. and 2:00 a.m. with a permit issued by
the commissioner pursuant to M.S. § 340A.504, Subd. 7.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 513, passed 6 -9 -2014; Am. Ord. 554, passed
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2 -26 -2018)
401.06 LICENSE AND INVESTIGATION FEES.
Subd. 1. Fees established. The investigation fees and annual fees for liquor shall
be as provided in the City's Master Fee Schedule.
Subd. 2. Payment of fees, disposition. Each application for a license shall be
accompanied by a receipt for payment in full of the required fees. All fees shall be paid
into the General Fund.
Subd. 3. Refunds.
a. If an application for a license is rejected, the city shall refund the
amount paid for the license fee. The investigation fee is not refundable.
b. No refund of all or any part of a license fee shall be made except
as authorized by statute.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
401.07 LICENSES, NUMBER OF.
The City Council is authorized to issue the following licenses:
Subd. 1. Off -sale intoxicating liquor licenses, which may be issued only to
exclusive liquor stores. City Council may limit the number of off -sale intoxicating liquor
licenses by ordinance.
Subd. 2. On -sale intoxicating liquor licenses may be issued in statutory cities of
5,000 to 10,000 population, not to exceed six licenses pursuant to M.S. § 340A.413,
Subd. 4. Exclusions from license limits are as follows-
On-sale intoxicating liquor licenses may be issued to the following entities
by a city, in addition to the number authorized by this subdivision:
a. Clubs or congressionally chartered veterans' organizations;
b. Restaurants;
C. Establishments that are issued licenses to sell wine pursuant to
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section M.S. § 340A.404, Subd. 5;
d. Theaters that are issued licenses under M.S. § 340A.404;
e. Hotels; and
f. Bowling centers.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
401.08 PERSONS INELIGIBLE FOR LICENSES.
No license shall be granted to any person made ineligible for a license by state
law. No license may be issued to:
Subd. 1. A person under 21 years of age;
Subd. 2. A person who has had an intoxicating liquor or 3.2% malt liquor license
revoked within five years of the license application, or to any person who at the time of
the violation owns any interest, whether as a holder of more than 5% of the capital
stock of a corporation licensee, as a partner or otherwise, in the premises or in the
business conducted thereon, or to a corporation, partnership, association, enterprise,
business, or firm in which any such person is in any manner interested;
Subd. 3. A person not of good moral character and repute; and /or
Subd. 4. A person who has a direct or indirect interest in a manufacturer, brewer,
or wholesaler. In addition, no new retail license may be issued to, and the City Council
may refuse to renew the license of, a person who, within five years of the license
application, has been convicted of a felony or a willful violation of a federal or state law
or local ordinance governing the manufacture, sale, distribution, or possession for sale
or distribution of an alcoholic beverage. The city or appropriate state agency may
require that fingerprints be taken and forwarded to the Federal Bureau of Investigation
for purposes of a criminal history check.
(Ord. 441, passed 11 -5 -2007)
401.09 APPLICATION FOR A LICENSE.
Subd. 1. In addition to the information required by the state Liquor Control
Commission and state Bureau of Criminal Apprehension, the initial application shall
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also contain the further information required in this section, as well as other information
that the Council may from time to time require. Every application for a license to sell
alcoholic beverages shall be made on a form supplied by the city and shall state the
following:
a. Applicant's name and address;
b. Applicant's age;
C. Representations as to applicant's character with such references
as the Council may require;
d. Applicant's citizenship;
e. The type of license the applicant is seeking;
f. The business in connection with which the proposed license will
operate and its location;
g. Whether applicant is an individual, partnership, corporation or
other form of organization;
h. If the applicant is an individual, the requested personal information
about the applicant and his or her background;
i. If the applicant is a partnership, the names and addresses of all
partners and the requested personal information about each partner and his or her
background. The financial interest of each partner shall be disclosed, and a managing
partner shall be designated. A true copy of the partnership agreement shall be
submitted with the original application form;
j. If the applicant is a corporation or other organization, the names
and addresses of all officers and the proposed manager, and the requested personal
information about each and his or her background. The names, addresses and financial
interest shall be disclosed for all corporate shareowners who, together with direct
relatives, have a controlling interest of the assets of said corporation, and the
requested personal information shall be furnished about each such person and his or
her background. True copies of the articles of incorporation and corporate bylaws shall
be submitted with the original application form;
k. The amount of assets which the applicant has in the business
premises, fixtures, stock and operating capital shall be disclosed, together with proof of
the source of such assets;
The names and addresses of all persons, other than those listed
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above, who have any financial interest in the business, premises, fixtures, stock or
operating capital, together with the amount and nature of such interest and the terms
for payment or other reimbursement thereof. This shall include but not be limited to all
lessors, mortgagors, lenders, lien holders, trustors and persons who have cosigned
notes or otherwise loaned, pledged or extended security to the applicant for any
indebtedness;
M. The address and legal description of the premises to be licensed
and plans of the site and all buildings thereon, showing all appropriate dimensions;
n. If the applicant is an individual, the application form shall be
executed by that person. If the applicant is a partnership, the application form shall be
executed by the managing partner, and if the applicant is a corporation or other
organization the application form shall be executed by a corporate or organization
officer;
o. How long applicant has been in that business;
p. How long applicant has been in that business at that place; and
q. Such other information as the Council may require from time to
time
Subd. 2. Every application for any license to sell alcoholic beverages shall also
include a copy of each summons received by the applicant under M.S. § 340A.802
during the preceding year.
Subd. 3. In addition to containing the information prescribed in this section, the
application for any license to sell alcoholic beverages shall also include the form
prescribed by the state Alcohol and Gambling Enforcement Division and shall be
verified and filed with the City Administrator /City Clerk.
Subd. 4. It shall be unlawful to make any false statement in any application.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018) Penalty, see § 104.01
401.10 LICENSING PROCEDURES.
Subd. 1. Investigation.
a. Initial applications. At the time of each original application for a
license, the applicant shall also pay in full an investigation fee. The city shall
investigate all facts set out in the application. All initial applications for a license shall
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be referred to the South Lake Minnetonka Police Department for verification and
investigation of the facts set forth in the application. The Police Department shall make
a written recommendation and report to the City Council. Such report shall include, but
shall not be limited to, a list of all violations of federal, state, or city law committed by
the applicant, officers, and directors, if the applicant is a corporation, and managers as
disclosed in the application. Upon an initial application the Police Department shall also
conduct a preliminary background and financial investigation of the applicant.
b. Renewal applications. All renewal applications shall be referred to
the South Lake Minnetonka Police Department for verification and investigation of the
matters set forth in the renewal application and determined by the City
Administrator /City Clerk to require further investigation.
C. Investigation results. Without limiting the discretion of the City
Council to deny a license application for other reasons, no license shall be issued if the
results of the investigation show, to the satisfaction of the City Council, that issuance
would not be in the public interest.
Subd. 2. The issuance of any license hereunder is and shall remain at the sole and
absolute discretion of the City Council.
Subd. 3. All licenses shall be and are issued subject to conformance with all
provisions of this chapter and all other applicable regulations, ordinances, laws and
statutes.
Subd. 4. Each license issued hereunder shall be issued to the applicant only. Each
such license shall be issued only for the premises described in the application and
shall not be effective beyond the compact and contiguous space described therein.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
401.11 RENEWAL APPLICATIONS.
At least 30 days before a license issued under this chapter is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew
a license rests within the sole discretion of the Council. No licensee has a right to have
the license renewed.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
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401.12 TRANSFER OF LICENSE.
No license issued under this chapter may be transferred without the approval of
the City Council. Any transfer of stock of a corporate licensee is deemed to be a
transfer of the license, and a transfer of stock without prior Council approval is a
ground for revocation of the license. An application to transfer a license shall be treated
the same as an application for a new license, and all of the provisions of this code
applying to applications for a license shall apply.
(Ord. 441, passed 11 -5 -2007)
401.13 RESTRICTIONS ON LICENSE.
The following provisions shall govern the initial issuance of a license and the
continued validity of a license issued pursuant to this chapter:
Subd. 1. Each license shall be issued only to the applicant and for the premises
described in the application.
Subd. 2. Not more than one off -sale license shall be directly or indirectly issued
within the city to any one person.
Subd. 3. No license shall be granted or renewed for operation on any premises on
which taxes, assessments, utility charges, service charges or other financial claims of
the city are delinquent and unpaid.
Subd. 4. No license shall be issued for any place or any business ineligible for a
license under state law.
Subd. 5. No license shall be granted within 200 feet of any school or any church.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 555, passed 3 -26 -2018)
401.14 TERM OF LICENSE.
All licenses shall expire on the last day of May in each year. Each license shall
be issued for a period of one year; except, that if a portion of the license year has
elapsed when the application is made, a license may be issued for the remainder of the
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year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be
counted as one month.
(Ord. 441, passed 11 -5 -2007)
401.15 BOND AND INSURANCE REQUIREMENTS.
Subd. 1. Bond, insurance or cash required. Any person or corporation licensed to
sell alcoholic beverages at on -sale or off -sale shall demonstrate proof of financial
responsibility with regard to liability imposed by M.S. § 340A.801 to the Commissioner
of Public Safety as a condition of the continuance, issuance or renewal of his or her
license. Proof of financial responsibility may be given by filing:
a. A certificate that there is in effect an insurance policy or pool
providing for the following minimum coverages:
(1) $50,000 because of bodily injury to any one person in any
one occurrence and subject to the limit of one person; in the amount of $100,000
because of bodily injury to two or more persons in any one occurrence; in the amount
of $10,000 because of injury to or destruction of property of others in any one
occurrence;
(2) $50,000 for loss of means of support of any one person in
any one occurrence and subject to the limit of one person; $100,000 for loss of means
of support of two or more persons in any one occurrence; or
b. A bond of a surety company with minimum coverages as provided
in Subd. 1.a. above; or
C. A certificate of the commissioner of finance that the licensee has
deposited with him or her $100,000 in cash or securities which may legally be
purchased by savings banks or for the trust funds having a market value of $100,000.
Subd. 2. Approval of security. The security offered under Subd. 1 above shall be
approved by the City Council, and in the case of applicants for "on -sale wine" or
"intoxicating malt liquor /wine" licenses by the State Liquor Control Director. Surety
bonds and liability insurance policies shall be approved as to form by the city.
Subd. 3. Failure to obtain insurance. A licensed business operating without having
the liability insurance required on file at all times with the City Administrator /City Clerk,
shall immediately and without prior notice to the licensee and without action of the City
Council have any license granted by the city prior thereto revoked, and the license may
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not be reissued until proof of compliance with the financial responsibility requirements
is presented to the City Administrator /City Clerk and upon review and approval of the
same by the City Council.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
401.16 CONDITIONS OF LICENSE.
Every license is subject to the conditions in the following subdivisions and all
other provisions of this chapter and of any other applicable ordinance, state law or
regulation.
Subd. 1. Conduct of business. Every licensee is responsible for conduct of his or
her place of business and the conditions of sobriety and order in it. The act of any
employee on the licensed premises authorized to sell intoxicating liquor therein is
deemed the act of the licensee as well, and the licensee shall be liable to all penalties
provided by this chapter and the law equally with the employee.
Subd. 2. License to be posted. All licensed premises shall have the license posted
in a conspicuous place at all times.
Subd. 3. Sales to certain persons restricted. No alcoholic beverage shall be sold
or served to any intoxicated person or to any person under 21 years of age.
Subd. 4. Minors on the premises.
a. No person under the age of 18 years shall be employed in any
rooms constituting the place in which intoxicating liquors or 3.2% malt liquor are sold at
retail on -sale, except that persons under the age of 18 may be employed as musicians
or to perform the duties of a bus person or dishwashing services in places defined as a
restaurant, hotel, motel or other multipurpose building serving food in rooms in which
intoxicating liquors or 3.2% malt liquor are sold at retail on -sale.
b. No person under the age of 21 years may enter a licensed
establishment except to work, consume meals on premises that qualify as a restaurant,
or attend social functions that are held in a portion of the premises where liquor is not
sold.
Subd. 5. Gambling or gambling devices. No gambling or any gambling device shall
be permitted on any 3.2% licensed premises.
Subd. 6. Display during prohibited hours. No "on- sale" establishment shall display
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liquor to the public during hours when the sale of liquor is prohibited.
Subd. 7. Inspections. Every licensee shall allow any peace officer, health officer or
properly designated officer or employee of the city to enter, inspect and search the
premises of the licensee during business hours without a search and seizure warrant
and may seize all intoxicating liquors found on the licensed premises.
(Ord. 441, passed 11 -5 -2007)
401.17 HOURS OF OPERATION.
Subd. 1. 3.2% malt liquor. No sale of 3.2% malt liquor shall be made on any
Sunday between the hours of 2:00 a.m. and 10:00 a.m. No sale shall be made between
the hours of 2:00 a.m. and 8:00 a.m. of any other day.
Subd. 2. Intoxicating liquor, on -sale. No sale of intoxicating liquor for consumption
on the licensed premises may be made:
a. Between 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
b. After 2:00 a.m. on Sundays, except as provided by a special
license for Sunday sales as provided by § 401.05, Subd. 7 or with a city issued wine
license as provided in § 401.05, Subd. 3 of this chapter;
Subd. 3. Intoxicating liquor, off -sale. The hours of operation shall be as provided in
M.S. § 340A.504.
Subd 4. Extended hours after 1:00 a.m.; permit fee. No licensee may sell
intoxicating liquor or 3.2% malt liquor on sale between the hours of 1:00 a.m. and 2:00
a.m. unless the licensee has obtained a permit from the commissioner and approval of
the City Council. Permits are effective for one year from the date of issuance.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 448, passed 4 -14 -2008; Am. Ord. 554, passed
2 -26 -2018) Penalty, see § 104.01
401.18 PROHIBITED ACTS AND CONDITIONS.
Subd. 1. Liquor in unlicensed places. No person shall mix or prepare liquor for
consumption in any public place or place of business unless it has a license to sell
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liquor "on- sale" or a permit from the Liquor Control Director under M.S. § §340A.414
and 340A.504.
Subd. 2. Consumption in public places. No person shall consume liquor on a
public highway, public park or other public place. This provision does not apply to
consumption at the Community Center with the prior approval of the City Council.
(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
401.19 SUSPENSION OR REVOCATION OF LICENSE.
Subd. 1. The violation of any provision or condition of this chapter by a liquor
licensee or his or her agent shall be grounds for revocation or suspension of the
license.
Subd. 2. The Council may either suspend, for not to exceed 60 days, or revoke any
liquor license upon finding that the licensee has failed to comply with any applicable
statute, regulation or ordinance relating to intoxicating liquor. No suspension or
revocation shall take effect until the licensee has been afforded an opportunity for a
hearing.
Subd. 3. A license granted under this chapter may be revoked or suspended by the
Council after written notice to the licensee and a public hearing. The notice shall give
at least eight days notice of the time and place of the hearing and shall state the nature
of the charges against the licensee. The Council may suspend any license pending a
hearing on revocation or suspension.
(Ord. 441, passed 11 -5 -2007)
401.20 ENFORCEMENT.
It shall be the duty of all law enforcement officers of the city to enforce the
provisions of this chapter, to search premises and seize evidence of law violation and
preserve the same as evidence against any person alleged to be violating this chapter,
and to prepare the necessary processes and papers therefore.
(Ord. 441, passed 11 -5 -2007)
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401.21 VIOLATION.
Any person violating any provision of this chapter is guilty of a misdemeanor,
unless a different penalty is specified by state statute.
(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
401.22 LICENSE VIOLATION ADMINISTRATIVE PENALTIES.
Any licensee found to have violated this chapter, or whose employee shall have
violated this chapter, shall be charged an administrative fine as provided in the City's
Master Fee Schedule.
(Ord. 441, passed 11 -5 -2007; Am. Ord. 554, passed 2 -26 -2018)
CHAPTER 402
CONSUMPTION, PURCHASE AND POSSESSION OF
ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS
Section
402.01 Consumption of alcohol by persons under the age of 21 years
402.02 Furnishing alcoholic beverages to persons under 21 years of age
402.03 Misdemeanors
Cross - reference:
For social host regulations, see Ch. 612
402.01 CONSUMPTION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21
YEARS.
It is unlawful for any person under the age of 21 years to consume any alcoholic
beverages or to be present within the city having consumed alcohol. The presence of
alcohol as indicated by physical symptoms shall constitute prima facie evidence of
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unlawful consumption of an alcoholic beverage by persons under the age of 21 years. If
proven by a preponderance of the evidence, it is an affirmative defense to a violation of
this clause that the defendant consumed the alcoholic beverage in the household of the
defendant's parent or guardian and with the consent of the parent or guardian.
(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
402.02 FURNISHING ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS
OF AGE.
It is unlawful for any person:
Subd. 1. To sell, barter, furnish or give alcoholic beverages to a person under 21
years of age. It shall constitute prima facie evidence of a violation of this subdivision for
any adult resident to knowingly allow unlawful consumption or possession of an
alcoholic beverage by persons under 21 years of age within the dwelling unit of an
adult resident or within any yard area related to the dwelling unit and within the control
of an adult resident. It shall constitute prima facie evidence of a violation of this
subdivision if consumption or possession of an alcoholic beverage by persons under 21
years of age is in plain view of an adult resident or openly displayed. If proven by a
preponderance of the evidence, it shall be an affirmative defense to a violation of this
subdivision that the defendant is the parent or guardian of the person under 21 years of
age and that the defendant gave or furnished the alcoholic beverage to that person
solely for consumption in the defendant's household; or
Subd. 2. Under the age of 21 years to purchase or attempt to purchase any
alcoholic beverage; or
Subd. 3. To induce a person under the age of 21 years to purchase or procure any
alcoholic beverage, or to lend or knowingly permit the use of the person's driver's
license, permit, Minnesota identification card or other form of identification by a person
under the age of 21 years for the purpose of purchasing or attempting to purchase an
alcoholic beverage.
(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
402.03 MISDEMEANORS.
A violation of any provision of this chapter is a misdemeanor.
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(Ord. 441, passed 11 -5 -2007) Penalty, see § 104.01
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
Section
501.01
501.02
501.03
501.04
501.05
501.06
501.07
501.08
501.09
CHAPTER 501
NUISANCES
Purpose
Definitions
Public Nuisances Prohibited
Public Nuisances Affecting Health
Public Nuisances Affecting Peace and Safety
Public Nuisances Within Harbor Limits
Enforcement
Abatement
Violation
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501.01 PURPOSE.
It is the policy of the City of Shorewood to ensure the continued health, safety,
comfort and repose of the public, the elimination and abatement of all nuisances within
the city. A nuisance, as provided in this chapter, means a thing, act or use of property
that annoys, injures or endangers the health, safety, comfort or welfare of the public;
offends public decency; depreciates the value of the property of the inhabitants of the
city; interferes with the use of or obstructs or tends to obstruct a lake, stream, navigable
water, park, sidewalk, street or public way; or in any manner renders the in habitants of
the city insecure in life or use of property. The City Council finds it shall be the duty of
the Office of the City Administrator /Clerk or its designees to enforce the provisions of
this chapter and to bring about enforcement of violations or lack of compliance with this
chapter.
501.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ENFORCEMENT OFFICIAL. The Police Department, Zoning Administrator,
Building Official, City Administrator /Clerk, Public Works Director, Fire Marshal, any
licensed peace officer or authorized designee of the City Council.
NOTICE TO REMOVE. The notice served on a property owner by the City
Council or designated city official, advising the property owner of a code violation and
ordering correction of the violation.
PROPERTY OWNER. The person occupying the property, the holder of legal
title or a person having control over the property of another, such as a right -of -way,
easement, license or lease.
PUBLIC NUISANCE. A thing, act, occupation or use of property which shall:
the public;
a. Annoy, injure or endanger the safety, health, comfort or repose of
b. Offend public decency;
C. Unlawfully interfere with, obstruct or tend to obstruct or render
dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public
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park, square, street, alley or highway;
d. In any way render the public insecure in life or in use of property;
or
e. Any other act or omission declared by law or Minnesota Statues, or
any other part of this code to be a public nuisance.
501.03 PUBLIC NUISANCES PROHIBITED.
It is unlawful for any person, by his or her act, or intentional failure to perform a
legal duty, that creates or maintains a public nuisance on any premises the person
owns or controls within the city.
501.04 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
Subd. 1. All decayed or unwholesome food offered for sale to the public.
Subd. 2. All diseased animals running at large.
Subd. 3. All ponds or pools of stagnant water.
Subd. 4. Carcasses of animals not buried or destroyed within 24 hours after death.
Subd. 5. Accumulations of manure or rubbish.
Subd. 6. Privy vaults, garbage (except in authorized containers), garbage cans
which are not fly- tight, ashes, yard cleanings, or any other foul or unhealthy material.
Composting of leaves, grass clippings, and easily biodegradable, nonpoisonous
garbage may be permitted, however, as provided in § 503.02, Subd. 3 of this code.
Subd. 7. The pollution of any public well or cistern, stream, lake, canal or body of
water by sewage, creamery or industrial wastes or other substances.
Subd. 8. All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and
promulgated in Minnesota Rules, as may be amended from time to time, located on
public or private property. The term weeds does not include shrubs, trees, cultivated
plants or crops. The terms WEEDS and RANK VEGETATION includes, but is not
limited to, the following:
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a. Noxious weeds and rank vegetation shall include but not be limited
to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf
Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge
Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A- Minute
Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple
Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock,
Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild
Parsnip;
b. Grapevines when growing in groups of 100 or more and not
pruned, sprayed, cultivated, or otherwise maintained for two consecutive years;
C. Bushes of the species of tall, common, or European barberry,
further known as Berberis vulgaris or its horticultural varieties;
d. Any weeds or plants, other than trees, bushes, flowers, or other
ornamental plants, growing to a height exceeding 12 inches.
e. Rank vegetation includes the uncontrolled, uncultivated growth of
annuals and perennial plants.
f. The term WEEDS does not include shrubs, trees, cultivated plants
or crops.
Subd. 9. All public exposure of persons having a contagious disease
Subd. 10. The emission of smoke, gas, soot, dust, or cinders, or other noxious and
offensive fumes, in frequency or quantities as to render the enjoyment of property
unpleasant, unhealthy, or uncomfortable to a person of ordinary sensibilities.
Subd. 11. Feces left by any domestic pet on public property or the property of
another. The owner or person having the custody or control of the animal shall be
responsible for immediately cleaning up any feces of the animal and disposing of the
feces in a sanitary manner.
Subd. 12. All other acts, omissions of acts, occupations and uses of property which
are deemed by the city to be a menace to the health of the inhabitants of the city or any
considerable number thereof.
(Ord. 334, passed 4 -27 -1998; Am. Ord. 525, passed 2 -8 -2016)
501.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
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The following are declared to be nuisances affecting public peace and safety
Subd. 1. Fallen trees, fallen tree limbs, dead trees, dead tree limbs, and all limbs of
trees which are less than eight feet above the surface of any public sidewalk, or nine
feet above the surface of any street.
Subd. 2. All wires which are strung less than 15 feet above the surface of the
ground.
Subd. 3. All buildings, walls and other structures which have been damaged by
fire, decay or otherwise to an extent exceeding one -half their original value, and which
are so situated as to endanger the safety of the public.
Subd. 4. All explosives, inflammable liquids and other dangerous substances
stored in any manner or in any amount other than that provided by ordinance. See also
Chapter 607 of this code.
Subd. 5. The parking of vehicles on, or the blocking of any fire alley, public
easement or road in the city leading to the shoreline of any navigable body of water so
as to interfere with, obstruct or tend to obstruct the passage of any emergency public
vehicle to the water.
Subd. 6. All annoying vibrations and obnoxious noises in violation of Minn. Rules
7030, as they may be amended from time to time and which are incorporated by
reference into this code.
Subd. 7. Obstructions and excavations affecting the ordinary use by the public of
streets, alleys, sidewalks or public grounds except under the conditions as are provided
by ordinance. See also § 901.03 and Chapter 1003 of this code.
Subd. 8. Any use of property abutting on a public street or sidewalk, or any use of
a public street or sidewalk which causes large crowds of people to gather, obstructing
traffic and the free use of the streets or sidewalks.
Subd. 9. Any abandoned, discarded or unused objects or equipment such as
inoperable vehicles of all kinds (see also Chapter 502 of this code), motor vehicles or
recreational equipment not displaying a current State license, furniture, stoves,
refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements,
or equipment that is no longer safely usable for the purpose for which it was
manufactured.
Subd. 10. The distribution of handbills except as provided by ordinance.
Subd. 11. All trees, hedges, signs or other obstructions that prevent people from
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having a clear view of traffic approaching an intersection.
Subd. 12. The discharging of exhaust or permitting the discharging of the exhaust of
any stationary internal combustion engine, motor boat, motor vehicle, motorcycle,
all- terrain vehicle, snowmobile, or any recreational equipment or device, except
through a muffler or other device that effectively prevents loud or explosive noises
therefrom and complies with all applicable state laws and regulations.
Subd. 13. The participation in a party or gathering of people giving rise to noise that
disturbs the peace, quiet or repose of the occupants of adjoining or other property.
Subd. 14. Waste water cast upon or permitted to flow upon streets or other public
properties.
Subd. 15. Any well, hole or similar excavation that is left uncovered or in another
condition as to constitute a hazard to any person coming on the premises where it is
located.
Subd. 16. Obstruction to the free flow of water in a natural waterway or a public
street drain, gutter or ditch with trash or other materials.
Subd. 17. The placing or throwing on any street, sidewalk or other public property of
any glass, tacks, nails bottles or other substances.
Subd. 18. Diseased trees as follows:
a. Any living or standing elm tree or part thereof infected to any
degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or
which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or
Hylungopinus Rufipes (Marsh);
b. Any dead elm tree or part thereof, including branches, stumps,
firewood or other elm material from which the bark has not been removed and burned
or sprayed with an effective elm bark beetle insecticide;
C. Any living or standing oak tree or part thereof infected to any
degree with the Oak Wilt fungus Ceratocystis fagacearum;
d. Any dead oak tree or part thereof which in the opinion of the
designated officer constitutes a hazard, including but not limited to logs, branches,
stumps, roots, firewood or other oak material which has not been stripped of its bark
and burned or sprayed with an effective fungicide;
e. Any other shade tree with an epidemic disease.
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Subd. 19. All other conditions or things which are liable to cause injury by the
person or property of anyone.
Subd. 20. Noise. The purpose of this section is to protect the comfort, repose,
health, peace, safety, or welfare of city residents, and the quiet enjoyment of property
within the city by imposing reasonable restrictions on the hours during which significant
sources of noise may be used or operated.
a. Hourly restrictions on certain operations.
(1) Recreational vehicles.
(a) No person shall drive or operate any minibike,
snowmobile, or other recreational vehicle not licensed for travel on public highways,
except between the hours of 7 :30 a.m. and 9 :00 p.m.
(b) Exception: Snowmobiles en route to or from trails or a
lake, may operate between the hours of 7 :00 a.m. and 10 :00 p.m., Sunday through
Thursday and between the hours of 7 :00 a.m. and 11 :00 p.m., on Friday and Saturday.
(2) Domestic power equipment. No person shall operate a
power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill,
or other similar domestic power maintenance equipment except between the hours of
7 :30 a.m. and 9 :00 p.m. on any weekday or between the hours of 8:00 a.m. and 8 :00
p.m. on any weekend or holiday. Snow removal equipment is exempt from this section.
(3) Refuse hauling. No person shall collect or remove garbage,
refuse, or recycling in the city, except between the hours of 7 :00 a.m. and 8 :00 p.m. on
any day.
(4) Construction activities.
(a) No person shall engage in or permit construction
activities involving the use of any kind of electric, diesel, gas - powered machine, or
other power equipment except between the hours of 7 :00 a.m. and 7 :00 p.m. on any
weekday or between the hours of 8 :00 a.m. and 6 :00 p.m. on any Saturday. No
construction activities are allowed on any Sunday.
(b) Exception: Residential construction, repairs or
maintenance, including lawn maintenance, conducted by the homeowner or occupant
shall be permitted between the hours of 8 :00 a.m. and 8 :00 p.m. on Sundays and
public holidays.
b. Emergency work exempted.
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(1) Noise created exclusively in the performance of emergency
work shall be exempt from the provisions of this section. Any person responsible for
such emergency work shall take all reasonable actions to minimize the amount of noise
generated by such work.
(2) The term "emergency work" means activities that are
necessary to protect or preserve lives or property from imminent danger of loss or
harm, including work that is necessary to restore a public service or to eliminate a
public hazard.
(3) Emergency declaration. When conditions or circumstances
within the boundaries of the city warrant, the City Administrator (or designee) in its
discretion may declare that a city emergency exists. Without limitation, such
emergencies may include or be the result of weather phenomena. The declaration that
a city emergency exists shall have the effect of waiving application of this section to all
activities reasonably related to the emergency.
C. Exceptions.
(1) Authority. The City Administrator or its designee shall have
the authority to grant exceptions from the requirements of any provision of this section.
(2) Application. Any person seeking an exception shall file an
application with the City Administrator or its designee on a form prescribed by the city.
Information to be supplied in the application shall include but not be limited to the
following information:
(a) Statement of the dates and times during which the
noise is proposed;
(b) The location of the noise source;
(c) The nature of the noise source;
(d) Reasons why the exception is sought and identified
hardship;
(e) Steps taken to minimize the noise level; and
(f) Other information as required by the City
Administrator.
d. Enforcement.
(1) Enforcement duties. The City Administrator or its designees
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shall enforce the provisions of this section. The City Administrator or its designees may
inspect private premises other than private residences and shall make all reasonable
efforts to prevent violations of this section.
(2) Nuisance violation. Any violation of this section shall
constitute a public nuisance.
(3) Civil remedies. Violations of this section shall be subject to
the Administrative Enforcement provisions in Chapter 104. Noise violations shall be
classified as a Class A offense.
(Ord. 516, passed 8 -25 -2014)
501.06 PUBLIC NUISANCES WITHIN HARBOR LIMITS.
The following are considered to be public nuisances affecting the harbor limits,
as defined in Chapter 109 of this code, within the city.
Subd. 1. Anything declared to be a public nuisance by an ordinance of the city.
Subd. 2. The depositing of refuse, waste or other deleterious, poisonous or
injurious substance within the harbor limits of the city.
Subd. 3. The depositing of sewage within the primary harbor limits of the city.
Subd. 4. The erection or maintenance of any dock or structure which interferes
with, obstructs or tends to obstruct or render dangerous for use the waters within the
primary harbor limits of the city.
Subd. 5. The failure to equip and to operate a boat, vessel or watercraft in
accordance with the provisions of M.S. Chapter 361 and ordinances of the Lake
Minnetonka Conservation District (LMCD), as amended, which statutes and ordinances
are hereby adopted and incorporated herein and made a part hereof by reference, as
fully as if set forth herein. Further, the following additional requirements shall be met by
all owners and operators of watercraft within the harbor limits established herein:
a. All watercraft in use or underway between sunset and sunrise shall
be equipped with and have in operation red and green running lights in the forward
section of the boat, and a white light at the stern or on the superstructure, which white
light shall be visible on a dark night with clear atmosphere for a distance of two miles
from any direction; provided, however, that motor powered watercraft under 16 feet in
overall length may use portable lights which must be clamped on the watercraft when in
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use, and non - powered watercraft may use a portable single white light which is visible
from any direction for a distance of two miles on a dark night with clear atmosphere.
b. All watercraft, when at anchor or drifting, must show a white light
visible from any direction for a distance of one mile, and the light shall be lit from
sunset to sunrise; except, that a watercraft anchored in a cove within 100 feet of shore
and 200 feet away from normal navigation and any watercraft anchored at a dock or
pier need not have a white light lit.
C. All watercraft shall have on board and readily accessible life
preservers, vests or other similar buoyant devices capable of keeping every person on
board afloat.
d. No watercraft other than an authorized water patrol boat or other
police watercraft shall use or display a red light except a red running light.
e. No watercraft other than an authorized water patrol boat or other
police watercraft shall use or display a police, sheriff or law enforcement officer's flag,
or any device designed to simulate a flag.
f. No person shall board, use, damage or tamper with a watercraft
except when done by the owner or with the owner's consent.
g. No person under 15 years of age shall operate a watercraft
powered by a motor of 10 horsepower or more unless accompanied by a competent
person 15 years of age or older.
Subd. 6. The failure to tow or to operate a watercraft towing one or more persons
behind a watercraft on water skis, aqua - plane, surfboard, saucer or similar devices,
except in compliance with these regulations:
a. Every person being towed shall wear a life vest, belt or other
buoyant device, except with written permission of the County Sheriff.
b. Not more than two persons may be towed at one time except with
written permission of the County Sheriff.
C. No person shall be towed from one -half hour after official sunset to
sunrise.
d. No person shall be towed by rope, cable or other towing devices
longer than 85 feet, except with a written permit of the County Sheriff.
e. No person operating a watercraft when towing a person, and no
person being towed, shall come within 150 feet of any bathing area, skin diver's
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warning flag, swimmer, raft, watercraft, dock or pier except that raft, dock or pier from
which he or she is operating.
f. No person shall tow or be towed unless two competent persons are
on board the watercraft. The driver of the watercraft shall be at least 15 years of age
and must watch where the watercraft is being driven at all times. The second person
on board the watercraft shall be an observer, shall be at least 12 years of age and shall
watch the person or persons being towed at all times.
g. No person shall drag an unoccupied tow line behind a water craft
for an unreasonable length of time.
h. No person shall tow or be towed into or through a marked channel
connecting two bodies of water.
Subd. 7. The overtaking and /or passing of any craft in a channel or narrow
passage by the operator of any motor boat, speed boat, or of any vessel under power,
so as to endanger other craft; and all craft shall proceed through all channels and
narrow passages of water at safe speeds, other -wise the operator thereof shall be
deemed to have committed a public nuisance.
Subd. 8. Obstructing or interfering with passage of a boat or vessel through a
channel or narrow water passageway.
Subd. 9. The failure to equip and maintain lights, and to have the lights lighted
when the boat or vessel is operating within the harbor limits of the city at night.
Subd. 10. Operating a boat or vessel in a careless or reckless manner in or about a
public swimming beach.
Subd. 11. Swimming in a channel or jumping or diving from a channel bridge.
Subd. 12. Operating a boat or other watercraft on the waters of Galpin Lake within
the harbor limits of the city with any motor or other source of power having a rated
horsepower in excess of seven and one -half.
501.07 ENFORCEMENT.
Subd. 1. The Enforcement Official shall enforce the provisions relating to
nuisances. The enforcement official shall have the authority to inspect private
premises and take all reasonable precautions to prevent the commission and
maintenance of public nuisances. Except in emergency situations of imminent danger
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to human life and safety, or when the owner, resident, or other person in control of the
property has granted permission, or when a violation can be seen without entering the
property, the Enforcement Official shall obtain an administrative search warrant to enter
private property.
Subd. 2. The Enforcement Official may commence enforcement action by citation,
complaint or civil proceeding.
671ZRol.-Ir_1- TA921 LT, 141!k0
Subd. 1. Notice to remove. When there exists on private property a condition
which is in violation of this chapter, a notice to remove the offensive matter shall be
served by the City Council or its agent upon the owner, agent or occupant. The notice
may be served personally or may be served by mail. In all cases where the owner is
not in the city or can not be found therein, then notice shall be sent to the last known
address. The notice shall describe the matter to be removed and require the removal
thereof within 10 days, including Saturdays, Sundays and holidays.
Subd. 2. Failure to remove. If, at the end of the 10 days following service of a
Notice to Remove, the nuisance has not been terminated or abated, the city shall cause
removal and disposition. The person in violation may, within the 10 days following
service, file a written appeal disputing the violation or requesting additional time to
comply with the Notice to Remove. Appeals will be placed on the next available
agenda of the City Council for its consideration.
Subd. 3. Immediate abatement. Nothing in this section shall prevent the city,
without notice or other process, from immediately abating any condition that poses an
imminent and serious hazard to human life or safety.
Subd. 4. Recovery of costs. In instances where any nuisances are abated by city
action pursuant to this chapter, M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost
of enforcement, abatement, or other proceedings, including administrative charges
together with interest thereon at the lawful rate permitted under M.S. Chapter 429,
shall, if not paid, be assessed against the premises and certified to the County Auditor
or certified by lien as provided in M.S. § 514.67.
501.09 VIOLATION.
Any person violating any of the provisions of this chapter shall be guilty of a
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misdemeanor.
CHAPTER 502
ABANDONED, WRECKED VEHICLES
Section
502.01
State laws adopted
502.02
Definitions
502.03
Nuisance declared
502.04
Abandonment of vehicles
502.05
Impoundment of abandoned vehicles
502.06
Disposition of abandoned property
502.07
Reclamation of vehicle
502.08
Violations and penalties
502.01 STATE LAWS ADOPTED.
The provisions of M.S. Chapter 16813, as amended, relating to abandoned motor
vehicles is adopted and made a part of this chapter as if set out in full herein.
(1987 Code, § 503.01)
502.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A vehicle, as defined herein, that has remained for a
period of more than four hours on public property illegally or lacking vital component
parts or has remained for a period of more than four hours on private property without
consent of the person in control of the property or in an inoperable condition that it has
no substantial, potential further use consistent with its usual functions, unless it is kept
in an enclosed garage or storage building. It shall include a vehicle which is in a
wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle
voluntarily surrendered by its owner to the city or a vehicle offered for sale by its owner
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parked on public property.
CLASSIC OR PIONEER CAR. As defined in M.S. § 168.10, a classic or pioneer
car shall not be considered an abandoned vehicle.
VEHICLE. Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, except devices moved by human power or
used exclusively upon stationary rails or tracks.
(1987 Code, § 503.02) (Ord. 72, passed 6 -4 -1973; Ord. 218, passed 7 -24 -1989)
502.03 NUISANCE DECLARED.
The City Council has determined that abandoned, wrecked, junked, partially
dismantled or inoperative vehicles within the city create a public nuisance tending to
reduce the value of private property, invite plundering, create fire hazards, attract
vermin and constitute a threat to the health and safety of the public. The accumulation
and outside storage of the vehicles, in the nature of rubbish, litter and unsightly debris,
is a detriment to the environment and is declared to constitute a public nuisance which
may be abated as provided herein or as provided under any other ordinance of the city
or law of the State of Minnesota.
(1987 Code, § 503.03)
502.04 ABANDONMENT OF VEHICLES.
No person shall park, store or leave, or permit the parking, storing or leaving of
any abandoned vehicle on public or private property within the city unless:
Subd. 1. Within a building;
Subd. 2. The vehicle is stored or parked on private property in connection with a
duly licensed or authorized commercial enterprise operated and conducted pursuant to
law when the parking or storing of vehicles is necessary to the operation of the
commercial enterprise; or
Subd. 3. The vehicle is stored or parked on private property of the owner thereof,
or a member of his or her family, for the purpose of making repairs thereto; provided,
that the repair period is not to exceed 30 days, after which time the vehicle shall be
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deemed to be abandoned.
(1987 Code, § 503.04)
502.05 IMPOUNDMENT OF ABANDONED VEHICLES.
The city may take into custody and impound any abandoned vehicle which is in
violation of the provisions of § 502.04 hereof. Any person, at the direction of the City
Administrator /Clerk, Police Chief or any other police officer of the city, is expressly
authorized to enter upon private property for the purpose of enforcing this chapter.
(1987 Code, § 503.05)
502.06 DISPOSITION OF ABANDONED PROPERTY.
Subd. 1. Procedure. Except for abandoned and junked vehicles, all property
lawfully coming into possession of the city shall be disposed of as provided in this
section which is adopted pursuant to M.S. § 471.195, as it may be amended from time
to time. Abandoned and junked vehicles shall be disposed of according to this chapter.
Subd. 2. Storage. The department of the city acquiring possession of the property
shall arrange for its storage. If city facilities are unavailable or inadequate, the
department may arrange for storage at a privately -owned facility.
Subd. 3. Claim by owner. The owner may claim the property by exhibiting
satisfactory proof of ownership and paying the city any storage or maintenance costs
incurred by it. A receipt for the property shall be obtained upon release to the owner.
Subd. 4. Sale. If the property remains unclaimed in the possession of the city for
60 days, the property shall be sold to the highest bidder at a public auction conducted
by the City Administrator /Clerk or his or her designee after two weeks' published notice
setting forth the time and place of the sale and the property to be sold.
Subd. 5. Disposition of proceeds. The proceeds of the sale shall be placed in the
general fund of the city. If the former owner makes application and furnishes
satisfactory proof of ownership within six months of the sale, the former owner shall be
paid the proceeds of the sale of the property less the costs of storage and the
proportionate part of the cost of published notice and other costs of the sale.
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502.07 RECLAMATION OF VEHICLE.
The owner, any lienholder of an abandoned vehicle or any person in lawful
possession or control of the property upon which the vehicle was abandoned shall have
a right to reclaim the vehicle from the city upon payment of all towing and storage
charges resulting from the taking of the vehicle into custody within 15 days after the
date of the notice required by § 502.06.2a hereof.
(1987 Code, § 503.07) (Ord. 72, passed 6 -4 -1973)
502.08 VIOLATIONS AND PENALTIES.
Any person who abandons a vehicle on any public or private property or any
person who fails, neglects or refuses to remove or house an abandoned vehicle and
abate the nuisance in accordance with the provisions of this chapter shall be guilty of a
misdemeanor.
(1987 Code, § 503.08) Penalty, see § 104.01
Section
503.01
503.02
503.03
503.04
503.05
503.06
503.07
503.08
503.09
503.10
CHAPTER 503
REFUSE COLLECTION AND DISPOSAL
Definitions
General regulations
Disposal required
Containers
Collectors, licensing requirements
Refuse or yard waste collection schedule
Collection vehicles
Violation
Spring cleanup
Mandatory recycling for multiple - family dwellings
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503.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
GARBAGE. Organic waste resulting from the preparation of food and decayed
and spoiled food from any source.
RECYCLABLE. Includes paper, plastic, tin cans, aluminum, motor oil, glass and
other metal goods, each separated or otherwise prepared so as to be acceptable to the
recycling center where they are to be deposited.
REFUSE. Includes garbage and rubbish.
RESIDENCES. Any building used for residential purposes consisting of up to
eight dwelling units with individual kitchen facilities for each.
RUBBISH. Inorganic solid waste such as tin cans, glass, paper, ashes,
sweepings and the like.
YARD WASTE. Any garden waste, leaves, mower cuttings, weeds, shrubs, tree
waste and prunings.
(1987 Code, § 507.01) (Am. Ord. 399, passed 9 -22 -2003)
503.02 GENERAL REGULATIONS.
Subd. 1. Unauthorized accumulation. Any unauthorized accumulation of refuse on
any premises is a nuisance and prohibited.
Subd. 2. Refuse in streets. No person shall place any refuse in any street, alley or
public place or upon any private property except in proper containers for collection. No
person shall throw or deposit refuse in any stream or other body of water.
Subd. 3. Scattering of refuse, composting. No person shall bury any refuse in the
city except in an approved sanitary landfill, but leaves, grass clippings and easily
biodegradable, nonpoisonous garbage may be composted on the premises where the
refuse has been accumulated. Garbage may be composted only in a rodent -proof
structure and in an otherwise sanitary manner and after the Council gives its approval
to the composting after it finds that the composting will be done in accordance with
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these standards.
(1987 Code, § 507.02)
503.03 DISPOSAL REQUIRED.
Every person shall, in a sanitary manner, dispose of refuse that may accumulate
upon property owned or occupied by him or her. Garbage shall be collected, or
otherwise lawfully disposed of, at least once each week during the entire year.
(1987 Code, § 507.03)
503.04 CONTAINERS.
Subd. 1. General requirement. Every householder, occupant or owner of any
residence and any restaurant, industrial establishment or commercial establishment
shall provide on the premises one or more containers to receive and contain all refuse
which may accumulate between collections. All normal accumulations of refuse shall be
deposited in the containers. Leaves, trimmings from shrubs, grass clippings, shavings,
excelsior and other rubbish of similar volume and weight may be stored in closed
containers not meeting the requirements of Subd. 2.
Subd. 2. Container requirements. Each container shall be watertight, impervious to
insects and rodents, fireproof and shall not exceed 90 gallons in capacity, except that
any commercial or business establishment having refuse volume exceeding two cubic
yards per week shall provide bulk or box -type refuse storage containers of a type
approved by the city. Exempted from this provision shall be construction activities
which are temporary in nature and do not extend over a period greater than two weeks.
Containers shall be maintained in good and sanitary condition. Any container not
conforming to the requirements of this chapter or having ragged or sharp edges or any
other defect likely to hamper or injure the person collecting the contents shall be
promptly replaced after notice by the city.
Subd. 3. Use of containers. Refuse shall be drained of liquid and household
garbage shall be wrapped before being deposited in a container. Highly inflammable or
explosive material shall not be placed in containers.
(1987 Code, § 507.04)
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503.05 COLLECTORS, LICENSING REQUIREMENTS.
Subd. 1. License required. No person shall permit refuse to be picked up from his
or her premises by an unlicensed collector.
Subd. 2. Application. Any person desiring to be licensed as a collector shall make
application to the City Administrator /Clerk on a prescribed form. The application shall
set forth:
a. The name and address of the applicant;
b. A description of each piece of equipment proposed to be used in
the collection;
C. The proposed charges to be made of those who use the service;
d. A description of the kind of service proposed to be rendered;
e. The place to which the refuse is to be hauled;
f. The manner in which the refuse is to be disposed of.
Subd. 3. Insurance. No license shall be issued until the applicant files with the
Administrator a current policy of public liability insurance covering all vehicles to be
used by the applicant in the licensed business. The limits of coverage of the insurance
shall be established by Council resolution from time to time.
Subd. 4. License fees. Licenses shall be issued for a period of one year. The
license fee shall be established by Council resolution from time to time.
(1987 Code, § 507.05)
503.06 REFUSE OR YARD WASTE COLLECTION SCHEDULE.
Each licensee shall collect refuse from premises for which he or she has a
collection contract according to the following minimum schedule: daily from hotels,
restaurants, and other premises which, in the judgment of the city, require the
collection; and weekly from residences and other premises. Where the collection
contract includes collection of yard waste, the yard waste shall be collected on the
same day as refuse is collected. The hours of operation for refuse hauling shall be
limited to the hours specified in § 501.05, Subd. 20.a.(3). With the exception of Shady
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Island or Enchanted Island, collection from residential properties shall take place only
on Wednesdays, unless otherwise authorized by the City Council. Collection from
properties on Shady Island or Enchanted Island shall take place on Thursdays, unless
otherwise authorized by the City Council. During a week where a holiday occurs on or
before the designated collection day, collection of refuse or yard waste may take place
one day later.
(1987 Code, § 507.06) (Am. Ord. 390, passed 8 -12 -2002; Am. Ord. 399, passed
9 -22 -2003; Am. Ord. 517, passed 9 -8 -2014)
503.07 COLLECTION VEHICLES.
Subd. 1. Requirements. Every refuse collection vehicle shall be lettered on the
outside so as to identify the licensee. Every vehicle used for hauling garbage shall be
covered, leak- proof, durable and of easily cleanable construction. Every vehicle used
for hauling refuse shall be sufficiently air tight and so used as to prevent unreasonable
quantities of dust, paper or other collected materials to escape. Every vehicle shall be
kept clean to prevent nuisances, pollution or insect - breeding and shall be maintained in
good repair. Enclosed refuse vehicles shall be confined to public streets, roadways,
alleys and to commercial parking lots and shall not be driven upon residential property
on driveways unless authorized by the owner. The above provision shall not apply to
three - quarter ton (or less) pickup trucks used as auxiliary vehicles engaged in picking
up refuse and placing it in enclosed vehicles. The pickup trucks shall not be filled to the
height that refuse spills therefrom; any refuse spilled or dropped shall be immediately
picked up.
Subd. 2. Weight restrictions. All collection vehicles shall be subject to the
provisions of § 610.09 of this city code.
(1987 Code, § 507.07)
503.08 VIOLATION.
Any person who shall violate any provision of this chapter shall be guilty of a
misdemeanor.
(1987 Code, § 507.08) (Ord. 176, passed 1 -27 -1986) Penalty, see § 104.01
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503.09 SPRING CLEANUP.
During the spring season, the city may provide a curbside pickup service for
yard waste, trash and household rubbish and a limited drop -off site for certain larger
items. The service will be limited to Shorewood residents and the date of the cleanup
will be determined by the City Council each year.
Subd. 1. Curbside pickup.
a. Items must be on the curb by 7:00 a.m. and will be picked up at
residential sites only. The following items will be accepted for curbside pickup:
(1) Brush, cut in four foot lengths and bundled so as to be
manageable by one person;
(2) Yard waste in bags, grass clippings and leaves;
(3) General household rubbish, including small furniture items.
b. Brush and yard waste must be piled and separated from the trash.
C. The following items will not be accepted for curbside pickup:
(1) Construction debris, lumber, blocks, sheetrock and other
building materials;
(2) Chemicals, liquid paint, weed spray, solvents and other
chemical products.
d. A fee as provided in § 1301.02 of this code will be charged to each
residential unit within the city for the pickup service. The fee will be based upon the
total cost of the service to the city, apportioned equally among the residential units
within the city and will be included in the utility billing statement sent to each residential
account for the second quarter of the year.
Subd. 2. Limited drop -off site.
a. A drop -off site will be available between the hours of 8:00 a.m. and
4:00 p.m. at the Public Works Garage. Items will be accepted and fees charged as
provided in § 1301.02 of this code.
b. Fees will be collected at the time an item is dropped off, and the
site will be limited for use by Shorewood residents only.
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Subd. 3. Delinquent accounts. All delinquent accounts may be certified by the
Administrator who shall prepare an assessment roll each year providing for assessment
of the delinquent accounts against the respective property served. This assessment roll
shall be delivered to the City Council for adoption on or before November 30 of each
year, and upon approval thereof, the Administrator shall certify to the County Auditor
the amount due, plus a certification fee as established by resolution of the City Council,
and the County Auditor shall thereupon enter the amount as part of the tax levy on the
premises to be collected during the ensuing year. The action may be optional or
subsequent to taking legal action to collect delinquent accounts.
(1987 Code, § 507.09) (Ord. 237, passed 5 -13 -1991; Am. Ord. 263, passed
12 -14 -1992; Am. Ord. 385, passed 5 -28 -2002; Am. Ord. 461, passed 7 -27 -2009)
503.10 MANDATORY RECYCLING FOR MULTIPLE - FAMILY DWELLINGS.
Owners of multiple - family dwellings containing more than eight dwelling units
shall either contract directly with the recycling hauler under contract with the city or with
a private hauler licensed under the provisions of § 503.05 of this chapter for the
provision of a recycling collection service to all residents of the dwelling. If the owner
contracts with a hauler other than the hauler under contract with the city, a written
description of the specific recycling collection plan must be submitted to the city for
approval and verification of the existence of the services to the residents. The recycling
services provided under this section must comply with the requirements of this code
and all applicable Hennepin County ordinances for recycling.
(1987 Code, § 507.10) (Ord. 238, passed 6 -24 -1991)
CHAPTER 504
PREMISES CONDUCIVE TO HIGH -RISK SEXUAL CONDUCT
Section
504.01
Findings and purpose
504.02
Definitions
504.03
Public health regulations
504.04
Exceptions
504.05
Health enforcement powers
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504.06 Criminal penalties
504.01 FINDINGS AND PURPOSE.
The City Council of the City of Shorewood makes the following findings
regarding the need to regulate commercial premises, buildings and structures that are
conducive to the spread of communicable disease of danger to persons in order to
further the substantial interest of public health:
Subd. 1. The experience of other cities establishes that certain commercial
premises, buildings and structures, or parts thereof, by reason of the design and use of
the premises, buildings or structures are conducive to the spread of communicable
disease of danger to persons frequenting the premises, buildings or structures, as well
as to the general public, and that the risk of spreading infectious and contagious
diseases can be minimized by regulating the commercial premises, buildings and
structures;
Subd. 2. The experience of other cities where the commercial premises, buildings
and structures are present indicates that the risk of spreading the sexually
transmittable disease of Acquired Immune Deficiency Syndrome (AIDS) is increased by
the presence of the premises, buildings and structures, because the design or use of
the premises, buildings and structures, or parts thereof, can facilitate high -risk sexual
conduct;
Subd. 3. Medical publications of the Center for Disease Control of the United
States Department of Health and Human Services indicate that the sexually
transmittable disease of AIDS is currently irreversible and uniformly fatal. Medical
research has further established that the risk factors for obtaining or spreading AIDS
are associated with high risk sexual conduct;
Subd. 4. Certain commercial premises, buildings and structures, or parts thereof,
by reason of their design and use are conducive to high -risk sexual conduct and hence
the spread of communicable disease and that the risk of spreading infectious and
contagious diseases can be minimized by regulating these commercial premises,
buildings and structures;
Subd. 5. The public health, safety, morals and general welfare will be promoted by
the city adopting regulations governing commercial premises, buildings and structures
conducive to high -risk sexual conduct;
Subd. 6. The purpose of these regulations is to prescribe regulations governing
commercial premises, buildings and structures that are conducive, by virtue of design
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and use, to high -risk sexual conduct which can result in the spread of sexually
transmitted diseases to persons frequenting the premises, buildings and structures.
(1987 Code, § 509.01)
504.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BOOTHS, STALLS OR PARTITIONED PORTIONS OF A ROOM OR
INDIVIDUAL ROOM.
a. Enclosures specifically offered to persons for a fee or as an
incident to performing high- risk sexual conduct; or
b. Enclosures which are part of a business operated on the premises
which offers movies or other entertainment to be viewed within the enclosure, including
enclosures wherein movies or other entertainment is dispensed for a fee, but does not
include enclosures that are private offices used by the owners, managers or persons
employed by the premises for attending to the tasks of their employment and which are
not held out to the public or members of the establishment for hire or for a fee or for the
purpose of viewing movies or other entertainment for a fee and are not open to any
persons other than employees.
DOORS, CURTAINS OR PORTAL PARTITIONS. Full, complete,
non - transparent closure devices through which one cannot see or view activity taking
place within the enclosure.
HAZARDOUS SITE. Any commercial premises, building or structure, or any part
thereof, which is a site of high -risk sexual conduct as defined herein.
HIGH -RISK SEXUAL CONDUCT. This term means:
a. Fellatio;
b. Anal intercourse; or
C. Vaginal intercourse with persons who engage in sexual acts in
exchange for money.
OPEN TO AN ADJACENT PUBLIC ROOM SO THAT THE AREA INSIDE IS
VISIBLE TO PERSONS IN THE ADJACENT PUBLIC ROOM. Either the absence of
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any entire door, curtain or portal partition or a door or other device which is made of
clear, transparent material such as glass, plexiglass or other similar material meeting
building code and safety standards, which permits the activity inside the enclosure to
be entirely viewed or seen by persons outside the enclosure.
PUBLIC HEALTH OFFICIAL. An agent or employee of the city, county or state
charged with the enforcement of the state or local health laws.
(1987 Code, § 509.02)
504.03 PUBLIC HEALTH REGULATIONS.
Subd. 1. A commercial building, structure, premises or part thereof or facilities
therein may not be constructed, used, designed or operated in the city for the purpose
of engaging in, or permitting persons to engage in, sexual activities which include
high -risk sexual conduct.
Subd. 2. It is unlawful to own, operate, manage, rent, lease or exercise control of a
commercial building, structure, premises or portion or part thereof in the city that
contains:
a. Partitions between subdivisions of a room, portion or part of a
building, structure or premises having an aperture which is designed or constructed to
facilitate sexual activity, including but not limited to vaginal intercourse, anal
intercourse or fellatio, between persons on either side of the partition;
b. Booths, stalls or partitioned portions of a room or individual room,
as defined herein, which have doors, curtains or portal partitions, as defined herein,
unless the booths, stalls or partitioned portions of a room or individual room have at
least one side open to an adjacent public room so that the area inside is visible to
persons in the adjacent public room as defined herein. Booths, stalls or partitioned
portions of a room or individual room that are so open to an adjacent public room must
be lighted in a manner that the persons in the area used for viewing motion pictures or
other forms of entertainment are visible from the adjacent public rooms, but the lighting
need not be of the intensity as to prevent the viewing of the motion pictures or other
offered entertainment.
(1987 Code, § 509.03) Penalty, see § 104.01
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504.04 EXCEPTIONS.
The regulations set forth in this chapter do not apply to premises, buildings or
structures that are lawfully operating and licensed as hotels, motels, apartment
complexes, condominiums, townhomes or boarding houses which are subject to other
general health and sanitation requirements under state and local law.
(1987 Code, § 509.04)
504.05 HEALTH ENFORCEMENT POWERS.
Subd. 1. In exercising powers conferred by this or any other chapter of this code
relating to communicable diseases, the Public Health Official is to be guided by the
most recent instructions, opinions and guidelines of the Center for Disease Control of
the United States Department of Health and Human Services that relate to the spread
of infectious diseases.
Subd. 2. In order to ascertain the source of infection and reduce its spread, the
Public Health Official, and persons under the Public Health Official's direction and
control, may inspect or cause to be inspected and to issue orders regarding any
commercial building, structure or premises or any part thereof that may be a site of
high -risk sexual conduct. If the Public Health Official determines that a hazardous site
as defined herein exists, the Public Health Official will declare it to be a public health
hazard and public health nuisance and will:
a. Notify the manager, owner or tenant of the hazardous site that the
Public Health Official has reasonable belief that the premises, building or structure is a
hazardous site as defined herein;
b. Issue two written warnings at least ten days apart to the manager,
owner or tenant of the premises stating the specific reasons for the Public Health
Official's opinion that the premises, building or structure is a hazardous site as defined
herein;
C. Once the notices and warnings have been issued, the Public
Health Official must proceed as follows:
(1) After the manager, owner or tenant of the premises has
been notified in writing as to the basis of the Public Health Official's determination, the
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manager, owner or tenant will have ten days from the date of the last warning to
request a hearing before the Public Health Official or the Public Health Official's
appointee for the determination as to the existence of the hazardous site. If the
manager, owner or tenant of the premises does not request a hearing within ten days of
the date of the last warning notice, the Public Health Official will then cause the
premises to be posted with a warning advising the public that the premises have been
declared a hazardous site and the Public Health Official will cause orders to be issued
to the manager, owner or tenant of the premises constituting the hazardous site to take
specified corrective measures to prevent high -risk sexual conduct from taking place
within the premises;
(2) If the manager, owner or tenant of the premises requests a
hearing, the hearing will be held before the Public Health Official or the Public Health
Official's appointee at a date not more than 30 days after demand for a hearing. After
considering all evidence, the Public Health Official or the Public Health Official's
appointee will make a determination as to whether the premises constitute a hazardous
site, as defined herein, and issue a decision based upon all hearing evidence
presented. If the Public Health Official or the Public Health Official's appointee makes
a determination that the premises constitute a hazardous site, the Public Health Official
will then issue orders to the manager, owner or tenant of the premises to take
corrective measures to prevent high -risk sexual conduct from taking place within the
premises and cause the premises to be posted with a warning advising the public that
the premises have been declared a hazardous site;
(3) If, within 30 days after issuance of the orders to the
manager, owner or tenant of the hazardous site, the Public Health Official determines
that the corrective measures have not been undertaken, the Public Health Official may
order the abatement of the hazardous site as a public nuisance, which may be enforced
by mandatory or prohibitory injunction in a court of competent jurisdiction or may secure
a court order for the closure of the premises constituting the hazardous site until the
premises, building or structure is in compliance with all provisions of this code.
(1987 Code, § 509.05)
504.06 CRIMINAL PENALTIES.
A person violating any provision of this chapter or any person who removes,
destroys or defaces warnings posted on premises by the Public Health Official pursuant
to this chapter shall be guilty of a misdemeanor.
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(1987 Code, § 509.06) Penalty, see § 104.01
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,
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application for an event is made on a form as provided by the City Administrator /Clerk.
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)
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.
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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
DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency,
commitment under M.S. Chapter 253B, 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.
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(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.
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. §§ 243.1667
243.167, or successor statute, prior to July 10, 2006.
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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.
e. The residence is also the primary residence of the person's
parents, grandparents, siblings, spouse, or children.
f. 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.
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)
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Subject
Chapter
Alarm Systems
601
Emergency Management
602
Misdemeanor Offenses
603
Unclaimed Property
604
False Information to Police
605
Juvenile Curfew
606
Uniform Fire Code
607
Open Burning
608
Storage of Combustible Liquids
609
Traffic Code
610
Snowmobiles
611
Social Host
612
CHAPTER 601
ALARM SYSTEMS
Section
601.01 Statement of purpose
601.02 Definitions
601.03 Permits and exemptions
601.04 False alarms, reports required
601.05 Prohibited conditions, systems utilizing taped or prerecorded messages
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601.06 Permit fees
601.07 Suspension or revocation of permit
601.08 Criminal penalties
601.01 STATEMENT OF PURPOSE.
Subd. 1. The city deems it necessary to provide for the regulations of alarm
systems which are designed to signal the presence of a hazard requiring urgent
attention to which public safety personnel are expected to respond, in order to protect
the public health, safety and welfare.
Subd. 2. The City Council finds that the regulation of alarms is necessary in order
to reduce the increasing frequency of false alarms in the city. The great number of and
increasing frequency of these false alarms requires intensive, time - consuming efforts
by the Public Safety Department and thereby distracts from and reduces the level of
services available to the rest of the community. This diminishes the ability of the city to
promote the general health, welfare and safety of the community. In consideration for
the necessity on the part of the city to provide numerous public safety services to all
segments of the community, without an undue concentration of public services in one
area to work to the detriment of members of the general public, it is decided that the
alarm systems shall be regulated through the permit process described below.
(1987 Code, § 601.01)
601.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ALARM SYSTEM. An assembly of equipment and devices (or a single device
such as a solid state unit) arranged to signal the presence of a hazard. For the
purposes of this chapter, the alarm, when triggered, must be directly connected to a
central monitoring agency which then notifies the Police and /or Fire Departments of an
emergency to which public safety personnel must respond or may emit an audible
signal which will require urgent attention and to which public safety personnel are
expected to respond.
ALARM USER. The person, firm, partnership, association, corporation, company
or organization of any kind on whose premises an alarm system is maintained. ALARM
USER shall include persons occupying dwelling units for residential purposes, but shall
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not include persons maintaining alarm systems in automobiles.
CHIEF. The head of the appropriate Public Safety Department.
FALSE ALARMS. The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner or lessee of an alarm
system or of his or her employees or agents. It does not include activation of the alarm
by utility company power outages (except as set forth below) or by climatic conditions
such as tornadoes, lightning, earthquakes, other violent conditions of nature or any
other conditions which are clearly beyond the control of the alarm manufacturer,
installer or owner. Effective August 1, 1987, false alarms resulting from power outages
shall be treated as other false alarms and counted as false alarms for permit purposes.
PERSON. Any individual, partnership, corporation, association, cooperative or
other entity.
(1987 Code, § 601.02) (Ord. 353, passed 6 -14 -1999)
601.03 PERMITS AND EXEMPTIONS.
Subd. I. Permit required. Every alarm user who, during the course of a 12 month
period, incurs more than two false police alarms or more than one false fire alarm shall
be required to obtain an alarm user's permit.
Subd. 2. Review of permit. The Chief shall review the issuance of all alarm permits.
Subd. 3. Process for issuance of permit. Upon receipt and determination of the
third false police alarm report, or the second false fire alarm report at an address within
a 12 month period, the Chief, after review, shall notify the City Administrator /Clerk who
shall then assess the alarm user for an alarm user's permit. The assessment invoice
shall be sent by certified mail or delivered and accepted personally. The alarm user
must submit the required permit fee to the City Administrator /Clerk within ten working
days after receipt of the assessment invoice in order to continue to use his or her alarm
system. Any subsequent false police or fire alarms at that address within a period of 12
months from the date of issuance of the permit shall automatically revoke the permit
and the process must then be repeated and a new permit obtained; except that after six
months or more have elapsed since the issuance of the permit, a single false police
alarm shall not revoke the permit.
Subd. 4. Duration of permit. All permits, unless otherwise revoked, will expire 12
months from date of issue.
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Subd. 5. Exemptions. The provisions of this chapter are not applicable to audible
alarms affixed to automobiles.
(1987 Code, § 601.03) (Ord. 353, passed 6 -14 -1999)
601.04 FALSE ALARMS, REPORTS REQUIRED.
Subd. 1. False alarm reports. The Chief may, at his or her discretion, require a
false alarm report to be filed by the alarm user with the Public Safety Department,
within a time period to be specified by the Chief. If the Chief determines that a false
alarm has occurred at an address, the alarm user at that address may submit a written
report to the Chief to explain the cause of the alarm activation. If the Chief determines
that the alarm was caused by conditions beyond the control of the alarm user, the
alarm will not be counted as a false alarm at that address.
Subd. 2. False alarms excused. False alarms will be excused if they are the result
of an effort or order to upgrade, install, test or maintain an alarm system and if the
Public Safety Department is given notice in advance of the upgrade, installation, test
and maintenance.
(1987 Code, § 601.04) (Ord. 353, passed 6 -14 -1999)
601.05 PROHIBITED CONDITIONS, SYSTEMS UTILIZING TAPED OR
PRERECORDED MESSAGES.
No person shall install, monitor or use and possess an operative alarm which
utilizes taped or prerecorded messages which deliver a telephone alarm message to
the Police or Fire Departments.
(1987 Code, § 601.05) (Ord. 182, passed 7 -14 -1986)
601.06 PERMIT FEES.
Subd. 1. Permit fees. The fees for alarm users' permits shall be as provided in §
1301.02 of this code.
Subd. 2. Requirement of subsequent permit. After expiration of an alarm user's
permit, no subsequent permit shall be required until the time as the alarm user incurs
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more than two false police alarms or more than one false fire alarm within a 12 month
period.
(1987 Code, § 601.06) (Ord. 182, passed 7 -14 -1986; Am. Ord. 263, passed
12 -14 -1992)
601.07 SUSPENSION OR REVOCATION OF PERMIT
Subd. 1. Basis for revocation or suspension. In addition to the automatic revocation
process described in § 601.03 of this chapter, the Public Safety Department may
suspend or revoke any alarm user's permit issued pursuant to this chapter if the Public
Safety Department finds that any of the following occur:
a. That any provision or condition of this chapter has been violated by
an alarm user or his or her agents;
b. That an alarm system has actuated an excessive number of police
false alarms or in excess of four in a 12 month period of fire false alarms;
C. That the alarm user has knowingly made false statements in or
regarding his or her application for an alarm user's permit;
d. That the alarm user has failed to correct or remove, within a
reasonable period, violations of this chapter after receipt of notice to do so;
e. That the continued effectiveness of the alarms user permit
constitutes a substantial threat to the public peace, health, safety or welfare.
Subd. 2. Investigation. All alleged violations defined above shall be investigated by
the Public Safety Department. The alarm user shall be given notice of the proposed
revocation or suspension and be provided an opportunity to informally present
evidence to the Chief prior to the final decision on revocation or suspension. Anyone
aggrieved by the decision of the Chief may appeal that decision to the City Council.
The Safety Department may suspend or revoke any alarm user's permit issued
pursuant to this Chapter if the Public Safety Department finds that any of the following
occur:
a. That any provision or condition of this chapter has been violated by
an alarm user or his or her agents;
alarms;
b. That an alarm system has actuated an excessive number of false
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C. That the alarm user has knowingly made false statements in or
regarding his or her application for an alarm user's permit.
d. That the alarm user has failed to correct or remove, within a
reasonable period, violations of this chapter after receipt of notice to do so;
e. That the continued effectiveness of the alarm user permit
constitutes a substantial threat to the public peace, health, safety or welfare.
(1987 Code, § 601.07) (Ord. 353, passed 6 -14 -1999)
601.08 CRIMINAL PENALTIES.
Any person violating any provision of this chapter shall be punished according to
§ 104.01 of this code of ordinances.
CHAPTER 602
EMERGENCY MANAGEMENT
Section
602.01 Policy and purpose
602.02 Definitions
602.03 Establishment of an Emergency Management Organization
602.04 Powers and duties of the Director
602.05 Local emergencies
602.06 Emergency regulations
602.07 Emergency management a governmental function
602.08 Participation in labor dispute or politics
602.09 Authorizing dispatch and use of city equipment and services by the Director
in emergency situations (mutual aid)
602.01 POLICY AND PURPOSE.
Subd. 1. Because of the existing possibility of the occurrence of disasters of
unprecedented size and destruction resulting from fire, flood, tornado, blizzard,
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destructive winds or other natural causes or from sabotage, hostile action or from
hazardous material mishaps of catastrophic measure or other major incidents and in
order to insure that preparations of the city will be adequate to deal with the disasters
and generally to provide for the common defense and to protect the public peace,
health and safety and to preserve the lives and property of the people of this city, it is
found and declared to be necessary.
a. To establish a city emergency management organization
responsible for city planning and preparation for emergency government operations in
time of disasters.
b. To provide for the exercise of necessary powers during
emergencies and disasters.
C. To provide for the rendering of mutual aid between the city and
other political subdivisions with respect to the carrying out of emergency preparedness
functions.
d. To comply with the provisions of M.S. Chapter 12, known as the
Minnesota Emergency Management Act of 1996.
e. To participate as a member of the Lake Minnetonka Regional
Emergency Management, Preparedness Planning and Review Committee, review and
accept its emergency plan as the city's basic plan for responses to emergencies,
disasters, major incidents, mutual aid and other projects consistent with this chapter
and M.S. Chapter 12.
(1987 Code, § 602.01)
602.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
DISASTER. A situation which creates an immediate and serious impairment to
the health and safety of any person or a situation which has resulted in or is likely to
result in major loss to property and for which traditional sources of relief and assistance
within the affected area are unable to repair or prevent the injury or loss.
EMERGENCY. An unforeseen combination of circumstances which calls for
immediate action to respond or prevent from developing or occurring.
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EMERGENCY MANAGEMENT. The preparation for and the carrying out of all
emergency functions to prevent, minimize and repair injury and damage resulting from
disasters caused by fire, flood, tornado and other acts of nature or from sabotage,
hostile action or from industrial hazardous material mishaps or other major incidents.
These functions include, without limitation, firefighting services, police services,
emergency medical services, engineering, warning services, communications,
radiological and chemical, evacuation, congregate care, emergency transportation,
existing or properly assigned functions of plant protection, temporary restoration of
public utility services and other functions related to civil protection, together with all
other activities necessary or incidental for carrying out of the foregoing functions.
EMERGENCY MANAGEMENT includes those activities sometimes referred to as Civil
Defense or Emergency Preparedness functions.
EMERGENCY MANAGEMENT FORCES. The total personnel resources
engaged in city level emergency management functions in accordance with the
provisions of this chapter or any rule or order thereunder. This includes personnel from
city departments, authorized volunteers and private organizations and agencies.
EMERGENCY MANAGEMENT MUTUAL AID. Any disaster or major incident
which requires the dispatching of city personnel, equipment or other necessary
resources within or without the city limits.
EMERGENCY MANAGEMENT ORGANIZATION. The staff element responsible
for coordinating city -level planning and preparation for disaster response. This
organization provides city liaison and coordination with federal, state and local
jurisdictions relative to disaster preparedness activities, major incidents, mutual aid and
other projects consistent with this chapter and assures implementation of federal, state,
county and other program requirements.
LAKE MINNETONKA REGIONAL EMERGENCY MANAGEMENT,
PREPAREDNESS PLANNING AND REVIEW COMMITTEE. A committee made up of
the Lake Minnetonka area emergency management directors which develops, renews
and establishes a basic emergency plan and identifies and coordinates training for
member communities and reviews local plans, exercises, major incidents and disaster
responses which are consistent with this chapter.
MAJOR INCIDENT. Any incident which exhausts local resources.
(1987 Code, § 602.02)
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602.03 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION.
There is created with the city government an emergency management
organization which shall be under the supervision and control of the Emergency
Management Director, hereinafter called the "Director." The Director shall be appointed
by the City Council at its organizational meeting annually. The Director shall have
direct responsibility for the organization, administration and operation of the emergency
preparedness organization.
(1987 Code, § 602.03)
602.04 POWERS AND DUTIES OF THE DIRECTOR.
Subd. 1. The Director shall represent the city on any regional or state conference
for emergency management. The Director may develop additional mutual aid
agreements with other political subdivisions of the state for reciprocal emergency
management aid and assistance in an emergency too great to be dealt with unassisted
and shall present the agreements to the city for its action. The arrangements shall be
consistent with the Emergency Plan. The Director shall also be the city's representative
on the Lake Minnetonka Regional Emergency Management, Preparedness Planning
and Review Committees.
Subd. 2. The Director shall make assessments of personnel, businesses and
industries, resources and facilities of the city as deemed necessary to determine their
adequacy for emergency management and to plan for their most efficient use in time of
an emergency, major incident or disaster.
Subd. 3. The Director shall work with the City Administrator /Clerk and department
heads in preparing an comprehensive emergency plan for the emergency
preparedness of the city and shall present the plan to the city for its approval. When
the Council has approved the plan by resolution, it shall be the duty of all city agencies
and all emergency preparedness forces of the city to perform the duties and functions
assigned by the plan as approved. The plan may be modified in like manner from time
to time. The Director shall coordinate the basic emergency management activities of
the city to the end that they shall be consistent and fully integrated with the basic
emergency plan of the Lake Minnetonka Regional Emergency Management,
Preparedness Planning and Review Committee and federal and state governments.
The Director shall coordinate efforts with the City Administrator /Clerk and train and
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work with city staff to maximize efficiency of emergency operations
Subd. 4. In accordance with the Emergency Plan, the Director shall institute the
training programs, public information programs and conduct practice warning alerts and
emergency exercises as may be necessary to assure prompt and effective operation of
the Emergency Plan when a disaster, major incident or mutual aid occurs.
Subd. 5. The Director, during an emergency, major incident or mutual aid, shall
utilize the personnel, services, equipment, supplies and facilities of existing
departments and agencies of the city to the maximum extent practicable. The officers
and personnel of all the departments and agencies shall be, to the maximum extent
practicable, cooperative with and extend the services and facilities to the Emergency
Management organization. The head of each department or agency in cooperation with
the Director shall be responsible for the planning and programming of the emergency
activities as will involve the utilization of the facilities of the department or agency.
Subd. 6. The Director shall, in cooperation with the existing departments and
agencies affected, assist in the organizing, recruiting and training of the emergency
management personnel that may be required on a volunteer basis to carry out the
emergency plans. To the extent that the emergency personnel are recruited to augment
a regular department or agency for emergencies, they shall be assigned to the
departments or agencies and shall be under the administration and control of the
department or agency.
Subd. 7. The Director shall carry out all orders, rules and regulations issued by the
governing authority with reference to emergency management.
Subd. 8. The Director shall prepare and submit the reports on emergency
preparedness activities as may be requested by the governing authority.
(1987 Code, § 602.04)
602.05 LOCAL EMERGENCIES.
Subd. 1. A local emergency, including a disaster, major incident or mutual aid
response, may be declared by the Mayor, or their legal successors. It shall not be
continued for a period in excess of three days except by or with the consent of the
governing board of the political subdivision. Any order or proclamation declaring,
continuing or terminating a local emergency shall be given prompt and general publicity
and shall be filed promptly by the clerk of the local records - keeping agency of the
subdivision. An emergency meeting of the City Council shall be called as soon as
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practical to confirm the local emergency declaration.
Subd. 2. A declaration of local emergency shall invoke necessary portions of the
response and recovery aspects of applicable plans, including fiscal expenditures which
are consistent with this chapter.
Subd. 3. No other jurisdictional agency or official may declare a local emergency
unless expressly authorized by the agreement under which the agency functions.
(1987 Code, § 602.05)
602.06 EMERGENCY REGULATIONS.
Subd. 1. Whenever necessary to meet a declared emergency or to prepare for an
emergency for which adequate regulations have not been adopted by the Governor or
the City Council, the Council may by resolution promulgate regulations, consistent with
the applicable federal or state law or regulation, respecting: the conduct of persons and
the use of property during emergencies; the repair, maintenance and safeguarding of
essential public services, emergency health, fire and safety regulation, drills or practice
periods required for preliminary training and all other matters which are required to
protect public safety, health and welfare in declared emergencies.
Subd. 2. Every resolution of emergency regulations shall be in writing: shall be
dated; shall refer to the particular emergency to which it pertains, if so limited, and shall
be filed in the office of the City Administrator /Clerk, which copy shall be kept posted
and available for public inspection during business hours. Notice of the existence of the
regulation and its availability for inspection at the Administrator's Office shall be
conspicuously posted at the front of the city hall or other headquarters of the city or at
the other places in the affected areas the Council shall designate in the resolution. By
like resolution, the Council may modify or rescind any regulation.
Subd. 3. The City Council may rescind any regulation by resolution at any time. If
not sooner rescinded, every regulation shall expire at the end of 30 days after its
effective date or at the end of the emergency to which it relates, whichever comes first.
Any resolution, rule or regulation inconsistent with an emergency regulation
promulgated by the Council shall be suspended during the period of time and to the
extent the conflict exists.
Subd. 4. During a declared emergency, the Director is, notwithstanding any
statutory or charter provision on the contrary, empowered through its governing body
acting within or without the corporate limits of the city, to enter into contracts and incur
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obligations necessary to combat the disaster by protecting the health and safety of
persons and property and providing emergency assistance to the victims of the
disaster. The Director may exercise the powers in the light of the exigencies of the
disaster without compliance with the time- consuming procedures and formalities
prescribed by law pertaining to the performance of public work, entering rental
equipment agreements, purchase of supplies and materials, limitations upon tax levies
and the appropriation and expenditure of public funds, including, but not limited to,
publication of resolutions, publication of call for bids, provisions of personnel laws and
rules, provisions relating to low bids and requirements for budgets.
(1987 Code, § 602.06)
602.07 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION.
All functions thereunder and all other activities relating to emergency
management are declared to be governmental functions. The provisions of this section
shall not affect the right of any person to receive benefits to which he or she would
otherwise be entitled under this chapter or under the worker's compensation law or
under any pension law, nor the right of any person to receive any benefits or
compensation under any act of Congress.
(1987 Code, § 602.07)
602.08 PARTICIPATION IN LABOR DISPUTE OR POLITICS.
The emergency management organization shall not participate in any form of
political activity, nor shall it be employed directly or indirectly for political purposes, nor
shall it be employed in a labor dispute. The Director may express professional opinions
on legislative or other legal regulations consistent with the areas found in M.S. Chapter
12.
(1987 Code, § 602.08)
602.09 AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES
BY THE DIRECTOR IN EMERGENCY SITUATIONS (MUTUAL AID).
Subd. 1. The city finds it desirable and necessary to authorize the Director to
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dispatch city equipment and personnel to local communities who request aid to combat
their emergency, disaster or major incident consistent with this chapter and § 602.04,
Subd. 5.
Subd. 2. The Director shall evaluate the internal needs of the city and dispatch
appropriate available aid. The Director shall immediately recall, order and terminate the
use of any dispatched equipment and personnel when the need for their use no longer
exists, or earlier, when it appears in the best interest of the city. Aid requested from
outside the Lake Minnetonka Regional area, or extended local aid within the Lake
Minnetonka Regional area, shall require mutual agreement between the Director and
the City Manager /Administrator or their designee.
Subd. 3. The Director shall be fully authorized as an act of the city, and all
provisions for compensation of personnel, rental of equipment, liability insurance
coverage, worker's compensation insurance and all other safeguards and matters
pertaining to the city, its equipment and personnel shall apply in each case as if
specifically authorized and directed at such time, whether or not the governing body or
authority of the place in which the disaster, major incident, mutual aid or other
occurrence exists, has previously requested and provided for assistance and the use of
equipment and personnel under a mutual protection agreement or other type protection
agreement within the city.
(1987 Code, § 602.09) (Ord. 338, passed 8 -24 -1998)
CHAPTER 603
MISDEMEANOR OFFENSES
Section
603.01
Misdemeanor offenses generally
603.02
Conspiracy to commit an offense
603.03
Offenses involving the person
603.04
Offenses involving property
603.05
Offenses involving public health and safety
603.06
Offenses involving weapons
603.07
Offenses involving public officials
603.08
Cruelty to animals
603.09
Violation
603.10
Citations for misdemeanor violations
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603.01 MISDEMEANOR OFFENSES GENERALLY.
The doing of any of the acts or things prohibited or the failing to do any of the
things or acts commanded to be done, as set forth in this chapter, is declared to be an
offense against the good order, public peace, morals, health, welfare and proper
government of the city and is unlawful.
(1987 Code, § 603.01)
603.02 CONSPIRACY TO COMMIT AN OFFENSE.
Whenever two or more persons shall conspire to commit any act injurious to
public health, public morals, trade or commerce or for the perversion or obstruction of
public justice or the due administration of the law, every person shall be guilty of a
misdemeanor.
(1987 Code, § 603.02)
603.03 OFFENSES INVOLVING THE PERSON.
Subd. 1. Disorderly conduct. The doing of any of the following acts without
authority of law by any person or persons is declared to be disorderly conduct.
Disorderly conduct is prohibited and anyone doing any of the above acts shall be guilty
of a misdemeanor.
a. Disturbing assemblies. Wilfully disturbing any assembly or meeting
not unlawful in its character or the peace and quiet of any family or neighborhood;
b. Lewd conduct. Wilfully and lewdly exposing the person or the
private parts thereof or procuring another to so expose himself or herself and any open
or gross lewdness or lascivious behavior or any act of public indecency;
C. Profanity. Using profane, vulgar or indecent language in or about
any public buildings, store or place of business or upon any of the streets, alleys or
sidewalks of the city so as to be audible and offensive;
d. Intoxication or drinking in public. Appearing on any public street or
other public place drinking intoxicating liquor on any street or in a vehicle upon a public
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street
Subd. 2. Assault. No person shall strike or attempt to strike, nor in any unlawful
manner offer to do or do any bodily harm to another person nor unlawfully make an
attempt to apply any degree of force or violence to the person of another, nor in a
violent, rude, angry or insolent manner touch or lay hands upon the person of another.
Subd. 3. Vagrancy, state laws adopted. The provisions of M.S. § 609.725, as
amended, relating to vagrancy are adopted and made a part of this section as if set out
in full herein.
(1987 Code, § 603.03) (Ord. 5, passed 7 -17 -1956)
603.04 OFFENSES INVOLVING PROPERTY.
Subd. 1. Injury or damage to property. Every person who shall wilfully or
maliciously displace, remove, injure or destroy any of the following shall be guilty of a
misdemeanor:
a. A highway or private way laid out by authority of law or any bridge
upon the public or private way;
b. A tree, rod, post or other monument which has been erected or
marked for the purpose of designating a point in any boundary or any mark or
inscription thereon;
C. A mile board, a milestone or guide post erected upon a highway or
any inscription thereon;
d. A line of telegraph or telephone or any part thereof or any
appurtenance or apparatus connected with the working of any magnetic or electrical
telegraph or telephone or the sending or conveyance of messages thereby;
e. The pipe or main for conducting gas or water or heat or any
appurtenance or appendage connected therewith;
f. A sewer or drain or a pipe or a main connected therewith or
forming a part thereof.
Subd. 2. Damage to crops. Every person who shall maliciously injure or destroy
any standing crops, grain, cultivated fruits or vegetables or the property of another in
any case for which punishment has not been otherwise prescribed shall be guilty of a
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misdemeanor.
Subd. 3. Damage to, throwing missiles at buildings. Every person who shall in any
manner wilfully damage any building or part thereof, throw any stone or other missile at
or break any window therein or who shall aid, counsel, hire or procure any persons so
to do shall be guilty of a misdemeanor.
(1987 Code, § 603.04)
603.05 OFFENSES INVOLVING PUBLIC HEALTH AND SAFETY.
Subd. 1. Committing or maintaining a public nuisance. Every person who shall
commit or maintain a public nuisance for which no special punishment is prescribed or
who shall wilfully omit or refuse to perform any legal duty relating to the removal of the
nuisance; every person who shall let or permit to be used any building or portion
thereof, knowing it is intended to be used for committing or maintaining any nuisance,
shall be guilty of a misdemeanor.
Subd. 2. Sale of flammable liquids. Every manufacturer or vendor who shall sell or
cause to be sold, place or cause to be placed, any gasoline or benzine in quantities of
more than one pint, in any receptacle except of a bright red color and tagged and
labeled in large plain letters with the name of the contents; or who shall sell or cause to
be sold, place or cause to be placed, kerosene or other illuminating oil in the same
quantities except in a receptacle of red color shall be guilty of a misdemeanor.
Subd. 3. Restrictions on the discharge of fireworks.
a. The use, display, possession, discharge or sale of any fireworks
not expressly permitted by M.S. § 624.20, Subd. 1(c) is strictly prohibited.
b. All use, display or discharge of those nonexplosive, nonaerial
pyrotechnic entertainment devices only containing the limited amounts of pyrotechnic
chemical compositions described in and permitted by M.S. § 624.20, Subd. 1(c),
hereinafter "permitted consumer fireworks," is strictly prohibited in the area on, below,
above or within or in close proximity to:
(1) Recreational areas, roadways, streets, highways, bicycle
lanes, pedestrian paths, sidewalks, rights of way, lakes, rivers, waterways and all other
property owned or leased by the City of Shorewood, County of Hennepin, State of
Minnesota or federal government and located in whole or in part within the city limits;
(2) Private property within the city limits that has conspicuously
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posted a written sign or notice that no fireworks discharge is allowed;
(3) Within 300 feet of any consumer fireworks retail sales
facility or storage area that has properly posted a written sign or notice that no
fireworks discharge is allowed;
(4) Any property, area, structure or material that by its physical
condition or the physical conditions in which it is set would constitute a fire or personal
safety hazard.
C. All other use, display or discharge of permitted consumer fireworks
must be conducted in a manner that minimizes the risk of fire or injury to other persons
or property.
(1987 Code, § 603.05) (Am. Ord. 387, passed 6 -10 -2002)
603.06 OFFENSES INVOLVING WEAPONS.
Subd. 1. Weapons sales to minors. Every person who shall sell, give, loan or in
any way furnish any firearm or ammunition to a minor under the age of 18 years without
the written consent of his or her parents or guardian or of a police officer or magistrate
shall be guilty of a misdemeanor.
Subd. 2. Discharge of firearms. No person shall fire off, discharge or explode any
gun, pistol or firearm within the limits of the city. This provision shall not apply to any
duly constituted law enforcement officer in the discharge of his or her official duties, or
to persons authorized by the South Lake Minnetonka Police Department for purposes
of wildlife management.
(1987 Code, § 603.06) (Ord. 5, passed 7 -17 -1956; Ord. 20, passed 9 -16 -1958; Ord.
430, passed 11 -13 -2006)
603.07 OFFENSES INVOLVING PUBLIC OFFICIALS.
Subd. 1. Threatening public officials. Every person who shall directly or indirectly
address any threat or intimidation to a public officer or to a referee, arbitrator, appraiser
or assessor or to any other person authorized by law to hear or determine any
controversy or matter, with intent to induce him or her contrary to his or her duty to do
or make or to omit or delay in any act, decision or determination shall be guilty of a
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misdemeanor.
Subd. 2. Interfering with health officials. Every person who shall wilfully oppose or
obstruct a health officer or physician charged with the enforcement of the health laws in
performing any legal duties shall be guilty of a misdemeanor.
(1987 Code, § 603.07)
603.08 CRUELTY TO ANIMALS.
Every person who shall inhumanely, unnecessarily, cruelly or wantonly beat,
injure or otherwise abuse any dumb animal shall be guilty of a misdemeanor.
(1987 Code, § 603.08) (Ord. 5, passed 7 -17 -1956)
603.09 VIOLATION.
Any person convicted of violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor.
(1987 Code, § 603.09) (Ord. 5, passed 7 -17 -1956; Am. Ord. 56, passed 9 -8 -1969)
603.10 CITATIONS FOR MISDEMEANOR VIOLATIONS.
Subd. 1. Officers, employees and agents of the city who have the duty to enforce
an ordinance or statute may be designated by resolution of the City Council to issue a
citation whenever the officer, employee or agent has probable cause to believe that the
person cited has committed a misdemeanor which the officer, employee or agent has
the duty to enforce. The officer, employee or agent shall deliver executed citations to
the South Lake Minnetonka Public Safety Department for filing with the court.
Subd. 2. No officer, employee or agent shall be allowed by his or her superior to
exercise the citation authority granted herein unless the officer, employee or agent has
been properly designated by resolution of the City Council.
(1987 Code, § 603.10) (Ord. 200, passed 9 -14 -1987)
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CHAPTER 604
UNCLAIMED PROPERTY
Section
604.01
Definition
604.02
Unclaimed personalty
604.03
Confiscated personalty
604.04
Unclaimed motor vehicles
604.05 Summary disposal
604.06 Violation
604.01 DEFINITION.
The term RESPONSIBLE AUTHORITY shall mean the Chief of Police.
(1987 Code, § 604.01)
604.02 UNCLAIMED PERSONALTY.
Except as otherwise provided in §§ 604.03 and 604.04, any money or personal
property, other than animals, coming into the possession of the city in the course of any
municipal operation shall be handled and disposed of in the manner provided in this
section.
Subd. 1. Custody of unclaimed personalty. Any money or personal property coming
into the possession of any city officer, agent or employee, or member of any city
department shall, within 24 hours, be turned over to the responsible authority by the
officer, agent or employee or member of the city department. The responsible authority
shall make provisions for receiving and safekeeping of property and money delivered to
him or her and coming into his or her possession in the course of municipal operations.
A receipt shall be issued to the person delivering the property or money to the city. The
property shall be stored in a safe place and the money deposited with the City
Treasurer in a special account for a period of three months unless claimed by the lawful
owner.
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Subd. 2. Claims by owners. During the three month period, the responsible
authority shall make a search to locate the lawful owner. He or she may deliver the
property or order the money paid to the owner thereof after receiving satisfactory proof
of ownership and after providing ten days notice by mail to the person, other than the
police officer or city employee, who delivered the property and to the other person who
has asserted a claim of ownership. The Administrator shall not issue any order for the
disbursement of the money without the written order of the responsible authority. If
ownership cannot be determined to his or her satisfaction, the responsible authority
may refuse to deliver the property or order the payment of the money to anyone until
ordered to do so by a court of competent jurisdiction.
Subd. 3. Claim by finder. If the lawful owner does not claim the property or money
during this three month period, the responsible authority may deliver the property or
order the money paid to the person, other than the police officer or city employee, who
delivered it to him or her if the finder shall have previously asserted in writing a claim to
the property or money.
Subd. 4. Disposition of unclaimed money. If any money is not claimed by the lawful
owner or finder within the three month period, the responsible authority shall so notify
the Administrator and the money shall then be transferred to the General Fund of the
city.
Subd. 5. Sale and disposal of unclaimed property.
a. Public auction or use by city. After the three month period, property
not delivered to the lawful owner or finder shall be sold by the responsible authority at
public auction or appropriated to the use of the city.
(1) Notice of sale. On behalf of the city, the responsible
authority shall sell all unclaimed property and all property not appropriated to or by the
city following at least one published notice thereof in the city's official newspaper not
less than two weeks prior to the sale. The published notice shall contain the following
information:
bidder.
(a) Time and place of sale;
(b) Description of property to be sold;
(c) Terms of payment;
(d) That sale will be at public auction and to the highest
(2) Use by city or charitable organization. Instead of being sold
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at auction, any article or property may be appropriated to the use of the city by any
department in need thereof or may be appropriated and given over to the use of any
nonprofit, charitable corporation, organization or foundation for a charitable purpose,
upon approval of such a method of appropriation by the City Council.
b. Public sale. If the volume and value of unclaimed property is
insufficient, in the opinion of both the Chief of Police and the City Administrator /Clerk,
to justify a public auction, the unclaimed property may be sold by public sale. The
responsible authority shall follow the procedure in paragraph a(1) above except that
sale will be at a public sale to the person with the first reasonable offer.
C. Proceeds of sale. The responsible authority shall remit the
proceeds of the auction /sale to the City Treasurer for deposit in the General Fund.
d. Disposal of unsold or unused property. Any property offered for
sale but not sold and not suitable for appropriation to the use of the city shall be
deemed worthless and shall be disposed of in the manner as the City
Administrator /Clerk directs.
e. Reclamation by owner. The lawful owner of property sold at public
auction or sale shall, upon application to the City Administrator /Clerk within six months
from the date of sale and upon delivery of satisfactory proof of ownership, be paid the
sale price from the General Fund, less the reasonable expenses incurred in the
movement, storage, care and sale of the property.
(1987 Code, § 604.02)
604.03 CONFISCATED PERSONALTY.
Any money or personal property, other than animals, coming into the possession
of the City Police Department in the course of investigating or prosecuting any criminal
offenses or ordinance violations shall be handled and disposed of in the manner
provided in § 604.02 hereof; except, that the three month custody period shall not begin
to run until the time as any prosecution and appeal proceedings, if any, shall have been
completed for any criminal offense or ordinance violation involving the personal
property or money.
(1987 Code, § 604.03)
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604.04 UNCLAIMED MOTOR VEHICLES.
Any unclaimed motor vehicles, as the vehicles are defined by M.S. Chapter 169,
as amended, coming into the possession of the city in the course of any municipal
operations shall be handled and disposed of in the manner provided in M.S. §§
16813.01 through 16813.10.
(1987 Code, § 604.04)
604.05 SUMMARY DISPOSAL.
The responsible authority may, in the manner as he or she determines to be in
the public interest, summarily dispose of any property coming into his or her
possession which he or she determines to be dangerous or perishable. He or she shall
make a record of the pertinent facts of the receipt and disposal of the property and
report the information to the City Administrator /Clerk within ten days.
(1987 Code, § 604.05) (Ord. 139, passed 1 -24 -1983)
604.06 VIOLATION.
Any person who shall violate any provision of this chapter shall be deemed guilty
of a misdemeanor.
(1987 Code, § 604.06)
CHAPTER 605
FALSE INFORMATION TO POLICE
Section
605.01 False information or name
605.02 Refusal to identify
605.03 Penalty
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605.01 FALSE INFORMATION OR NAME.
No person shall communicate to a law enforcement officer:
Subd. 1. Any false or incorrect name or identity, knowing that it is false or incorrect;
or
Subd. 2. Any false information, knowing that it is false and upon which an officer
may reasonably act in reliance.
(1987 Code, § 605.01)
605.02 REFUSAL TO IDENTIFY.
No person shall refuse to correctly identify himself or herself or provide his or
her present address and birth date:
Subd. 1. Upon any lawful demand on reasonable grounds of a law enforcement
officer; or
Subd. 2. Upon legal arrest or during a valid investigatory stop while driving a motor
vehicle.
(1987 Code, § 605.02)
605.03 PENALTY.
Any person who shall violate any of the provisions of this chapter shall be
deemed guilty of a misdemeanor.
(1987 Code, § 605.03) (Ord. 187, passed 11 -10 -1986)
CHAPTER 606
JUVENILE CURFEW
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Section
606.01 Curfew for minors
606.01 CURFEW FOR MINORS.
Subd. 1. Purpose. The curfew for minors established by this section is maintained
for four primary reasons:
a. To protect the public from illegal acts of minors committed during
the curfew hours;
b. To protect minors from improper influences that prevail during the
curfew hours, including involvement with gangs;
C. To protect minors from criminal activity that occurs during the
curfew hours; and
d. To help parents control their minor children.
Subd. 2. Definitions. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ERRAND. A task that if not completed promptly threatens the
health, safety or comfort of the minor or a member of the minor's household. The term
shall include, but shall not be limited to, seeking urgent medical treatment, seeking
urgent assistance from law enforcement or Fire Department personnel and seeking
shelter from the elements or urgent assistance from a utility company due to a natural
or human -made calamity.
OFFICIAL CITY TIME. The time of day as determined by reference to the
master clock used by the Police Department.
PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT. Those
places that include, but are not limited to, movie theaters, pinball arcades, shopping
malls, nightclubs catering to minors, restaurants and pool halls.
PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for
providing food, clothing, shelter and other basic necessities to the minor. The person
providing primary care or custody to the minor shall not be another minor.
SCHOOL ACTIVITY. An event which has been placed on a school calendar by
public or parochial school authorities as a school sanctioned event.
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Subd. 3. Hours
a. Minors under the age of 16 years. No minor under the age of 16
years shall be in or upon the public streets, alleys, parks, playgrounds or other public
grounds, public places or public buildings; nor in or upon places of amusement,
entertainment or refreshment; nor in or upon any vacant lot between the hours of 10:30
p.m. and 5:00 a.m. the following day, official city time.
b. Minors ages 16 years to 18 years. No minor of the ages of 16 or
17 years shall be in or upon the public streets, alleys, parks, playgrounds or other
public grounds, public places, public buildings; nor in or upon places of amusement,
entertainment or refreshment; nor in or upon any vacant lot, between the hours of 12
midnight and 5:00 a.m. the following day, official city time.
Subd. 4. Effect on control by adult responsible for minor. Nothing in this section
shall be construed to give a minor the right to stay out until the curfew hours
designated in this section if otherwise directed by a parent, guardian, or other adult
person having the primary care and custody of the minor; nor shall this section be
construed to diminish or impair the control of the adult person having the primary care
or custody of the minor.
Subd. 5. Exceptions. The provisions of this section shall not apply in the following
situations:
a. To a minor accompanied by his or her parent or guardian, or other
adult person having the primary care and custody of the minor;
b. To a minor who is upon an emergency errand at the direction of his
or her parent, guardian or other adult person having the primary care and custody of
the minor;
C. To a minor who is in any of the places described in this section if in
connection with or as required by an employer engaged in a lawful business, trade,
profession or occupation; or to a minor traveling directly to or from the location of the
business, trade, profession or occupation and the minor's residence. Minors who fall
within the scope of this exception shall carry written proof of employment and proof of
the hours the employer requires the minor's presence at work;
d. To a minor who is participating in or traveling directly to or from an
event which has been officially designated as a school activity by public or parochial
school authorities; or who is participating in or traveling directly to or from an official
activity supervised by adults and sponsored by the city, a civic organization, school,
religious institution or similar entity that takes responsibility for the minor and with the
permission of the minor's parent, guardian or other adult person having the primary
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care and custody of the minor;
e. To a minor who is passing through the city in the course of
interstate travel during the hours of curfew;
f. To a minor who is attending or traveling directly to or from an
activity involving the exercise of First Amendment rights of free speech, freedom of
assembly or freedom of religion;
g. To minors on the sidewalk abutting his or her residence or abutting
the residence of a next- door neighbor if the neighbor does not complain to the city's
designated law enforcement provider about the minor's presence;
h. To a minor who is married or has been married or is otherwise
legally emancipated
Subd. 6. Duties of person legally responsible for minor. No parent, guardian or
other adult having the primary care or custody of any minor shall permit any violation of
the requirements of this section by the minor.
Subd. 7. Duties of other persons. No person operating or in charge of any place of
amusement, entertainment or refreshment shall permit any minor to enter or remain in
his or her place of business during the hours prohibited by this section unless the minor
is accompanied by his or her parent, guardian or other adult person having primary
care or custody of the minor or unless one of the exceptions to this section apply.
Subd. 8. Defense. It shall be a defense to prosecution under this section that the
owner, operator or employee of an establishment promptly notified the city's designated
law enforcement provider that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
Subd. 9. Penalties.
a. Minors. Any minor found to be in violation of this chapter may be
adjudicated delinquent and shall be subject to the dispositional alternatives set forth in
M.S. § 260.185, as it may be amended from time to time.
b. Adults. Any adult person found to be in violation of this chapter
shall be guilty of a misdemeanor.
Subd. 10. Defense. It shall be a defense to prosecution under this section that the
owner, operator or employee of an establishment promptly notified the city's designated
law enforcement provider that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
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CHAPTER 607
UNIFORM FIRE CODE
Section
607.01
Purpose
607.02
Codes Adopted by Reference
607.03
Fire Code Optional Chapters
607.04
Application, Administration and Enforcement
607.05
Violations and Penalties
607.01 PURPOSE.
The purpose of this code is to establish the minimum requirements consistent
with nationally recognized good practice for providing a reasonable level of life safety
and property protection from the hazards of fire, explosion or dangerous conditions in
new and existing buildings, structures and premises.
(Ord. 401, passed 2 -23 -2004)
607.02 CODES ADOPTED BY REFERENCE.
The 2003 Minnesota State Fire Code (MSFC), which is based on the 2000
edition of the International Fire Code (IFC), including all of the amendments, rules and
regulations established, adopted and published from time to time, is hereby adopted by
reference with the exception of the optional chapters, unless specifically adopted in this
chapter. The 2003 Minnesota State Fire Code is hereby incorporated in this chapter as
if fully set out herein.
(Ord. 401, passed 2 -23 -2004)
607.03 FIRE CODE OPTIONAL CHAPTERS.
Subd. 1. The Minnesota State Fire Code, established pursuant to M.S. 299F.011,
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allows the city to adopt by reference and enforce certain optional chapters of the most
current edition of the Minnesota State Fire Code.
Subd. 2. The following optional provisions identified in the most current edition of
the State Fire Code are hereby adopted and incorporated as part of the fire code for
the City of Shorewood:
and
and
a. Appendix A, Board of Appeals, International Fire Code IFC 2000;
b. Appendix B, Fire -Flow Requirements for Buildings, IFC 2000; and
C. Appendix C, Fire Hydrant Locations and Distribution, IFC 2000;
d. Appendix D, Fire Apparatus Access Roads, IFC 2000; and
e. National Fire Protection Association (NFPA) Standard No.72, 2000
edition, National Fire Alarm Code.
(Ord. 401, passed 2 -23 -2004)
607.04 APPLICATION, ADMINISTRATION AND ENFORCEMENT.
Subd. 1. The application, administration, and enforcement of the code shall be in
accordance with Minnesota State Building Code. The code shall be enforced within the
extraterritorial limits permitted by M.S. § 299F.011, Subdivision 4, when so established
by this chapter.
Subd. 2. The code enforcement agency of the city is called the Excelsior Fire
District.
(Ord. 401, passed 2 -23 -2004)
607.05 VIOLATIONS AND PENALTIES.
A violation of the code is a misdemeanor (M.S. § 299F.011, Subdivision 6).
(Ord. 401, passed 2 -23 -2004)
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CHAPTER 608
OPEN BURNING
Section
608.01
Purpose
608.02
Definitions
608.03
Prohibited materials
608.04
Permit required
608.05
Permit application and fees
608.06
Permit process
608.07
Permit holder responsibility
608.08
Revocation of permit
608.09
Denial of permit
608.10
Burning ban or air quality alert
608.11
Rules and laws adopted by reference
608.01 PURPOSE.
[Reserved for future use.]
608.02 DEFINITIONS.
For the purpose of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
FIRE CHIEF or FIRE MARSHAL. The Fire Chief or Fire Marshal of the Fire
Department which provides fire protection services to the city.
OPEN BURNING. The burning of any matter if the resultant combustion
products are emitted directly to the atmosphere without passing through a stack, duct
or chimney, except a "recreational fire" as defined herein. Mobile cooking devices such
as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas
devices are not defined as "open burning."
RECREATIONAL FIRE. A fire set with approved starter fuel no more than three
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feet in height, contained within the border of a "recreational fire site" using dry, clean
wood; producing little detectable smoke, odor or soot beyond the property line;
conducted with an adult tending the fire at all times; for recreational, ceremonial, food
preparation for social purposes; extinguished completely before quitting the occasion;
and respecting weather conditions, neighbors, burning bans, and air quality so that
nuisance, health or safety hazards will not be created. No more than one recreational
fire is allowed on any property at one time.
RECREATIONAL FIRE SITE. An area of no more than a three foot diameter
circle (measured from the inside of the fire ring or border) and no more than two feet in
height; completely surrounded by non - combustible and non -smoke or odor producing
material, either of natural rock, cement, brick, the or blocks or ferrous metal only and
which area is depressed below ground, on the ground, or on a raised bed. Included
are permanent outdoor wood burning fireplaces. Burning barrels are not a "recreation
fire site" as defined herein. Recreational fire sites shall not be located closer than 25
feet to any structure.
STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or
charcoal fire started. Paraffin candles and alcohols are permitted as starter fuels and
as aids to ignition only. Propane gas torches or other clean gas burning devices
causing minimal pollution must be used to start an open burn.
WOOD. Dry, clean fuel only such as twigs, branches, limbs, "presto logs,"
charcoal, cord wood or untreated dimensional lumber. The term does not include wood
that is given with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue
or preservatives. Clean pallets may be used for recreational fires when cut into three
foot lengths.
608.03 PROHIBITED MATERIALS.
Subd. 1. No person shall conduct, cause or permit open burning oils, Petro fuels,
rubber, plastics, chemically treated materials, or other materials which produce
excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood
composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or
paint fillers.
Subd. 2. No person shall conduct, cause or permit open burning of hazardous
waste or salvage operations, open burning of solid waste generated from an industrial
or manufacturing process or from a service or commercial establishment or building
material generated from demolition of commercial or institutional structures.
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Subd. 3. No personal shall conduct, cause or permit open burning of discarded
material resulting from the handling, processing, storage, preparation, serving or
consumption of food.
Subd. 4. No person shall conduct, cause or permit open burning of any leaves or
grass clippings.
Penalty, see § 104.01
608.04 PERMIT REQUIRED.
For open burning or recreational fires, no person shall start or allow any burning
on any property in the city without first having obtained an open burn or recreational
fire permit. Permits may be issued only for the following purposes:
Subd. 1. Recreational fires as defined herein;
Subd. 2. Nonrecreational open burning; fires under managed supervision for which
a burning permit has been obtained from the Fire Marshal and, where required by state
law, from the Department of Natural Resources, but limited to the following:
a. Fires purposely set for the instruction and training of public and
industrial firefighting personnel;
b. Fires set for the elimination of a fire hazard which cannot be
abated by any other practicable means;
C. Fires purposely set for forest, prairie grass conservation and game
management purposes;
d. The burning of trees, brush, grass and other vegetable matter in
the clearing of land, the maintenance of street, road and highway right -of -way and in
accepted agricultural land management practices.
Subd. 3. Elimination of fire or health hazard that cannot be abated by other
practical means.
Penalty, see § 104.01
608.05 PERMIT APPLICATION AND FEES.
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Subd. 1. Opening burning permits shall be obtaining by making application on a
form prescribed by the Department of Natural Resources (DNR) and adopted by the
Fire Department. The permit application shall be presented to the Fire Chief or Fire
Marshal for reviewing and processing those applications.
Subd. 2. An opening burning permit shall require the payment of a fee. Permit fees
shall be in the amount established by ordinance.
608.06 PERMIT PROCESS.
Upon receipt of the completed open burning permit application and permit fee,
the Fire Chief or Fire Marshal shall schedule a preliminary site inspection to locate the
proposed burn site, note special conditions, and set dates and time of permitted burn
and review fire safety considerations.
608.07 PERMIT HOLDER RESPONSIBILITY.
Subd. 1. Prior to starting an open burn, the permit holder shall be responsible for
confirming that no burning ban or air quality alert is in effect. Every open burn event
shall be constantly attended by the permit holder or his or her competent
representative. The open burning site shall have available, appropriate communication
and fire suppression equipment as set out in the fire safety plan.
Subd. 2. The open burn fire shall be completely extinguished before the permit
holder or his or her representative leaves the site. No fire may be allowed to smolder
with no person present. It is the responsibility of the permit holder to have a valid
permit, as required by this chapter, available for inspection on the site by the Police
Department, Fire Department, MPCA representative or DNR forest officer.
Subd. 3. The permit holder is responsible for compliance and implementation of all
general conditions, special conditions, and the burn event safety plan as established in
the permit issued. The permit holder shall be responsible for all costs incurred as a
result of the burn, including but not limited to fire suppression and administrative fees.
Penalty, see § 104.01
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608.08 REVOCATION OF PERMIT.
The burning permit is subject to revocation at the discretion of DNR forest
officer, the Fire Chief or Fire Marshal. Reasons for revocation include but are not
limited to a fire hazard existing or developing during the course of the burn, any of the
conditions of the permit being violated during the course of the burn, pollution or
nuisance conditions developing during the course of the burn, or a fire smoldering with
no flame present.
608.09 DENIAL OF PERMIT.
If established criteria for the issuance of an open burning permit are not met
during review of the application, it is determined that a practical alternative method for
disposal of the material exists, or a pollution or nuisance condition would result, or if a
burn event safety plan cannot be drafted to the satisfaction of the Fire Chief or Fire
Marshal, these officers may deny the application for the open burn permit.
608.10 BURNING BAN OR AIR QUALITY ALERT.
No recreational fire or open burn will be permitted with the city or DNR has
officially declared a burning ban due to potential hazardous fire conditions or when the
MPCA has declared an Air Quality Alert.
608.11 RULES AND LAWS ADOPTED BY REFERENCE.
The provisions of M.S. §§ 88.16 to 88.22 and the Minnesota Uniform Fire Code,
Minn. Rules Chapter 1510, as these statutes and rules may be amended from time to
time, are hereby adopted by reference and made a part of this subchapter as if fully set
forth at this point.
CHAPTER 609
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STORAGE OF COMBUSTIBLE LIQUIDS
Section
609.01 Purpose
609.02 Storage limits
609.03 Deliveries restricted
609.04 Removal and abandonment
609.05 Exemptions from provisions
609.01 PURPOSE.
Mindful of the volatile properties of motor vehicle fuels and the grave hazards of
fire and explosion created when the same are stored in large quantities in an
uncontrolled manner, the City Council does adopt these regulations.
(1987 Code, § 501.02) (Ord. 119, passed 3 -31 -1980; Ord. passed 311, passed
6 -24 -1996)
609.02 STORAGE LIMITS.
It shall be unlawful for the owners or occupants of property situated within the
city's residential districts (as determined by reference to the city zoning ordinance,
Chapter 1201) to store in any container or tank or in any other manner in excess of ten
gallons of motor vehicle fuel, whether in the form of gasoline, diesel fuel or otherwise.
Storage tanks in existence at the effective date hereof, containing quantities of motor
vehicle fuel in excess of such limit, shall be permitted to be emptied at the usual and
presently accustomed rate; however, such tanks shall not be permitted to be refilled in
excess of the limits stated herein.
(1987 Code, § 501.02) (Ord. 119, passed 3 -31 -1980; Ord. passed 311, passed
6 -24 -1996) Penalty, see § 104.01
609.03 DELIVERIES RESTRICTED.
It shall be unlawful for any person to deliver to residential property, or into any
storage container or tank located thereon, quantities of motor vehicle fuel in excess of
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ten gallons.
(1987 Code, § 501.02) (Ord. 119, passed 3 -31 -1980; Ord. passed 311, passed
6 -24 -1996) Penalty, see § 104.01
609.04 REMOVAL AND ABANDONMENT.
All underground fuel storage tanks, including, but not limited to, home heating
fuel tanks which are abandoned or no longer in use shall be disposed of in accordance
with the Minnesota Fire Code and Minnesota Pollution Control Agency regulations
within 90 days of such abandonment or disuse. Any person wishing to obtain a permit
for removal or abandonment of an underground tank shall pay the required fee, as
established herein and amended from time to time by the City Council.
(1987 Code, § 501.02) (Ord. 119, passed 3 -31 -1980; Ord. passed 311, passed
6 -24 -1996) Penalty, see § 104.01
609.05 EXEMPTIONS FROM PROVISIONS.
The following shall be exempt from the provisions of this section:
Subd. 1. Businesses storing motor vehicle fuel for usual business purposes on
property zoned commercial or on property zoned residential where the business is
conducted pursuant to an existing permit.
Subd. 2. Tanks which are attached to or are an integral part of motorized vehicles
or boats.
(1987 Code, § 501.02) (Ord. 119, passed 3 -31 -1980; Ord. passed 311, passed
6 -24 -1996)
C HAPTE R 610
TRAFFIC CODE
Section
610.01 State law adopted
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610.02 Stopping, standing and parking
610.03 Passing school buses
610.04 Exhibition driving
610.05 Careless driving off highways
610.06 Operation of vehicles in parks or on public grounds
610.07 Use of bridges and public ways
610.08 Vehicle operations
610.09 Seasonal weight restrictions
610.10 Violations
610.01 STATE LAW ADOPTED.
Subd. 1. The regulatory provisions of the "Highway Traffic Regulation Act," the
same being M.S. Chapter 169, as periodically amended, are adopted as a traffic
ordinance regulating the use of highways, streets and alleys in the city and are
incorporated and made a part of this Title by reference as if fully set out herein.
Subd. 2. The penalty for violation of the provisions of state statutes adopted by
reference in this section shall be identical with the penalty provided for in the statutes
for the same offense.
(1987 Code, § 801.01) (Ord. 78, passed 2 -11 -1974)
610.02 STOPPING, STANDING AND PARKING.
Subd. 1. Parking time limited. No vehicles shall be parked continuously at any
place on any public street for a period of more than 48 consecutive hours.
Subd. 2. No parking, limited parking and parking by permit only zones. The City
Council may, from time to time, by motion or resolution, designate portions of the
highways and streets within the city as no parking zones, limited parking zones or
parking by permit only zones and shall cause such zones to be marked by appropriate
signs. The location of such signs restricting parking shall be prima facie evidence that
the City Council has, by proper resolution or motion, authorized the establishment of
such no parking, limited parking or parking by permit only zones. The City
Administrator /Clerk is authorized to issue permits to residents for parking in zones
marked "Parking by Permit Only" upon such terms and conditions as the City Council
may determine from time to time, by motion or resolution.
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Subd. 3. Hazardous road conditions
a. Authority to declare emergency. Whenever, in the opinion of the
Mayor, an emergency exists in the city or in any section or sections thereof because of
snow, freezing rain, sleet, ice, snowdrifts or other phenomena which create or are likely
to create hazardous road conditions impeding or likely to impede the free movement of
fire, health, police, emergency and other vehicular traffic for the safety and welfare of
the community, the Mayor may declare an emergency to exist for a period of 72 hours,
and notice thereof shall be given by whatever means are available such as posting
signs or by word of mouth.
b. Parking prohibited. Whenever such an emergency is so declared to
exist, no vehicles shall be parked or left standing on any street. Upon the declaration of
a state of emergency, the Mayor may prohibit, during the emergency, the parking,
standing or leaving of any vehicle upon any or all streets in the city.
C. Permitted parking resumed. Parking may be resumed on individual
streets as soon as plowing has been completed on that street for the full width and the
street has become passable.
Subd. 4. Removal of improperly parked or abandoned vehicles. If any vehicle is
parked, abandoned or left standing in violation of the terms of this section, the same
may be moved by the city, at the cost and expense of the owner thereof.
Subd. 5. Prohibition of storage or parking of trailers on public or private streets or
roads. No trailer, as defined in M.S. § 169.011, Subd. 86, shall be parked on a public or
private street or road, unless hitched to the towing motor vehicle by a device approved
by the Commissioner of Public Safety.
(Ord. 127, passed 8 -24 -1981; Am. Ord. 186, passed 6 -23 -1986; Am. Ord. 543, passed
7 -24 -2017)
610.03 PASSING SCHOOL BUSES.
The driver of a vehicle upon a street or highway in the city, upon meeting or
overtaking from either direction any school bus which has stopped on the highway for
the purpose of receiving or discharging any school child or children, shall stop the
vehicle immediately upon the extension of a stop signal arm by the school bus driver
and shall remain stopped until the school bus driver retracts the stop signal arm, but
may then proceed with due caution for the safety of such children.
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(1987 Code, § 801.02) (Ord. 53, passed 1 -22 -1968)
610.04 EXHIBITION DRIVING.
No person shall operate any motor vehicle with unnecessary exhibition of speed
on any public or private way within the city limits. Prima facie evidence of such
unnecessary exhibition of speed shall be any or all of the following:
Subd. 1. Unreasonable squealing or screeching sounds emitted by the tires;
Subd. 2. The throwing of sand or gravel by the tires of the vehicles;
Subd. 3. Unreasonable skid, sway or slide upon acceleration or stopping.
(1987 Code, § 801.04) (Ord. 132, passed 9 -27 -1982)
610.05 CARELESS DRIVING OFF HIGHWAYS.
Any person who drives any vehicle in such a manner on any public or private
grounds or parking lot or on the frozen surface of any body of water within the city limits
or the harbor limits of or adjacent to the limits of the city so as to indicate a disregard
for the safety of persons or property shall be guilty of careless driving and such
careless driving is a misdemeanor.
(1987 Code, § 801.04) (Ord. 53, passed 1 -22 -1968)
610.06 OPERATION OF VEHICLES IN PARKS OR ON PUBLIC GROUNDS.
Subd. 1. Operation of vehicles in parks or public grounds. Except police officers or
duly authorized and uniformed snow patrol personnel in the performances of their
duties, no person should stop, stand or park a vehicle or operate any vehicle or ride
any bicycle or horse, except in compliance with the directions of a police officer on any
park property or other public grounds within the limits of the city, except when such
areas are designated for any of such uses and signs prohibiting any of such uses on
any park property or public grounds shall be complied with.
Subd. 2. Parking of vehicles in parks or on public grounds. No person shall park a
motor vehicle in parks or on public grounds except in designated parking areas and
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where parking areas provide for striped and /or posted parking stalls. No person shall
park more than one motor vehicle per designated parking stall. For purposes of this
section, parking shall not include those attended vehicles stopped in the process of
accessing public waters.
Subd. 3. Violations. Violations of the provisions of this section may be subject to a
fine and /or towing.
(1987 Code, § 801.06) (Ord. 246, passed 10 -28 -1991; Am. Ord. 312, passed
6 -24 -1996; Am. Ord. 381, passed 2 -25 -2002)
610.07 USE OF BRIDGES AND PUBLIC WAYS.
No person shall use any part of, or be or stand on any public or private street or
highway, bridge or railroad bridge, for the purpose of fishing, diving, jumping and
swimming therefrom.
(1987 Code, § 801.07) (Ord. 147, passed 8 -8 -1983)
610.08 VEHICLE OPERATIONS.
Subd. 1. No person shall drive or operate a motor vehicle upon any street or
highway in the city without having in his or her possession, as required by the laws of
the State of Minnesota, a valid driver's license or chauffeur's license.
Subd. 2. No person shall drive or operate a motor vehicle without having thereon
proper motor vehicle license plates as required by the laws of the State of Minnesota.
Subd. 3. No person shall drive or operate a motor vehicle belonging to another
without the owner's consent.
(1987 Code, § 801.08) (Ord. 53, passed 1 -22 -1968) Penalty, see § 104.01
610.09 SEASONAL WEIGHT RESTRICTIONS.
Subd. 1. The purpose of this section is to preserve the condition of the public
streets within the city from serious damage and destruction by the excessive use of the
streets by trucks and other heavily laden vehicles, to reduce the amount of loss and
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expense to the taxpayers of the city for street maintenance and to reduce the amount of
dirt, noise and other undesirable conditions created by such traffic.
Subd. 2. It shall be unlawful for any vehicle or combination of vehicles during the
Spring Load Restriction (SLR) dates recommended by MnDOT and Hennepin County
(whichever is most restrictive) of any year to operate upon the streets or highways
within the city with a gross weight of any single axle exceeding 8,000 pounds. The
Public Works Director may prohibit the operation of vehicles upon any public street or
highway within the city or impose further restrictions as to the weight of vehicles to be
operated upon the streets or highways, whenever that street or highway may be
seriously damaged or destroyed by vehicular use, including, but not limited to
deterioration, usage, rain, snow, or other climatic conditions.
Subd. 3. School buses are given special permission to proceed with normal
operation of their regularly established routes and at all regularly established hours.
Subd. 4. Any other provision of this section notwithstanding, refuse haulers,
heating trucks, city trucks or any other vehicle may be exempted by special permit as
fol lows:
a. The owner thereof shall first secure from the Public Works Director
a certificate setting forth the route or routes and the conditions under which such
vehicle or combination of vehicles may be operated, and such vehicle or combination of
vehicles shall thereafter be so operated in accordance with the terms of such
certificate;
b. The Public Works Director is empowered and it is made his or her
duty to issue or deny, or issue in modified form, such certificates upon application and
to prescribe therein the route or routes and the conditions for operations under each
such certificate, and in determining such route or routes and such conditions, the
Public Works Director shall permit maximum use of the particular highways and bridges
consistent with the maximum capacity of such highways or bridges, as determined with
highway engineering practice;
C. The Public Works Director shall have the power to revoke or
modify the terms of any existing certificate at any time in the event of operations in
violation of any such certificate or in the event of changed conditions requiring such
action. The original or a correct copy of the certificate under which operations are being
conducted shall be carried at all times in the driver's cab or in any vehicle or
combination of vehicles while the same is being operated thereunder.
Subd. 5. Exemption from provisions.
a. The following streets or highways within the city are specifically
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exempted from the provi
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
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3ions of Subd. 2 of this section:
Academy Avenue;
Apple Road;
Bayswater Road;
Boulder Bridge Drive;
Boulder Bridge Lane;
Brom's Boulevard;
Burlwood Court;
Charleston Circle;
Chartwell Hill;
Chestnut Court;
Chestnut Terrace;
Christopher Road;
Country Club Road;
Covington Court;
Covington Road from Vine Hill Road to Ridge Road;
Deer Ridge;
Elbert Point;
Eureka Road - Highway 7 to Smithtown Road;
Eureka Road - Smithtown Road to Birch Bluff Road;
Excelsior Boulevard;
Fairway Drive;
Galpin Lake Road;
Kelsey Drive;
Knightsbridge Road;
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(25) Lake Linden Drive;
(26) Lake Linden Court;
(27) Lake Virginia Cove;
(28) Manor Road;
(29) Maple Leaf Circle;
(30) Marsh Pointe Drive;
(31) Marsh Pointe Circle;
(32) Marsh Pointe Court;
(33) Mary Lake Trail;
(34) McKinley Circle;
(35) McKinley Court;
(36) McKinley Place;
(37) Mill Street;
(38) Minnetonka Boulevard;
(39) Muirfield Circle;
(40) Near Mountain Boulevard;
(41) Oak Leaf Trail;
(42) Old Market Road;
(43) Park Lane;
(44) St. Albans Bay Road;
(45) Shorewood Oaks Drive;
(46) Sierra Circle;
(47) Silver Lake Trail;
(48) Smithtown Road;
(49) Smithtown Way;
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(50) Stratford Place;
(51) Sweetwater Circle;
(52) Sweetwater Court;
(53) Sweetwater Curve;
(54) Vine Hill Road;
(55) Vine Ridge Road;
(56) Waterford Circle;
(57) Waterford Court;
(58) Waterford Place;
(59) Whitney Circle;
(60) Yellowstone Trail.
b. It shall be unlawful for any vehicle or combination of vehicles
during the Spring Load Restriction (SLR) dates recommended by MnDOT and
Hennepin County (whichever is most restrictive) of any year to operate upon any of the
above streets or highways within the city with a gross weight of any single axle
exceeding 12,000 pounds. The Public Works Director may prohibit the operation of
vehicles upon any public street or highway within the city, or impose further restrictions
as to the weight of vehicles to be operated upon said streets or highways, whenever
that street or highway may be seriously damaged or destroyed by vehicular use,
including but not limited to deterioration, usage, rain, snow or other climatic conditions.
(1987 Code, § 801.09) (Ord. 163, passed 2 -11 -1985; Ord. 179, passed 2 -24 -1986;
Ord. 222, passed 3- 12 -90; Ord. 297, passed 2 -27 -1995; Am. Ord. 402, passed
3 -8 -2004; Am. Ord. 434, passed 3 -12 -2007; Am. Ord. 508, passed 2 -24 -2014) Penalty,
see § 104.01
610.10 VIOLATIONS.
Any violation of the provisions hereof or of the statutes adopted by reference in
§ 610.01 is a violation of this chapter when it occurs within the city. Any person thus
violating any provision of this chapter shall be guilty of a misdemeanor.
(1987 Code, § 801.10) (Ord. 53, passed 1 -22 -1968; Am. Ord. 56, passed 9 -8 -1969;
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Am. Ord. 330, passed 2 -9 -1998) Penalty, see § 104.01
CHAPTER 611
SNOWMOBILES
Section
611.01
Definitions
611.02
Operation generally
611.03
Manner of operation
611.04
Equipment
611.05
Application of other laws
611.06
Persons under certain age
611.07
Leaving snowmobile unattended
611.08
Chasing animals forbidden
611.09
Littering and obstructions
611.10
Violations
611.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BOULEVARD. That portion of a street right -of -way not occupied by pavement.
LRT RIGHT -OF -WAY. That portion of the Hennepin County Regional Rail
Authority right -of -way within the City of Shorewood commencing on the east at the City
of Excelsior corporate boundary and extending west to the City of Victoria corporate
boundary.
LRT TRAIL. That portion of the LRT right -of -way maintained for the use of the
public for nonvehicular purposes.
OPERATE. To ride in or on and control the operation of a snowmobile.
OPERATOR. Every person who operates or is in actual physical control of a
snowmobile.
ORGANIZED EVENT. An event sponsored and conducted by the Park
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Commission, the Chamber of Commerce, Jaycees, American Legion or similar
Council- recognized civic groups or associations.
OWNER. A person, other than a lienholder, having the property in or title to a
snowmobile and entitled to the use or possession thereof.
PERSON. Includes an individual, partnership, corporation and any body of
persons, whether incorporated or not, the State of Minnesota and its agencies and
political subdivisions, except this definition does not include police officers or duly
authorized and uninformed snow patrol personnel in the performance of their duties.
PLOW RIDGE. The bank of snow remaining at the side of the road after the
plow has passed.
RIGHT -OF -WAY. 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 use, whether developed or undeveloped, paved or unpaved.
SAFETYor DEADMAN THROTTLE. A device which, when pressure is removed
from the engine accelerator or throttle, causes the motor to be disengaged from the
driving track.
SNOWMOBILE. A self - propelled vehicle designed for travel on snow or ice or
natural terrain steered by skis or runners.
STREET or HIGHWAY. The entire width between boundary lines of any
right -of -way or place when any part thereof is open to the use of the public, as a matter
of right, for the movement of vehicular traffic.
(1987 Code, § 802.01)
611.02 OPERATION GENERALLY
Subd. 1. A person may operate a snowmobile within the corporate limits of the city
in only the following locations:
a. Public waters as permitted by resolution of the LMCD or
Shorewood City Council, but not closer than 150 feet to the shoreline except when
entering or exiting the public waters traveling in a line perpendicular to the shoreline;
owner;
b. On private property with the express permission of the property
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C. On a right -of -way subject to the limitations set forth in this section;
d. Such other locations and times as designated by resolution of the
City Council for supervised training;
e. A person operating a snowmobile in any part of the City of
Shorewood except as provided herein shall be guilty of a misdemeanor.
Subd. 2. No person shall operate a snowmobile upon the roadway of any street or
highway except for the purpose of direct travel from the person's home to the closest
destination where snowmobiling is permitted by the shortest possible route and then
only if travel on the adjacent street or highway right -of -way is restricted because of
developed yards or physical barriers.
Subd. 3. Persons may operate a snowmobile on the street side of the plow ridge
and avoid obstacles by going into the street, not onto the boulevard. While traveling on
streets, snowmobiles shall drive in the direction of traffic.
Subd. 4. No person shall operate a snowmobile on the LRT trail or within the LRT
right -of -way.
Subd. 5. A snowmobile may make a direct crossing of a street or highway
provided:
a. The crossing is made at an angle of approximately 90 degrees to
the direction of the street or highway and at a place where no obstruction prevents a
quick and safe crossing;
b. The snowmobile is brought to a complete stop before crossing the
shoulder or main traveled way of the highway;
C. The operator of the snowmobile must yield the right -of -way to all
oncoming traffic;
d. In crossing a divided street or highway, the crossing is made at an
intersection of such street or highway with another public street or highway;
e. The crossing is made with both front and rear lights illuminated.
Subd. 6. Where no special hazard exists, the following speeds shall be lawful, and
any speeds in excess shall be deemed unlawful:
a. 10 miles per hour on public property within the city;
b. 10 miles per hour when operated on any public waters within the
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city closer than 150 feet to the shoreline
Subd. 7. No snowmobile shall enter any uncontrolled intersection without making a
complete stop. The operator shall then yield the right -of -way to any vehicles or
pedestrians.
Subd. 8. Notwithstanding any prohibition in this chapter, a snowmobile may be
operated on a public thoroughfare in an emergency during the period of time when
snow upon such thoroughfare renders travel by automobile impractical.
Subd. 9. An operator shall bring the snowmobile to a stop and switch off the engine
when flagged by a police officer or duly authorized uniformed snow patrol member.
(1987 Code, § 802.02) (Ord. 358, passed 10 -25 -1999)
611.03 MANNER OF OPERATION.
Except as otherwise specifically permitted and authorized, it is unlawful for any
person to operate a snowmobile within the limits of the city in the following manner:
Subd. 1. At any place while under the influence of intoxicating liquor or narcotics or
habit forming drugs;
Subd. 2. At a rate of speed greater than reasonable or proper under all the
surrounding circumstances. Racing is prohibited except as may be specifically
authorized as part of an organized event, which authorization shall be by permit issued
by the City Council. Maximum speed limits shall be set from time to time by Council
resolution;
Subd. 3. At any place in a careless, reckless or negligent manner so as to
endanger the person or property of another or to cause injury or damage thereto;
Subd. 4. So as to tow any person or thing except through use of a rigid tow bar
attached to the rear of the snowmobile;
Subd. 5. When the noise level of the snowmobile exceeds 78 decibels on the A
Scale at a distance of 50 feet from the snowmobile;
Subd. 6. At anytime within the city between the hours of 11:00 p.m. and 7:00 a.m.
on Friday and Saturday, and between the hours of 10:00 p.m. and 7:00 a.m. on Sunday
through Thursday;
Subd. 7. At any time between the first of April and the thirtieth of November;
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Subd. 8. Abreast of another snowmobile except when overtaking and passing
another snowmobile. No passing shall be allowed if a pedestrian is within 30 feet of
the snowmobile;
Subd. 9. On the LRT Trail.
(1987 Code, § 802.03) (Ord. 358, passed 10 -25 -1999) Penalty, see § 104.01
611.04 EQUIPMENT.
It is unlawful for any person to operate or for the owner to cause or knowingly
permit the operation of a snowmobile any place within the limits of the city unless it is
equipped with the following:
Subd. 1. Standard mufflers which are properly attached and in constant operation
and which reduce the noise of operation of the motor to the minimum necessary for
operation. Mufflers shall comply with Minn. Rules part 6100.5700, subp. 5 which
certifies that a new snowmobile complies with the noise limitation requirements of this
rule. A manufacturer shall make such a certification based on measurements made in
accordance with the SAE Recommended Practice J192(a) as set forth in the Report of
the Vehicle Sound Level Committee, as approved by the Society of Automotive
Engineers, September 1970 and revised November 1973;
Subd. 2. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation;
Subd. 3. A safety or deadman throttle in operating condition;
Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to
reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of
darkness under normal atmospheric conditions. Such head lamp shall be so aimed that
glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall
also be equipped with at least one red tail lamp having a minimum candle power of
sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the
rear during the hours of darkness under normal atmospheric conditions. The lighting
equipment shall be illuminated at all times the vehicle is operated;
Subd. 5. Reflective material at least 16 square inches on each side, forward of the
handlebars, so as to reflect or beam light at a 90 degree angle.
(1987 Code, § 802.04) Penalty, see § 104.01
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611.05 APPLICATION OF OTHER LAWS.
City traffic ordinances shall apply to the operation of snowmobiles upon streets
and highways and M.S. §§ 84.81 to 84.88 and M.S. Chapter 169, as amended, and
except for those provisions relating to required equipment, are adopted by reference.
(1987 Code, § 802.05)
611.06 PERSONS UNDER CERTAIN AGE.
Subd. 1. It is unlawful for any person under 14 years of age to operate on streets,
highways, public lands or frozen water or make a direct crossing of a street or highway
as the operator of a snowmobile unless accompanied by a parent or guardian. A
person 14 years of age or older, but less than 18 years of age, may operate a
snowmobile on streets, highway, public lands or frozen waters as permitted under this
section and make a direct crossing of a street or highway only if he or she has in his or
her immediate possession a valid snowmobile safety certificate issued by the
Commissioner of Natural Resources.
Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to
be operated contrary to the provisions of this section.
(1987 Code, § 802.06) Penalty, see § 104.01
611.07 LEAVING SNOWMOBILE UNATTENDED.
Every person leaving a snowmobile in a public place shall lock the ignition and
remove the key from the snowmobile.
(1987 Code, § 802.07)
611.08 CHASING ANIMALS FORBIDDEN.
It is unlawful to intentionally drive, chase, run over or kill any animal, wild or
domestic, with a snowmobile.
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(1987 Code, § 802.08) Penalty, see § 104.01
611.09 LITTERING AND OBSTRUCTIONS.
Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private
property or throw paper, litter, rubbish or debris from snowmobiles.
Subd. 2. No person shall place obstructions, including ice blocks, on
publicly -owned lands or frozen waters so as to interfere with the lawful use thereof by
the public.
Subd. 3. All traffic control devices used for routing snowmobile traffic away from
private and public property shall be located on the same private or public property and
shall be in place no earlier than November 1 and shall be removed on or before April
15.
(1987 Code, § 802.09)
611.10 VIOLATIONS.
Any person violating the provisions of this chapter is guilty of a misdemeanor.
(1987 Code, § 802.10) (Ord. 245, passed 10 -28 -1991; Ord. 280, passed 10 -11 -1993;
Ord. 296, passed 1 -23 -1995; Ord. 314, passed 10 -14 -1996) Penalty, see § 104.01
CHAPTER 612
SOCIAL HOST
Section
612.01
Findings and purpose
612.02
Definitions
612.03
Prohibited acts
612.04
Exceptions
Cross - reference:
For regulation of the consumption, purchase and possession of alcohol by
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persons under the age of 21 years, see Ch. 402
612.01 FINDINGS AND PURPOSE.
Subd. 1. The City Council finds that
a. Consumption of alcohol by persons under the age of 21 is harmful
to those persons and constitutes a potential threat to public health from injuries related
to alcohol consumption, such as alcohol overdose or alcohol - related traffic collisions.
b. Alcohol is also an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are affected by the
actions of an irresponsible user.
C. As a result, gatherings held on private or public property where
alcohol is possessed or consumed by persons under the age of 21 should be
prevented as much as possible.
d. Gatherings involving underage possession and consumption often
occur outside the presence of parents or other responsible adults. However, there are
times when a parent or other adult is present and condones the activity, and in some
circumstances provides the alcohol.
e. Although furnishing alcohol to an underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
f. A deterrent effect will be created by holding a person criminally
responsible for hosting a gathering where underage possession or consumption
occurs.
Subd. 2. The purpose of this chapter is to discourage underage possession and
consumption of alcohol, even if done within the confines of a private residence, and to
hold persons criminally responsible who host gatherings where persons under 21 years
of age possess or consume alcohol, regardless of whether the person hosting the
gathering supplied the alcohol or was present.
Subd. 3. The City Council intends that this chapter should not target parents who
may have alcoholic beverages on their premises, but who have issued a standing order
that alcohol is not to be consumed by underage persons on those premises.
(Ord. 498, passed 8 -27 -2012)
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612.02 DEFINITIONS.
For purposes of this chapter, the following terms have the meanings given:
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey,
rum, brandy, gin or any other distilled spirits, including dilutions and mixtures thereof
from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid
or solid containing alcohol, spirits, wine or beer, and which contains one -half of 1 % or
more of alcohol by volume, and which is fit for beverage purposes, either alone or when
diluted, mixed or combined with other substances.
GATHERING. A group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
HOST. To aid, conduct, sponsor, organize, supervise, control or allow a
gathering.
PARENT. A person having the following relationship to a juvenile:
a. A natural parent, adoptive parent, or step - parent;
b. A legal guardian; or
C. A person to whom legal custody has been given by order of a
court.
PERSON. An individual, partnership, co- partnership, corporation, or an
association of one or more individuals. PERSON does not include a city, county or
state agency.
PREMISES. Any location, including a home, yard, farm, field, land, apartment,
condominium, hotel room or other dwelling unit, or a hall or meeting room, park, or any
other place of assembly, public or private, whether occupied on a temporary or
permanent basis, whether occupied as a dwelling or specifically for a party or other
social function, and whether owned, leased, rented or used with or without permission
or compensation.
UNDERAGE PERSON. An individual under 21 years of age.
(Ord. 498, passed 8 -27 -2012)
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612.03 PROHIBITED ACTS.
Subd. 1. It is unlawful for a person to host or allow a gathering on any premises if:
a. The person knows that alcohol or alcoholic beverages will be
present; and
b. The person knows that an underage person will attend, or is likely
to attend; and
C. The person fails to take reasonable steps to prevent the
possession or consumption of alcoholic beverages by an underage person; and
d. An underage person consumes an alcoholic beverage, or
possesses an alcoholic beverage with the intent to consume it, at the gathering.
Subd. 2. Examples of reasonable steps include:
a. Directing, on a one -time basis or as a standing order, that no
consumption of alcohol and alcoholic beverages is allowed; or
b. Controlling access to alcohol and alcoholic beverages; or
C. Checking identification of attendees to determine age; or
d. Supervising the activities of underage persons at the gathering,
either in person or through a responsible adult.
Subd. 3. A person is not criminally responsible under this chapter if the person
does not know that a gathering will occur, or does not know that alcoholic beverages
will be present, or does not know that an underage person will be or is likely to be
present. However, if a person has the knowledge specified in subdivision 1 above, a
person who hosts a gathering does not have to be present at the gathering to be
criminally responsible.
Subd. 4. A person is criminally responsible for violating Subd. 1. above if the
person intentionally aids, advises, hires, counsels or conspires with or otherwise
procures another to commit the prohibited act.
(Ord. 498, passed 8 -27 -2012)
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612.04 EXCEPTIONS.
Subd. 1. This chapter does not apply to conduct of an underage person that is
permitted by his or her parent and occurs in the parent's household.
Subd. 2. This chapter does not apply to a legally protected religious observance.
Subd. 3. This chapter does not apply when an underage person is lawfully in
possession of alcohol or alcoholic beverages during the course and scope of
employment.
Subd. 4. This chapter does not apply to the holder of a liquor license issued under
Chapter 401 of this code, but it does apply to a person who hosts a gathering at such a
liquor establishment.
(Ord. 498, passed 8 -27 -2012)
Subject
Chapter
Animals
701
Horses and Ponies
702
Hunting and Trapping Animals
703
Prohibition on Feeding Deer
704
Farm and Other Animals
705
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CHAPTER 701
ANIMALS
Section
701.01 Purpose
701.02 Definitions
701.03 Registration and licensing requirements
701.04 Permitted domesticated animals
701.05 Non - domesticated animals
701.06 Limitations on number of dogs
701.07 Limitations on number of cats
701.08 Animal breeders and dealers
701.09 Running at large
701.10 Impoundment authority
701.11 Animal nuisances
701.12 Confinement of certain animals
701.13 Impounded animal redemption
701.14 Rabies control
701.15 Abuse /neglect of animals
701.16 Dangerous animals and potentially dangerous animals
701.17 Penalties for violation
701.18 Enforcement
701.19 Appendices
701.01 PURPOSE.
To preserve the public health, safety and welfare, and guard against public
nuisances, the ownership and possession of animals must be regulated.
(Ord. 504, passed 10 -28 -2013)
701.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
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context clearly indicates or requires a different meaning
ANIMAL CONTROL AUTHORITY. An agency of the state, county, municipality
or other governmental subdivision of the state which is responsible for animal control
operations in its jurisdiction.
ANIMAL ENFORCEMENT OFFICER. The designated law enforcement
personnel charged by the city with enforcement of this chapter.
ANIMAL SHELTER. Any premises designated by the City Council or the SLMPD
for the purpose of impounding and caring for animals held under the authority of this
chapter.
ANIMAL WASTE DEVICE. A device for sanitary removal of animal feces.
AT LARGE. An animal is at large when it is off the premises of the person, firm,
corporation, organization, or department possessing, harboring, keeping, having an
interest in, or having care, custody, or control of the animal, and the animal is not under
restraint.
BARKING. The phrase "to bark excessively, continuously, or untimely" includes,
but is not limited to, barking, whining, howling, baying, crying, or making other noise
excessively, such that the creation of the noise by any single or combination of dogs
can be heard by any person, including a law enforcement officer or animal control
officer, from a location outside of the building or premises where the dog is being kept
and which noise occurs repeatedly over at least a five minute period of time with one
minute or less lapse of time between each animal noise during the five minute period.
UNTIMELY includes, but is not limited to, the noise which occurs repeatedly over a
two - minute period of time with one - minute or less lapse of time between each animal
noise during the two - minute period, between 10:00 p.m. and 7:00 a.m.
BODILYHARM. Physical pain or injury, illness, or any impairment of physical
condition.
CITY. The City of Shorewood.
COMMERCIAL KENNEL. A kennel used for boarding and breeding or selling
dogs for a profit.
DANGEROUS ANIMAL. An animal, including dangerous dogs as defined in
M.S. § 347.50, as amended, which has:
a. Without provocation, inflicted substantial bodily harm on a human
being on public or private property;
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b. Killed a domestic animal without provocation while off the owner's
property; or
C. Been found to be potentially dangerous, and after the owner has
received notice that the animal is potentially dangerous, the animal aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
DEALER. A public or private agency, person, society, or corporation that sells or
transfers dogs or cats to corporations, institutions or to other dealers who sell or
transfer to corporations or institutions.
DOMESTICATED (DOMESTIC) ANIMAL. Such animals as dogs, cats, caged
birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous,
non - venomous and non - constricting reptiles or amphibians, and other similar
domesticated animals.
GREAT BODILY HARM. Bodily injury which creates a high probability of death,
or which causes serious permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily harm.
NON - DOMESTICATED (NON - DOMESTIC) ANIMAL. Animals which are
naturally wild and not naturally trained or domesticated, or which are inherently
dangerous to the health, safety, and welfare of people. Unless otherwise defined, such
animals shall include:
a. Any member of the cat family (family felidae) including lions, tigers,
cougars, bobcats, leopards and jaguars, but excluding commonly accepted
domesticated house cats;
b. Any naturally wild member of the canine family (family canidae)
including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly
accepted domesticated dogs;
C. Any member or relative of the rodent family including any skunk
(whether or not de- scented), raccoon, or squirrel, but excluding those members
otherwise defined or commonly accepted as domesticated pets;
d. Any poisonous, venomous, constricting, or inherently dangerous
member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit
vipers, crocodiles and alligators; and
e. Any other animal which is not explicitly listed above but which can
be reasonably defined by the terms of this division, including but not limited to bears,
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deer, monkeys and other species non - indigenous to Minnesota.
f. Any animal defined as livestock by Minnesota Department of
Agriculture rule 1515.3100.
OWNER. Any person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having care, custody, or control of an
animal.
POTENTIALLY DANGEROUS ANIMAL. Any animal, including a potentially
dangerous dog as defined in M.S. § 347.50, as amended, that:
a. When unprovoked, inflicts bites on a human or domestic animal on
public or private property;
b. When unprovoked, chases or approaches a person, including a
person on a bicycle, upon the streets, sidewalks, or any public or private property,
other than the animal owner's property, in an apparent attitude of attack;
C. Has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of humans or domestic
animals; or
d. Has been declared a potentially dangerous dog or potentially
dangerous animal by any lawful authority of this or any other state or subdivision
thereof.
PREMISES. A building, structure, shelter, or land where a dog or other
domesticated or non - domesticated animal is kept or confined, and specifically excludes
all public rights -of -way, sidewalks, and streets.
PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed
and locked pen or structure suitable to prevent the animal from escaping and providing
protection from the elements for the animal. A proper enclosure does not include a
porch, patio, or any part of a house, garage, or other structure that would allow the
animal to exit of its own volition, or any house or structure in which windows are open
or in which door or window screens are the only obstacles that prevent the animal from
exiting.
PROVOCATION. An act that an adult could reasonably expect may cause an
animal to attack or bite. With regard to an animal other than a dog, provocation also
means an act that an adult could reasonably expect may cause an animal of that
species to attack or bite.
PUBLIC NUISANCE - ANIMAL. Any animal that habitually worries, chases or
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molests persons traveling peaceably on a public road or off the premises of its owner,
or violates a prohibition of this ordinance, is a public nuisance. It shall be considered a
nuisance for any animal to bark excessively, continuously or untimely, to frequent
school grounds, parks, or public beaches, to chase vehicles, to chase, molest, annoy or
bite any person if the person is not on the property of the owner or custodian of the
animal, to molest, defile or destroy any property, public or private, or to defecate in or
upon public property or the property of another without being cleaned up immediately
by the person in charge of the animal. The person having custody of the animal is
responsible for disposing of the animal feces in a sanitary manner. Failure on the part
of the owner or custodian to prevent his or her animals from committing an act of
nuisance shall subject the owner or custodian to the penalty hereinafter provided.
RESTRAINT. An animal is considered to be under restraint, provided that:
a. It is on the premises of the person, firm, corporation, organization,
or department possessing, harboring, keeping, having an interest in, or having care,
custody, or control of the animal;
b. It is in a private motor vehicle or camper, with secured windows
and doors, of a person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having care, custody, or control of the
animal; or
C. In all other locations, other than animals in a designated 'off- leash"
park, it is on a secure leash of no longer than six feet in length.
SLMPD. The South Lake Minnetonka Police Department.
SUBSTANTIAL BODILYHARM. Bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial loss or
impairment of the function of any bodily member or organ, or which causes a fracture of
any bodily member.
(Ord. 504, passed 10 -28 -2013)
701.03 REGISTRATION AND LICENSING REQUIREMENTS.
Subd. 1. Licensure required. All dogs over the age of six months kept in this city,
including those allowed by multiple dog license, shall be licensed and registered by the
owner with the city. The fee for the license and registration shall be set by ordinance of
the City Council. License applications shall be made at the office of the City Clerk on
city forms setting forth the name and address of the owner, the name, breed, age,
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color, and gender of the dog, and such other information as may be considered
necessary by the city. Applicants shall provide proof that each dog has current
vaccination against rabies. License tags, if issued at the election of the city, shall be
securely attached around the dog's neck at all times during the license term. If the tag
is lost or stolen, the owner may obtain a duplicate license and tag upon payment of a
fee set by ordinance of the City Council.
Subd. 2. Term of license. See § 701.19 of this code.
Subd. 3. New residents of city. Any person who moves into and becomes a
resident of the city and who owns a dog within the city shall cause the same to be
registered and licensed as provided hereinbefore within a period of not more than 30
days after becoming a resident of the city.
Subd. 4. Transfer of license. The license of any dog, licensed by the city, may be
transferred to a new owner of the licensed dog for the duration of that license. The
transfer is when the information regarding the new owner is filed with the City Clerk.
The fee for license transfers shall be set by ordinance of the City Council.
Subd. 5. Revocation. Any person making any false statement on any license
application required by this section shall be guilty of a misdemeanor. The City Clerk
shall revoke any license issued under this section if the owner has made any false
statement on the license application. No refund of any fees shall be due to the licensee
whose license has been revoked.
Subd. 6. Reinstatement. Any person whose license has been revoked under this
section may reapply for such license after all deficiencies have been corrected. Any
person making application after any revocation shall follow the procedures set out for
the initial issuance of the license and shall pay the fees in the full amount that would be
required for an original license.
(Ord. 504, passed 10 -28 -2013)
701.04 PERMITTED DOMESTICATED ANIMALS.
Any person may own, keep, harbor or maintain any of the various domesticated
animals, including but not limited to dogs and cats, adapted so as to live with humans
in a tame condition and as provided in Chapter 705 of this code.
(Ord. 504, passed 10 -28 -2013)
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701.05 NON - DOMESTICATED ANIMALS.
No person may own, keep, harbor, or maintain any non - domestic animal within
the city limits, except as provided in Chapter 705 of this code.
(Ord. 504, passed 10 -28 -2013)
701.06 LIMITATIONS ON NUMBER OF DOGS.
Within the limits of the city, no person may own, keep, harbor, or maintain more
than two dogs over the age of six months unless a multiple dog license is first obtained
from the city. See § 701.19 of this code for multiple dog license requirements.
(Ord. 504, passed 10 -28 -2013)
701.07 LIMITATIONS ON NUMBER OF CATS.
Within the limits of the city, no person may own, keep, harbor, or maintain more
than three cats over the age of six months, unless otherwise approved for a special
home occupation conditional use permit as regulated in § 1201.03 of this code.
(Ord. 504, passed 10 -28 -2013; Am. Ord. 506, passed 1 -13 -2014)
701.08 ANIMAL BREEDERS AND DEALERS.
No person, firm, or corporation shall establish, maintain, conduct, or operate a
commercial kennel or operate as a breeder or dealer of any animal within this city
without first obtaining approval by the City Council.
(Ord. 504, passed 10 -28 -2013)
701.09 RUNNING AT LARGE.
No owner of any animal shall permit such animal to run or move at large at any
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time within the city. The finding of any animal running at large shall be prima facie
evidence of violation of this section by the owner of the animal.
(Ord. 504, passed 10 -28 -2013)
701.10 IMPOUNDMENT AUTHORITY.
The Animal Enforcement Officer shall have authority to take into custody and
impound those animals, found at large within the city. If the Animal Enforcement Officer
is unable to take an animal into custody the officer may, where possible, follow the
animal to the property of its owner, and may issue a citation to the owner for violation of
this chapter. The officer shall not take into custody an animal once it is upon the
property of its owner except:
a. Where the officer finds no one present upon the property and custody is
necessary to prevent the animal from further running at large;
b. The animal is previously declared as a dangerous dog or dangerous
animal; or
C. Is a prohibited non - domesticated animal or which is inherently dangerous
and if left uncontrolled, poses a danger to public health, safety or welfare.
(Ord. 504, passed 10 -28 -2013)
701.11 ANIMAL NUISANCES.
Subd. 1. It shall be unlawful for any owner to fail to exercise reasonable care and
control of his or her animals to prevent them from becoming a public nuisance.
Subd. 2. The person having custody of the animal must have in their possession a
device for removal of animal feces when in or on any public trail, sidewalk, in any city
park, or along any public right -of -way (for example, along roadways and streets), or any
other property, public or private, which is not the premises of the person owning,
keeping, harboring, or maintaining the animal.
Subd. 3. No person having custody or control of a domesticated animal shall allow
such animal on any public swimming beach or any public grounds where any sign is
posted prohibiting animals in that area, except a recognized animal for life assistance.
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Subd. 4. See § 701.19 of this code.
(Ord. 504, passed 10 -28 -2013)
701.12 CONFINEMENT OF CERTAIN ANIMALS.
Every female animal in heat shall be confined in a building or other secure
enclosure in such manner that such female animal cannot come into contact with
another animal, except for planned breeding.
(Ord. 504, passed 10 -28 -2013)
701.13 IMPOUNDED ANIMAL REDEMPTION.
Subd. 1. Pound. The city shall provide an adequate pound or facilities where
animals taken into custody by an Animal Enforcement Officer shall be kept and properly
fed and cared for until disposed of according to the provisions of this chapter.
Subd. 2. Notice of impoundment. Within 24 hours of taking an animal into custody,
the Animal Enforcement Officer shall give notice of the animal impoundment to the last
known owner(s) and /or custodian(s) of the animal. If no address is available from police
records, city license records, or available microchip identification, notice shall be given
to the residence with which the animal was last associated. The notice shall reasonably
describe the animal and advise that in the event the animal is not redeemed within five
regular business days after a stated date, the animal may be destroyed.
Subd. 3. Redemption by owner. The owner of any animal seized pursuant to this
section may retrieve the animal from the city's animal impound shelter, provided that
the owner purchases the appropriate license within seven days if the animal is not
already properly licensed, pays all impound fees to cover the cost of apprehending the
animal, boarding fees to cover the cost of sheltering the animal, any veterinary costs
incurred by the animal control authority, and any other costs incurred by the animal
control authority. Any owner who fails to comply with these requirements within five
regular business days shall be deemed to have forfeited any property right to the
animal and the animal control authority may dispose of it pursuant to Subdivision 5 of
this section. In determining the impounding fee, the city may establish a schedule of
fees based on the number of times an animal has been impounded. Boarding fees shall
be according to a schedule adopted and maintained by the SLMPD. License fees shall
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be adopted by the City Council by resolution.
Subd. 4. Disposition of unclaimed or injured animals. Upon expiration of the five
regular business day period, an animal in the custody of the Animal Enforcement
Officer may be surrendered to the Animal Humane Society or euthanized. Nothing in
this chapter shall prevent the Animal Enforcement Officer from causing the animal to be
euthanized in less than the five regular business days waiting period as aforesaid
where the animal is injured and, in the opinion of the Animal Enforcement Officer or a
veterinarian, the only humane act would be one of euthanization.
Subd. 5. Records kept. The Animal Enforcement Officer shall keep an accurate
account of all animals received at the pound and all animals euthanized or released
there from.
(Ord. 504, passed 10 -28 -2013)
701.14 RABIES CONTROL.
Subd. 1. Rabies vaccination required. It is unlawful for any person to own, keep,
harbor, or maintain any animal over the age of six months which is susceptible to rabies
unless that animal is vaccinated against rabies.
Subd. 2. Quarantine of biting animals.
a. Upon a written report being filed with the animal control authority
stating that an animal has bitten a human being and setting forth the name of the
animal, if known, and the name and address of the owner or custodian, if known, the
name of the person bitten and when and where the incident occurred, the Animal
Enforcement Officer shall order the animal quarantined for a period of ten days. During
quarantine, the animal shall be securely confined and kept from contact with any other
animals.
b. At the discretion of the Animal Enforcement Officer, the quarantine
may be on the premises of the owner. If the Animal Enforcement Officer so requires,
the owner shall, at his or her own expense, place the animal in a veterinary hospital for
the period of confinement or surrender the animal to the Animal Enforcement Officer for
confinement. The animal shall not be released from confinement until the Animal
Control Officer has determined that the animal is free from rabies and until the owner
has paid the costs of any veterinary tests made upon the animal as well as the costs of
any confinement on premises other than that of the owner.
C. If the costs are not paid by the owner or custodian within ten days
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following written notice to the owner or custodian that the animal is available for
release, the Animal Enforcement Officer shall forthwith cause the animal to be
surrendered to the Animal Humane Society or to be euthanized.
d. Any person who shall fail to deliver to the Animal Enforcement
Officer any animal which has bitten a human being and against which a sworn, written
complaint has been filed shall be guilty of a misdemeanor. Each day's neglect or failure
to comply with the provisions of this subdivision shall be deemed a separate offense.
e. A dog or other animal displaying symptoms of being rabid, may be
seized at any place or time and shall be confined in the city impounding facility at the
expense of the owner until found to be free from rabies.
f. If a dog or other animal appears to be diseased, vicious,
dangerous, rabid, or has been exposed to rabies, and the dog or other animal cannot
be impounded without serious risk of personal injury, the dog or other animal may be
destroyed if reasonably necessary for the safety of any person or person.
Subd. 3. Rabies in city, proclamation. The city adopts M.S. § 35.68 and M.S. §
35.69 and any revisions thereof regarding rabies proclamations.
(Ord. 504, passed 10 -28 -2013)
701.15 ABUSE /NEGLECT OF ANIMALS.
Subd. 1. Improper care
a. Food. Animals must be provided with food of sufficient quantity and
quality to allow for normal growth and maintenance of body weight.
b. Water. Animals must be provided with clean, fresh water in
sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice
is not an adequate water supply.
C. Shelter. Animals must be provided with proper shelter and
protection from the weather. A person in charge or control of any animal which is kept
outdoors or in an unheated enclosure shall provide the animal with shelter and bedding
as prescribed in this section as a minimum. The shelter shall include a moisture proof
and wind proof structure of suitable size to accommodate the animal and allow
retention of body heat. It shall be made of durable material with a solid, moisture -proof
floor or a floor raised at least two inches from the ground. Between November 1 and
March 31 the structure must have a windbreak at the entrance. The structure shall be
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provided with a sufficient quantity of suitable bedding material consisting of hay, straw,
cedar shavings, blankets, or the equivalent, to provide insulation and protection against
cold and dampness and promote retention of body heat. Shade from the direct rays of
the sun, during the months of May to October shall be provided.
d. Sanitation. It shall be unlawful for any person to allow food and
water receptacles, kennels, yards, or the premises where the animal is kept to be or to
remain in an unhealthy, unsanitary, or obnoxious condition, or to permit the premises to
be in such condition that obnoxious odors can be plainly detected on adjacent public or
private property.
e. Veterinary care. The owner or custodian of a domesticated animal
shall provide adequate health care, including parasite and pest control, and care
needed to prevent suffering.
f. Cruelty to animals. It shall be unlawful for any owner to beat,
cruelly ill- treat, torment or otherwise abuse or neglect any animal. A person may not
inflict cruelty on a pet or companion animal by the use of a cruel training or handling
device or method.
g. Interpretation of terms. A dispute as to the meaning of abuse,
cruelty, neglect or adequate healthcare shall be resolved by an expert opinion.
h. Animals in motor vehicles. A person may not leave an animal
unattended in a standing or parked motor vehicle in a manner that endangers the
animal's health or safety. Animals carried in open vehicles, including trucks, boats,
motorcycles, dirt bikes, trailers, and the like, must be restrained in a crate or carrier or
restrained by a chain or cable to prevent the animal from leaving the vehicle or being
tossed out.
Subd. 2. Removal of animals. A peace officer, Animal Enforcement Officer, or a
volunteer or professional member of a fire or rescue department of a political
subdivision may use reasonable force to enter a motor vehicle and remove an animal
which has been left in the vehicle in violation of this section. A person removing an
animal under this division shall use reasonable means to contact the owner of the
animal to arrange for its return home. If the person is unable to contact the owner, the
person may take the animal to an animal shelter.
(Ord. 504, passed 10 -28 -2013)
701.16 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
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The city is authorized pursuant to M.S. § 347.53 to regulate potentially
dangerous and dangerous dogs or other animals.
Subd. 1. Potentially dangerous animals, declaration.
a. The animal control authority shall make such declaration upon a
finding that the animal in question:
(1) When unprovoked, inflicts bites on a human or domestic
animal on public or private property;
(2) When unprovoked, chases or approaches a person,
including a person on a bicycle, upon the streets, sidewalks, or any public or private
property, other than the animal owner's property, in an apparent attitude of attack;
(3) Has a known propensity, tendency, or disposition to attack
unprovoked, causing injury or otherwise threatening the safety of humans or domestic
animals; or
(4) Has been declared a potentially dangerous animal by any
lawful authority of this or any other state or subdivision thereof.
b. In making such a determination, the Animal Enforcement Officer
may rely upon any or all of the following:
(1) Citizen complaint from an identified member of the public;
(2) Police or citizen reports of running at large or other public
nuisance;
(3) Citation or convictions of an ordinance or statutory violation
independent of site of violation involving the animal in question with the exception of a
charge of failure to license; or
(4) Determination by any state or subdivision thereof that the
animal in question is a potentially dangerous animal.
Subd. 2. Potentially dangerous animals, requirements.
a. Microchip identification. The owner of a potentially dangerous
animal must have a microchip implanted in the animal for identification, and the name
of the microchip manufacturer and identification number of the microchip must be
provided to the animal control authority. If the microchip is not implanted by the owner,
it may be implanted by the animal control authority. In either case, all costs related to
purchase and implantation of the microchip must be borne by the animal's owner. It is a
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misdemeanor to remove a microchip from a dangerous or potentially dangerous animal
b. Confinement. All potentially dangerous animals shall be securely
confined indoors or in a securely enclosed and locked pen, kennel, or fenced yard
except when leashed as required. Confinement does not include a porch, patio,
unfenced yard, "invisible fence" or any part of a house, garage, cage, or other structure
that would allow the animal to exit of its own volition or any house or structure in which
screens are the only obstacles to preventing the animal from exiting.
C. Impoundment. Any potentially dangerous animal found off the
premises of the owner, harborer, keeper, or custodian of same, is subject to immediate
seizure and impoundment.
Subd. 3. Dangerous animals, declaration.
a. The animal control authority shall make such declaration upon a
finding that the animal in question has:
(1) Without provocation, inflicted substantial bodily harm on a
human being on public or private property;
(2) Killed a domestic animal without provocation while off the
owner's property; or
(3) Been found to be potentially dangerous, and after the owner
has notice that the animal is potentially dangerous, the animal aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
b. In making such a determination, the Animal Enforcement Officer
may rely upon any or all of the following:
(1) Citizen complaint from an identified member of the public;
(2) Police or citizen reports of running at large or other public
nuisance;
(3) Citation or convictions of an ordinance or statutory violation
independent of site of violation involving the animal in question with the exception of a
charge of failure to license; or
(4) Determination by any state or subdivision thereof that the
animal in question is a dangerous animal.
Subd. 4. Dangerous animals, registration.
a. Requirement. No person may own a dangerous animal in the city
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unless the animal is registered as provided in this section.
b. Registration. The animal control authority shall issue a certificate of
registration to the owner of a dangerous animal if the owner presents sufficient
evidence that:
(1) A proper enclosure exists for the dangerous animal and a
posting on the premises with a clearly visible warning sign that there is a dangerous
animal on the property, including a warning symbol to inform children;
(2) A policy of liability insurance issued by an insurance
company authorized to conduct business in this state in the amount of at least
$1,000,000 insuring the owner for any personal injuries inflicted by the dangerous
animal;
(3) The owner has paid an annual fee to the SLMPD, in addition
to any regular licensing fees, to obtain a certificate of registration for a dangerous
animal under this section; and
(4) The owner has had microchip identification implanted in the
dangerous animal
C. Warning symbol. If the animal control authority issues a certificate
of registration to the owner of a dangerous animal pursuant to division b.(2) above, the
animal control authority must provide, for posting on the owner's property, a copy of a
warning symbol to inform children that there is a dangerous animal on the property.
The warning symbol must be the uniform symbol provided by the Minnesota
Commissioner of Public Safety. The animal control authority may charge the registrant
a reasonable fee to cover its administrative costs and the cost of the warning symbol.
d. Dangerous animal designation review. Beginning six months after
an animal is declared dangerous, an owner may request annually that the designating
animal control authority review the designation. The owner must provide evidence that
the animal's behavior has changed due to age, neutering, environment, completion of
obedience training that includes modification of aggressive behavior, or other factors. If
the animal control authority finds sufficient evidence that the animal's behavior has
changed, the authority may rescind the dangerous animal designation.
e. Law enforcement, exemption. The provisions of this section do not
apply to dogs used by law enforcement officials for police work.
f. Exemption. Animals may not be declared dangerous if the threat,
injury, or damage was sustained by a person:
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(1) Who was committing, at the time, a willful trespass or other
tort upon the premises occupied by the owner of the animal;
(2) Who was provoking, tormenting, abusing, or assaulting the
animal or who can be shown to have repeatedly, in the past, provoked, tormented,
abused, or assaulted the animal; or
(3) Who was committing or attempting to commit a crime.
g. Tag. A dangerous animal registered under this section must have a
standardized, easily identifiable tag identifying the animal as dangerous and containing
the uniform dangerous animal symbol, affixed to the animal's collar at all times.
Subd. 5. Dangerous animals, requirements.
a. An owner of a dangerous animal shall keep the animal, while on
the owner's property, in a proper enclosure. If the animal is outside the proper
enclosure, the animal must be muzzled and restrained by a substantial chain or leash
and under the physical restraint of a responsible adult. The muzzle must be made in a
manner that will prevent the animal from biting any person or animal but that will not
cause injury to the animal or interfere with its vision or respiration.
b. The owner of a dangerous animal must have a microchip implanted
in the animal for identification, and the name of the microchip manufacturer and
identification number of the microchip must be provided to the animal control authority.
If the microchip is not implanted by the owner, it may be implanted by the animal
control authority. In either case, all costs related to purchase and implantation of the
microchip must be borne by the animal's owner. It is a misdemeanor to remove a
microchip from a dangerous or potentially dangerous animal.
C. An owner of a dangerous animal must renew the registration of the
animal annually until the animal is deceased. If the animal is removed from the
jurisdiction, it must be registered as a dangerous animal in its new jurisdiction.
d. An owner of a dangerous animal must notify the animal control
authority in writing of the death of the animal or its transfer to a new location where the
animal will reside within 30 days of the death or transfer, and must, if requested by the
animal control authority, execute an affidavit under oath setting forth either the
circumstances of the animal's death and disposition or the complete name, address,
and telephone number of the person to whom the animal has been transferred or the
address where the animal has been relocated.
e. An animal control authority shall require a dangerous animal to be
sterilized at the owner's expense. If the owner does not have the animal sterilized
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within 30 days, the animal control authority shall seize the animal and have it sterilized
at the owner's expense.
f. A person who owns a dangerous animal and who rents property
from another where the animal will reside must disclose to the property owner prior to
entering the lease agreement and at the time of any lease renewal that the person
owns a dangerous animal that will reside at the property.
(1) Right to hearing.
(a) The owner of any animal declared dangerous has the
right to a hearing concerning the dangerous dog or dangerous animal declaration, and
if applicable, prior potentially dangerous dog or potentially dangerous animal
declarations for the animal. The animal owner must make the request in writing, on a
form provided by the SLMPD, within 14 days of receiving notice of the declaration.
Failure to do so within 14 days of the date of receiving the notice will terminate the
owner's right to a hearing under this section.
(b) Any hearing must be held within 14 days of the
request to determine the validity of the declaration. The hearing officer must be an
impartial person retained by the city or by the SLMPD to conduct the hearing. In the
event that the declaration is upheld by the hearing officer, actual expenses of the
hearing, up to a maximum of $1,000, will be the responsibility of the animal's owner.
The hearing officer shall issue a decision on the matter within ten days after the
hearing. The decision must be delivered to the animal's owner by hand delivery or
registered mail as soon as practical and a copy must be provided to the animal control
authority.
(2) Requirements during appeals process. While awaiting final
disposition of an appeal of a dangerous animal declaration, the owner of the animal
shall keep the animal, while on the owner's property, in a proper enclosure. If the
animal is outside the proper enclosure, it must be muzzled and restrained by a
substantial chain or leash and under the physical restraint of a responsible person. The
muzzle must be made in a manner that will prevent the animal from biting any person or
animal but that will not cause injury to the animal or interfere with its vision or
respiration. A person who transfers ownership of a dangerous dog or dangerous animal
must notify the new owner that the animal control authority has identified the animal as
dangerous. The current owner must also notify the animal control authority in writing of
the transfer of ownership and provide the animal control authority with the new owner's
name, address, and telephone number.
Subd.6. Confiscation
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a. Seizure. The animal control authority having jurisdiction shall
immediately seize any dangerous animal if:
(1) After 14 days after the owner has notice that the animal is
dangerous, the animal is not validly registered under this section;
(2) After 14 days after the owner has notice that the animal is
dangerous, the owner does not secure the proper liability insurance or surety coverage
as required under this section;
(3) The animal is not maintained in the proper enclosure;
(4) The animal is outside the proper enclosure and not under
physical restraint of a responsible person as required in the previous section;
(5) The animal is not sterilized within 30 days; or
(6) If an owner of an animal is convicted of a crime for which the
animal was originally seized, the court may order that the animal be confiscated and
may be disposed of in a manner permitted by law, and that the owner pay the costs
incurred in confiscating, confining, and destroying the animal.
b. Animals reclaimed. A dangerous animal seized under division a.(1)
may be reclaimed by the owner of the animal upon payment of impounding and
boarding fees, and presenting proof to the animal control authority that the
requirements of the previous section will be met. An animal not reclaimed under this
subdivision within seven days may be surrendered to the Animal Humane Society or
humanely euthanized and the owner is liable to the animal control authority for costs
incurred in confining and disposing of the animal.
Subd. 7. Destruction of animals in certain circumstances.
a. Circumstances. An animal may be destroyed in a proper and
humane manner by the animal control authority if the animal:
(1) Inflicted substantial or great bodily harm on a human on
public or private property without provocation;
(2) Inflicted multiple bites on a human on public or private
property without provocation;
(3) Bit multiple human victims on public or private property in
the same attack without provocation; or
(4) Bit a human on public or private property without
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provocation in an attack where more than one animal participated in the attack.
b. Right to hearing. The animal control authority may not destroy an
animal until the animal owner has had the opportunity for a hearing before an impartial
hearing officer designated by the animal control authority. The animal owner must
request a hearing within 14 days after the animal control authority provides notice that
it intends to destroy the animal.
(Ord. 504, passed 10 -28 -2013)
701.17 PENALTIES FOR VIOLATION.
A person who violates a provision of this chapter is guilty of a misdemeanor.
(Ord. 504, passed 10 -28 -2013)
701.18 ENFORCEMENT.
Citations are issued for certain violations. The Animal Control Officer or Police
Officer is authorized to issue a citation to any person, firm, or entity for any alleged
violations of this chapter and any other ordinances or statutes which provide the basis
for prosecution of violations of this chapter. Nothing within this chapter shall be
construed to limit the authority of Animal Control Officers or Police Officers to enforce
any provisions of this chapter or related statutes or ordinances.
(Ord. 504, passed 10 -28 -2013)
701.19 APPENDICES.
Subd. 1. Dog license period. The license period shall be for the whole or unexpired
portion of the year ending on the ensuing December 31.
Subd. 2. Multiple dog license requirements.
a. Within the limits of the city, no more than two dogs over the age of
six months shall be allowed in any household unless the owners shall first obtain a
multiple dog license. This license shall allow an owner to keep up to four dogs over the
age of six months. Any person desiring a multiple dog license shall make written
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application upon a form prescribed by and containing the information as required by the
city. Every owner is required to keep a valid, individual license tag securely fastened to
the dog's collar or harness. The owner shall pay a fee for the multiple dog license as
provided in § 1302 of this code. This license shall be valid for the period of one year,
beginning on January 1 and ending on December 31, and is nontransferable. The
application shall contain the following information:
(1) The number of dogs over the age of six months to be
maintained on the premises;
(2) A description of the real estate property upon which the
animals will be kept;
(3) Written authorization for the city to inspect the premises
which shall be valid for the length of the license. Application for a renewal license shall
be inspected upon receipt of complaints. The inspection shall be to confirm compliance
with the following criteria:
(a) If an outdoor multiple dog shelter is provided, it must
be constructed of suitable material to maintain and secure the keeping of dogs and to
allow for sufficient space for the dogs. Standards for adequate shelter for dogs is
specified in M.S. § 343.40 and is adopted by reference, including any amendments to
that section. The space must be inspected and approved by the Animal Enforcement
Officer. All surfaces must be constructed of material to provide for proper cleaning,
drainage and maintenance and needs of the dogs. Multiple dog structures must be
located within the prescribed setback requirements for the property and shall be
located at least ten feet from the property boundary. All fences shall be located entirely
upon the property of the fence owner. No boundary line fence shall be erected closer
than three feet to an existing parallel boundary line fence;
(b) Owners must ensure that dogs kept on a licensed
premises do not create a nuisance by excessive barking or by creating unsanitary
conditions.
(4) Notification of any prior violations during the previous
licensing period.
b. Denial of license. The city may deny any license request based
upon one or more of the following:
(1) The Animal Enforcement Officer finds the multiple dog
facilities inadequate;
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(2) Conditions of the license are not met;
(3) A nuisance condition is found to be created by the dogs or
owner; or
(4) The multiple dog facility creates a public health and safety
hazard or has placed the animals in an unreasonable endangerment. The city shall
investigate all complaints and may issue a citation for violations. After a complaint has
been received and found to be valid regarding a multiple dog license, the holder of the
license shall appear before the City Council to state or explain their position. The
appearance shall be within 30 days of the initial complaint and after notification of all
contiguous property owners. The City Council will then decide the status of the license.
C. Exceptions.
(1) An applicant may apply to the City Council for an exception
to the maximum number of dogs allowed per property.
(2) This section shall not apply to nonresidents or dogs kept
within the city for less than 30 continuous days.
d. Revocation of multiple dog license. In addition to any other
sanctions herein provided, violation of any of the terms of this chapter shall be grounds
for termination of the privilege of keeping up to four dogs, and the license may be
revoked. Revocation may occur for a violation attributable to any dog kept by the
owners.
Subd. 3. Animal nuisances. It shall be considered a nuisance for any animal to
bark excessively, continuously or untimely, to chase vehicles, defile or destroy any
property, public or private, or to defecate in or upon public property or the property of
another without being cleaned up immediately by the person in charge of the animal.
The person having custody of the dog is responsible for disposing of the dog feces in a
sanitary manner. Failure on the part of the owner or custodian to prevent his animals
from committing an act of nuisance shall subject the owner or custodian to the penalty
hereinafter provided.
(Ord. 504, passed 10 -28 -2013)
CHAPTER 702
HORSES AND PONIES
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Section
702.01 Permit required
702.02 Application for permit
702.03 Inspection of premises, required standards
702.04 Fees
702.05 Issuance of permit, term
702.06 Limitation of number of horses or ponies
702.07 Horses or ponies at large
702.08 Prohibited acts and conditions
702.09 Horses and ponies no longer boarded within city, report required
702.10 Violation
702.01 PERMIT REQUIRED.
No person shall keep, stable or harbor horses or ponies within the limits of the
city without first obtaining a permit from the City Administrator /Clerk to so keep and
harbor the animals.
(1987 Code, § 702.01)
702.02 APPLICATION FOR PERMIT.
The application for the permit shall be made in writing by the owner of the animal
or animals upon blanks furnished by the City Administrator /Clerk. Each application for a
permit shall have thereon the following:
Subd. 1. The owner's name and address;
Subd. 2. The name and address of the owner of property where the horse or
horses are to be boarded;
Subd. 3. Telephone number of the owner, as well as telephone number of the
owner of the property where the horse is to be boarded;
Subd. 4. A statement by the owner of the property and also joined in by the owner
of the horse or pony, giving to the city, its inspectors or its agents, full and free access
to inspect the horse facilities and the animal at any reasonable time;
Subd. 5. Color photograph of each horse boarded or kept on the premises, the
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name of the horse and a short description;
Subd. 6. Total number of horses to be kept at the facility;
Subd. 7. Description of the shelter provided for the animal or animals.
(1987 Code, § 702.02)
702.03 INSPECTION OF PREMISES, REQUIRED STANDARDS.
No permit shall be issued by the City Administrator /Clerk until the Shorewood
Horse Inspector, as appointed by the City Council, has inspected the premises upon
which the animal or animals are to be kept. The following standards are to be met by
the applicant before the Horse Inspector shall recommend to the City
Administrator /Clerk the issuance of a permit:
Subd. 1. An area where horses are kept, stabled, maintained or confined of at least
one -half acre per head;
Subd. 2. The area shall be enclosed by a sturdy wood, metal or electric fence,
constructed in compliance with § 1201.03, Subd. 2.f. of this code, which will keep the
animal or animals confined therein. Electric fences shall be removed upon expiration
or revocation of the annual horse permit. Barbed wire fences shall be prohibited;
Subd. 3. A shelter or stabling facility which will keep the animal or animals
comfortable and protected from the elements and which shelter or stabling facility shall
be no closer than 50 feet from any property line. In addition, the shelter or stabling
facility shall be so located so as not to create a public nuisance;
Subd. 4. Clean and sanitary premises which will not be a harborage for rodents,
flies and insects;
Subd. 5. Any shelter or stabling facility which does not conform to the dimensional
requirements of Subd. 2 of this section may be continued as it existed on the effective
date of this chapter, provided that a horse permit had been issued in 1993 for the
property on which the shelter or stabling facility is located. If at the time as an annual
permit has not been issued for the property for one year, no annual permit shall be
issued thereafter unless the shelter or stabling facility is brought into conformity with
this section;
Subd. 6. Keeping, storing, stabling or maintaining of the animals on the premises
shall not directly contribute to the pollution of any public body of water.
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(1987 Code, § 702.03) (Am. Ord. 288, passed 3 -28 -1994)
702.04 FEES.
For each horse or pony stable site, the owner shall pay to the City
Administrator /Clerk that sum of money as shall be determined from time to time by
resolution of the City Council.
(1987 Code, § 702.04) (Am. Ord. 363, passed 5 -22 -2000)
702.05 ISSUANCE OF PERMIT, TERM.
Upon receipt of a satisfactory inspection report from the Horse Inspector
disclosing that the applicant has complied with the standards provided in § 702.03, the
City Administrator /Clerk may issue a permit for the keeping of the horses or ponies,
which permit shall expire on the ensuing May 15, unless sooner revoked as hereinafter
provided.
(1987 Code, § 702.05)
702.06 LIMITATION ON NUMBER OF HORSES OR PONIES.
The Administrator shall not issue a permit to keep, store or stable three or more
horses or ponies on any one parcel of land within the city until the City Council has
determined that the keeping, storing and stabling of the number of animals shall not be
a public nuisance.
(1987 Code, § 702.06)
702.07 HORSES OR PONIES AT LARGE.
Subd. 1. Any applicant who allows and permits a horse to escape from the
confined area shall be liable for the fees to recover the animal.
Subd. 2. The escape of a horse or pony necessitating recovery by agents or
employees of the city shall automatically suspend the permit of the applicant to keep
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horses within the city until the Horse Inspector has reinspected the premises for the
keeping of horses and the owner has made payment for the inspection.
(1987 Code, § 702.07)
702.08 PROHIBITED ACTS AND CONDITIONS.
Permits issued pursuant to this chapter may be revoked by the City Council if the
Council finds, after investigation by the Inspector and after holding a hearing thereon
(notice of the hearing to be given to the holder of the permit), that:
Subd. 1. The premises upon which the animal is kept is unsightly and a harborage
for rodents, flies and insects;
Subd. 2. The winter accumulation of manure is not removed from the premises
prior to May 15 of each year. Burning of manure is prohibited;
Subd. 3. Accumulations of manure are not removed at periods as will insure that
no objectionable aroma exists and that the requirements of subdivision 1 above are
complied with;
Subd. 4. The applicant has failed to make a reasonable effort to keep the animal or
animals under control and fenced within the area;
Subd. 5. The applicant has not met the standards set forth in § 702.03 of this
chapter;
Subd. 6. The animal has been treated cruelly and inhumanely;
Subd. 7. The keeping, storing or stabling of the animals is a public nuisance.
(1987 Code, § 702.08)
702.09 HORSES AND PONIES NO LONGER BOARDED WITHIN CITY, REPORT
REQUIRED.
It shall be the obligation of the applicant to report to the Horse Inspector or the
City Administrator /Clerk when the horse which is the subject of the permit has been
removed and no longer is boarded within the confines of the city.
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(1987 Code, § 702.09)
702.10 VIOLATION.
Any person violating the provisions of this chapter shall be deemed guilty of a
misdemeanor.
(1987 Code, § 702.10) (Ord. 96, passed 9 -12 -1977)
CHAPTER 703
HUNTING AND TRAPPING ANIMALS
Section
703.01
Purpose
703.02
Definitions
703.03
Prohibited acts
703.04
Exemptions from provisions
703.05
Violation
703.01 PURPOSE.
It is the purpose of this chapter to preclude the potential harm that may be
inflicted upon people, particularly children, and to prevent the maiming, unselective
catching and destruction of wild animals and birds and domestic animals that come in
contact with traps.
(1987 Code, § 703.01)
703.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
FIREARM or WEAPON. Any gun, rifle, pistol, handgun, air - rifle, shotgun, airgun,
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BB gun, whether compressed air or spring - loaded, sling -shot or bow and arrow.
HUNT or HUNTING. The pursuing, stalking, chasing, driving or tracking of birds
or animals while in possession of a firearm or weapon.
TRAP. Any mechanical device or snare which seeks to hold, capture or kill an
animal.
TRAPPING. The setting or laying or other use of a trap anywhere in the city.
(1987 Code, § 703.02) (Ord. 100, passed 7 -10 -1978; Ord. 155, passed 1 -9 -1984)
703.03 PROHIBITED ACTS.
The following are prohibited:
Subd. 1. Trapping or hunting anywhere in the city;
Subd. 2. The sale of any trap within the city by any person or by any wholesale or
rental establishment.
(1987 Code, § 703.03) (Ord. 155, passed 1 -9 -1984)
703.04 EXEMPTIONS FROM PROVISIONS.
The provisions of this chapter shall not apply to:
Subd. 1. The sale or use of any trap specifically designed to kill rats, mice,
gophers or moles;
Subd. 2. The sale or use of cage -type live traps employed for the control of
nuisance animals as long as the traps are tended each 12 hours.
Subd. 3. Trapping and hunting performed by, or with authorization of the city under
a permit issued by the state for the purpose of managing wildlife populations.
(1987 Code, § 703.04) (Ord. 430, passed 11 -13 -2006)
703.05 VIOLATION.
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Any person who violates any of the provisions of this chapter shall be deemed
guilty of a misdemeanor.
(1987 Code, § 703.05) (Ord. 100, passed 7 -10 -1978)
CHAPTER 704
PROHIBITION ON FEEDING DEER
Section
704.01
Purpose
704.02
Prohibition on supplemental deer feeding
704.03
Exemptions from provisions
704.04
Violation
704.01 PURPOSE.
It is hereby determined that an increasing population of deer within the city
poses a threat to public safety by increasing the likelihood of deer - vehicle collisions,
and the transmission of diseases to humans from deer; poses a threat to native plant
and animal life by excessive foraging which disturbs natural ecological balances; and
poses a threat to the quality of life by deer - related damage to landscaping and
vegetable gardens. This chapter is intended to reduce these threats by restricting
supplemental feeding of deer, which results in unnatural concentrations of deer and
can affect the normal movement of deer within the community. It is not the intent of this
chapter to regulate the recreational feeding of birds.
(Ord. 478, passed 8 -22 -2011)
704.02 PROHIBITION ON SUPPLEMENTAL DEER FEEDING.
No resident may place or permit to be placed on the ground, or within five feet of
the ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, seeds, hay or
other edible materials which may reasonably be expected to intentionally result in deer
feeding, unless such items are screened or protected in a manner that prevents deer
from feeding on them. Living fruit trees and other live vegetation shall not be
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considered as supplemental deer feeding.
(Ord. 478, passed 8 -22 -2011)
704.03 EXEMPTIONS FROM PROVISIONS.
The prohibition described in § 704.02, above shall not apply to:
Subd. 1. Veterinarians, city animal control officials or county, state or federal game
officials who are in the course of their duties and have deer in their custody or under
their management;
Subd. 2. Persons authorized by the City of Shorewood to implement the Deer
Management Program approved by the City Council; or
Subd. 3. Any food placed upon the property for purposes of trapping or otherwise
taking deer where such trapping or taking is pursuant to a permit issued by the
Minnesota Department of Natural Resources.
(Ord. 478, passed 8 -22 -2011)
704.04 VIOLATION.
Any person who violates any of the provisions of this chapter shall be deemed
guilty of a Class A Offense, pursuant to § 104.03 of this code.
(Ord. 478, passed 8 -22 -2011)
CHAPTER 705
FARM AND OTHER ANIMALS
Section
705.01
Purpose
705.02
Definitions
705.03
Enforcement
705.04
Right of entry
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705.05
Impounding of animals
705.06
Health and maintenance standards
705.07
Wild animals
705.08
Forfeiture of animal ownership rights
705.09
Farm animals
705.10
Penalty
705.01 PURPOSE.
The purpose of this chapter is to establish regulations and controls regarding the
keeping of animals other than domestic pets, such as dogs and cats, within the city
limits.
(Ord. 493, passed 3 -12 -2012)
705.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
AUTHORIZED CITYPERSONNEL. The Chief of Police, the health authority,
their designees, and other personnel assisting in the enforcement of this chapter.
MALTREATED ANIMAL. An animal that has not been given adequate food,
water or proper shelter from the weather, veterinary care when needed to prevent
suffering, and with humane care and treatment, or that has been subjected to the
conduct prohibited by M.S. § 343.21.
NUISANCE ANIMAL. An animal, conditions caused by an animal, or the
improper care and maintenance of an animal that result in running at large, offensive
odor, excessive noise or damage to property, so as to disturb the rights of or threaten
the safety of a member of the general public, or interfere with the ordinary use and
enjoyment of their property.
OWNER. A person owning, keeping, harboring or acting as custodian of an
animal. All adult occupants of the property where the animal resides or is kept are
considered an OWNER or OWNERS.
PERSON. An individual, firm, partnership or corporation.
PREMISES. A building, structure, shelter or land where an animal is kept or
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confined.
RURAL FARM ANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches,
emus, and including, but not limited to, other animals typically maintained in a farm
setting, but not in an urban setting.
UNDER RESTRAINT. An animal being within a private motor vehicle of a
person owning, harboring or keeping the animal; or controlled by a leash not exceeding
six feet in length.
URBAN FARM ANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees
and rabbits.
VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery,
care and boarding of animals and birds, under the direction of one or more licensed
veterinarians.
WILD ANIMAL. Any of the following:
a. Front - fanged venomous snakes, including the Viperidae and
Elapidae families of snakes, such as rattlesnakes and cobras;
b. Snakes over eight feet in length;
C. Reptiles that have the physical ability as adults to cause
substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and /or
domestic animals, such as python snakes and crocodilians;
d. Animals that can transmit rabies and cannot be vaccinated against
rabies;
e. Mammals that, as a breed, are considered wild by nature because
of breeding, history, character, habit or disposition; and
f. Mammals that have at least 25% of their heritage from mammals
specified in paragraph e. above.
g. Specifically, such animals as a wolf, fox, skunk, raccoon, mink,
bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil.
(Ord. 493, passed 3 -12 -2012)
705.03 ENFORCEMENT.
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The Chief of Police or designees will enforce the provisions of this chapter, with
the assistance of other personnel when appropriate.
(Ord. 493, passed 3 -12 -2012)
705.04 RIGHT OF ENTRY.
Authorized city personnel have the right to enter upon a premises at reasonable
times for the purpose of discharging their duties imposed by this chapter, when there is
reasonable belief that a violation of this chapter has been committed.
(Ord. 493, passed 3 -12 -2012)
705.05 IMPOUNDING OF ANIMALS.
Subd. 1. Seizure and impoundment. Authorized city personnel may seize and
impound an animal found to be in violation of this chapter. These personnel may enter
onto private property to seize and impound animals when:
a. They have a reasonable and immediate concern for the animal's
health, safety or welfare;
b. They have a reasonable and immediate concern for the health and
safety of human beings or other animals as a result of the animal's continued presence
on the property; or
C. They have reasonable cause to believe that a violation of this
chapter has occurred or is occurring, and that seizure is necessary to prevent further
violation, but only after a reasonable effort has been made to contact an occupant of
the property.
Subd. 2. Interference. A person must not interfere with authorized city personnel
impounding an animal, nor refuse to surrender an animal to these personnel.
Subd. 3. Cost of impoundment. The animal owner is responsible for the costs of
impounding and housing an impounded animal.
(Ord. 493, passed 3 -12 -2012) Penalty, see § 104.01
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705.06 HEALTH AND MAINTENANCE STANDARDS.
Subd. 1. Health standards. The owner of an animal kept in the city must comply
with the following standards.
a. An animal kept outdoors or in an unheated enclosure must be
provided with adequate shelter and bedding to protect it from the sun, rain, snow and
temperatures below 50 °F.
b. The shelter must include a moisture -proof and windproof structure
of suitable size to allow the animal to stand in an upright position, and to lie down
stretched out so that no part of its body need touch the sides of the structure. The
structure must be made of durable material sufficient to allow retention of body heat,
with a solid floor raised at least two inches from the ground, and an entrance covered
by a flexible windproof material or self - closing swinging door. The structure must be
provided with sufficient quantity of suitable bedding material consisting of hay, straw,
cedar shavings, blankets or the equivalent to provide insulation and protection against
cold and dampness, and to promote retention of body heat. The structure must be
structurally sound and maintained in good repair.
C. In lieu of the requirements of paragraphs a. and b., an animal may
be provided with access to a barn with a sufficient quantity of loose hay or bedding,
and protection against cold and dampness.
d. If an animal is confined by a chain, the chain must be so attached
that it cannot become entangled with the chains of other animals or other objects. A
chain must be of a size adequate to restrain the animal involved, and must be attached
to the animal by means of a well- fitted collar. The collar must be large enough to allow
free breathing, but small enough to avoid being easily pulled over the animal's head. A
chain must be at least three times the length of the animal, as measured from the tip of
its nose to the base of its tail.
e. An animal must be provided with sufficient food and water to meet
necessary nutritional requirements.
f. No person shall deposit or cause to be deposited upon any lot or in
any street, alley, lake, river or other body of water, sewer or manhole, or bury or
conceal in any way, a dead animal or part thereof. The owner or other person having
charge of an animal at the time of its death shall remove or cause to be removed the
dead body of such animal within 24 hours after death to a crematory, sanitary landfill,
rendering factory or any other place approved by the Chief of Police or his or her
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designee
Subd. 2. Maintenance standards. An owner of an animal kept in the city must
comply with the standards below. An action to enforce the provisions of this chapter
shall follow the procedures set forth in Chapter 104 of this code.
a. An owner must maintain an animal and the area where it is kept so
that no odor that offends the senses of a reasonable person is detected, for more than
one day, off the property where the animal is kept.
b. An owner must maintain the property where the animal is kept so
that there is no erosion, and no drainage of water contaminated by the animal onto
adjacent properties or into public waters or wetlands.
C. An owner must manage the feces and other bodily wastes from the
animal in a timely and sanitary manner that prevents health risks and prevents odors
that are prohibited under paragraph a. above.
d. All feed kept for animals shall be stored in animal - proof, galvanized
containers.
Subd. 3. Veterinary clinic with indoor overnight care and indoor kennels. In
addition to the standards established under Subd. 1. above, veterinary clinics with
indoor care and indoor kennels, where allowed by zoning, must comply with Minn.
Rules Chapter 9100, as may be amended.
(Ord. 493, passed 3 -12 -2012) Penalty, see § 104.01
705.07 WILD ANIMALS.
Subd. 1. Wild animals prohibited. A person must not keep, own, harbor or
otherwise possess a wild animal within the city, except as provided in Subd. 2. below.
Subd. 2. Wild animals allowed. Wild animals may be brought into the city for the
purpose of entertainment, education or display only by the following:
a. A zoo operated by a governmental agency or a tax - exempt,
non - profit corporation;
b. The Department of Natural Resources;
C. Another similar public educational or charitable organization;
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d. A circus; or
e. A city - licensed pet shop.
An organization listed above may bring a wild animal or animals
into the city under this subdivision only if the organization can and does comply with
the standards contained in Subd. 3. below. No organization covered by this
subdivision may have wild animals within the city on more than seven days in a
consecutive 12 -month period, except that an organization listed above that has a wild
animal within the city on the effective date of this section may continue to keep that
animal as long as it lives, if the organization obtains a permit from the city and complies
with the standards specified in Subd. 3. below.
Subd. 3. Standards for keeping of wild animals. An organization that has a wild
animal must comply with the following standards at all times that it possesses a wild
animal within the city.
a. A non - governmental organization must have liability insurance to
cover potential personal injury or property damage caused by the animal(s), in an
amount of at least $300,000 per person per occurrence.
b. The animal(s) must be kept in a locked cage or other secure
enclosure at all times when the public is allowed to be near it(them).
C. The cage or enclosure must be constructed of sufficient materials
so that a person, including a child, cannot put a finger, hand or another portion of the
body into the cage or enclosure so that the animal(s) could touch it. Alternatively,
structural barriers may be used to keep the public away from the cage or enclosure.
d. Only personnel with adequate training or experience in handling
wild animals may have contact with the animal(s) while in the city.
e. The animal(s) must be transported to the display location in the city
in a secure enclosure sufficient to prohibit potential contact with humans or other
animals, except for the personnel identified under paragraph d. above.
f. No sale of a wild animal(s) may occur, nor may orders for the sale
of wild animals be taken.
g. The display location must be inspected by authorized city
personnel before the wild animal(s) may be brought into the city.
h. Authorized city personnel must be allowed to periodically inspect
the display location during reasonable hours while the animal(s) is(are) in the city.
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i. If a wild animal bites a person, the animal must be forfeited
immediately to authorized city personnel for rabies testing.
(Ord. 493, passed 3 -12 -2012) Penalty, see § 104.01
705.08 FORFEITURE OF ANIMAL OWNERSHIP RIGHTS.
Subd. 1. Forfeiture of rights. The ownership rights of a person owning the
following types of animals may be forfeited to the city pursuant to the procedure in this
section:
a. A public nuisance animal;
b. A wild animal; and
C. A maltreated animal.
In addition, the ownership rights with respect to other animals
owned by the same owner may be forfeited if he or she has demonstrated an inability or
unwillingness to properly care for or control such animals, in order to prevent any of
them from becoming public nuisance or maltreated animals.
Subd. 2. Notice. Authorized city personnel must notify the owner or apparent
owner of the animal sought to be forfeited that the city intends to forfeit his or her
ownership rights. The notice must be served on the owner personally or by registered
mail. The notice must be in writing and state the reasons why forfeiture is sought,
including a summary of applicable incidents. The notice must state that the owner has
a right, within ten days after receiving the notice, to request a hearing before a Hearing
Officer appointed under City Code Chapter 104. The request for a hearing must be in
writing and must state the reason or reasons for the request. A failure to request the
hearing will constitute an admission of the facts alleged in the notice, and the animal
will be deemed forfeited to the city.
Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held
in accordance with City Code Chapter 104. The Hearing Officer must make written
findings of fact and reach a conclusion whether the allegations are true and whether
the animal will be forfeited to the city. The findings and conclusions must be made
within ten working days after the hearing and must be served on the owner personally
or by registered mail. The decision of the Hearing Officer is final, but may be appealed
by a writ of certiorari to the District Court.
Subd. 4. Animal confinement. After receiving the forfeiture notice and during the
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forfeiture proceedings, the owner must keep the subject animal confined within his or
her home or within a secure, covered enclosure. If the owner fails to do so, or if there
is an immediate threat to public health or safety or to the animal's health or safety,
authorized city personnel may immediately impound the animal and keep it at the
impound facility, at the owner's expense, until a forfeiture determination has been
made.
Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must
immediately give the animal to authorized city personnel, and a failure or refusal to do
so is a misdemeanor. Authorized city personnel may use reasonable force and go onto
private property to take the animal into custody.
Subd. 6. Disposition of forfeited animal. Authorized city personnel will determine,
on a case -by -case basis, whether forfeited animals are destroyed or given to new
owners who will adequately care for and control them.
(Ord. 493, passed 3 -12 -2012) Penalty, see § 104.01
705.09 FARM ANIMALS.
Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not
keep, own, harbor or otherwise possess a rural farm animal within the city.
Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise
possess urban farm animals within the city in accordance with the provisions of this
section.
a. An urban farm animal may only be kept in the buildable area of the
rear yard of the property, as defined by the Zoning Code.
b. An urban farm animal that is kept outside must be provided a
shelter structure of appropriate size, that is accessible to the animal at all times as
provided in § 704.06, Subd. 1. of this chapter. The shelter structure and confinement
areas shall be adequately screened to the satisfaction of neighboring property owners,
as provided in § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or
landscaping, or a combination of both.
C. The urban farm animal must be contained on the property by the
use of a fence or other appropriate containment device or structure.
d. Roosters are not allowed.
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e. An urban farm animal must not be kept on residentially -zoned
property if it is being used as part of a commercial purpose, whether or not the
commercial use occurs on the residentially -zoned property.
f. The ground or floor of the area where an urban farm animal is kept
must be covered with vegetation, concrete or other surface approved by the Planning
Department, so that it can be, and is, sufficiently maintained to adequately dissipate
offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter.
g. The number of chickens, ducks, geese, turkeys, guinea hens, or
rabbits shall not exceed six.
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i. Any person having more than the allowable number of animals set
forth in paragraphs g. and h. above, at the time of the adoption of this chapter, shall not
replace animals in excess of those limitations.
Permit issuance, fees.
(1) No urban farm animal may be kept in the city until a permit
to do so has been approved by the Zoning Administrator and issued by the office of the
Building Official. No permit shall be granted until the necessary fee has been paid, and
until the Building Official or staff representative has made an inspection of the property,
and has ascertained that the premises comply with all requirements of this chapter.
Detailed plans and specifications, accurate and drawn to scale, must be submitted with
the application, including, but not limited to, the following:
(a) Site plan showing the location and setbacks of
existing and proposed buildings, fences and structures on the subject property.
(b) Architectural plans showing floor plans, building
elevations and dimensions.
(c) Landscaping plan showing how the shelter structure
and confinement areas will be screened from adjoining properties.
(2) The applicant for any permit required under the provisions of
this chapter shall provide with the application, the written consent of 75% of the owners
or occupants of privately or publicly owned real estate within 150 feet of the outer
boundaries of the premises for which the permit is being requested, or, in the
alternative, proof that the applicant's property lines are 150 feet or more from any
structure. Where a street separates the premises for which the permit is being
requested from other neighboring property, no consent is required from the owners or
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occupants of property located on the opposite side of the street. Where a property
within 150 feet consists of a multiple dwelling, the applicant need only obtain the written
consent of the owner or manager, or other person in charge of the building.
(3) Fees.
(a) The permit fee and other fees and charges set forth
in this chapter shall be collected by the city before the issuance of any permits, and the
Building Official, or other persons duly authorized to issue the permit for which the
payment of a fee is required under the provisions of this chapter, may not issue a
permit until the fees shall have been paid.
(b) The City Council shall, from time to time, establish a
fee schedule by ordinance.
(Ord. 493, passed 3 -12 -2012) Penalty, see § 104.01
vDl-�i DM U 41! M 0 VA
Violation of this chapter shall be grounds for administrative enforcement
pursuant to § 104.03 of this code.
(Ord. 493, passed 3 -12 -2012)
Subject
Chapter
Streets and Public Right -of -Way
901
Public Parks and Recreation Areas
902
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Subject
Chapter
Water Use and Service
903
Sewer Code
904
Stormwater Utility
905
Fire Protection Utility District
906
Illicit Discharge into Stormwater System
907
Coal Tar Based Products
908
CHAPTER 901
STREETS AND PUBLIC RIGHT -OF -WAY
Section
901.01
Right -of -way management
901.02
Administration
901.03
Encroachments
901.04
House numbering
901.05
Undergound utilities
901.06
Registration
901.07
Permit required
901.08
Permit applications; fees; security; other
901.09
Diligence in performing work
901.10
Standards during construction or installation
901.11
Repair and restoration
901.12
Permit limitations
901.13
Denial of permit
901.14
Emergency work
901.15
Revocation of permits
901.16
Appeal
901.17
Mapping
901.18
Location of facilities and equipment
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901.19
Undergrounding and relocation of facilities
901.20
Pre - excavation facilities location
901.21
Inspection
901.22
Authority of Director or City Engineer
901.23
Right -of -way vacation
901.24
Abandoned and unusable equipment
901.25
Indemnification and liability
901.26
Franchise holders
901.27
Supplementary applications
901.28
Other obligations
901.29
Severability
901.30
Violation
901.01 RIGHT -OF -WAY MANAGEMENT.
Subd. 1. Findings and purpose. To provide for the health, safety and welfare of its
citizens, and to ensure the integrity of its streets and the appropriate use of the
rights -of -way, the city strives to keep its rights -of -way in a state of good repair and free
from unnecessary encumbrances. Accordingly, the city hereby enacts this chapter of
this code relating to right -of -way permits and administration. This chapter imposes
reasonable regulation on the placement and maintenance of facilities and equipment
currently within its rights -of -way or to be placed therein at some future time. It is
intended to complement the regulatory roles of state and federal agencies. Under this
chapter, persons excavating and obstructing the rights -of -way will bear financial
responsibility for their work. Finally, this chapter provides for recovery of out -of- pocket
and projected costs from persons using the public rights -of -way. This chapter shall be
interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in
M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act ") and 2017
Session Laws, Chapter 94 amending the Act, and the other laws governing applicable
rights of the city and users of the right -of -way. This chapter shall also be interpreted
consistent with Minn. Rules 7819.0050 - 7819.9950 where possible. To the extent any
provision of this chapter cannot be interpreted consistently with the Minnesota Rules,
that interpretation most consistent with the Act and other applicable statutory and case
law is intended. It is the purpose of this section to provide for lawful incidental private
use of publicly -owned rights -of -way not inconsistent with public use. This chapter shall
not be interpreted to limit the regulatory and police powers of the city to adopt and
enforce general ordinances necessary to protect the health, safety and welfare of the
public.
Subd. 2. Election to manage the public rights -of -way. Pursuant to the authority
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granted to the city under state and federal statutory, administrative and common law,
the city hereby elects, pursuant M.S. § 237.163 Subd. 2(b), to manage rights -of -way
within its jurisdiction.
Subd. 3. Definitions. The following definitions apply in this chapter of this code.
References hereafter to "sections" are, unless otherwise specified, references to
sections in this chapter. Defined terms remain defined terms, whether or not
capitalized. The following words, terms and phrases, as used herein, have the following
meanings:
ABANDONED FACILITY. A facility no longer in service or
physically disconnected from a portion of the operating facility, or from any other
facility, that is in use or still carries service as determined by the City Engineer.
APPLICANT. Any person requesting permission to excavate or
obstruct a right -of -way.
CITY. The City of Shorewood, Minnesota. For purposes of this
chapter, CITY means its elected officials, officers, employees and agents.
CITY COSTS. The actual costs the city incurs in managing its
rights -of -way, including such costs, if incurred, as those associated with registering
applicants; issuing, processing, and verifying right -of -way permit or small wireless
facility permit applications; inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving user facilities during right -of -way work; determining
the adequacy of right -of -way restoration; restoring work inadequately performed after
providing notice and the opportunity to correct the work; and revoking right -of -way or
small wireless facility permits. City costs do not include payment by a
telecommunications right -of -way user for the use of the right -of -way, unreasonable fees
of a third -party contractor used by the city, including fees tied to or based on customer
counts, access lines, or revenues generated by the right -of -way or for the city, the fees
and cost of litigation relating to the interpretation of Minnesota Session Laws 1997,
Chapter 123; M.S. §§ 237.162 or 237.163; or any ordinance enacted under those
sections, or the city fees and costs related to appeals taken pursuant to § 901.16 of this
chapter.
COLLOCATE OR COLLOCATION. To install, mount, maintain,
modify, operate, or replace any piece of equipment, including a small wireless facility
on, under, within, or adjacent to an existing wireless support structure or utility pole that
is owned privately or by the city or other governmental unit.
COMMISSION. The state Public Utilities Commission.
CONGESTED RIGHT -OF -WAY. A crowded condition in the
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subsurface of the public right -of -way that occurs when the maximum lateral spacing
between existing underground facilities does not allow for construction of new
underground facilities without using hand digging to expose the existing lateral facilities
in conformance with M.S. § 216D.04. Subd. 3, over a continuous length in excess of
500 feet.
CONSTRUCTION PERFORMANCE BOND. Any of the following
forms of security provided at permittee's option:
Subd. 3; or
(1) Cash deposit;
(2) Security of a form listed or approved under M.S. § 15.73,
(3) Letter of credit in a form acceptable to the city.
DEPARTMENT. The city.
DEPARTMENT INSPECTOR. Any person authorized by the city to
carry out inspections related to the provisions of this chapter.
DIRECTOR. The city.
DELAYPENALTY. The penalty imposed as a result of
unreasonable delays in right -of -way excavation, obstruction, patching, or restoration as
established by permit.
EMERGENCY. A condition that:
(1) Poses a danger to life or health, or of a significant loss of
property; or
(2) Requires immediate repair or replacement of facilities in
order to restore service to a customer.
EQUIPMENT. Any tangible asset used to install, repair, or maintain
facilities in any right -of -way.
EXCAVATE. To dig into or in any way, remove or physically
disturb, or penetrate any part of a right -of -way.
EXCAVATION PERMIT. The permit which, pursuant to this
chapter, must be obtained before a person may excavate in a right -of -way. An
excavation permit allows the holder to excavate that part of the right -of -way described
in such permit.
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EXCAVATION PERMIT FEE. Money paid to the city by an
applicant to cover the costs as provided in § 901.08 of this code.
FACILITY or FACILITIES. Any tangible asset in the right -of -way
required to provide utility service.
HIGH DENSITY CORRIDOR. A designated portion of the public
right -of -way within which telecommunications right -of -way users having multiple and
competing facilities may be required to build and install facilities in a common conduit
system or other common structure.
HOLE. An excavation in the pavement, with the excavation having
a length less than the width of the pavement.
LANDSCAPING. The use of living plants to modify an area of land,
including ornamental shrubs, plants and flowers. For purposes of this chapter, the
definition excludes trees, boulders, other natural obstructions, and manmade features
such as fences, structures, patios, parking pads, and the like.
LOCAL REPRESENTATIVE. A local person or persons, or
designee of such person or persons, authorized by a registrant to accept service and to
make decisions for that registrant regarding all matters within the scope of this chapter.
OBSTRUCT. To place any tangible object in a right -of -way so as to
hinder free and open passage over that or any part of the right -of -way.
OBSTRUCTION PERMIT. The permit which, pursuant to this
chapter, must be obtained before a person may obstruct a right -of -way, allowing the
holder to hinder free and open passage over the specified portion of that right -of -way,
for the duration specified therein.
OBSTRUCTION PERMIT FEE. Money paid to the city by a
permittee to cover the costs as provided in § 901.08 of this code.
PATCH or PATCHING. A method of pavement replacement that is
temporary in nature. A patch is considered full restoration only when the pavement is
included in the city's five -year project plan. A patch consists of:
(1) The compaction of the sub -base and aggregate base; and
(2) The replacement, in kind, of the existing pavement for a
minimum of two feet beyond the edges of the excavation in all directions.
PAVEMENT. Any type of improved surface that is within the public
right -of -way and that is paved or otherwise constructed with bituminous, concrete,
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aggregate, or gravel.
PERMIT. Has the meaning given RIGHT -OF -WAY PERMIT in M.S.
§ 237.162.
PERMITTEE. Any person to whom a permit to excavate or obstruct
a right -of -way has been granted by the city under this chapter.
PERSON. An individual or entity subject to the laws and rules of
this state, however organized, whether public or private, whether domestic or foreign,
whether for profit or nonprofit, and whether natural, corporate, or political.
POLE ATTACHMENT PERMIT. A city required permit for any
equipment or appurtenance attached to any pole located in the public way or public
ground, whether owned by the city or not.
PUBLIC GROUND. Land owned or otherwise controlled by the city
for park, open space, fire lanes, or similar public purpose which are held for public use
which land is not a public right -of -way.
PUBLIC RIGHT -OF -WAY or RIGHT -OF -WAY. The area on, below,
or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in
which the city has an interest, including other dedicated rights -of -way for travel
purposes and utility easements of the city. A right -of -way does not include the airwaves
above a right -of -way with regard to cellular or other non -wire telecommunications or
broadcast service.
PUBLIC STREET. The improved, traveled or surfaced portion of
any public right -of -way or roadway.
REGISTRANT. Any person who:
(1) Has or seeks to have its equipment or facilities located in
any right -of -way; or
(2) In any way occupy or uses, or seeks to occupy or use, the
right -of -way or place its facilities or equipment in the right -of -way.
RESTORE or RESTORATION. The process by which an
excavated right -of -way and surrounding area, including pavement and foundation, is
returned to the same condition and life expectancy that existed before excavation.
RESTORATION COST. The amount of money paid to the city by a
permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota
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Public Utilities Commission rules.
RIGHT -OF -WAY PERMIT. Either the excavation permit or the
obstruction permit, or both, depending on the context, required by this chapter.
RIGHT -OF -WAY USER.
(1) A telecommunications right -of -way user as defined by M.S.
§ 237.162, Subd. 4; or
(2) A person owning or controlling a facility in the right -of -way
that is used or intended to be used for providing utility service, and who has a right
under law, franchise, or ordinance to use the public right -of -way.
SERVICE or UTILITYSERVICE. Includes:
(1) Those services provided by a public utility as defined in
M.S. § 21613.02, Subds. 4 and 6;
(2) Services of a telecommunications right -of -way user,
including transporting of voice or data information;
(3) Services of a cable communications system as defined in
M.S. Chapter 238;
(4) Natural gas or electric energy or telecommunications
services provided by the city;
(5) Services provided by a cooperative electric association
organized under M.S. Chapter 308A; and
(6) Water and sewer, including service laterals, steam, cooling
or heating services
SERVICE LATERAL. An underground facility that is used to
transmit, distribute, or furnish a common source to an end -use customer. A SERVICE
LATERAL is also an underground facility that is used in the removal of wastewater,
storm water, or sump pump discharge from a customer's premises.
SMALL WIRELESS FACILITY. A wireless facility that meets both
of the following qualifications:
(1) Each antenna is located inside an enclosure of no more
than six cubic feet in volume or could fit within such an enclosure; and
(2) All other wireless equipment associated with the small
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wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet
in volume, not including electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment, power
transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection
of power and other services, and any equipment concealed from public view within or
behind an existing structure or concealment.
STORM WATER. Water that originates during precipitation events
and snow /ice melt
SUPPLEMENTARY APPLICATION. An application made to
excavate or obstruct more of the right -of -way than allowed in, or to extend, a permit that
had already been issued.
TEMPORARY SURFACE. The compaction of sub -base and
aggregate base and replacement, in kind, of the existing pavement only to the edges of
the excavation. It is temporary in nature except when the replacement is of pavement
included in the city's two -year plan, in which case it is considered full restoration.
TRENCH. An excavation in the pavement, with the excavation
having a length equal to or greater than the width of the pavement.
TELECOMMUNICATION RIGHT -OF -WAY USER. A person or
company installing or owning or controlling a facility in the right -of -way, or seeking to
own or control a facility in the right -of -way that is used or is intended to be used for
providing wireless service, or transporting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under M.S. Chapter 238, and telecommunication activities related to
providing natural gas or electric energy services, a public utility as defined in M.S. §
21613.02, a municipality, a municipal gas or power agency organized under M.S.
Chapters 453 and 453A, or a cooperative electric association organized under M.S.
Chapter 308A, are not telecommunications right -of -way users for purposes of this
chapter, except to the extent such entity is offering wireless services.
UTILITYPOLE. A pole that is used in whole or in part to facilitate
telecommunications or electric service.
WIRELESS FACILITY. Equipment at a fixed location that enables
the provision of wireless services between user equipment and a wireless service
network, including equipment associated with wireless service, a radio transreceiver,
antenna, coaxial or fiber -optic cable, regular and backup power supplies, and a small
wireless facility, but not including wireless support structures, wireline backhaul
facilities, or cables between utility poles or wireless support structures, or not otherwise
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immediately adjacent to and directly associated with a specific antenna.
WIRELESS SERVICE. Any service using licensed or unlicensed
wireless spectrum, including the use of Wi -Fi, whether at a fixed location or by means
of a mobile device, that is provided using wireless facilities. Wireless service does not
include services regulated under Title VI of the Communications Act of 1934, as
amended, including cable service.
(Ord. 552, passed - -2018)
901.02 ADMINISTRATION.
The City Engineer is the principal city official responsible for the administration
of rights -of -way, right -of -way permits, and the sections related thereto. The City
Engineer may delegate any or all of the duties hereunder.
(Ord. 552, passed - -2018)
901.03 ENCROACHMENTS.
Subd. 1. Purpose. The public welfare requires that the public rights -of -way within
the city, including highways, roads, streets and alleys, be reserved for public purposes
Public use of the full width of the rights -of -way is necessary to public safety and the
proper and efficient maintenance of the rights -of -way. However, it is recognized that
limited private use or encroachment onto the rights -of -way is not necessarily
inconsistent with public use. It is the purpose of this section to provide for lawful
incidental private use of publicly -owned rights -of -way not inconsistent with public use.
Subd. 2. Permit to encroach.
a. Permit required. The right to use publicly -owned rights -of -way
within the city for any private use or purpose other than the primary purpose of public
travel, whether the use constitutes a substantial or incidental use, may be acquired
only through permit granted pursuant to this section.
b. Application for permit. Any person may apply to the City Council for
a permit to keep or maintain private property within a publicly -owned right -of -way. The
application shall be in writing and must describe with specificity the private property
and right -of -way involved and the nature and extent of the requested encroachment.
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C. Issuance of permit, conditions. The City Council may grant the
permit if it is determined that the use applied for is incidental and not inconsistent with
safe and efficient public use. However, no permit will be issued until the applicant has
agreed in writing to waive any right to recover from the city for damage occurring to the
property located within the right -of -way which may result from the performance of the
city or its agents of its public duties as required by law.
d. Special permit for underground sprinkler systems. The City
Engineer may approve an application for a special permit for the installation of an
underground sprinkler system within the public right -of -way, providing the installation is
not inconsistent with the public use of the right -of -way. In the application, in addition to
the information required by subsection b. above, the applicant shall provide a legal
description of the private property served by the sprinkler system and agree in writing
to waive all rights to recover from the city for damage occurring to the sprinkler system
as a result of the city's performance of its public duties within the right -of -way. The
applicant shall further provide a survey or plat drawing showing the location of the
sprinkling system within the right -of -way and pay the special permit fee as may be
prescribed by ordinance passed by the City Council from time to time. The special
permit shall become effective upon its being duly recorded at the offices of the County
Recorder or Registrar of Titles and the applicant's providing to the city satisfactory
proof thereof.
e. Revocation of permit. The city reserves the right to revoke any
permit granted under this section as may be required by the public interest.
Subd. 3. Unlawful encroachments. Any privately -owned property located within or
encroaching upon public -owned rights -of -way, which has not been authorized in
accordance with this section, shall be unlawful and be subject to removal by the city at
the owner's expense.
Subd. 4. Exemption from provisions. The following uses of public rights -of -way
shall be exempt from the permit requirements of this section providing the following
conditions are met:
E�8F11I #TO!n
(1) The mailbox shall be on a single post located on the side of
the right -of -way contiguous with the mailbox owner's property or is positioned or
clustered according to specific directions of the United States Postal Service;
(2) Mailboxes servicing a planned unit development (PUD) are
positioned or clustered with the platted portion of the PUD or on the side of the
right -of -way contiguous with the PUD; and
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(3) The location of the mail box or mailboxes does not interfere
with the city's maintenance of the right -of -way.
b. Landscaping.
(1) All landscaping must be vegetative and remain under three
feet in height.
(Ord. 552, passed - -2018)
901.04 HOUSE NUMBERING.
Subd. 1. Numbering system. To assist in providing immediate access to all lots,
buildings, and structures in the city, the same shall be numbered in accordance with
the following plan:
a. North -south numbers shall commence at the east border of the city
and north -south streets shall begin at the number 4600 and run to 6200;
b. East -west numbers shall commence at the east border of the city
and east -west streets shall begin at the number 19200 and run to 28400;
C. Odd numbers shall be on the south and east sides of the streets;
even numbers shall be on the north and west sides of the streets. There shall be 100
numbers to each block, as assigned on a grid of 330 feet for east -west numbers; and
100 numbers to each block as assigned on a grid of 600 feet for north -south numbers;
and
d. On Enchanted and Shady Islands, numbers shall be assigned on a
west to east basis only. Commencing at the west border of Enchanted Island and
running to the tip of Shady Island, numbers shall begin at the number 4200 and run to
5400. There shall be 100 numbers to each block assigned on a grid of 330 feet for
each block west to east.
Subd. 2. House numbers assigned, chart kept. The city shall assign a street
number to each house and /or structure in the city, and shall maintain records showing
the proper street number of every lot, parcel, and building in the city which shall be
open to inspection by any interested person.
Subd. 3. Placement and size of numbers. It shall be the duty of the owners and
occupants of every house and structure in the city to display in a place visible from the
street, figures at least six inches high showing the number of the house or other
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residential structure. The size of figures on all other occupancies shall be governed by
the Fire Code Regulations and shall conform to M.S. § 299F.011.
Subd. 4. Violation. Any person violating the terms of this section shall be guilty of a
petty misdemeanor.
(Ord. 552, passed - -2018)
901.05 UNDERGROUND UTILITIES.
Subd. 1. All utilities installed after the effective date of these regulations, including,
but not limited to electrical, telephone and cable television lines, shall be buried unless
otherwise approved by the City Council.
Subd. 2. Existing overhead utilities within road rights -of -way in this section and of a
capacity less than 115 kilovolts are declared to be nonconforming and must be buried
at the time they are replaced due to aging or capacity limitations or relocated due to
road construction or reconstruction within the rights -of -way in which they share space,
unless otherwise approved by the City Council. Any modification to an existing facility
or new facility with a capacity of 115 kilovolts or greater shall be subject to the
conditional use permit requirements provided in § 1201.04 of this code. This provision
shall not apply to existing overhead utilities located on rear or side lot line easements
which directly serve adjacent properties.
Subd. 3. Existing overhead utilities which are to be buried in conformance with
subdivision 2 above shall be done so under the terms and requirements as provided in
the applicable franchise agreement for the affected utility, if so stipulated. In the
absence of franchise agreement stipulations for the affected utility, the burial shall
occur under the terms, expense and scheduling requirements as required by the city at
the time the overhead utility is replaced or relocated. Substitute stipulations may be
provided between the affected utility and the city.
(Ord. 552, passed - -2018)
901.06 REGISTRATION.
Subd. 1. Annual registration required. Each person who occupies or uses, or seeks
to occupy or use, the right -of -way or place any equipment or facilities in or on the
right -of -way, including persons with installation and maintenance responsibilities by
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lease, sublease or assignment, must register with the city. Such registration shall be
made on an application form provided by the City Engineer and shall be accompanied
by the registration fee provided in § 1301.02 of this code.
Subd. 2. Registration prior to work. No person may construct, install, repair,
remove, relocate, or perform any other work on, or use any facilities or any part thereof,
in any right -of -way without first being registered with the city.
Subd. 3. Registration information. The registrant shall provide the following at the
time of registration:
a. Registrant's name, address, telephone number, facsimile number,
email address and Gopher One -Call registration certificate number if required by state
law-,
b. Name, address, telephone number, email address and facsimile
number of the person responsible for fulfilling the obligations of the registrant;
C. A Certificate of Insurance from a company licensed to do business
in the State of Minnesota. Such certificate shall verify that the registrant is insured
against claims for personal injury including death, as well as claims for property
damage arising out of the following:
(1) Use and occupancy of the right -of -way by the registrant, its
officers, agents, employees and permittees, and
(2) Placement and use of equipment or facilities in the
right -of -way by the registrant, its officers, agents, employees and permittees, including
but not limited to, protection against liability arising from completed operations, damage
of underground equipment and collapse of property. Such certificate shall also name
the city as an additional insured as to whom the coverage's required herein are in force
and applicable and for whom defense will be provided as to all such coverages. Such
certificate shall require that the city be notified 30 days prior to cancellation of the
policy. Such insurance shall provide coverage in accordance with M.S. § 466.04 and
provide minimum coverage in the following amounts, as council may amend from time
to time:
(a) General liability-
(i) Public liability, including premises, products
and complete operations; bodily injury liability: $1,000,000 each person, $3,000,000
each occurrence and property damage liability: $3,000,000 each occurrence.
(ii) In lieu of above requirements, bodily injury and
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property damage combined: $3,000,000 single limit.
(b) Comprehensive-
(i) Automobile liability insurance, including
owned, non -owned and hired vehicles;
(ii) Bodily injury liability: $1,000,000 each person,
$3,000,000 each occurrence and property damage; $3,000,000 each occurrence.
(iii) In lieu of above comprehensive insurance
coverage, bodily injury and property damage combined $3,000,000 single limit;
d. 24 hour emergency number;
e. An acknowledgment by the registrant of the indemnification
pursuant to Subd. 2 of § 901.25;
f. If the person is a corporation, a copy of the certificate is required to
be filed under M.S. § 300.06 as recorded and certified to by the Secretary of State;
g. When applicable, a copy of the person's order granting a certificate
of authority from the Minnesota Public Utilities Commission or other authorization or
approval from the applicable state or federal agency to lawfully operate, where the
person is lawfully required to have such authorization or approval from said
commission or other state or federal agency;
h. The registrant shall keep all of the information listed above current
at all times by providing to the city information as to changes within 15 days following
the date on which the registrant has knowledge of any change; and
Such other information the city may require.
Subd. 4. Exceptions. The following are not subject to the requirements of this
section:
a. Persons engaged in snow removal activities;
b. Federal, state, county, and city agencies; or
C. Persons acting as agents, contractors or subcontractors for a
registrant who has properly registered in accordance with § 901.06 of this chapter.
Subd. 5. Term. Registrations issued pursuant to this section shall expire on
December 31 of each calendar year.
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Subd. 6. Registrant obligations. All registrants are obligated to:
a. Respond in a timely manner, and in all cases no longer than 30
days, to all requests, inquiries, and correspondence from the city; and
b. Attend any pre- construction, progress meetings upon notification
from the city of their required attendance. Failure to attend such meetings shall be
considered a default on the registration conditions, and result in the registrant being
removed from the city's registration without refund of any fees. Re- registration cannot
occur for the remainder of that calendar year.
(Ord. 552, passed - -2018)
901.07 PERMIT REQUIRED.
Subd. 1. Permit required. Except as otherwise provided in this code, no person
may obstruct or excavate any right -of -way, or install or place facilities in the
right -of -way without first having obtained the appropriate right -of -way permit from the
city to do so.
a. Excavation permit. An excavation permit is required by a registrant
to excavate that part of the right -of -way described in such permit and to hinder free and
open passage over the specified portion of the right -of -way by placing facilities
described therein, to the extent and for the duration specified therein.
b. Obstruction permit. An obstruction permit is required by a registrant
to hinder free and open passage over the specified portion of right -of -way by placing
equipment described therein on the right -of -way, to the extent and for the duration
specified therein. An obstruction permit is not required if a person already possesses a
valid excavation permit for the same project.
C. Small wireless facility permit. A small wireless facility permit is
required by registrant to erect or install a wireless support structure, to collocate a
small wireless facility, or to otherwise install a small wireless facility in the specified
portion of the right -of -way, to the extent specified therein, provided that such permit
shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
d. Pole /pole attachment permit. A pole permit shall be required for the
placement of new utility poles as well as anytime a new attachment is made to any
pole, new or existing, privately or publicly owned.
Subd. 2. Permit extensions. No person may excavate or obstruct the right -of -way
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beyond the date or dates specified in the permit unless:
a. Such person makes a supplementary application for another
right -of -way permit before the expiration of the initial permit, and
b. A new permit or permit extension is granted.
Subd. 3. Delay penalty. In accordance with Minn. Rules part 7819.1000 Subd. 3,
and notwithstanding Subd. 2 of this section, the city shall establish and impose a delay
penalty for unreasonable delays in right -of -way excavation, obstruction, patching, or
restoration. The delay penalty shall be established from time to time by City Council
resolution.
Subd. 4. Permit display. Permits issued under this chapter shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be
available for inspection by the city.
(Ord. 552, passed - -2018)
901.08 PERMIT APPLICATIONS; FEES; SECURITY; OTHER.
Application for a permit is made to the city. An application for a permit shall be
made on forms provided by the City Engineer and shall be accompanied by the fees as
determined by the City Council from time to time, which are established to reimburse
the city for city costs. Permit applications shall contain, and will be considered complete
only upon compliance with the requirements of the following provisions.
Subd. 1. Application. Applications shall include:
a. Scaled drawings showing the location of all facilities and
improvements existing and proposed by the applicant;
b. A description of the methods that will be used for installation;
C. A proposed schedule for all work;
d. The location of any public streets, sidewalks or alleys that will be
temporarily closed to traffic during the work;
e. The location of any public streets, sidewalks or alleys that will be
disrupted by the work;
f. A description of methods for restoring any public improvements
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disrupted by the work;
g. Any other information reasonably required by the City Engineer;
h. Traffic control plan referencing the Minnesota Manual on Uniform
Traffic Control Devices;
Registration with the city pursuant to this chapter;
Permit fees, estimated restoration costs and other management
costs;
k. Prior obstructions or excavations, any undisputed loss, damage, or
expense suffered by the city because of applicant's prior excavations or obstructions of
the rights -of -way or any emergency actions taken by the city;
Franchise fees or other charges, if applicable; and
M. If the work is to be performed by an agent, contractor or
subcontractor on behalf of a registrant, such application shall be signed by the
registrant.
Subd. 2. Permit fee.
a. The city shall impose permit fees in an amount sufficient to recover
the city's costs.
b. Payment of disputed amounts due the city by posting letter of credit
or depositing in an escrow account an amount equal to at least 110% of the amount
owing.
C. Posting an additional or larger construction cash deposit or letter of
credit for additional facilities when applicant requests an excavation permit to install
additional facilities and the city deems the existing construction performance bond
inadequate under applicable standards.
Subd. 3. Payment of permit fees. No excavation permit or obstruction permit shall
be issued without payment of excavation or obstruction permit fees. The city may allow
applicant to pay such fees within 30 days of billing.
Subd. 4. Permit fees non - refundable. Permit fees that were paid for a permit that
the city has revoked for a breach as stated in § 901.15 of this chapter are not
refundable.
Subd. 5. Franchise fees and city costs. Unless otherwise agreed to in a franchise,
city costs may be charged separately from and in addition to the franchise fees
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imposed on a right -of -way user in the franchise.
Subd. 6. Security. Unless specifically stated in a franchise agreement with the city,
companies shall provide a surety bond, letter of credit, or cash deposit in the amount
determined by the City Engineer, but not less than $2,000 shall be required from each
applicant. A surety bond shall be from a corporate surety authorized to do business in
the state. Security required pursuant to this subdivision shall be conditioned that the
holder will perform the work in accordance with this section and applicable regulations,
will pay to the city any costs incurred by the city in performing work pursuant to this
section; and will indemnify and save the city and its officers, agents and employees
harmless against any and all claims, judgment or other costs arising from any
excavation and other work covered by the permit or for which the city, council or any
city officer may be liable by reason of any accident or injury to persons or property
through the fault of the permit holder, either in improperly guarding the excavation or
for any other injury resulting from the negligence of the permit holder. In addition to the
above - referenced security, non - franchise utility right -of -way users shall provide an
irrevocable letter of credit, or cash deposit that shall remain in force as long as the
non - franchise utility user has facilities in the city's right -of- way. The amount of this
security shall be determined from time to time by the City Council. This security shall be
in addition to the security required from any subcontractor doing work on behalf of the
non - franchise right -of -way utility. The bond, letter of credit or cash deposit shall be
released by the city upon completion of the work and compliance with all conditions
imposed by the permit. For permits allowing excavations within public streets, such
bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty
the adequacy of all restoration work.
Subd. 7. Permit issuance, conditions. The city may impose reasonable conditions
upon the issuance of the permit and the performance of the applicant thereunder to
protect the health, safety and welfare or when necessary to protect the right -of -way and
its current use. In addition, a permittee shall comply with all requirements of local, state
and federal laws, including but not limited to M.S. §§ 216D.01 -.09 (Gopher One Call
Excavation Notice System) and Minn. Rules Chapter 7560. No permit shall be issued to
anyone who has failed to register in accordance with § 901.06 of this chapter.
Subd. 8. Small wireless facility conditions. In addition to subdivision 3, the erection
or installation of a wireless support structure, the collocation of a small wireless facility,
or other installation of a small wireless facility in the right -of -way shall be subject to the
following conditions:
a. A small wireless facility shall only be collocated on the particular
wireless support structure, under those attachment specifications, and at the height
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indicated in the applicable permit application;
b. No new wireless support structure installed within the right -of -way
shall exceed 50 feet in height without the city's written authorization, provided that the
city may impose a lower height limit in the applicable permit to protect the public health,
safety, and welfare or to protect the right -of -way and its current use, and further
provided that the registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such
conditions or requirements as may be imposed in the applicable permit;
C. No wireless facility may extend more than ten feet above its
wireless support structure;
d. Where an applicant proposes to install a new wireless support
structure in the right -of -way, the city may impose separation requirements between
such structure and any existing wireless support structure or other facilities in and
around the right -of -way;
e. Where an applicant proposes collocation on a decorative wireless
support structure, sign or other structure not intended to support small wireless
facilities, the city may impose reasonable requirements to accommodate the particular
design, appearance or intended purpose of such structure;
f. Where an applicant proposes to replace a wireless support
structure, the city may impose reasonable restocking, replacement, or relocation
requirements on the replacement of such structure; and
g. Screening, disguising, or other zoning requirements shall be found
in the City Code § 1201.03, Subd. 21.
Subd. 9. Small wireless facility agreement.
a. A small wireless facility shall only be collocated on a small wireless
support structure owned by or controlled by the city, or any other city asset in the
right -of -way, after the applicant has executed a standard small wireless facility
collocation agreement with the city. The standard collocation agreement shall require
payment of the following fees:
collocation; and
(1) $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the
(3) A monthly fee for electrical service as follows:
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(a) $73 per radio node less than or equal to 100
maximum watts;
(b) $182 per radio node over 100 maximum watts; or
(c) The actual costs of electricity, if the actual cost
exceeded the foregoing
b. The standard collocation agreement shall be in addition to, and not
in lieu of, the required small wireless facility permit, provided, however, that the
applicant shall not be additionally required to obtain a license or franchise in order to
collocate. Issuance of a small wireless facility permit does not supersede, alter or affect
any then - existing agreement between the city and applicant.
Subd. 10. Action on small wireless facility permit applications.
a. Deadline for action. The city shall approve or deny a small wireless
facility permit within 90 days after filing of such application, except as provided for in
subsection c. of this section. The small wireless facility permit and any associated
building permit application shall be deemed approved if the city fails to approve or deny
the application within the review period established in this paragraph.
b. Consolidated applications.
(1) An applicant may file a consolidated small wireless facility
permit application addressing the proposed collocation of up to 15 small wireless
facilities, or a greater number if agreed to by a local government unit, provided that all
small wireless facilities in the application:
(a) Are located within a two -mile radius;
(b) Consist of substantially similar equipment; and
(c) Are to be placed on similar types of wireless support
structures.
(2) In rendering a decision on a consolidated permit application,
the city may approve some small wireless facilities and deny others, but may not use
denial of one or more permits as a basis to deny all small wireless facilities in an
application.
C. Tolling of deadline. The 90 -day deadline for action on a small
wireless facility permit application may be tolled if:
(1) The city receives applications from one or more applicants
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seeking approval of permits for more than 30 small wireless facilities within a
seven -day period. In such case, the city may extend the deadline for all such
applications by 30 days by informing the affected applicants in writing of such
extension; or
(2) The applicant fails to submit all required documents or
information and the city provides written notice of incompleteness to the applicant
within 30 days of receipt of the application. Upon submission of additional documents
or information the city shall have ten days to notify the applicant in writing of any
still- missing information. Once the complete application has been submitted, the 90 day
deadline for action will begin.
Subd. 11. Exceptions. No permit shall be required for the following:
a. Snow removal activities;
b. Activities of the city; or
C. Installation and maintenance of sewer or water services provided
that no excavation or other work is done within a street, sidewalk or alley and all work is
confined to unimproved portions of rights -of -way or easements.
(Ord. 552, passed - -2018)
901.09 DILIGENCE IN PERFORMING WORK.
Work shall progress in an expeditious manner as reasonably permitted by
weather conditions until completion in order to avoid unnecessary inconvenience to
traffic. In the event that the work is not performed in accordance with applicable
regulations pertaining to excavations and utility connections, or the work is not done in
an expeditious manner, or shall cease or be abandoned without due cause, the city
may, after 72 -hour notice to the permit holder, correct the work and fill the excavation
or repair the street. The entire cost of such work shall be paid by the permit holder
upon demand made by the city. If permit holder fails to pay, the city will exercise a
claim on the security.
(Ord. 552, passed - -2018)
901.10 STANDARDS DURING CONSTRUCTION OR INSTALLATION.
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The permit holder shall comply with the following standards when engaging in
the work.
Subd. 1. Conduct the operations and perform the work in a manner as to ensure
the least obstruction and interference to traffic.
Subd. 2. Take adequate precautions to ensure the safety of the general public and
those who require access to abutting property.
Subd. 3. If required by the City Engineer, notify adjoining property owners prior to
the commencement of work which may disrupt the use of and access to such adjoining
properties.
Subd. 4. In all cases where construction work interferes with the normal use of the
construction area, provide for closing the construction area to traffic or to afford it
restricted use of the area and comply with the Minnesota Manual On Uniform Traffic
Control Devices traffic safety signing requirements.
Subd. 5. Exercise precaution at all times for the protection of persons, including
employees and property.
Subd. 6. Protect and identify excavations and work operations with barricade flags,
and if required, by flagmen in the daytime, and by warning lights at night.
Subd. 7. Provide proper trench protection as required by O.S.H.A. when necessary
and depending upon the type of soil, in order to prevent cave -ins endangering life or
tending to enlarge the excavation.
Subd. 8. Protect the root growth of trees and shrubbery.
Subd. 9. Installation of pipe (utility conductors) under Portland Cement Concrete,
asphalt concrete, or other high -type bituminous pavements shall be done by jacking,
auguring or tunneling as directed by the City Engineer unless otherwise authorized.
HDPE sleeving shall be an acceptable casing or sleeving material for
telecommunications installations.
Subd. 10. When removing pavement of Portland Cement Concrete, asphalt concrete
or high -type built -up bituminous surfacing, the pavement shall be removed on each
side of the trench or excavation a distance of nine inches beyond the trench width and
length, in order to provide a shoulder and solid foundation for the surface restoration.
Subd. 11. To obtain a straight edge and neat - appearing opening in pavement
surfaces, the following procedure is required:
a. Portland Cement Concrete Pavement - The surface shall be
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saw -cut scored two inches deep and the concrete broken out by sledge or pneumatic
hammer chisel.
b. Asphalt Concrete - The surface shall be cut full depth by pneumatic
hammer chisel.
Subd. 12. Excavations, trenches and jacking pits off the roadway or adjacent to the
roadway or curbing shall be sheathed and braced depending upon location and soil
stability, and as directed by the city.
Subd. 13. Excavations, trenches, directional borings, and jacking pits shall be
protected when unattended to prevent entrance of surface drainage.
Subd. 14. All backfilling must be placed in six inch lifts at optimum moisture and
compacted 100% of AASHTO density. Compaction shall be accomplished with hand,
pneumatic or vibrating compactors as appropriate. Backfill material shall be Class 5, or
better in the judgment of the City Engineer. The City Engineer may permit backfilling
with the material from the excavation provided such material is granular in nature and
acceptable to the City Engineer.
Subd. 15. Compacted backfill shall be brought to street grade and crowned to match
the existing driving surface.
Subd. 16. Street and pedestrian traffic shall be maintained throughout construction
unless provided otherwise by the permit.
Subd. 17. No lugs damaging to roadway surfaces may be used.
Subd. 18. Dirt or debris must be promptly removed during construction.
Subd. 19. Other reasonable standards and requirements of the City Engineer.
(Ord. 552, passed - -2018)
901.11 REPAIR AND RESTORATION.
Subd. 1. Timing. The work to be done under the excavation permit, and the
patching and restoration of the right -of -way as required herein, must be completed
within the dates specified in the permit, increased by as many days as work could not
be done because of circumstances beyond the control of the permittee. Permanent
restoration of the driving surface shall be completed within three working days of
completion of the backfilling. Permanent restoration of all other work shall be completed
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within ten days following backfilling or completion of the excavation work
Subd. 2. Patch and restoration. Permittee shall patch its own work. The city may
choose either to have the permittee restore the right -of -way or to restore the
right -of -way itself.
a. City restoration. If the city restores the right -of -way, permittee shall
pay the costs thereof within 30 days of billing. If following such restoration, the
pavement settles due to permittee's improper backfilling, the permittee shall pay to the
city, within 30 days of billing, all costs associated with correcting the defective work.
The permit holder may request that the city restore the right -of -way. The permit holder
shall pay to the city, in advance, a cash deposit equaling 150% of the estimated
restoration cost. The restoration cost shall be estimated by the City Engineer. Following
completion of the restoration, any funds in excess of the actual restoration cost shall be
returned to the permit holder.
b. Permittee restoration. If the permittee restores the right -of -way
itself, it shall at the time of application for an excavation permit post security as
required by this chapter.
Subd.3. Standards.
a. The permittee shall perform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the city and
shall comply with Minn. Rules 7819.1100. The permit holder shall perform repairs and
restoration according to the standards and with the materials specified by the city. The
city shall have the authority to prescribe the manner and extent of the restoration, and
may do so in written procedures of general application or on a case -by -case basis. The
city in exercising this authority shall be guided by the following standards and
consideration:
(1) The number, size, depth and duration of the excavations,
disruptions or damage to the right -of -way;
(2) The traffic volume carried by the right -of -way; the character
of the neighborhood surrounding the right -of -way;
(3) The pre- excavation condition of the right -of -way; the
remaining life- expectancy of the right -of -way affected by the excavation;
(4) Whether the relative cost of the method of restoration to the
permit holder is in reasonable balance with the prevention of an accelerated
depreciation of the right -of -way that would otherwise result from the excavation,
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disturbance or damage to the right -of -way; and
(5) The likelihood that the particular method of restoration
would be effective in slowing the depreciation of the right -of -way that would otherwise
take place.
b. The excavation, backfilling, patching and restoration, and all other
work performed in the right -of -way shall be done in conformance with Minn. Rules
7819.1100 and 7819.5000 and other applicable local requirements, in so far as they
are not inconsistent with the M.S. §§ 237.162 and 237.163. Installation of service
laterals shall be performed in accordance with Minn. Rules Chapter 7560 and this
code. Service lateral installation is further subject to those requirements and conditions
set forth by the city in the applicable permits and /or agreements referenced in § 901.18,
Subd. 2 of this code.
Subd. 4. Duty to correct defects. The permittee shall correct defects in patching or
restoration performed by permittee or its agents. The permittee shall correct all
restoration work to the extent necessary, using the method required by the city. Said
work shall be completed within seven calendar days of the notice being sent by the city,
not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonable or
unreasonable.
Subd. 5. Failure to restore. If the permittee fails to restore the right -of -way in the
manner and to the condition required by the city, or fails to satisfactorily complete all
restoration required by the city, the city at its option may do such work or hire a
contractor to complete the work. Any restoration done in this manner will include an
administrative charge to cover the city's cost, but said charge will in no event be less
than $100 and the city will withhold permits for future work until reimbursement is made
by the permittee. In that event the permittee shall pay to the city, within 30 days of
billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the
city may exercise its rights under the letter of credit, cash deposit, or other financial
guarantee. Failure to restore shall also be considered a violation of the registration
requirements and may subject permittee to removal from city registration.
Subd. 6. Guarantees. The permit holder shall guarantee its work and shall
maintain it for 24 months following its completion. During this 24 month period it shall,
upon notification from the City Engineer, promptly correct all restoration work to the
extent necessary, using the method required by the City Engineer.
(Ord. 552, passed - -2018)
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901.12 PERMIT LIMITATIONS.
Permits issued pursuant to this section are valid only for the area of the
right -of -way specified in the application and the permit and only for the dates so
specified. No work shall be extended beyond the permitted area or dates without a new
permit being procured therefore, provided the City Engineer may extend the completion
date of the work in accordance with § 901.11, Subd. 1 of this chapter.
(Ord. 552, passed - -2018)
901.13 DENIAL OF PERMIT.
Subd. 1. Reasons for denial. The city may deny a permit for failure to meet the
requirements and conditions of this chapter or if the city determines that the denial is
necessary to protect the health, safety and welfare or when necessary to protect the
right -of -way and its current use.
Subd. 2. Procedural requirements. The denial or revocation of a permit must be
made in writing and must document the basis for the denial. The city must notify the
applicant or right -of -way user in writing within three business days of the decision to
deny or revoke a permit. If an application is denied, the applicant may address the
reasons for denial identified by the city and resubmit its application. If the application is
resubmitted within 30 days of receipt of the notice of denial, no additional application
fee shall be imposed. The city must approve or deny the resubmitted application within
30 days after submission.
(Ord. 552, passed - -2018)
901.14 EMERGENCY WORK.
Subd. 1. Emergency situations. Each registrant shall immediately notify the director
of any event regarding its facilities that it considers to be an emergency. Excavators'
notification to Gopher State One Call regarding an emergency situation does not fulfill
this requirement. Within two business days after the occurrence of the emergency, the
registrant shall apply for the necessary permits, pay the fees associated therewith, and
fulfill the rest of the requirements necessary to bring itself into compliance with this
chapter for the actions it took in response to the emergency. If the City Engineer
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becomes aware of an emergency, the City Engineer shall attempt to contact the local
representative of each registrant affected, or potentially affected, by the emergency. In
any event, the City Engineer may take whatever action deemed necessary to respond
to the emergency, the cost of which shall be borne by the registrant whose facilities or
equipment occasioned the emergency.
Subd. 2. Non - emergency situations. Except in an emergency, any person who,
without first having obtained the necessary permit, obstructs or excavates a
right -of -way must subsequently obtain a permit and, as a penalty, pay double the
normal fee for said permit, pay double all the other fees required by the city code,
deposit with the city the fees necessary to correct any damage to the right -of -way, and
comply with all of the requirements of this chapter.
(Ord. 552, passed - -2018)
901.15 REVOCATION OF PERMITS.
Subd. 1. Substantial breach. The city reserves its right, as provided herein, to
revoke any right -of -way permit without a fee refund, if there is a substantial breach of
the terms and conditions of any statute, ordinance, rule or regulation, or any material
condition of the permit. A substantial breach by permittee shall include, but shall not be
limited to, the following:
a. The violation of any material provision of the right -of -way permit;
b. An evasion or attempt to evade any material provision of the
right -of -way permit, or the perpetration or attempt to perpetrate any fraud or deceit
upon the city or its citizens. Any material misrepresentation of fact in the application for
a right -of -way permit;
C. The failure to complete the work in a timely manner, unless a
permit extension is obtained or unless the failure to complete work is due to reasons
beyond the permittee's control; or
d. The failure to correct, in a timely manner, work that does not
conform to a condition indicated on an order issued pursuant to § 901.21 of this
chapter.
Subd. 2. Written notice of breach. If the city determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance, rule,
regulation, or any condition of the permit, the city shall make a written demand upon
the permittee to remedy such violation. The demand shall state that continued
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violations may be cause for revocation of the permit. A substantial breach, as stated
above, will allow the city, at its discretion, to place additional or revised conditions on
the permit to mitigate or remedy the breach.
Subd. 3. Response to notice of breach. Within 48 hours of the city sending
notification of the breach, permittee shall provide the city with a plan, acceptable to the
city, which will cure the breach. Permittee's failure to so contact the city, or permittee's
failure to timely submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shall be cause for immediate revocation of the permit.
Subd. 4. Reimbursement of city costs. If a permit is revoked, the permittee shall
also reimburse the city for the city's reasonable costs, including, but not limited to,
restoration costs and the costs of collection and reasonable attorneys' fees incurred in
connection with such revocation.
(Ord. 552, passed - -2018)
901.16 APPEAL.
Subd. 1. Filing of appeal. Any person aggrieved by the denial of a permit
application, the denial of a registration, the revocation of a permit, or the application of
the fee imposed by the City of Shorewood's Master Fee Schedule, may appeal to the
Council by filing a written notice of appeal with the Clerk. Said notice must be filed with
20 days of the action causing the appeal.
Subd. 2. Notice of hearing. The Council shall hear the appeal not later than 30
days after the date the appeal is filed. Notice of the date, time, place, and purpose of
the hearing shall be mailed to the appellant not less than ten days before the date of
the hearing.
Subd. 3. Hearing and decision. The Council shall, at such hearing, hear and
consider any evidence offered by the appellant, the City Engineer, and anyone else
wishing to be heard. After hearing the oral and written views of all interested persons,
the Council shall make its decision at the same meeting or at a specified future
meeting.
(Ord. 552, passed - -2018)
901.17 MAPPING.
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Subd. 1. Information required. Each registrant and permittee, upon request by the
city, shall provide mapping information required by the city in accordance with Minn.
Rules 7819.4000 and 7819.4100. Following completion of any work pursuant to a
permit, and upon city request, the permittee shall provide the City Engineer accurate
maps and drawings certifying the "as- built" location of all equipment installed, owned
and maintained by the permittee. Such maps and drawings shall include the horizontal
and vertical location of all facilities and equipment and shall be provided consistent
with the city's mapping system. Failure to provide maps and drawings pursuant to this
subsection shall be grounds for revoking the permit holder's registration.
Subd. 2. Service laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minn. Rules 7560.0150, subp. 2, shall
require the permittee's use of appropriate means of establishing the horizontal
locations of installed service laterals. Permittees or their subcontractors shall submit to
the director evidence satisfactory to the director of the installed service lateral
locations. Compliance with this subdivision 2 and with applicable Gopher State One
Call law and Minn. Rules governing service laterals installed after December 31, 2005,
shall be a condition of any city approval necessary for payments to contractors working
on a public improvement project including those under M.S. Chapter 429, and city
approval of performance under development agreements, or other subdivision or site
plan approval under M.S. Chapter 462. The director shall reasonably determine the
appropriate method of providing such information to the city. Failure to provide prompt
and accurate information on the service laterals installed may result in the revocation of
the permit issued for the work or for future permits to the offending permittee or its
subcontractors.
(Ord. 552, passed - -2018)
901.18 LOCATION OF FACILITIES AND EQUIPMENT.
Subd. 1. Undergrounding by telecommunications right -of -way users. Any new
construction and the installation of new equipment and replacement of old equipment of
telecommunication right -of -way users shall be underground or contained within
buildings or other structures in conformity with applicable codes. Provided,
telecommunications right -of -way users may attach equipment and facilities to existing
poles and structures maintained by a service or utility service. New and improved
telecommunications facilities shall be made available for service to abutting parcels on
the same terms and conditions available to others in the same service area.
Subd. 2. Corridors. The City Engineer may assign specific corridors within the
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right -of -way, or any particular segment thereof as may be necessary, for each type of
equipment that is or, pursuant to current technology, the City Engineer expects will
someday be located within the right -of -way. All permits issued by the City Engineer
involving the installation or replacement of equipment shall designate the proper
corridor for the equipment at issue.
Subd. 3. Limitation of space. To protect health and safety, the City Engineer shall
have the power to prohibit or limit the placement of new or additional equipment within
the right -of -way if there is insufficient space to accommodate all of the requests of
registrants or persons to occupy and use the right -of -way. In making such decisions,
the City Engineer shall strive to the extent possible to accommodate all existing and
potential users of the right -of -way, but shall be guided primarily by considerations of
the public interest, the public's needs for the particular utility service, the condition of
the right -of -way, the time of year with respect to essential utilities, the protection of
existing equipment in the right -of -way, and future city plans for public improvements
and development projects which have been determined to be in the public interest.
(Ord. 552, passed - -2018)
901.19 UNDERGROUNDING AND RELOCATION OF FACILITIES.
Subd. 1. Placement, location, and relocation of facilities must comply with the
code, with other applicable law, and with Minn. Rules 7819.3100, 7819.5000,
7819.5100, to the extent the rules do not limit authority otherwise available to cities.
a. Relocation notification procedure. The city shall notify the utility
owner at least 90 days in advance of the need to relocate existing facilities so the
owner can determine if relocation or replacement is required and plan for any required
work. The city shall provide a second notification to the owner one month before the
owner needs to begin the relocation. The utility owner shall begin relocation of the
facilities within one month of the second notification. To the extent technically feasible,
all utilities shall be relocated within one month or in a time frame determined by the
city. The city may allow a different schedule if it does not interfere with the city's project.
The utility owner shall diligently work to relocate the facilities within the above
schedule. The registrant shall restore any rights -of -way to the condition it was prior to
removal and relocation.
b. Delay to city project. The city shall notify the utility owner if the
owner's progress will not meet the relocation schedule. If the owner fails to meet the
relocation schedule due to circumstances within its control, the city may charge the
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utility owner for all costs incurred and requested by a contractor working for the city
who is delayed because the relocation is not completed in the scheduled time frame
and for all costs incurred by the city due to the delay.
C. Delay penalties. Delay penalties under this section shall be set
time to time by the City Council.
d. For relocations or requests made by the city that are matters of
convenience, and where the city shall be charged for such costs, the utility owner shall
provide the city a detailed estimate of all relocation costs, including, but not limited to:
quantities of all materials and supplies, cost for each quantity, labor costs, other. The
city shall have the right to independently verify the cost to determine reasonableness.
Subd. 2. Undergrounding of relocated telecommunications facilities. A
telecommunications right -of -way user shall relocate all above ground facilities and
equipment to underground locations at its own cost and expense at the city's request
when the city requires the relocation of all telecommunications facilities and equipment
to underground locations, or structures or poles to which the registrant's facilities or
equipment is attached are abandoned or removed by the owner of such structures or
poles, or as ordered removed by the city.
Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found
in a right -of -way that have not been registered shall be deemed to be a nuisance. The
city may exercise any remedies or rights it has at law or in equity, including, but not
limited to, abating the nuisance or taking possession of the facilities and restoring the
right -of -way to a useable condition.
Subd. 4. Limitation of space. To protect health, safety and welfare, or when
necessary to protect the right -of -way and its current use, the city shall have the power
to prohibit or limit the placement of new or additional facilities within the right -of -way. In
making such decisions, the city shall strive to the extent possible to accommodate all
existing and potential users of the right -of -way, but shall be guided primarily by
considerations of the public interest, the public's needs for the particular utility service,
the condition of the right -of -way, the time of year with respect to essential utilities, the
protection of existing facilities in the right -of -way, and future city plans for public
improvements and development projects which have been determined to be in the
public interest.
Subd. 5. Fee waiver. When relocation occurs in conjunction with a public
improvement project, the City Engineer shall have discretion to waive all or a portion of
the fees associated with the work that is occurring within the boundaries of the public
improvement project.
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(Ord. 552, passed - -2018)
901.20 PRE - EXCAVATION FACILITIES LOCATION.
In addition to complying with the requirements of M.S. §§ 216D.01 -.09 ( "One
Call Excavation Notice System ") before the start date of any right -of -way excavation,
each registrant who has facilities or equipment in the area to be excavated shall mark
the horizontal and vertical placement of all said facilities. Any registrant whose facilities
are less than 20 inches below a concrete or asphalt surface shall notify and work
closely with the excavation contractor to establish the exact location of its facilities and
the best procedure for excavation.
(Ord. 552, passed - -2018)
901.21 INSPECTION.
Subd. 1. Notice of completion. When the work under any permit hereunder is
completed, the permittee shall furnish a completion certificate in accordance Minn.
Rules 7819.1300.
Subd. 2. Site inspection. Permittee shall make the work -site available to the city
and to all others as authorized by law for inspection at all reasonable times during the
execution of and upon completion of the work.
(Ord. 552, passed - -2018)
901.22 AUTHORITY OF DIRECTOR OR CITY ENGINEER.
Subd. 1. At the time of inspection, the director or City Engineer may order the
immediate cessation of any work which poses a serious threat to the life, health, safety
or well -being of the public.
Subd. 2. The director or City Engineer may issue an order to the permittee for any
work that does not conform to the terms of the permit or other applicable standards,
conditions, or codes. The order shall state that failure to correct the violation will be
cause for revocation of the permit. Within ten days after issuance of the order, the
permittee shall present proof to the director that the violation has been corrected. If
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such proof has not been presented within the required time, the director may revoke the
permit pursuant to § 901.15 of this chapter.
(Ord. 552, passed - -2018)
901.23 RIGHT -OF -WAY VACATION.
Subd. 1. Reservation of right. If the city vacates a right -of -way that contains the
facilities of a registrant, the registrant's rights in the vacated right -of -way are governed
by Minn. Rules 7819.3200.
Subd. 2. Relocation of equipment. If the vacation requires the relocation of
registrant facilities and equipment, then the following shall apply:
a. If the vacation proceedings are initiated by the registrant, the
registrant must pay the relocation costs;
b. If the vacation proceedings are initiated by the city, the registrant
must pay the relocation costs unless otherwise agreed to by the city and the registrant;
or
C. If the vacation proceedings are initiated by a person or persons
other than the registrant or permit holder, such other person or persons must pay the
relocation costs.
Subd. 3. Notice. Required notification of request to vacate shall be done pursuant
to M.S. § 645.11.
(Ord. 552, passed - -2018)
901.24 ABANDONED AND UNUSABLE EQUIPMENT.
Subd. 1. Discontinued operations. A registrant who has determined to discontinue
its operations in the city must either:
a. Provide information satisfactory to the City Engineer that the
registrant's obligations for its equipment in the right -of -way under this section have
been lawfully assumed by another registrant; or
b. Submit to the City Engineer an action plan for the removal or
abandonment of equipment and facilities. The City Engineer shall require removal of
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such facilities and equipment if the City Engineer determines such removal is
necessary to protect the public health, safety and welfare. The City Engineer may
require the registrant to post a bond in an amount sufficient to reimburse the city for
reasonably anticipated costs to be incurred in removing the facilities and equipment.
Subd. 2. Abandoned facilities and equipment. Facilities and equipment of a
registrant located on the surface of or above a right -of -way or on public grounds which
remains unused shall be deemed to be abandoned. Such abandoned equipment is
deemed to be a nuisance. The city may exercise any remedies or rights it has at law or
in equity, including, but not limited to:
a. Abating the nuisance; or
b. Requiring removal of the equipment or facilities by the registrant,
or the registrant's successor in interest. Appeals under this section shall follow the
procedures in § 901.16 of this chapter.
Subd. 3. Removal of underground equipment. Any registrant who has unusable
and abandoned underground facilities or equipment in any right -of -way shall promptly
remove it from that right -of -way.
(Ord. 552, passed - -2018)
901.25 INDEMNIFICATION AND LIABILITY.
By registering with the city, or by accepting a permit under this chapter, a
registrant or permittee agrees to defend and indemnify the city in accordance with the
provisions of Minn. Rules 7819.1250.
Subd. 1. Limitation of liability. By reason of the acceptance of a registration or the
grant of a right -of -way permit, the city does not assume any liability for injuries to
persons, damage to property, or loss of service claims by parties other than the
registrant or the city, or for claims or penalties of any sort resulting from the
installation, presence, maintenance, or operation of equipment by registrants or
activities of registrants.
Subd. 2. Indemnification. By registering with the City Engineer, a registrant agrees,
or by accepting a permit under this section, a permit - holder is required, to defend,
indemnify, and hold the city whole and harmless from all costs, liabilities, and claims for
damages of any kind arising out of the construction, presence, installation,
maintenance, repair or operation of its equipment, or out of any activity undertaken in
or near a right -of -way, whether or not any act or omission complained of is authorized,
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allowed, or prohibited by a right -of -way permit. It further agrees that it will not bring, nor
cause to be brought, any action, suit or other proceeding claiming damages, or seeking
any other relief against the city for any claim nor for any award arising out of the
presence, installation, maintenance or operation of its equipment, or any activity
undertaken in or near a right -of -way, whether or not the act or omission complained of
is authorized, allowed or prohibited by a right -of -way permit. The foregoing does not
indemnify the city for its own negligence except for claims arising out of or alleging the
city's negligence where such negligence arises out of or is primarily related to the
presence, installation, construction, operation, maintenance or repair of said equipment
by the registrant or on the registrant's behalf, including but not limited to, the issuance
of permits and inspection of plans or work. This section is not, as to third parties, a
waiver of any defense or immunity otherwise available to the registrant or to the city;
and the registrant, in defending any action on behalf of the city, shall be entitled to
assert in any action every defense or immunity that the city could assert in its own
behalf.
(Ord. 552, passed - -2018)
901.26 FRANCHISE HOLDERS.
If there is a conflict in terms between the franchise of an entity holding a valid
franchise agreement with the city and this chapter, the terms of the franchise shall
prevail. For definitions and time lines contained within both this chapter and the
franchise agreement, the more restrictive provision shall govern.
(Ord. 552, passed - -2018)
901.27 SUPPLEMENTARY APPLICATIONS.
Subd. 1. Limitation on area. A right -of -way permit is valid only for the area of the
right -of -way specified in the permit. No permittee may do any work outside the area
specified in the permit, except as provided herein. Any permittee which determines that
an area greater than that specified in the permit must be obstructed or excavated must
before working in that greater area make application for a permit extension and pay any
additional fees required thereby, and be granted a new permit or permit extension.
Subd. 2. Limitation on dates. A right -of -way permit is valid only for the dates
specified in the permit. No permittee may begin its work before the permit start date or,
except as provided herein, continue working after the end date. If a permittee does not
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finish the work by the permit end date, it must apply for a new permit for the additional
time it needs, and receive the new permit or an extension of the old permit before
working after the end date of the previous permit. This supplementary application must
be submitted before the permit end date.
(Ord. 552, passed - -2018)
901.28 OTHER OBLIGATIONS.
Subd. 1. Compliance with other laws. Obtaining a right -of -way permit does not
relieve permittee of its duty to obtain all other necessary permits, licenses, and
authority and to pay all fees required by the city or other applicable rule, law or
regulation. A permittee shall comply with all requirements of local, state and federal
laws, including but not limited to M.S. §§ 216D.01 -.09 (Gopher One Call Excavation
Notice System) and Minn. Rules Chapters 7560 and 7819. A permittee shall perform all
work in conformance with all applicable codes and established rules and regulations,
and is responsible for all work done in the right -of -way pursuant to its permit,
regardless of who does the work.
Subd. 2. Prohibited work. Except in an emergency, and with the approval of the
city, no right -of -way obstruction or excavation may be done when the city determines it
is seasonally prohibited or when the city determines that the conditions are
unreasonable for such work.
Subd. 3. Interference with right -of -way. A permittee shall not so obstruct a
right -of -way that the natural free and clear passage of water through the gutters or
other waterways shall be interfered with. Private vehicles of those doing work in the
right -of -way may not be parked within or next to a permit area, unless parked in
conformance with city parking regulations. The loading or unloading of trucks must be
done solely within the defined permit area unless specifically authorized by the permit.
Subd. 4. Trenchless excavation. As a condition of all applicable permits, permittees
employing trenchless excavation methods, including but not limited to Horizontal
Directional Drilling, shall follow all requirements set forth in M.S. Chapter 216D and
Minn. Rules Chapter 7560, and shall require potholing or open cutting over existing
underground utilities before excavating. If any trenchless excavation crosses or
intersects with a city sanitary sewer main or lateral, storm sewer main or lateral, catch
basin, manhole or any associated structure, a post excavation televised inspection in
accordance with the city's current standard specifications shall be made of all such
crossings within 30 days of said work to ensure that the city utilities were not damaged
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or impacted by the trenchless excavation. Televised results shall be provided in a
format acceptable to the city, and sent to the city within 30 days of the televising.
(Ord. 552, passed - -2018)
901.29 SEVERABILITY.
If any portion of this chapter is for any reason held invalid by any court of
competent jurisdiction, such portion shall be deemed separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof. Nothing in this chapter precludes the city from requiring a franchise
agreement with the applicant, as allowed by law, in addition to the requirements set
forth herein.
(Ord. 552, passed - -2018)
901.30 VIOLATION.
Any person who shall violate any of the provisions of this chapter shall be guilty
of a misdemeanor, unless otherwise specified.
(Ord. 552, passed - -2018)
CHAPTER 902
PUBLIC PARKS AND RECREATION AREAS
Section
902.01 Purpose
902.02 General regulations and rules of conduct
902.03 Animals in park and recreation areas
902.04 Vehicle restrictions
902.05 Additional rules for use of park and recreation facilities
902.06 Use of recreational facilities by athletic associations
902.07 Discrimination in parks
902.08 Inspections for aquatic invasive species
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902.09 Application of provisions to city employees
902.10 Administrative rules and regulations
902.11 Violation
902.01 PURPOSE.
The purpose of this chapter is to regulate the use of and to provide uniform rules
of conduct for city parks and recreational areas in the city.
(1987 Code, § 902.01)
902.02 GENERAL REGULATIONS AND RULES OF CONDUCT.
No person in a city park or recreation area shall
Subd. 1. Closing hours. Enter or remain in any park between the hours of 10:30
p.m. and 6:00 a.m. unless the person is participating in an organized activity authorized
by the city;
Subd. 2. Overnight use. Set up any tent, shack or other temporary shelter in any
park, nor shall any person leave any property, including, but not limited to, vehicles,
campers and trailers in any park between the hours of 10:30 p.m. and 6:00 a.m. without
the written permission of the City Administrator /Clerk;
Subd. 3. Tampering with city property. Deface, destroy, tamper with, injure or
remove any city property, including, but not limited to furniture, structures, vegetation,
signs or soils;
Subd. 4. Littering. Scatter or litter the grounds or any lake, pond or watercourse
within or draining into a park with any form of trash, but shall place the material in the
proper receptacles where these are provided. Where receptacles are not provided, all
the trash shall be carried away from the area by the person responsible for its
presence;
Subd. 5. Fires. Start a fire, except a small fire for cooking purposes in a designated
area and then only in a fire ring, grill or portable stove or fail to fully extinguish a fire;
Subd. 6. Sales. Sell or conduct any commercial enterprise unless authorized by
written permit from the City Council;
Subd. 7. Handbills and advertisements. Paste, affix or inscribe any handbill, poster
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or sign or distribute handbills, circulars or announcements of any kind for a commercial
purpose, unless authorized by written permit from the City Council;
Subd. 8. Gamble;
Subd. 9. Liquor. Use or bring alcoholic beverages, including beer;
Subd. 10. Drugs. Use or bring illegal drugs;
Subd. 11. Glass containers. Bring any glass containers;
Subd. 12. Use of restrooms. If over five years of age, use any restroom or
washroom designated for use by the opposite sex;
Subd. 13. Weapons and fireworks. Without a state permit, bring any firearms, air
rifle, BB gun, sling shot, explosives, fireworks or devices capable of discharging blank
ammunition into any park;
Subd. 14. Use of toys and equipment. Ride, propel or use any equipment or toy in
any public park in a manner as to interfere with or endanger any pedestrian;
Subd. 15. Improper conduct. Appear nude, commit any nuisance or use threatening,
abusive, insulting, obscene or indecent language or act in an indecent, lascivious or
improper manner or do any act which constitutes a breach of the public peace;
Subd. 16. Harassment. Harass any visitor or behave in a reckless manner which
would endanger any visitor's property;
Subd. 17. Disobey city officials. Disobey any reasonable order or direction of any
city employee, law enforcement officer or other person designated by the City Council
or Park Commission to give the orders or directions.
(1987 Code, § 902.02) (Ord. 140, passed 2 -14 -1983; Ord. 266, passed 1 -25 -1993)
902.03 ANIMALS IN PARK AND RECREATION AREAS
No person in a city park or recreation area shall:
Subd. 1. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed
any wildlife;
Subd. 2. Bring any dog, cat or other animal unless caged or kept on a leash not
more than six feet in length;
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Subd. 3. Permit any animal to disturb, harass or interfere with or endanger any
visitor or visitor's property or tether any creature to a tree, plant, building or park
equipment;
Subd. 4. Permit any animal to enter unauthorized areas. Unauthorized areas are
active play areas, picnic areas and park buildings;
Subd. 5. Release any insect, fish, animal or other wildlife or introduce any plant,
chemical or other agent potentially harmful to the vegetation, water supply or wildlife of
the area;
Subd. 6. Ride a horse, except with prior approval from the city;
Subd. 7. Permit any domestic animal to defecate in or upon public property. The
owner or person having the custody or control of the animal shall be responsible for
immediately cleaning up any feces of the animal and disposing of the feces in a
sanitary manner.
(1987 Code, § 902.03) (Ord. 140, passed 2 -14 -1983; Ord. 334, passed 4 -27 -1998)
902.04 VEHICLE RESTRICTIONS.
Except police officers or duly authorized and uniformed snow patrol personnel in
performance of their duties, no person in a city park or recreation area shall:
Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on
any turf or other area not designated for parking or travel;
Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle
anywhere in a park or recreation area;
Subd. 3. Operate a motorized vehicle except on marked trails during times
designated by the City Council and /or Park Commission;
Subd. 4. Operate any watercraft within designated swimming areas;
Subd. 5. Operate a motorized vehicle in excess of 15 miles per hour;
Subd. 6. This section does not prohibit the operation of any manual or motorized
wheelchair as defined by M.S. § 169.01, subd. 24A.
(1987 Code, § 902.04) (Ord. 246, passed 10 -28 -1991; Ord. 294, passed 9 -12 -1994;
Ord. 364, passed 6 -26 -2000)
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902.05 ADDITIONAL RULES FOR USE OF PARK AND RECREATION FACILITIES.
The following are additional rules pertaining to the use of public tennis courts,
use of waters located in city parks and use of public skating rinks.
Subd. 1. Public tennis courts. No person shall:
a. Be allowed on any tennis courts while wearing street shoes;
b. Be allowed to make use of the tennis courts except for playing
tennis;
C. Use a tennis court for longer than 60 minutes when other tennis
players are waiting to use the tennis court.
Subd. 2. Swimming in park waters.
a. No person shall swim except at designated areas;
b. No person shall swim beyond buoys marking the limits of the
swimming area;
C. No child under ten years of age shall be allowed at a designated
swimming area without competent supervision;
d. Any person swimming at a public beach when a lifeguard is off duty
swims at his or her own risk.
Subd. 3. Public skating rinks.
a. Skating areas shall be posted for "hockey" or "free skating ;"
b. No hockey sticks or pucks shall be allowed in the "free skating"
area.
(1987 Code, § 902.05) (Ord. 140, passed 2 -14 -1983; Am. Ord. 164, passed
3 -11 -1985) Penalty, see § 104.01
902.06 USE OF RECREATIONAL FACILITIES BY ATHLETIC ASSOCIATIONS.
Subd. 1. Purpose. The purpose of this section is to provide for an orderly method
of the use of public recreational facilities in the city and to insure that the use by
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participants is with the required safety equipment and permitting the city to recover a
portion of the cost of maintenance of the facilities.
Subd. 2. Authority to contract for use. The city is authorized to enter a contract
providing for the exclusive use of its recreational facilities for set periods of time with
athletic associations and other nonprofit groups; provided, that the use does not
entirely exclude the general public from making use of the facilities.
Subd. 3. Fees. The City Council is authorized to determine an appropriate fee to
be charged for exclusive use, which fees shall be used solely for development and
maintenance of the parks and recreational facilities of the city. All sports organizations
that make exclusive use of recreational facilities in Shorewood shall pay a fee as
specified in Chapter 1301 of this code to compensate for their exclusive use of these
recreational facilities.
Subd. 4. Insurance required. As a condition for exclusive use, the athletic
association or other group shall be required to provide the city with copies of insurance
policies covering medical and accident insurance for participants.
Subd. 5. Conditions of contract.
a. Safety equipment. It shall be the responsibility of the sponsoring
athletic organizations to require participants under the age of 19 to wear proper
protective equipment.
b. Additional conditions. The contract shall contain the other
provisions as the City Council deems necessary for the protection of the participants
and the public interest.
Subd. 6. Prohibited acts and conditions.
a. It shall be unlawful for any person, group or athletic association to
use park facilities in the city for athletic events scheduled by the association without the
association having previously entered into a contract with the city for use of the park
facility.
b. The general public shall not be allowed to use or occupy any
athletic field, rink or area during those times the field, rink or area is scheduled for
authorized use by the athletic associations. Any person who shall violate this
subsection shall be deemed guilty of a misdemeanor.
Subd. 7. Violation. Unless otherwise provided for herein, any person who shall
violate any of the provisions of this section shall be guilty of a petty misdemeanor.
(1987 Code, § 902.06) (Ord. 12, passed 10 -6 -1980; Ord. 123, passed 10 -6 -1980; Ord
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140, passed 2 -14 -1983; Ord. 310, passed 2 -12 -1996; Am. Ord. 365, passed
8 -14 -2000) Penalty, see § 104.01
902.07 DISCRIMINATION IN PARKS.
No person involved in any event or in any use of the parks or recreation areas,
including, but not limited to, sponsors of teams, shall deny another person access to,
admission to, utilization of or benefit from any event or use because of race, age, sex,
color, creed, religion or national origin.
(1987 Code, § 902.07)
902.08 INSPECTIONS FOR AQUATIC INVASIVE SPECIES.
Subd. 1. Purpose and intent. The city finds that the uncontrolled spread of aquatic
invasive species ( "AIS ") poses an imminent and irrevocable threat to the water
resources, property values, enjoyment and habitability of the community. Pursuant to
M.S. Chapter 84D, the city has adopted mandatory inspection of AIS as a reasonable
measure to contain the spread of AIS within the community.
Subd. 2. Compliance mandatory inspection. The city does hereby require
inspection of water - related equipment for prohibited aquatic invasive species, as
defined in Minn. Rules Part 6216.0250, prior to entering public waters of the state
within the corporate limits of the city. A person who fails to comply with the mandatory
inspection of water - related equipment, as provided by this section adopted in
compliance with M.S. § 84D.105, and introduces water - related equipment at the point
of public access to public waters shall be guilty of a misdemeanor subject to the penal
provisions set forth in M.S. § 609.02.
(Ord. 495, passed 6 -11 -2013)
902.09 APPLICATION OF PROVISIONS TO CITY EMPLOYEES.
Nothing in this chapter shall prevent city employees, including law enforcement
officers, from performing their assigned duties.
(1987 Code, § 902.08)
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902.10 ADMINISTRATIVE RULES AND REGULATIONS.
The City Council shall have the right to issue additional administrative rules and
regulations relative to, but not conflicting with, this chapter. No person shall violate the
rules or regulations, and any violation may be subject to the penalties of this chapter.
(1987 Code, § 902.09)
902.11 VIOLATION.
Any person who shall violate any provisions of this chapter shall be deemed
guilty of a misdemeanor, unless otherwise specified.
(1987 Code, § 902.10) (Ord. 140, passed 2 -14 -1983) Penalty, see § 104.01
Section
903.01
903.02
903.03
903.04
903.05
903.06
903.07
903.08
903.09
903.10
903.11
903.12
903.13
903.14
903.15
CHAPTER 903
WATER USE AND SERVICE
Purpose and intent
Compliance with provisions
Private wells
Water service connections
Water turn -on and shut -off fees
Installation and construction requirements and specifications
Service pipes
Meters
Water rates and charges
Water connections served by adjacent municipalities
Authorized water shut offs
Conservation measures
Restricted and prohibited acts
Discontinuance of service
Mandatory hook up, commercial and multiple - family residential users and
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903.01 PURPOSE AND INTENT.
The city municipal water system (hereinafter called the water system) shall be
operated as a public utility and convenience from which revenue will be derived,
subject to the provisions of this chapter.
(Ord. 395, passed 7 -28 -2003)
903.02 COMPLIANCE WITH PROVISIONS.
No person shall make, construct or install any water service installation, or make
use of any water service connected to the water system except in the manner provided
in this chapter, nor shall any person make, construct, install or make use of any
installation connected to the water system contrary to the regulatory provisions of this
chapter.
(Ord. 395, passed 7 -28 -2003)
903.03 PRIVATE WELLS.
Pursuant to the current State Well Code and the Minnesota Plumbing Code,
private wells may be constructed or maintained and continued in use whether or not
connection is made to the water system. In no event shall there be a means of
cross - connection between the private well and the municipal water system at any time.
Hose bibbs that will enable the cross - connection of the two systems are prohibited on
internal piping of the well supply system. The threads of the boiler drain of the well
volume tank shall be removed or the boiler drain hose bibb replaced with a sink faucet.
(Ord. 395, passed 7 -28 -2003)
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certain residential developments
903.16
Right of entry powers
903.17
Disclaimer of liability
903.18
Water improvement process
903.19
Amendment - notice
903.20
Violation
903.01 PURPOSE AND INTENT.
The city municipal water system (hereinafter called the water system) shall be
operated as a public utility and convenience from which revenue will be derived,
subject to the provisions of this chapter.
(Ord. 395, passed 7 -28 -2003)
903.02 COMPLIANCE WITH PROVISIONS.
No person shall make, construct or install any water service installation, or make
use of any water service connected to the water system except in the manner provided
in this chapter, nor shall any person make, construct, install or make use of any
installation connected to the water system contrary to the regulatory provisions of this
chapter.
(Ord. 395, passed 7 -28 -2003)
903.03 PRIVATE WELLS.
Pursuant to the current State Well Code and the Minnesota Plumbing Code,
private wells may be constructed or maintained and continued in use whether or not
connection is made to the water system. In no event shall there be a means of
cross - connection between the private well and the municipal water system at any time.
Hose bibbs that will enable the cross - connection of the two systems are prohibited on
internal piping of the well supply system. The threads of the boiler drain of the well
volume tank shall be removed or the boiler drain hose bibb replaced with a sink faucet.
(Ord. 395, passed 7 -28 -2003)
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903.04 WATER SERVICE CONNECTIONS.
Subd. 1. Existing service stubs. Service stubs have been installed to serve some
homes and businesses presently located in the city. For those homes and businesses,
the connections are ready for use by the existing structures in the city.
a. Permit to connect, fee. A permit must be obtained to connect to
the water system. The fee for each permit shall be as set by Council ordinance. The
fee shall include inspection and turn -on services performed by the city.
b. Conditions of permit. The permit fee shall be paid at the time of
making application for water service. In addition thereto, before any permit shall be
issued, the following conditions shall be complied with:
(1) No permit shall be issued to tap or connect with any water
main or water system of the city either directly or indirectly from any lot or tract of land
unless it shall be determined that:
(a) The lot or tract of land to be served by the connection
or tap has been assessed for the cost of construction of the water main and water plan
system with which the connection is made; or
(b) The proceedings for levying the assessments have
been or will be commenced in due course; or
(c) A connection charge has been paid.
(2) A water meter, meter horn, and remote reader shall be
purchased from the city at the time permit is applied for.
(3) If the lot is served by the Southeast Area or Boulder Bridge
water systems and is below an elevation of 975 feet, a pressure reducing valve (PRV)
shall be purchased from the city at the time the permit is applied for if a new connection
or upon notice by the city if an existing connection.
(4) Inspections: All property service lines shall be inspected by
the City Water Inspector before the lines are covered to insure proper construction of
the line and connection to the service stub. The owner or contractor shall give at least
24 hours advance notice to the City Water Inspector when the service pipe is ready for
inspection.
(5) Turn on and shut offs: Only an authorized city employee
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shall turn on or shut off any water supply at the curb stop.
Subd. 2. New service stubs, application for water service connection. In the event
additional connections or stubs to existing water trunk or lateral facilities are required
or desired, applications shall be made at the City Hall on forms furnished by the city.
a. Applications. All applications for service stubs shall be made by
the owner of the property to be served, or his duly authorized agent, and shall state the
size and location of the service connection required, and the applicant shall, at the time
of making application, pay to the city the amount of fees required for the installation of
the service connection as hereinafter provided. The application shall also contain the
name of the owner, a description of the property, lot, block and addition, name of road
upon which the property fronts and the signature of the applicant, or his agent,
agreeing to conform to the rules and regulations that may be established by the city as
conditions for the use of water.
b. Performance bond. For the purpose of assuring and guaranteeing
to the city that the installation of the service connection shall fully comply with all of the
other terms and provisions of this chapter, the applicant agrees to furnish to the city
either a cash deposit or a corporate surety bond in the sum of $4,000 approved by the
city and naming the city as obligee thereunder.
C. Inspections. All property service stubs shall be inspected by the
City Water Inspector before the stubs are covered to insure proper construction of the
stubs and connection to the water main.
d. Additional requirements. All requirements set forth in subdivision 1
of this section shall be applicable to this subdivision.
Subd. 3. Connection charge. A connection charge shall be paid by the owners of
the lot or tract of land to be served by the municipal water system. The amount of the
connection charge shall be as set forth in Chapter 1301 of this code and as follows:
a. Connection charges for various land uses shall be made in
accordance with the following formula:
Land Use
Formula
Single- family residential
C
Multiple - family residential*
C x S+ 0.25C x U
Commercial
C x REU
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Schools, churches, government and 11.5C
other non - residential
Where:
C = Connection charge as set forth in Chapter 1301 of this code
U = Number of dwelling units
S = Number of structures
REU= Number of residential equivalent units (there shall be one REU per
20,000 square feet of land area)
"Multiple-family structures include those buildings designed with two or more
dwelling units. For the
purposes of this chapter, the formula shall be based on no more than 12 dwelling units
per structure.
b. For properties previously assessed for municipal water service the
connection charge shall be the amount specified in Chapter 1301 of this code, less the
amount previously assessed.
C. In addition to the above, developers of new projects or subdivisions
will be required to install trunk and lateral mains, services and appurtenant items at the
time of development or platting. Pipe sizes shall be as set forth in the city's municipal
water plan, as may be amended.
d. For properties not presently served by municipal water service,
developers or property owners who wish to extend water service to their property line,
shall pay for the cost of the improvement or the water connection charge, whichever is
greater.
e. A property owner may petition and the Council, at its discretion,
allow the connection charge to be assessed against the property, provided that the
assessment will not adversely affect the City's Water Fund.
(Ord. 395, passed 7 -28 -2003)
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903.05 WATER TURN -ON AND SHUT -OFF FEES.
A fee as established by ordinance of the City Council shall be charged for
turning on or shutting off water except in instances where a connection permit has
been obtained by the property owner.
(Ord. 395, passed 7 -28 -2003)
903.06 INSTALLATION AND CONSTRUCTION REQUIREMENTS AND
SPECIFICATIONS.
Subd. 1. Supervision. All work performed within the limits of the city shall comply
with all requirements of the Minnesota Plumbing Code as amended and the Shorewood
Standard Specifications and Details Manual and shall be under the direct supervision of
the City Water Inspector and Public Works Director.
Subd. 2. Authority to do work. Only persons authorized by this chapter shall tap
any distributing main or pipe of the water system, or insert stopcocks or ferrule therein.
Subd. 3. Excavations. If the installation is to be in a surfaced street, the location of
the water main shall be ascertained from the City Engineer and, upon completion, the
installation shall be inspected by the Public Works Department. Prior to construction
within the street, notice shall be given to the City Water Inspector, School District,
United States Post Office, Police and Fire Departments, and City Public Works
Director. The notice must be given at least three days prior to the excavation for laying
of the service pipe, and the connection must be made before 3:00 p.m. After approval
by the Public Works Department, the street shall be restored to its previously existing
condition as directed and approved by the Public Works Department. The expense of
the construction and restoration shall be borne by the applicant.
Subd. 4. Separate connections and meters. No more than one housing unit or
building shall be supplied from one service connection except by special permission of
the City Council. Whenever two or more parties are supplied from one pipe,
connecting with the distribution main, each building or part of the building must have a
separate stop box and a separate meter.
Subd. 5. Property service lines. All installations of property service lines shall
comply with the following:
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a. Property service pipe must be laid with sufficient waving to allow
not less than one foot extra length and in the manner as to prevent rupture by
settlement.
b. Property service lines must be placed not less than seven and
one -half feet below surface or finished grade, whichever is lower, and arranged so as
to prevent rupture by freezing.
C. A shut off or other curb stop shall be installed at the property line
and placed so as to be protected from freezing.
d. All underground joints are to be mechanical (compression or flared,
not sweated) unless otherwise approved by the City Inspector.
e. Joints shall be kept to a minimum with not more than one joint used
for service up to 70 feet in length.
f. All piping joints and connections shall be left uncovered until
inspected and tested at normal water line pressure.
g. Connections at mains for domestic supply shall be at least one
TiL]•1
h. No water pipe shall be connected with any pump, well, tank or
piping that is connected with any other water supply other than the municipal water
system.
i. Not more than one building shall be supplied from one service
connection unless by special permission from the City Council.
j. When two or more buildings are supplied from one pipe, each
building must have a separate stop box and separate meter.
k. Prior to connection with the municipal water system, all means of
cross - connection to a retained private water supply shall be eliminated.
(Ord. 395, passed 7 -28 -2003)
903.07 SERVICE PIPES.
Subd. 1. Maintenance and repair. It shall be the responsibility of the property
owner to maintain the service pipe from the curb box into the structure. In the case of
failure upon the part of the property owner to repair any leak occurring in his pipe within
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24 hours after verbal or written notice thereof, the water will be shut off and will not be
turned on until the service charge, as established by ordinance of the Council, has
been paid and the leak repaired. When the waste of water is great, or when damage is
likely to result from the leak, water may be turned off immediately pending repairs.
Subd. 2. Abandoned service installations. All service installations that have not
been used for one year, or for any reason have become useless for further service,
shall be shut off at the curb stop. Any expense of the city shall be charged to the
property and, if not paid within 30 days, shall be treated as a delinquent account
pursuant to this chapter.
(Ord. 395, passed 7 -28 -2003)
903.08 METERS.
Subd. 1. Meter use required. Except for extinguishing of fire, no person except
authorized city employees shall use water from the water supply system or permit water
to be drawn therefrom unless the same be metered by passing through a meter
supplied by the city.
Subd. 2. Installation of meters. All water meters shall be installed by a licensed
plumber in accordance with the following rules:
a. The service pipe from the water main to the meter shall be brought
through the floor in a vertical position. The stop and waste valve shall be installed
approximately 12 inches above the floor.
b. The meter shall be located so that the bottom is from twelve to 24
inches above the finished floor line. The meter shall be set not more than 12 inches,
measured horizontally from the inside line of the basement wall, unless an alternate
method is approved by the City Water Inspector.
C. All meter installations shall have a stop and waste valve on the
street side of the meter. In no case shall there be more than 12 inches of pipe exposed
between the point of entrance through the basement floor and the stop and waste
valve. A stop and waste valve shall also be installed on the house side of the meter.
Meter setting devices shall be of copper pipe or tubing from the terminus of the service
pipe up to and including the house side stop and waste valve.
d. A remote reader shall be installed on the outside of the building in
which the meter is contained at a height of three feet to five feet above grade.
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Subd. 3. Maintenance, repair and replacement
a. Replacement of meter. All water meters shall be and remain the
property of the city and may be removed or replaced or changed as to size and type by
the city whenever deemed necessary.
b. Maintenance and repair. The city shall maintain and repair all
meters when rendered unserviceable through ordinary wear and tear and shall replace
them if necessary. However, where any replacement or repair or adjustment of any
meter is necessary because of damage from hot water backup, damage from freezing
water, or damage from any act, carelessness or negligence of the owner or occupants
of any premises, any expense incurred by the city to repair the damage shall be
charged against and collected from the property owner, and water service may be
discontinued until the cause is corrected and the amount charged collected.
Subd. 4. Meter tests. When a consumer makes a complaint that the bill for any
past services has been excessive, the city shall, upon written request, have the meter
re -read. If the user remains dissatisfied and desires that the meter be tested, the user
shall then make a deposit in an amount established by ordinance of the City Council,
and the city shall test the meter. The user shall, if he or she so desires, be present
when the test is made. In case a test should show an error of over 5% of the water
consumed in favor of the city, the deposit will be refunded to the user and a correctly
registering meter will be installed and the date of written request and the minimum
charge shall not be affected. In case the test shows an accurate measurement of water
or an error in favor of the user, the amount deposited shall be retained by the city to
cover the expenses of making the test.
Subd. 5. Unauthorized tampering with meter. All water meters shall be inspected
and sealed by the City Water Inspector. No person not authorized by the city shall
connect, disconnect, take apart, remove the seal, or in any manner change or cause to
be changed or interfere with any meter or the action thereof.
(Ord. 395, passed 7 -28 -2003; Am. Ord. 464, passed 2 -22 -2010)
903.09 WATER RATES AND CHARGES.
Subd. 1. Rates and charges established.
a. Water service rates -quarterly rates. The water rate due and
payable to the city by each water user for water taken from the municipal water system
shall be at a quarterly rate established by a ordinance of the City Council. Where
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service is for less than a quarterly period, the quarterly charge will be prorated on a
monthly basis.
b. Meter charges. A charge for a water meter shall be made by the
city. Property owners or users shall pay in advance before delivery of the water meter
for installation. The charge shall be as established by the City Council by ordinance.
C. Water turn on. The established turn -on fee will be charged for
turning on water where service has been shut off for nonpayment of water billings,
failure to repair a leak, discontinuance of service, or other reason specified in this
chapter.
d. Estimated and adjusted rates.
(1) In the event the water meter servicing any property is found
to be operating in a faulty manner or to have become inoperative, the amount of water
will be estimated in accordance with the amount previously used in comparable periods
of the year.
(2) The City Council shall be authorized to make adjustments in
water charges when the amount billed is erroneous due to a meter deficiency or other
mistake.
e. Rates outside city limits. Rates due and payable by each water
user located beyond the territorial boundaries of the city shall be determined by special
contract.
Subd. 2. Listing of accounts. All accounts shall be kept on the books of the city in
the name of the owner of the property served. All bills and notices sent out by the city
shall be sent to the address of the property served. If nonresident owners or agents
desire personal notice sent to a different address, they shall file an application
therefore with the city. Any error in address shall be promptly reported to the city.
Subd. 3. Bills for services, delinquencies, discontinuance, tax assessments.
a. Billing. Statements for charges for water service for a quarterly
period shall be mailed to each property owner or user on or before the tenth day of the
first month following the end of the quarter and shall be due and payable on or before
the last day of the months of January, April, July and October following the quarterly
period covered by the statement.
b. Delinquencies. After the last day of the month in which payment is
due, a penalty of 10% of the unpaid account balance will be assessed and added to the
amount due on the account. If the balance due on the account is not paid in full within
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45 days of the day on which the account became due, a notice shall be sent to the
property owner or user informing the property owner or user that the account is
delinquent and that unless the account balance is paid in full within 15 days, the water
may be shut off and the prescribed shut -off fee will be assessed.
C. Discontinuance of service. If the property owner or user does not
respond to the notice given above, prior to the date indicated in the notice, and the
statement remains unpaid, the water may be shut off at the curb stop. Prior to the
water being turned back on again, the property owner or user shall be required to pay
all delinquent charges, plus penalties and shut -off fees, and the prescribed turn -on fee.
d. Appeals to discontinuance of service. The property owner or user
may appeal the notice to the City Council during the 15 day period set forth in Subd.
3(b). Water service shall continue to the appealing property owner or user pending the
decision of the Council on the appeal. Upon the determination of the Council, the
water may be shut off pursuant to Subd. 3(c) as set forth above.
e. Tax assessments. All delinquent accounts may be certified by the
Clerk who shall prepare an assessment roll each year providing for assessment of the
delinquent accounts against the respective property served. This assessment roll shall
be delivered to the City Council for adoption prior to November 30 of each year and
upon approval thereof, the Clerk shall certify to the County Auditor the amount due,
plus a certification fee as established by ordinance of the City Council, and the County
Auditor shall thereupon enter the amount as part of the tax levy on the premises to be
collected during the ensuing year. The action may be optional or subsequent to taking
legal action to collect delinquent accounts.
(Ord. 395, passed 7 -28 -2003; Am. Ord. 456, passed 2 -9 -2009; Am. Ord. 464, passed
2 -22 -2010)
903.10 WATER CONNECTIONS SERVED BY ADJACENT MUNICIPALITIES.
The City Council has heretofore and will in the future enter into contracts with
adjacent municipalities to provide water service to properties located within the city. All
permits to be issued under this chapter shall comply with the terms of the agreements.
In instances where the cost of the water hook -up from the supplying city is included in
full or in part as a quarterly charge, then shall be added to the billing for the minimum
quarterly water charge to be paid by the recipient.
(Ord. 395, passed 7 -28 -2003)
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903.11 AUTHORIZED WATER SHUT OFFS.
In case of fire or alarm of fire, water may be shut off to insure a supply for the fire
fighting; or in making repairs or construction of new works, water may be shut off at any
time and kept shut off as long as necessary.
(Ord. 395, passed 7 -28 -2003)
903.12 CONSERVATION MEASURES.
Subd. 1. Whenever the City Council shall determine that a shortage of water
supply threatens the city, it may, by resolution, limit the time and hours during which
water may be used from the water system for lawn and garden sprinkling, irrigation, car
washing and other uses specified therein. Appropriate notice of the limitation shall be
given prior to the enforcement thereof.
Subd. 2. To conserve water resources, prevent the wasteful and harmful effects of
sprinkling during mid -day hours, and allow the city's water system adequate opportunity
to replenish the water supply in the city's water storage tanks, certain limitations must
be placed on the use of the city's water supply. During the period of May 1 through
September 30 of any year, a person may only sprinkle or irrigate lawns, sod, seeded
areas, gardens, shrubs, or other vegetation with city water in the city before 11:00 a.m.
and after 4:30 p.m. Watering activities such as play toys, car washing and hand
watering of flower beds are exempt, as long as the activity is continuously human
attended.
(Ord. 395, passed 7 -28 -2003; Am. Ord. 451, passed 7 -14 -2008)
903.13 RESTRICTED AND PROHIBITED ACTS.
Subd. 1. Unauthorized turn on or shut off. No person, except an authorized city
employee or agent, shall turn on or off any water supply at the curb stop. A turn -on or
shut -off fee in an amount equivalent to twice the prescribed fee shall be charged for the
unauthorized turn on or shut off of any connection to the municipal water system.
Subd. 2. Unauthorized use of hydrants, interference with system. No person, other
than employees or agents of the city, shall operate fire hydrants or interfere in any way
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with the water system.
Subd. 3. Supplying water to others. No person shall permit water from the water
system to be used for any purpose except upon his own premises unless written
consent is first obtained from the city.
(Ord. 395, passed 7 -28 -2003)
903.14 DISCONTINUANCE OF SERVICE.
Water service may be shut off at any curb stop connection whenever
Subd. 1. The owner or occupant of the premises served, or any person working on
any pipes or equipment thereon which are connected with the water system, has
violated, threatens to violate or causes to be violated, any of the provisions of this
chapter.
Subd. 2. Any charge for water, service, meter or other financial obligation imposed
on the present or former owner or occupant of the premises served is unpaid.
Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises
served in connection with an application for service.
(Ord. 395, passed 7 -28 -2003)
903.15 MANDATORY HOOK UP, COMMERCIAL AND MULTIPLE - FAMILY
RESIDENTIAL USERS AND CERTAIN RESIDENTIAL DEVELOPMENTS.
The owner of a property used for commercial purposes or for multiple - family
residential purposes, involving four or more dwelling units, situated within the city and
abutting on any street, alley or right- of -way in which there is located a municipal water
trunk or lateral facility, is hereby required at its expense to connect to the facility in
accordance with the provisions of this chapter within 90 days after the date of official
written notice by the City Council to so connect. Single- family residential developments
of more than three lots shall be required to connect to the municipal water system, at
the developer's expense, based upon a determination by the City Engineer that the
connection is feasible. The connection is considered feasible if the cost of providing
water to the property line of the lots within the development does not exceed the
connection charges, set forth in § 903.04, subd. 3. of this code, times the number of
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lots in the development.
(Ord. 395, passed 7 -28 -2003)
903.16 RIGHT OF ENTRY POWERS.
Authorized city employees shall have free access at reasonable hours of the day
to all parts of every building and premises connected to the water system necessary for
reading of meters and inspection. City employees shall be properly identified and shall
display the identification upon seeking admittance to the building.
(Ord. 395, passed 7 -28 -2003)
903.17 DISCLAIMER OF LIABILITY.
The city shall not be liable for any deficiency or failure in the supply of water to
property owners or users, whether occasioned by shutting the water off for the purpose
of making repairs or connections, or from any other cause whatever.
(Ord. 395, passed 7 -28 -2003)
903.18 WATER IMPROVEMENT PROCESS.
Subd. 1. Scope and purpose. The purpose of this subsection is to supplement the
requirements of State law, to provide for the methods to initiate a water improvement,
and to authorize the formulation of policies relating to allocating the costs for the public
improvements.
Subd. 2. Special assessment procedure.
a. Initiating the improvement. Improvement proceedings may be
initiated in any one of the following four ways:
(1) One hundred percent petition. By a petition signed by 100%
of the owners of real property abutting any street named as the location of the
improvement. Upon receipt of a petition of 100% of the abutting property owners, the
City Council must determine that it has been signed by 100% of the owners of the
affected property. After making this determination, a feasibility report shall be
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undertaken and the project may be ordered without a public hearing, pursuant to the
procedures set forth in M.S. § 429; or
(2) Thirty -five percent petition. By a petition signed by the
owners of not less than 35% of the frontage of the real property abutting on the streets
named as the location of the improvement, when the property owners are willing to pay
the entire cost of the improvement. Upon receipt of a petition of 35% of the owners of
abutting frontage, the City Council must determine that it has been signed by 35% of
the owners. After making this determination, a feasibility report shall be undertaken
and a public hearing shall be scheduled to consider the project, pursuant to the
procedures set forth in M.S. § 429; or
(3) Sixty -seven percent petition. By a petition signed by the
owners of not less than 67% of the lots or parcels abutting on the streets named as the
location of the improvement. Upon receipt of a petition of 67% of the owners, the City
Council must determine that it has been signed by 67% of the owners. After making
this determination, a feasibility report shall be undertaken and a public hearing shall be
scheduled to consider the project. If an improvement is ordered, benefitting properties
shall be assessed pursuant to the procedures set forth in M.S. § 429; or
(4) By the initiative of the City Council. If the City Council
determines to order an improvement, a feasibility report, as set forth in c. below, shall
be undertaken and a public hearing shall be scheduled to consider the project. A
simple majority vote of the City Council is needed to start the proceedings. If an
improvement is ordered, benefitting properties shall be assessed pursuant to the
procedures set forth in M.S. § 429.
b. Petitions. Not later than the time a petition is considered for
acceptance by the City Council pursuant to a.(1) through a.(3) of this section, the
petitioners shall have executed and delivered to the city an agreement whereby the
petitioners agree to pay the cost of the improvement as defined in the agreement and
agree not to contest or challenge either the assessment process or the amount to be
assessed. The petition shall include an agreement that the cost of preparing the
feasibility report shall be paid by the petitioners in the event the improvement is
determined not to be feasible. Failure to pay for the feasibility report shall result in the
costs being assessed against the properties of the petitioners.
C. Preparing the feasibility study. An improvement project which is
initiated by action of the City Council or by a 35% or 67% petition, as set forth in a.(2)
and a.(3) of this section, may be ordered only after a public hearing. Prior to adopting
a resolution calling a public hearing on an improvement, the Council must secure from
the City Engineer a report advising it in a preliminary way as to:
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(1) Whether the proposed improvement is feasible;
(2) Whether the proposed improvement is consistent with
Capital Improvement Planning;
(3) Whether the improvement should be made as proposed or
in connection with some other improvement;
(4) The estimated cost of the improvement;
(5) A proposed project schedule; and
(6) Any other information thought pertinent and necessary for
complete Council consideration.
d. Holding a public hearing on the improvement.
(1) Improvement projects which are initiated by a 100% petition
may be ordered by the City Council without a public hearing if the City Council
determines the project may be undertaken without unreasonable changes to the Capital
Improvements Program or the petitioning property owners agree to pay 100% of the
cost of the improvements. In the case of a Council- initiated project or petition of less
than 100% of abutting property owners, the Council must adopt a resolution calling a
public hearing on the improvement project for which mailed and published notices of
the hearing must be given. The notice of public hearing must include the following
information:
(a) The time and place of hearing;
(b) The general nature of the improvements;
(c) The estimated cost; and
(d) The area proposed to be assessed.
(2) Not less than 10 days before the hearing the notice of
hearing must be mailed to the owner of each parcel in the area proposed to be
assessed. The notice of public hearing must be published in the city's legal newspaper
at least twice, each publication being at least one week apart, with the last publication
at least three days prior to the hearing.
(3) At the public hearing, the contents of the feasibility study will
be presented and discussed with the intent of giving all interested parties an
opportunity to be heard and their views expressed.
(4) Following a public hearing a resolution ordering the
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improvement may be adopted at any time within six months after the date of the hearing
by a four - fifths vote of the City Council, unless the project was initiated by a 35%
petition or a 67% petition in which event it may be adopted by a majority vote. At this
time a special assessment is considered to be "pending" for all assessable properties
in the improvement area.
Subd. 3. Deferred assessments.
a. The City Council may defer special assessments. On homestead
property owned by a person who qualifies under the hardship criteria set forth below.
b. Procedure. The property owner shall make application for deferred
payment of special assessments. The application shall be made within 30 days after
the adoption of the assessment roll by the City Council and shall be renewed each year
upon the filing of a similar application no later than September 30. The City
Administrator /Clerk shall establish a case number for each application; review the
application for complete information and details and make a recommendation to the
City Council to either approve or disapprove the application for deferment. The City
Council by majority vote, shall either grant or deny the deferment and if the deferment
is granted, the City Council may require the payment of interest due each year.
Renewal applications will be approved by the City Administrator /Clerk for those cases
whereby the original conditions for qualifications remain substantially unchanged.
(1) If the City Council grants the deferment, the City
Administrator /Clerk shall notify the County Auditor who shall in accordance with M.S. §
435.194, record a notice of the deferment with the County Recorder setting forth the
amount of assessment.
(2) Interest shall be charged on any assessment deferred
pursuant to this section at a rate equal to the rate charged on other assessments for
the particular public improvement projects the assessment is financing. If the City
Council grants an assessment deferral to an applicant, the interest may also be
deferred, or the interest may be due and payable on a yearly basis up until the
assessment period terminates and only the principal is deferred. The decision as to
whether the principal and interest or just the principal is deferred is decided by the City
Council when considering the application.
Subd. 4. Conditions of hardship.
a. Any applicant must be 65 years of age, or older, or retired by
reason of permanent or total disability and must own a legal or equitable interest in the
property applied for which must be the homestead of the applicant; or
b. The annual gross income of the applicant shall not be in excess of
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the criteria for determining low income as set by the Hennepin County CDBG Program
income limits for very low income and family size. Income specified in the application
should be the income of the year proceeding the year in which the application is made,
or the average income of the three years prior to the year in which the application is
made, whichever is less; and
C. Permanent and /or total disability shall be determined by using the
criteria established for "permanent and total disability" for Workman's Compensation
and the Social Security Administration.
Subd. 5. Policies. The City Council shall establish and may from time to time
modify policies pertaining for the fair, equitable and consistent allocation of the cost of
water improvements. The policies may relate to factors for determining economic
feasibility, fees and charges for connecting to the system and the additional matters as
the Council shall determine appropriate in its reasonable discretion.
(Ord. 395, passed 7 -28 -2003)
903.19 AMENDMENT - NOTICE.
This chapter may not be modified, amended, or repealed until a public hearing is
held thereon by the City Council. A notice of the time, place and purpose of the
hearing shall be published in the city's official newspaper and on its website at least 10
days prior to the day of the hearing. Failure of any person to actually receive the notice
shall not invalidate the proceedings provided a bona fide attempt to comply with these
provisions has been made.
(Ord. 395, passed 7 -28 -2003)
903.20 VIOLATION.
Any person violating any provision of this chapter shall be guilty of a
misdemeanor and punished according to § 104.01 of this code.
(Ord. 395, passed 7 -28 -2003)
CHAPTER 904
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SEWER CODE
Section
904.01 Reserved for future use
904.02 Administration and enforcement
904.03 Definitions
904.04 Use of public sewers required
904.05 Sewer service connections
904.06 Private sewage disposal systems
904.07 Sewer permits
904.08 Building sewers and connections
904.09 Prohibited discharges into the sanitary sewer system
904.10 Interceptors required
904.11 Prohibited substances
904.12 Materials under special review
904.13 Preliminary treatment
904.14 Measurements, tests and analyses
904.15 Sewer service rates and charges
904.16 Special agreements
904.17 Property damage
904.18 Sewerage system growth policy
904.19 Violation
904.01 RESERVED FOR FUTURE USE.
904.02 ADMINISTRATION AND ENFORCEMENT.
Subd. 1. Generally. The sanitary sewer systems as they are now constructed and
located in the city or shall be hereafter enlarged or extended shall be operated and
maintained under the provisions of this chapter. The Council shall have charge of the
management of the systems, subject to the delegation of its authority to other city
employees as the Council shall provide.
Subd. 2. Sewer Inspector. The Council shall, from time to time, appoint a person to
serve as Sewer Inspector to enforce all regulations pertaining to sanitary sewer
systems in the city and in accordance with this chapter.
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(1987 Code, § 904.02) (Ord. 64, passed 5 -8 -1972)
904.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five days at 20 °C, expressed in parts per million by weight.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer, beginning five feet
outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or
other place of disposal.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
GARBAGE. Solid wastes from the preparation, cooking and dispensing of food
and from the handling, storage and sale of produce.
INDUSTRIAL WASTES. The liquid wastes from industrial processes as distinct
from sanitary sewage.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
NORMAL SEWAGE. Water- carried waste products from residences, public
buildings, businesses, schools or any other building or structure, including the
excrementitious or other discharge from human beings or animals, together with the
ground water infiltration as may be present.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per
liter of solution.
PERSON. Any individual, firm, company, association, society, corporation or
group.
POLLUTION. The contamination of any waters so as to create a nuisance or
render the waters unclean or noxious or impure so as to be actually or potentially
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harmful or detrimental or injurious to public health, safety or welfare to domestic,
commercial, industrial or recreational use or to livestock, wild animals, birds, fish or
other aquatic life.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking
and dispensing of food that has been shredded to a degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one -half inch in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal
rights or which is controlled by public authority, or both.
RESERVE CAPACITY. That portion of the sanitary sewer collection system
which was designed and built in excess of the capacity required at the time of
construction intended to accommodate future growth and development.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
SEWAGE combination of the water - carried wastes from residences, business
buildings, institutions and industrial establishments, but not to include ground, surface
and storm waters.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures
used for treating sewage.
SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER. A pipe or conduit for carrying sewage.
SHALL, MAY. SHALL is mandatory; MAY is permissive.
STORM SEWER or STORM DRAIN. A sewer which carries storm and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS. Solids that either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable by laboratory
filtering.
WATERCOURSE. A channel in which a flow of water occurs either continuously
or intermittently.
(1987 Code, § 904.03) (Ord. 64, passed 5 -8 -1972; Am. Ord. 68, passed 2 -12 -1973;
Ord. 254, passed 4 -13 -1992)
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904.04 USE OF PUBLIC SEWERS REQUIRED.
Subd. 1. It shall be unlawful for any person to place, dispose or permit to be
disposed in any unsanitary manner upon public or private property within the city any
human excrement, sewage or industrial wastes, garbage or other polluted waters or
other objectionable wastes.
Subd. 2. It shall be unlawful to discharge to any natural outlet within the jurisdiction
of the city any sanitary sewage, industrial wastes, garbage or other polluted waters or
wastes.
Subd. 3. Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool or other facility intended or used
for the disposal of sewage.
(1987 Code, § 904.04) Penalty, see § 104.01
904.05 SEWER SERVICE CONNECTIONS.
Subd. 1. The owners of all homes, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within the city and
abutting on any street, alley, public sewer easement or right -of -way in which there is
now located a public sanitary sewer are hereby required, at their expense, to install
suitable toilet facilities therein and to connect the facilities directly with the proper
public sewer in accordance with the provisions of this chapter within 90 days after date
of written official notice given by the City Council to do so; but in all events connection
to the public sanitary sewer shall be mandatory and required for all houses, buildings
or properties used for human occupancy, employment, recreation or other purposes
and which abut upon the public sewer.
Subd. 2. Exception: city owned park shelter buildings may not be required to
connect to the sanitary sewer system. Portable toilet facilities may be used in city parks
provided they are screened from view of adjacent residential properties.
(1987 Code, § 904.05) (Ord. 293, passed 6 -13 -1994)
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904.06 PRIVATE SEWAGE DISPOSAL SYSTEMS.
Subd. 1. General. Where a public sanitary sewer is not available under the
provisions of § 904.05 of this chapter, the building sewer shall be connected to a
private sewage disposal system complying with the provisions of this chapter.
Subd. 2. Discharge into public sewer prohibited. No septic tank or cesspool shall
be permitted to discharge into any public sewer or natural outlet.
Subd. 3. Connection to public sewer, abandonment of systems.
a. The owners of all houses, buildings or properties which abut upon
or are served by a public sewer and where cesspools and septic tanks have been in
existence prior to the construction of the sanitary sewer shall connect with the public
sewer when public sewer becomes available to the property. Shoreland property shall
be further governed by Minn. Rules § 6120.3400. Any septic tanks and cesspools and
private sewage disposal facilities then existing shall be abandoned and filled with
suitable material.
b. At the time as a public sewer becomes available to a property
served by a private sewage disposal system, as provided in § 904.05 of this chapter, a
direct connection shall be made to the public sewer in compliance with this chapter.
Any septic tanks, cesspools and similar private sewage disposal facilities then existing
shall be abandoned and filled with suitable material.
Subd. 4. Disposal of contents of septic tanks and cesspools. Contents of septic
tanks and cesspools or other refuse shall not be pumped or emptied into the city's
public sanitary sewer system.
(1987 Code, § 904.06) (Ord. 64, passed 5 -8 -1972; Am. Ord. 450, passed 6 -23 -2008)
904.07 SEWER PERMITS.
Subd. 1. Classes.
a. There shall be two classes of building sewer and connection
permits:
(1) For residential service; and
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(2) For nonresidential service, including service to commercial
establishments, churches, schools and establishments producing industrial wastes.
(3) In either case, application shall be made on a special form
furnished by the city. The permit application shall be supplemented by any plans,
specifications or other information which the city may reasonably require. At the time of
applying for the permit, the applicant shall pay an inspection fee as prescribed by the
Council. Inspection fees for residential connections and for nonresidential connections
shall be in the amounts as the Council may from time to time establish by resolution.
b. Nonresidential permits, as described herein, shall be issued
without prior approval of the City Council and when required by the Metropolitan Water
Control Commission (MWCC) or its agents.
Subd. 2. Permit required. No unauthorized person shall uncover, make any
connections with or openings into, use, alter or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from the Sewer Inspector.
Subd. 3. Permit to be displayed. The city shall furnish a permit card with permit
number which shall be prominently displayed on property where a sewer connection is
being made. The card shall be displayed for the duration of the work.
(1987 Code, § 904.07) (Ord. 64, passed 5 -8 -1972; Ord. 120, passed 5 -12 -1980)
904.08 BUILDING SEWERS AND CONNECTIONS.
Subd. 1. Plumbing requirements.
a. Supervision. No plumbing shall be done except under direct
supervision of a master plumber when connecting with a public sewer.
b. Registration of master plumber.
(1) Registration required. Permits for building sewers shall be
taken out by a master plumber and before a permit is issued, the master plumber shall
first register with the City Administrator /Clerk of his or her intent to carry on the
occupation within the city and connect building sewers to the municipal sanitary sewer
system.
(2) Registration fee. The registration fee shall be as provided in
§ 1301.02 of this code.
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(3) Bond and insurance. Conditions of the registration shall be:
(a) Procure and post with the City Administrator /Clerk a
bond in the amount of $2,000 in favor of the city and the public, conditioned upon
faithful performance of contracts;
(b) Maintain insurance against damages to public
property or injury or death to persons resulting from the building sewer construction,
which policies shall indemnify and save harmless the city and all of its officers and
personnel against any claim, demand, damages, actions or cause of action arising out
of or by reason of the doing of the work or activities related or incident thereto and from
any costs, disbursements or expenses of defending the same. The property damage
insurance coverage shall be in the amount of $25,000 or more, and the public liability
insurance for injury or death to persons shall be in the amount of $100,000 and
$200,000. Proof of the insurance shall be filed with the City Administrator /Clerk, and
the policy shall provide that the city shall be notified immediately of any termination or
modification of the insurance. Should the insurance coverage hereinbefore provided be
inadequate in amount, then the master plumber shall self- indemnify and save harmless
the city and all of its officers and personnel in like manner.
(4) Term and revocation of registration. The licensing shall be
renewable annually on or before December 31 and may be revoked by the City Council
for cause.
C. Inspections. No permit shall be issued by the Sewer Inspector for
existing structures until plumbing has been inspected and found to be in the condition
as to safely and adequately accept the use to the public sanitary sewers.
Subd. 2. Separate building sewers. A separate and independent building sewer
shall be provided for every building, except where one building stands in the rear of
another or an interior lot, and no public sewer is available or can be constructed to the
rear building. In this case, the building sewer from the front building may be extended
to the rear building and the whole considered as one building sewer except for rate
purposes.
Subd. 3. Joint building sewers. A joint building sewer may be constructed to serve
more than one parcel of land upon prior approval being given by the City Council.
a. Petition for joint building sewer. The owners of the parcels to be
served shall petition the Council for approval, attaching to the petition a layout of the
proposed joint building sewer showing the location of the buildings to be served as well
as the location of the proposed line.
b. Manhole. A manhole shall be located at the juncture of the building
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sewers.
C. Easements filed, examination fee. Sewer easements granting to the
owners of the parcels of land served the right to use the joint building sewer shall be
filed with the City Administrator /Clerk and a perpetual easement for maintenance and
repair running in favor of the city granting to the city the right to maintain and repair the
joint building sewer from the manhole to the street shall be properly executed and filed
with the City Administrator /Clerk. An additional fee of $75 shall be required to cover the
cost of the city to examine title and approve the easements.
Subd. 4. Building sewer construction specifications.
a. Location. No building sewer pipe shall be laid within ten feet of any
well.
b. Materials of construction.
(1) Building sewers shall be of extra heavy duty cast iron pipe,
polyvinyl chloride pipe or plastic pipe approved by the Sewer Inspector.
(2) When building sewer pipe shall come within 20 feet of any
well, it shall be of heavy duty cast iron construction.
C. Size. The minimum size of building sewers shall be a four inch
heavy cast iron pipe, four inch PVC Pipe (ASTM specification No. D -1784) with a
minimum wall thickness of .125 and conform to requirements of Type 1, Grade 1 or four
inch ABS (ASTM specification No. D- 1788), Type 1 or Type 4.
d. Cleanouts. Change in direction of building sewers shall require
location of the cleanout with the provision that the cleanout shall be located at least
every 75 feet.
e. Fittings. All fittings shall be approved by the Sewer Inspector.
f. Joints. Joints shall comply with the following specifications:
polyvinyl chloride sewer pipe shall be pipe meeting requirements for Type 1, Grade 1 of
the "Tentative Specifications for Rigid Polyvinyl Chloride Compounds" ASTM
designation D -1784 and the joints for both PVC and ABS shall be bell and spigot with
solvent cement. All joints and connections shall be made gastight and watertight.
g. Installations. Whenever possible, the building sewer shall be
brought to the building at an elevation below the basement floor. No building sewer
shall be laid parallel to or within three feet of any bearing wall which might thereby be
weakened. The depth shall be sufficient to afford protection from frost. The building
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sewer shall be laid at a uniform grade and in straight alignment insofar as possible.
h. Sewage lift. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by the drain shall be
lifted by approved artificial means and discharged to the building sewer. In those
instances where the public sanitary sewer system was intentionally designed not to
allow gravity flow to the public sewer from the then existing buildings, the city will
provide and install a sump pump.
Connections to public sewer.
(1) The connection of the building sewer into the public sewer
shall be made at the "Y" branch, if the branch is available, at a suitable location. If the
public sewer is 12 inches in diameter or less and no properly located "Y" branch is
available, the owner shall, at his or her expense, install a "Y" branch in the public sewer
at the location and manner specified by the Sewer Inspector. Where the public sewer is
greater than 12 inches in diameter and no properly located "Y" branch is available, a
neat hole may be cut into the public sewer to receive the building sewer with entry in
the downstream directions at an angle of about 45 degrees.
(2) A 45 degree ell may be used to make the connection with
the spigot and so cut as not to extend past the inner surface of the public sewer. The
invert of the building sewer at the point of connection shall be at the same or at a
higher elevation than the invert of the public sewer. A smooth, neat joint shall be made
and the connection made secure and watertight. Special fittings may be used for the
connection only when approved by the Sewer Inspector.
Subd.5. Excavations.
a. Trenching and backfilling. All excavating required for the
installation of a building sewer shall be open trench work unless otherwise approved by
the Sewer Inspector. Pipe laying and backfill shall be performed in accordance with
rules and regulations of the city. No backfill shall be placed until the work has been
inspected and approved by the duly authorized city official. Tunneling may be permitted
but no tunnel shall exceed six feet in length and the pipe shall be installed so as to
permit inspection of all joints.
b. Barricades and lights. All excavations for building sewer
installations shall be adequately guarded with barricades and lights so as to protect the
public from hazard.
C. Repair and restoration of public ways. Streets, sidewalks, parkways
and other public property disturbed during sewer installations or connections of the
building sewer to the public sewer shall be restored in a manner satisfactory to the
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Public Works Director
Subd. 6. Inspections, connections to public sewers. The applicant for the building
sewer and connection permit shall notify the Sewer Inspector when the building sewer
is ready for inspection and connection to the public sewer. The connection shall be
made under the supervision of the Sewer Inspector and in the manner as is required by
the Sewer Inspector.
Subd. 7. Liability of owner. All costs and expenses incidental to the installation and
connection of the building sewer shall be borne by the owner. The owner shall
indemnify the city from any loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
(1987 Code, § 904.08) (Ord. 64, passed 5 -8 -1972; Am. Ord. 263, passed 12 -14 -1992)
904.09 PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM.
Subd. 1. Prohibited connections. No person shall discharge or cause to be
discharged, directly or indirectly, any storm water, surface water, ground water, roof
runoff, subsurface drainage or cooling water to any sanitary sewer. Any person having
a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe
or surface drain connected and /or discharging into the sanitary sewer shall disconnect
and remove any piping or system conveying the water to the sanitary sewer system.
Subd. 2. Authority to inspect. Every person owning improved real estate that
discharges into the city's sanitary sewer system shall either consent to inspection by
authorized city employees or its agents, as deemed appropriate and authorized by the
City Council, or by a plumber licensed by the state of all properties or structures
connected to the sanitary sewer system to confirm there is no sump pump or other
prohibited discharge into the sanitary sewer system. In the absence of consent for city
inspection or of an inspection by a licensed plumber selected by the property owner,
the city shall have authority to secure an administrative search warrant for inspection.
The authority to conduct further inspections on a property under this section shall lapse
upon a determination that the property is in compliance with the requirements of this
section.
Subd. 3. Correction of violations. Any owner of any property found to be in violation
of this section shall make the necessary changes to comply, following notification from
the city, within 14 calendar days or be subject to the surcharge as provided in
Subdivision 5 below.
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Subd. 4. Discharge. Existing buildings with sump pumps and all newly constructed
buildings with sumps shall have a discharge pipe installed to the outside wall of the
building. The pipe attachment must be a rigid permanent -type plumbing such as PVC,
copper or galvanized pipe. The discharge shall extend outside of the foundation and
may not be pumped directly onto any public right -of -way unless approved by the Public
Works Director or their designee. Any disconnects or openings in the sanitary sewer
shall be closed and repaired in compliance with applicable codes.
Subd. 5. Surcharge. A surcharge set by an ordinance passed by the City Council is
hereby imposed and shall be added to every utility billing to properties not in
compliance with this chapter. The surcharge shall be added to every quarterly utility
billing until the property is in compliance.
Subd. 6. Temporary waiver. The City Council, upon recommendation of the City
Administrator /Clerk and City Engineer, shall hear and decide requests for temporary
waivers from the provisions of this chapter where strict enforcement would cause a
threat to public safety because of circumstances unique to the individual property under
consideration. Any request for a temporary waiver shall be submitted to the City
Administrator /Clerk in writing. Upon approval of a temporary waiver from the provisions
of this chapter, the property owner shall agree to pay an additional fee for sanitary
sewer services based on the number of gallons discharged into the sanitary sewer
system as estimated by the City Engineer.
Subd. 7. Drainage. Storm water and all other unpolluted drainage shall be
discharged to the drainage facilities as are specifically designated by the City
Engineer.
Subd. 8. Remedies. The imposition of the surcharge shall not limit the right of the
city to seek an injunction in District Court ordering the person to disconnect the
nonconforming connection to the sanitary sewer or from pursuing any other legal
remedies available, or in the alternative, the city may correct the violation and certify
the costs of correction as an assessment against the property on which the correction
was made.
(1987 Code, § 904.09) (Ord. 277, passed 8 -23 -1993; Am. Ord. 347, passed
11 -23 -1998; Am. Ord. 447, passed 1 -28 -2008)
904.10 INTERCEPTORS REQUIRED.
Subd. 1. Interceptors provided. Grease, oil and sand interceptors shall be provided
when they are necessary for the proper handling of liquid wastes containing grease in
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excessive amounts or any inflammable wastes, sand and other harmful ingredients;
except, that the interceptors shall not be required for private living quarters or dwelling
units. All the interceptors shall be of a type and capacity approved by the Sewer
Inspector and shall be located as to be readily and easily accessible for cleaning and
inspection.
Subd. 2. Construction specifications. Grease and oil interceptors shall be
constructed of impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial construction, watertight and
equipped with easily removable cover which, when bolted in place, shall be gastight
and watertight.
Subd. 3. Maintenance. Where installed, all grease, oil and sand interceptors shall
be maintained by the owner, at his or her expense, in continuously efficient operation at
all times.
(1987 Code, § 904.10) (Ord. 64, passed 5 -8 -1972)
904.11 PROHIBITED SUBSTANCES.
Except as hereinafter provided, no person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewer.
Subd. 1. Any liquid or vapor having a temperature of higher than 150 °F,
Subd. 2. Any water or waste which may contain more than 100 parts per million by
weight of fat, oil or grease;
Subd. 3. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas;
Subd. 4. Any garbage that has not been properly shredded;
Subd. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feather, tar, plastics, wood, manure or any other solid or viscous substance capable of
causing obstruction to the flow in sewers or other interferences with the proper
operation of the sewage works;
Subd. 6. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or
having any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the sewage works;
Subd. 7. Any waters or wastes containing a toxic or poisonous substance in
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sufficient quantity to injure or interfere with any sewage treatment process, constitute a
hazard to humans or animals or create any hazard in the receiving waters of the
sewage treatment plant;
Subd. 8. Any waters or wastes containing suspended solids of a character and
quantity that unusual attention or expense is required to handle the materials at the
sewage treatment plant;
Subd. 9. Any noxious or malodorous gas or substance capable of creating a public
nuisance.
(1987 Code, § 904.11)
904.12 MATERIALS UNDER SPECIAL REVIEW.
The admission into public sewers of any waters or wastes having:
Subd. 1. A five day biochemical oxygen demand greater than 300 parts per million
by weight; or
Subd. 2. Containing more than 350 parts per million by weight of suspended solids;
or
Subd. 3. Containing any quantity of substances having the characteristics
described in § 904.11 of this chapter; or
Subd. 4. Having an average daily flow greater than 2% of the average daily
sewage flow of the city, shall be subject to the review and approval of the City Council.
(1987 Code, § 904.12)
41Z,NICAUN441 ►Till► /_1:Y&9N =FA 9 LT, 1=1►119
Subd. 1. The owner shall provide, at his or her expense, the preliminary treatment
as may be necessary to:
a. Reduce the biochemical oxygen demand to 300 parts per million
and the suspended solids to 350 parts per million by weight; or
b. Reduce objectionable characteristics of constituents to within the
maximum limits provided for in § 904.12; or
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C. Control the quantities and rates of discharges of the waters or
wastes
Subd. 2. Plans, specifications and any other pertinent information relating to
proposed preliminary treatment facilities shall be submitted to the approval by the City
Council and the MWCC, and no construction of the facilities shall be commenced until
the approvals are obtained in writing.
Subd. 3. Where preliminary treatment facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and effective operation by
the owner at his or her expense.
(1987 Code, § 904.13)
904.14 MEASUREMENTS, TESTS AND ANALYSES.
Subd. 1. Methods used. All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in §§ 904.12 and
904.13 shall be determined in accordance with methods employed by the Minnesota
Department of Health.
Subd. 2. Right of entry of city officials. The City Engineer and the Sewer Inspector
and other duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with the provisions of
this chapter.
(1987 Code, § 904.14) (Ord. 64, passed 5 -8 -1972)
904.15 SEWER SERVICE RATES AND CHARGES.
Subd. 1. Rates and charges.
a. Rates established. The following rates and charges for use and
services of the sanitary sewer system are established; the charges and rates to be
made against each lot, parcel or land, unit or premises which may have a connection
directly or indirectly into the city sanitary sewer system and which discharges only
normal sewage into the system.
(1) Minimum charges. The minimum quarterly charge, whether
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the use of water is metered or not metered, shall be that quarterly or monthly charge
established by ordinance of the City Council.
(2) Metered charges. Metered flow charges shall be as
established by ordinance of the City Council.
b. Beginning service. For a fraction of a quarter, the charges and
rates for nonmetered units shall be based upon the amount of the established flat
charge; provided, however, that the actual month of beginning shall be considered as
having begun on the first or the fifteenth of the month, whichever is closer.
C. Determination of amount of water entering sewage system. If the
lot, parcel of land or premises discharges normal sewage or industrial waste into the
sanitary sewerage system, either directly or indirectly, and it can be shown to the
satisfaction of the City Council that a portion of the water measured by the water meter
does not and cannot enter the sanitary sewerage system, then, and in that event, the
City Council may permit or require the installation of other or additional meters in a
manner that the quantity of water which actually could enter the sewer system may be
determined. In this case, the charges or rates shall be based upon the amount of water
which can enter the sanitary sewage system.
d. Estimated charges. If the owner, occupant or person in charge of
any premises shall fail or refuse to provide information as provided in subdivision 1c
hereof, or shall fail or refuse to comply with any requirement of this chapter, the proper
charge for the premises shall be estimated and billed in accordance with the estimate.
Subd. 2. Meter use for nonresidential premises.
a. Use of meter. A meter recording the use of water may be installed
on any nonresidential lot, parcel, premises or unit enumerated in subdivision 1 of this
section and thereafter the rate shall be based upon the use of water. The City Council
may, by resolution, require and order the installation of the meter on any lot, parcel,
premises or unit, or class thereof, where it shall determine that the aforementioned flat
charges are impractical to apply, or result in inequitable charges because insufficient or
excessive; and thereafter, the rate shall be based upon the use of water.
b. Installation and maintenance. Any water meter installed for use or
used as a basis for the computation of sewer rates shall be installed and maintained in
good operating condition at all times, the installation and maintenance to be without
expense to the city. Any meter shall be of a type approved by the City Council and shall
accurately measure all water received on the premises. Installation and maintenance of
the meter shall be made in accordance with the plumbing regulations of this city.
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Subd. 3. Bills for service
a. Determination of billing, information required. The owner, occupant
or person in charge of any premises shall supply the city with the information as the city
may reasonably require related to use of water, use of sewer or sewer rates. Wilful
failure to provide the information or wilful falsification of the information shall constitute
a violation of this chapter, as shall wilful failure to comply with any requirement or order
issued pursuant to this chapter.
b. Billing. Statements for charges for sanitary sewer use and service
for a quarterly period shall be mailed to each property owner or user on or before the
tenth day and shall be due and payable on or before the last day of the months of
January, April, July and October following the quarterly period covered by the
statements.
C. Delinquencies. After the last day of the month in which payment is
due, a penalty of 10% of the unpaid account balance will be assessed and added to the
amount due on the account.
Subd. 4. Revenues. All revenues derived from these rates and charges shall be
credited to the Sewer Operating Fund. The revenue shall be used only for the purpose
of paying the cost of operating and maintaining the sewage system, paying charges
made by the MWCC, providing an adequate depreciation fund, paying costs of meter
reading, billing, collection and other similar or related sewer operating expenses. If the
rates and charges prescribed herein do not produce a net revenue sufficient to permit
payment of the purposes for which established, the rates and charges provided herein
shall be adjusted from time to time to permit the accumulation of net revenues equal to
the charges and expenses of operating the sanitary sewer system.
Subd. 5. Violation. Any person violating any of the provisions of this section shall
be guilty of a misdemeanor.
(1987 Code, § 904.15) (Ord. 68, passed 2 -12 -1973; Ord. 80, passed 8 -26 -1974; Ord.
118, passed 3 -31 -1980; Ord. 219, passed 12 -4 -1989) Penalty, see § 104.01
904.16 SPECIAL AGREEMENTS.
No statement contained in this chapter shall be construed as preventing any
special agreement or arrangement between the city and any industrial or commercial
concern whereby an industrial or commercial waste may be accepted by the city for
treatment.
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(1987 Code, § 904.16)
904.17 PROPERTY DAMAGE.
No unauthorized person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the municipal sanitary sewer system. Any person violating this
provision shall be guilty of a misdemeanor.
(1987 Code, § 904.17) (Ord. 64, passed 5 -8 -1972) Penalty, see § 104.01
904.18 SEWERAGE SYSTEM GROWTH POLICY.
Subd. 1. Purpose. The purpose of this section is to provide for a method to finance
the reserved capacity portion of the sanitary sewer system. Revenues will reimburse
the sewer utility fund through debt financed capital improvements, including current
capacity and excess or reserved capacity.
Subd. 2. Application of provision. This section shall apply to all lots created by
subdivision after the adoption of this chapter.
Subd. 3. Local service availability charge established.
a. A sanitary sewer service availability charge (LSAC) is established
for the right of connecting to the municipal sewer system. Sewer availability charges
shall be as follows:
(1) Residential buildings of over four housing units: .8 LSAC
each unit;
(2) Residential buildings with four or fewer housing units: one
LSAC each unit;
(3) Nonresidential parcel: one LSAC for each 20,000 sq. ft. of
land area or portion thereof.
b. This charge shall be in addition to any sewer availability charge
imposed by the Metropolitan Waste Control Commission. The amount of the LSAC
shall be established, and shall be amended, from time to time, in Chapter 1301.
Subd. 4. Payment of charge. The LSAC shall be paid in full by the developer to the
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city sewer utility prior to release of the City Council resolution approving the
subdivision.
Subd. 5. Credit for past assessments. In those cases where the city records reflect
prior assessment and payment of multiple sewer units on a parcel of land, and in the
event the parcel is subdivided, credit for prior paid assessments for the sewer units
may be applied to the LSAC unit charges generated by the subdivision on a
unit - for -unit basis.
(1987 Code, § 904.18) (Ord. 254, passed 4 -13 -1992; Ord. 271, passed 3 -10 -1993)
904.19 VIOLATION.
Subd. 1. Any person violating any provision of this chapter shall be guilty of a
misdemeanor.
Subd. 2. Any person violating any of the provisions of this chapter shall become
liable to the city for any expense, loss or damage occasioned the city by reason of the
violation.
(1987 Code, § 904.19) (Ord. 64, passed 5 -8 -1972) Penalty, see § 104.01
Section
905.01
905.02
905.03
905.04
905.05
905.06
905.07
905.08
905.09
CHAPTER 905
STORMWATER UTILITY
Purpose
Establishment of stormwater drainage utility
Stormwater utility rates
Other land uses
Adjustment of charges
Exemptions
Payment of charge
Establishment of tax lien
Recalculation of charges
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905.01 PURPOSE.
The purpose of this chapter is to establish a Shorewood /Lake System
Stormwater Management Utility (SMU). The following are the objectives of this special
utility:
Subd. 1. Maintain and improve the present stormwater management system;
Subd. 2. Improve the quality of water runoff to lakes which helps recharge aquifers,
control lake levels and decrease erosion and sediment to lakes.,
Subd. 3. Operate and maintain stormwater facilities to protect people and property;
Subd. 4. Provide the resources to respond to small scale emergency drainage
issues affecting residents;
Subd. 5. Acquire land and /or construct stormwater detention and retention sites;
Subd. 6. Direct water from street surfaces which saves street maintenance costs.,
Subd. 7. Encourage local watershed stormwater management improvement
projects by supplementing funding from local watershed districts and other city sources.
(1987 Code, § 905.01) (Ord. 268, passed 1 -25 -1993)
905.02 ESTABLISHMENT OF STORMWATER DRAINAGE UTILITY
The municipal storm sewer system shall be operated as a public utility pursuant
to M.S. § 444.075. Pursuant thereto, the city establishes a stormwater drainage utility
and authorizes the imposition of just and reasonable charges for the use and
availability of storm sewer facilities subject to the provisions of this section and
Minnesota Statutes.
(1987 Code, § 905.02) (Ord. 268, passed 1 -25 -1993)
905.03 STORMWATER UTILITY RATES.
Subd. 1. Residential equivalent factor. Rates and charges for the use and
availability of the system shall be determined through the use of a "residential
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equivalent factor" (REF). For the purposes of this section, one REF is defined as the
ratio of the average volume of surface water runoff coming from one acre of land and
subjected to a particular use, to the average volume of runoff coming from one acre of
land subjected to typical single - family residential use within the city during a "standard
rainfall event." For purposes of this chapter, a standard rainfall event is defined as the
1 -year, 24 hour rainfall event of two to three inches as published by the U.S.
Department of Agriculture's "Minnesota Hydrology Guide."
Subd. 2. Stormwater drainage charges. In determining charges the City Council
shall by resolution establish a basic system rate to be charged against one acre of land
having an REF of one. The charge to be made against each parcel of land shall then
be determined by multiplying the REF for the parcel's zoning district classification times
the parcel's acreage times the basic system rate. For land uses identified as
Classification 2 below, the charge to be made shall be determined by multiplying the
REF times the basic system rate. The REF's for land uses within the city and the billing
classifications for the land uses are as follows:
Classification
Land Uses
REF
1
Cemeteries
0.70
2
Single- family and duplex
residential
0.70
a. <30,000 sq. ft. lot
1.00
b. >50,000 sq. ft. lot
1.30
3
Public and private schools
1.30
and institutional uses
4
Multiple - family residential
1.70
and churches
5
Commercial
2.30
(1987 Code, § 905.03) (Ord. 268, passed 1 -25 -1993)
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905.04 OTHER LAND USES.
Other land uses not listed in the foregoing table shall be classified by the City
Administrator /Clerk or its designee by assigning them to classes most nearly like the
listed uses, based upon estimated runoff volume for the standard rainfall event. An
appeal from the City Administrator /Clerk's determination of the property classification
may be made to the City Council.
(1987 Code, § 905.04) (Ord. 268, passed 1 -25 -1993)
905.05 ADJUSTMENT OF CHARGES.
The City Council may, by resolution, adopt policies providing for the adjustment
of charges for parcels or groups of parcels, based upon land use data supplied by
affected property owners, which data demonstrates a runoff volume for the standard
rainfall event substantially different from the REF being used for the parcel or parcels.
The adjustment shall be made only upon recommendation of the City
Administrator /Clerk and shall not be made effective retroactively.
(1987 Code, § 905.05) (Ord. 268, passed 1 -25 -1993)
905.06 EXEMPTIONS.
Public street rights -of -way, public parks, public works facilities and other city
property are exempt from stormwater utility charges.
(1987 Code, § 905.06) (Ord. 268, passed 1 -25 -1993)
905.07 PAYMENT OF CHARGE.
Subd. 1. Billing. Statements for charges for stormwater utility use and service for a
quarterly period shall be mailed to each property owner or user on or before the tenth
day and shall be due and payable on or before the last day of the months of January,
April, July and October following the quarterly period covered by the statements.
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Subd. 2. Delinquencies. After the last day of the month in which payment is due, a
penalty of 10% of the unpaid account balance will be assessed and added to the
amount due on the account.
(1987 Code, § 905.07) (Ord. 268, passed 1 -25 -1993)
905.08 ESTABLISHMENT OF TAX LIEN.
Any past due stormwater drainage fees in excess of 90 days past due on
October 1 of any year may be certified to the County Auditor for collection with real
estate taxes in the following year pursuant to M.S. § 444.075, subd. 3. In addition, the
city shall have the right to bring a civil action or pursue legal remedies to collect unpaid
charges.
(1987 Code, § 905.08) (Ord. 268, passed 1 -25 -1993)
905.09 RECALCULATION OF CHARGES.
If a property owner or person responsible for paying the stormwater drainage
charge questions the correctness of a charge, the person may, upon application and
documentation, including submission of a property survey, have the determination of
the charges recomputed by written request to the City Administrator /Clerk or its
designee. The request shall be made within 30 days of the mailing of the billing in
question.
(1987 Code, § 905.09) (Ord. 268, passed 1 -25 -1993)
CHAPTER 906
FIRE PROTECTION UTILITY DISTRICT
Section
906.01 Establishment of Utility District
906.02 Improvements
906.03 Fees
906.04 Payment of charge
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906.05 Establishment of tax lien
906.01 ESTABLISHMENT OF UTILITY DISTRICT.
The city does establish a dry hydrant fire protection utility district to provide
improved water availability for purposes of fire protection of persons and property of all
developed and buildable lots in that area of the city commonly referred to as Enchanted
Island and Shady Island.
(1987 Code, § 906.01)
906.02 IMPROVEMENTS.
The city may cause to order the construction and installation of a dry hydrant fire
protection system. The construction shall be conducted under the direction of the City
Engineer in accordance with city standards and procedures for awarding construction
contracts. The city shall own and maintain the dry hydrant system.
(1987 Code, § 906.02)
906.03 FEES.
The City Council may, upon notice and publication to duly affected property
owners, by resolution, establish a utility fee to pay for the cost of the construction and
installation of a dry hydrant fire protection utility system.
(1987 Code, § 906.03)
906.04 PAYMENT OF CHARGE.
Subd. 1. Billing. Statements for charges for dry hydrant fire protection utility use
and service for a quarterly period shall be mailed to each property owner or user on or
before the tenth day and shall be due and payable on or before the last day of the
months of January, April, July and October following the quarterly period covered by
the statements.
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Subd. 2. Delinquencies. After the last day of the month in which payment is due, a
penalty of 10% of the unpaid account balance will be assessed and added to the
amount due on the account.
(1987 Code, § 906.04)
906.05 ESTABLISHMENT OF TAX LIEN.
Any past due dry hydrant fire protection utility fees in excess of 90 days past due
on October 1 of any year may be certified to the County Auditor for collection with real
estate taxes in the following year pursuant to M.S. § 444.25. In addition, the city shall
have the right to bring a civil action or pursue legal remedies to collect unpaid charges.
(1987 Code, § 906.05) (Ord. 286, passed 2 -28 -1994)
CHAPTER 907
ILLICIT DISCHARGE INTO STORMWATER SYSTEM
Section
907.01
Purpose /intent
907.02
Definitions
907.03
Applicability
907.04
Responsibility for administration
907.05
Severability
907.06
Prohibited discharges
907.07
Best management practices
907.08
Notification of spills
907.09
Enforcement
907.10
Appeal of notice of violation
907.11
Cost of abatement of the violation
907.12
Remedies not exclusive
907.01 PURPOSE /INTENT.
The purpose of this chapter is to reduce non -storm water discharges to the
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Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of
the National Pollutant Discharge Elimination System (NPDES) permit process. The
objectives of this chapter are:
(1) To minimize pollutants into the MS4.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out compliance with this chapter.
(Ord. 455, passed 12 -8 -2008)
907.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
AUTHORIZED ENFORCEMENT AGENCY. The City of Shorewood designated
to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs). Pollution prevention practices,
maintenance procedures, and other management practices to reduce the discharge of
pollutants to storm water, receiving waters, or storm water conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site
runoff, spillage or leaks, disposal, or drainage from raw materials storage.
HAZARDOUS MATERIALS. Those materials which because of their quantity,
concentration, or physical, chemical, or infectious characteristics are a hazard to
human health, safety and property when improperly disposed of.
ILLEGAL DISCHARGE. Any direct non - stormwater discharge to the storm drain
system of pollutants or hazardous materials.
ILLICIT CONNECTIONS. Any drain or conveyance causing an illegal discharge
to enter the storm drain system or connected to the storm drain system which has not
been approved by an authorized enforcement agency.
NON- STORMWATER DISCHARGE. A discharge into the storm drain system
that is not normal stormwater.
POLLUTANT. Paints, varnishes, and solvents; oil and other automotive fluids;
hazardous substances, concrete washout, and wastes.
STORM DRAINAGE SYSTEM. Publicly -owned facilities by which stormwater is
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collected and /or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels,
reservoirs, and other drainage structures.
STORMWATER. Any surface flow, runoff, and drainage consisting of natural
precipitation and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN. A document which
describes the best management practices and activities to be implemented by
government to reduce pollutant discharges to stormwater, stormwater conveyance
systems, and /or receiving waters.
(Ord. 455, passed 12 -8 -2008)
907.03 APPLICABILITY.
This chapter shall apply to all run -off entering the storm drain system.
(Ord. 455, passed 12 -8 -2008)
907.04 RESPONSIBILITY FOR ADMINISTRATION.
The city shall administer, implement, and enforce the provisions of this chapter.
Any powers granted or duties imposed upon the city may be delegated in writing by the
City Council to persons or entities including the Minnehaha Creek Watershed District.
(Ord. 455, passed 12 -8 -2008)
907.05 SEVERABILITY.
The provisions of this chapter are hereby declared to be severable. If any
provision, clause, sentence, or paragraph of this chapter or the application thereof to
any person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter.
(Ord. 455, passed 12 -8 -2008)
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907.06 PROHIBITED DISCHARGES.
No person shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any pollutants or hazardous materials that cause or
contribute to a violation of applicable water quality standards.
(Ord. 455, passed 12 -8 -2008) Penalty, see § 104.01
907.07 BEST MANAGEMENT PRACTICES.
The city may adopt requirements identifying best management practices for any
activity, operation, or facility which may cause or contribute to pollution or
contamination of stormwater, the storm drain system, or waters within its borders.
(Ord. 455, passed 12 -8 -2008)
907.08 NOTIFICATION OF SPILLS.
Any person having information of any known or suspected illegal discharges
shall notify the city.
(Ord. 455, passed 12 -8 -2008)
907.09 ENFORCEMENT.
Upon finding that a person has violated a prohibition of this chapter, the city may
order compliance by written notice of violation to the responsible person. Such notice
may require reasonable monitoring, analysis and remediation by a specified deadline.
(Ord. 455, passed 12 -8 -2008)
907.10 APPEAL OF NOTICE OF VIOLATION.
Subd. 1. Any person receiving a notice of violation may appeal the determination
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of the authorized enforcement agency. The notice of appeal must be received within
ten days from the date of the notice of violation. Hearing on the appeal before the
appropriate authority or his /her designee shall take place within 30 days from the date
of receipt of the notice of appeal.
Subd. 2. The good citizens of Shorewood retain all legal rights guaranteed by the
United States and Minnesota Constitution to pursue all appeals and rights to due
process.
(Ord. 455, passed 12 -8 -2008)
907.11 COST OF ABATEMENT OF THE VIOLATION.
The property owner shall incur all costs to cease violating the provisions of this
chapter.
(Ord. 455, passed 12 -8 -2008)
907.12 REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the discretion
of the city to seek cumulative remedies.
(Ord. 455, passed 12 -8 -2008)
CHAPTER 908
COAL TAR BASED PRODUCTS
Section
908.01
Findings and purpose
908.02
Definitions
908.03
Prohibited acts
908.04
Exemptions
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908.01 FINDINGS AND PURPOSE.
Subd. 1. The City Council finds that:
a. The City of Shorewood Comprehensive Plan protects lakes,
streams, wetlands and other bodies of water to enhance the environmental,
recreational, cultural, and economic resources and contribute to the general health and
welfare of the community.
b. The use of sealers on asphalt driveways is a common practice.
C. The use of undiluted coal tar based driveway sealers adversely
affects the quality of storm water runoff from driveways.
Subd. 2. The purpose of this chapter is to regulate the use and commercial sale of
undiluted coal tar based driveway sealer products within the city, in order to protect,
restore, and preserve the quality of its waters.
(Ord. 500, passed 1 -14 -2013)
908.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning-
ASPHALT-BASED SEALER. A petroleum -based sealer material that is
commonly used on driveways, parking lots, and other surfaces and which does not
contain coal tar.
COAL TAR. A byproduct of the process used to refine coal.
MPCA. The Minnesota Pollution Control Agency.
PAHs. Polycyclic aromatic hydrocarbons that define a group of organic
chemicals formed during the incomplete burning of coal, oil, gas, or other organic
substances. It is present in coal tar and is harmful to humans, fish, and other aquatic
life.
UNDILUTED COAL TAR BASED SEALER. A sealer material containing coal tar
that has not been mixed with asphalt and which is commonly used on driveways,
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parking lots and other surfaces.
(Ord. 500, passed 1 -14 -2013)
908.03 PROHIBITED ACTS.
Subd. 1. No person shall apply any undiluted coal tar based sealer to any
driveway, parking lot, or other surface within the city.
Subd. 2. No person shall contract with any commercial sealer product applicator,
residential or commercial developer, or any other person for the application of any
undiluted coal tar based sealer to any driveway, parking lot, or other surface within the
city.
Subd. 3. No commercial sealer product applicator, residential or commercial
developer, or other individual or organization shall direct any employee, independent
contractor, volunteer, or other person to apply any undiluted coal tar based sealer to
any driveway, parking lot, or other surface within the city.
Subd. 4. No commercial firm, contractor or organization shall furnish or sell any
driveway sealer that is an undiluted coal tar based sealer.
(Ord. 500, passed 1 -14 -2013)
908.04 EXEMPTIONS.
Subd. 1. Upon the express written approval from both the city and the MPCA, a
person conducting bona fide research on the effects of undiluted coal tar based sealer
products or PAHs on the environment shall be exempt from the prohibitions provided in
§ 908.03 above.
Subd. 2. The provisions of this chapter shall only apply to use of undiluted coal tar
based sealer in the city and shall not affect the use of asphalt -based sealer products
within the city.
(Ord. 500, passed 1 -14 -2013)
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Subject
Chapter
Building Code
1001
Moving of Buildings
1002
Excavation or Storage of Rock, Sand and
Gravel
1003
Rental Housing Code
1004
Outdoor Wood- Burning Furnaces
1005
CHAPTER 1001
BUILDING CODE
Section
1001.01
Purpose
1001.02
Codes adopted by reference
1001.03
Building code optional chapters
1001.04
Application, administration and enforcement
1001.05
Permits and fees
1001.06
Violations and penalties
1001.01 PURPOSE.
This chapter adopts the Minnesota State Building Code and provides for the
application, administration, and enforcement of the Minnesota State Building Code by
regulating the erection, construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area, and maintenance of
all buildings and /or structures in the City of Shorewood. This chapter provides for the
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issuance of permits and collection of fees thereof; provides penalties for violation
thereof and; repeals all ordinances and parts of ordinances that conflict therewith. This
chapter shall perpetually include the most current edition of the Minnesota State
Building Code with the exception of the optional appendix chapters. Optional appendix
chapters shall not apply unless specifically adopted.
(Ord. 400, passed 2 -9 -2004)
1001.02 CODES ADOPTED BY REFERENCE.
The Minnesota State Building Code, as adopted by the Commissioner of
Administration pursuant to M.S. Chapter 1613.59 to 161375, including all of the
amendments, rules and regulations established, adopted and published from time to
time by the Minnesota Commissioner of Administration, through the Building Codes and
Standards Division is hereby adopted by reference with the exception of the optional
chapters, unless specifically adopted in this chapter. The Minnesota State Building
Code is hereby incorporated in this chapter as if fully set out herein.
(Ord. 400, passed 2 -9 -2004)
1001.03 BUILDING CODE OPTIONAL CHAPTERS.
Subd. 1. The Minnesota State Building Code, established pursuant to M.S. §§
1613.59 to 16B.75 allows the city to adopt by reference and enforce certain optional
chapters of the most current edition of the Minnesota State Building Code.
Subd. 2. The following optional provisions identified in the most current edition of
the State Building Code are hereby adopted and incorporated as part of the building
code for the city:
a. Chapter 1306, Special Fire Protection Systems; Subp. 2, with
1306.0030. E. option 1;
b. Grading, appendix chapter K, 2002 Supplements to International
Building Code; and
1919101 af41111
C. Chapter 1335, Floodproofing Regulations, parts 1335.0600 to
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(Ord. 400, passed 2 -9 -2004)
1001.04 APPLICATION, ADMINISTRATION AND ENFORCEMENT.
Subd. 1. The application, administration, and enforcement of the code shall be in
accordance with Minnesota State Building Code. The code shall be enforced within the
extraterritorial limits permitted by M.S. § 16B.62, subdivision 1, when so established by
this chapter.
Subd. 2. The code enforcement agency of the city is called Protective Inspections.
Subd. 3. This code shall be enforced by the Minnesota Certified Building Official
designated by the city to administer the code (M.S. § 16B.65, subdivision 1).
(Ord. 400, passed 2 -9 -2004)
1001.05 PERMITS AND FEES.
Subd. 1. The issuance of permits and the collection of fees shall be as authorized
in M.S. 16B.62, subdivision 1.
Subd. 2. Permit fees shall be assessed for work governed by this code in
accordance with the fee schedule adopted by the city in § 1301.02 of the city code. In
addition, a surcharge fee shall be collected on all permits issued for work governed by
this code in accordance with M.S. § 16B.70.
(Ord. 400, passed 2 -9 -2004)
1001.06 VIOLATIONS AND PENALTIES.
A violation of the code is a misdemeanor (M.S. § 16B.69).
(Ord. 400, passed 2 -9 -2004)
CHAPTER 1002
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MOVING OF BUILDINGS
Section
1002.01
Definitions
1002.02
Permit requirements
1002.03
Rules and regulations
1002.04
Routes designated
1002.05
Existing covenants and agreements
1002.06
Restoration of original site, costs
1002.07
Liability of permittee
1002.08
House movers
1002.09
Enforcement and violation
1002.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BUILDING. Any structure used or intended for supporting or sheltering of any
use or occupancy.
BUILDING OFFICIAL. The Building Official for the City of Shorewood.
PLANNING COMMISSION. The Planning Commission of the City of Shorewood.
REMOVAL LOCATION. Any location in the city to which a building may properly
be moved and on which the building may properly be located after moving under the
provisions of this chapter.
(1987 Code, § 1002.01)
1002.02 PERMIT REQUIREMENTS.
Subd. 1. Permit required. No licensed person shall move any building over, along
or across any highway, street or alley in the city without first obtaining a permit from the
Building Official and all other appropriate governmental agencies and utility companies.
Subd. 2. Application for permit. A person seeking issuance of a permit herein shall
file an application for the permit with the Building Official. The application shall be
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made in writing upon forms provided by the Building Official and shall be filed in the
office of the Building Official. The application shall set forth the following:
a. A description of the building proposed to be moved, giving street
number, construction materials, dimensions, number of rooms and condition of exterior
and interior and four photographs showing ground and street elevations for all sides of
the building;
b. A legal description of the premises from which the building is to be
moved;
C. A legal description of the premises to which it is proposed such a
building is to be moved;
d. The portion of the premises to be occupied by the building when
moved, if located in the city;
e. The highways, streets and alleys over, along or across which the
building is proposed to be moved;
f. Proposed moving date and hours;
g. Any additional information which the Building Official shall find
necessary to make a fair determination of whether a permit should be issued. The
application for a permit shall be made at least 30 days prior to the proposed moving
date in order to allow the Building Official to make the required inspection.
Subd. 3. Accompanying documents.
a. Tax certificate. The owner of the building to be moved shall file with
the application sufficient evidence that the building and lot from which it is to be
removed are free of any entanglements and that all taxes and any other charges
against the same are paid in full.
b. Certificate of ownership or entitlement. The applicant shall file with
the application a written statement or bill of sale or other sufficient evidence that he or
she is entitled to move the building.
Subd. 4. Fees, deposits and bond.
a. Generally. The application shall be accompanied by a permit fee in
the amount as set by Council resolution from time to time, plus a sufficient sum, as
estimated by the Building Official, to cover all other charges required under the terms of
this chapter or any other ordinance of the city.
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b. Deposit required. Upon receipt of an application, it shall be the duty
of the Building Official to procure an estimate of the expense that will be incurred in
removing and replacing any electric wires, street lamps or pole lines belonging to the
city or any other property of the city, the removal and replacement of which will be
required by reason of the moving of the building through the city, together with the cost
of materials to be used in making the removals or replacements. Prior to issuance of
the permit, the Building Official shall require of the applicant a deposit of a sum of
money equal to twice the amount of the estimated expense.
C. Bond. No permit shall be granted until the party applying therefor
shall also have given a bond in the sum of not less than $25,000 with good and
sufficient sureties to be approved by the City Council and conditioned that the party will
save and indemnify and keep harmless the city against all liabilities, judgments, costs
and expenses which in any way accrue against the city as a consequence of the
granting of the license or permit, including the cost to the city for the services of public
utility maintenance men necessitated by the moving of any building and will in all things
strictly comply with the provisions of this chapter and with the conditions of any and all
permits which may be issued to them hereunder.
d. Letter of credit. In order to provide the city with the necessary
security to insure that the owner corrects the deficiencies noted by the Building Official
and meets all requirements relating to the moving permit within the 90 day period, the
owner requesting the permit shall obtain and file with the city a letter of credit in the
amount as determined by the Building Official to be one and one -half times the
estimated cost to correct all deficiencies in the building. No certificate of occupancy
shall be issued for the building until it complies in all respects with the city ordinances
and State Building Code.
e. Inspection fees. Every applicant or permittee shall pay, in addition
to all other required fees, an additional fee for mileage to be traveled by the Building
Official in making any inspection under the provisions of this chapter or any other
ordinance of the city computed from the City Hall to the site location of premises where
an inspection is to be made, together with a fee at an hourly loaded rate, to be
determined by City Council resolution from time to time, for the Building Official for the
time spent in connection with the inspection.
f. Disposition of funds. The Building Official shall deposit all fees and
deposits with the city in the same manner as all other receipts to the city are deposited.
g. Refunds.
(1) In the event that the City Council does not issue a permit to
the applicant, the Building Official shall return to the applicant all deposits, bonds,
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insurance policies and letter of credit. Permit fees filed with the application shall not be
returned.
(2) After the building has been removed, the Building Official
shall furnish the City Administrator /Clerk with a written statement of all expenses
incurred in removing and replacing all property belonging to the city and of all material
used in the making of the removal and replacement, together with a statement of the
damages caused to or inflicted upon property in the city. The City Administrator /Clerk,
or his or her deputy, shall authorize the Building Official to return to the applicant all
deposits after the deduction of a sum sufficient to pay for all of the costs and expenses
and for all damage done to property in the city by reason of the removal of the building.
Permit fees deposited with the application shall not be returned.
Subd. 5. Procedures for permit approval.
a. Inspections. Upon receipt of a completed application to move a
building to a removal location in the city, the Building Official shall inspect the building
wherever located and the equipment to be used to move the building to determine
whether the building substantially complies with all city ordinances and equipment
meets the standards for removal to the city, or whether any of the reasons for denial
listed under Subd. 5b of this section are present. Following the inspection, the Building
Official shall report his or her findings to the Shorewood Planning Commission.
b. Decisions of the Planning Commission. The Planning Commission
shall receive the report of the Building Official and shall make its recommendation to
the City Council to either approve, deny or conditionally approve the application.
C. Denial. Based upon the findings of the Building Official, the
Planning Commission shall recommend denial of the permit application for any of the
following reasons:
(1) That any application requirements or any fee or deposit
requirement has not been complied with;
(2) That the building is too large to move without endangering
persons or property in the city;
(3) That the building is in a state of deterioration or disrepair or
is otherwise so structurally unsafe that it could not be moved without endangering
persons and property in the city;
(4) That the building is structurally unsafe or unfit for the
purpose for which moved, if the removal location is in the city;
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(5) That the applicant's equipment is unsafe and that persons
and property would be endangered by its use;
(6) That zoning or other ordinances of the city would be violated
by the building in its removal location;
(7) That for any reason, persons or property in the city would be
endangered by the moving of the building;
(8) That the building in its removal location would fail to comply
in any respect with any provision of any ordinance of the city or, in the alternative, that
proper assurances of the compliance have, or have not, been given;
(9) That the building is not in substantial compliance with the
city building ordinances and the State Building Code.
d. Decision of the City Council. Based upon the recommendation of
the Planning Commission, the City Council shall approve, deny or conditionally
approve the permit application.
Subd. 6. Conditions of permit. The building to be placed upon the removal location
shall be completed for occupancy within 90 days after the date of the permit.
(1987 Code, § 1002.02) (Ord. 132, passed 4 -11 -1983; Ord. 143, passed 4 -11 -1983)
1002.03 RULES AND REGULATIONS.
Every permittee under this chapter shall:
Subd. 1. Establish routes. Move a building only over streets designated for the use
in the written permit;
Subd. 2. Change in moving time. Notify the Building Official in writing of a desired
change in moving date and hours as proposed in the application;
Subd. 3. Property damage. Notify the Building Official in writing of any and all
damage done to property in the city within 24 hours after the damage or injury has
occurred;
Subd. 4. Lights and barricades. Cause red lights to be displayed on every side of
the building during the nighttime and red flags during the daytime while the building is
being moved or standing on the street, in the manner as to warn the public of the
obstruction and shall, where necessary, erect and maintain barricades across the
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streets in the manner as to protect the public from damage or injury by reason of the
removal of the building;
Subd. 5. Street occupancy. Not leave the building parked or left standing on any
street, alley or highway in the city;
Subd. 6. Comply with governing laws. Comply with the State Building Code, the
zoning ordinance and all other applicable ordinances and laws upon relocating the
building in the city;
Subd. 7. Pay expense of traffic officer. Pay the expense of a traffic officer ordered
by the Chief of Police to accompany the movement of the building to protect the public
from injury at a loaded labor rate to be determined by City Council resolution from time
to time;
Subd. 8. Clear old building site. Remove all rubbish and materials and fill all
excavations to existing grade at the original building site, when located in the city, so
that the premises are left in a safe and sanitary condition.
(1987 Code, § 1002.03)
1002.04 ROUTES DESIGNATED.
The Building Official shall procure from the City Engineer a list of designated
streets, railroad crossings and bridges over which the building may be moved. The
Building Official shall have the list approved by the Chief of Police and shall reproduce
the list upon the permit in writing. In making their determinations, the City Engineer and
the Chief of Police shall act to assure maximum safety to persons and property in the
city and to minimize congestion and traffic hazards on public streets.
(1987 Code, § 1002.04)
1002.05 EXISTING COVENANTS AND AGREEMENTS.
Subd. 1. Compliance. Where the removal location of any building is known by the
Building Official to be subject to any restrictive covenants of record, he or she shall not
issue a permit under the provisions of this chapter unless and until he or she is
satisfied that all of the terms and conditions of the covenants have been complied with.
Subd. 2. Conflicts. It is not intended by this chapter to interfere with or abrogate or
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annul any easement, covenant or other agreement between parties; provided, however,
that when this chapter imposes a greater or heavier restriction than is imposed or
required by any other ordinance, rule, regulation or by easement, covenant or
agreement, the provisions of this chapter shall control.
(1987 Code, § 1002.05)
1002.06 RESTORATION OF ORIGINAL SITE, COSTS.
The city shall proceed to do the work necessary to leaving the original premises
in a safe and sanitary condition, where permittee does not comply with the
requirements of this chapter and the cost thereof shall be charged against the general
deposit.
(1987 Code, § 1002.06)
1002.07 LIABILITY OF PERMITTEE.
The permittee shall be liable for any expense, damage or costs in excess of
deposited amounts of securities, and the City Attorney shall prosecute an action
against the permittee in a court of competent jurisdiction for the recovery of the
damages, costs or expenses.
(1987 Code, § 1002.07)
1002.08 HOUSE MOVERS.
Subd. 1. License required, restrictions. No person shall move, remove, raise or
hold up any building within the limits of the city unless the person shall be licensed by
the city to engage in the occupation. No license shall be granted to any person less
than 21 years of age.
Subd. 2. License fee. The fee for each license shall be set by ordinance and shall
be paid at the time of the filing of the application for the license.
Subd. 3. Insurance required. No license shall be issued unless and until the
applicant shall first file with the City Administrator /Clerk a policy or policies of insurance
insuring the applicant against liability imposed by law in the limits of $300,000 because
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of bodily injury or death of one person per accident, $1,000,000 because of bodily
injury to or death of two or more persons per accident, and $100,000 property damage
liability per accident. The policy shall provide that it may not be canceled by the insurer
except upon notice to the city. In case of cancellation of the insurance, the license shall
be automatically suspended until the insurance has been replaced.
Subd. 4. Investigation of applicant, issuance of license. Upon the filing of an
application for a license, the same shall be referred to the Building Official and the
Planning Commission of the city and they shall make full investigation of the
qualifications of the applicant to carry on the work of moving, raising and holding up
buildings and report their findings thereon to the City Council. Upon the report being
filed with the City Council, and the execution of the bond as required herein and its
acceptance by the City Council, the license may be granted or refused at the discretion
of the City Council.
Subd. 5. Expiration of license, nontransferability. Each license shall terminate on
December 31 next succeeding the issuance of the same unless sooner revoked or
forfeited and shall not be transferable or assignable.
Subd. 6. Revocation of license. Upon presentation to the City Council of
satisfactory proof that any licensee has proven incompetent to properly carry on the
work of moving, raising or holding up a building or has proceeded with any work in a
manner as to endanger people or property or upon convictions for failure to comply with
this chapter or related ordinances or for other good cause, the City Council may revoke
the license.
(1987 Code, § 1002.08)
1002.09 ENFORCEMENT AND VIOLATION.
Subd. 1. Enforcement. The Building Official, the Police Department and the City
Engineer shall enforce and carry out the requirements of this chapter.
Subd. 2. Violation. Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor.
(1987 Code, § 1002.09) (Ord. 143, passed 4 -11 -1983) Penalty, see § 104.01
CHAPTER 1003
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EXCAVATION OR STORAGE OF ROCK, SAND AND GRAVEL
Section
1003.01
Permit required
1003.02
Application for permit, fee
1003.03
Procedure for approval
1003.04
Exemptions from provisions
1003.05
Violation
1003.01 PERMIT REQUIRED.
It shall be unlawful for any person to remove, store or excavate rock, sand,
gravel, dirt or similar material within the limits of the city, except to the extent required
in connection with the construction of a building for which a building permit has been
issued, without first having obtained from the City Council a permit to do so.
(1987 Code, § 1003.01) (Ord. 28, passed 9 -12 -1960) Penalty, see § 104.01
1003.02 APPLICATION FOR PERMIT, FEE.
An application for the permit shall be accompanied by a drawing made by a
registered surveyor or other competent person showing the location of the proposed
excavation or storage and shall state the amount of material which is to be removed,
excavated or stored and the other information as the Council may require from time to
time. Applications shall be filed with the City Administrator /Clerk and shall be
accompanied by a fee as set forth in the State Building Code, payable to the city.
(1987 Code, § 1003.02) (Ord. 28, passed 9 -12 -1960)
1003.03 PROCEDURE FOR APPROVAL.
Subd. 1. Planning Commission action. The City Administrator /Clerk shall refer the
application to the Planning Commission, which Commission shall consider the
application at its next regular meeting, but not earlier than seven days. The petitioner
or representative shall appear before the Planning Commission in order to answer
questions concerning the application. The Planning Commission shall investigate all
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facts set out in the application. Opportunity shall be given to any person to be heard for
or against granting the permit. After the investigation and hearing, the Planning
Commission shall make its report to the City Council recommending or not
recommending application for the permit.
Subd. 2. City Council action. The City Council shall, within 60 days after receiving
the report of the Planning Commission, grant or refuse to grant, in its discretion, the
application for the permit.
(1987 Code, § 1003.03)
1003.04 EXEMPTIONS FROM PROVISIONS.
The requirements of this chapter shall not apply to the excavations or storage of
rock, sand, gravel, dirt or similar material as may be required by state, county or city
authorities in connection with construction or maintenance of roads and highways
within the city.
(1987 Code, § 1003.04) (Ord. 28, passed 9 -12 -1960)
1003.05 VIOLATION.
Any person who violates or fails to comply with any of the provisions of this
chapter shall be guilty of a misdemeanor.
(1987 Code, § 1003.05) (Ord. 28, passed 9 -12 -1960; Am. Ord. 56, passed 9 -8 -1969)
Penalty, see § 104.01
CHAPTER 1004
RENTAL HOUSING CODE
Section
1004.01 Purpose and intent
1004.02 Definitions
1004.03 Licensing of rental units
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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; and
f. To preserve the value of land and buildings throughout the city.
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.
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(1987 Code, § 1004.01) (Ord. 272, passed 4 -12 -1993; Am. Ord. 546, passed - -2017)
1004.02 DEFINITIONS.
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."
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, approved 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.
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
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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.
by side.
a. DOUBLE BUNGALOW. A two - family dwelling with two units 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 establishment,
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:
a. An individual; or
b. A group of not more than three individuals, none of whom are
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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.
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
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and gas lines.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by
any dwelling or non - dwelling 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 non - putrescible 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 another'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. Non - putrescible 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 residential planned unit development district.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the
minimum standards established by city ordinances.
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SUPPLIED. Paid for, furnished by, provided by or under the control of the owner,
operator or agent of a dwelling.
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; Am. Ord. 546, passed - -2017)
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 valid for three years and shall expire on December 31 following
the issuance thereof. Application for 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 Shorewood City Code and the laws of
the state.
Subd. 3. License fees. Applications and fees for license renewals 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 denial, revocation or suspension of the license.
b. The fees and charges for the license application required by this
chapter are set forth in the City of Shorewood Fee Schedule.
Subd. 4. License not transferable. No license shall be transferable to another
person or to another rental dwelling. Every person holding a 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. If rental activity is proposed to continue under the new
owner, a new license application shall be required immediately upon notice of the
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property transfer.
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, and corporate officers if a corporation;
(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 building;
(8) Description of procedure through which tenant inquiries and
complaints are to be processed;
(9) Test results for domestic water supplied by a private well
from a lab certified by the Minnesota Department of Health; and
(10) Test results (within 30 days) for the furnace performed by a
certified mechanical contractor bonded with the Minnesota Department of Labor and
Industry.
C. Zoning compliance. Upon application for a license the applicant
must demonstrate to the satisfaction of the Compliance Official that the rental dwelling
complies with one of the following:
(1) The property is currently zoned for the intended use
pursuant to Chapter 1201 of this code;
(2) The structure was granted a special use permit for a
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two - family dwelling between January 21, 1965 and September 24, 1973; or
(3) The structure has been continually and lawfully used as a
two - family dwelling since January 21, 1965.
Subd. 6. Resident agent required. No license shall be issued or renewed for a
nonresident owner of rental dwelling units (one who does not reside within the counties
of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner
designates, in writing, to the Compliance Official the name of its resident agent (a
person who does reside within the aforesaid referred counties) who is responsible for
maintenance and upkeep and who is legally constituted and empowered to receive
service of notice of violation of the provisions of the city ordinances, to receive orders
and to institute remedial action to effect the orders and to accept all service of process
pursuant to law. The Compliance Official shall be notified, in writing, of any change of
resident agent.
Subd. 7. Posting of license. Every licensee of a multiple rental dwelling shall cause
to be conspicuously posted in the main entryway or other conspicuous location therein
the current license for the respective multiple rental dwelling. Licenses for one- and
two - family rental dwellings shall be conspicuously posted near the electrical service
box for each unit.
Subd. 8. Inspection access.
a. No license shall be issued or renewed unless the owner of a rental
unit agrees in its application to permit inspections as provided in § 1004.05 of this
chapter.
b. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the Compliance Official or his or her authorized
representative has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes the building or
premises unsafe, dangerous or hazardous, the Compliance Official or his or her
authorized representative may enter the building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official by this
code; provided, that if the building or premises are occupied, he or she shall first
present proper credentials and request entry; and if the building or premises are
unoccupied, he or she shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request entry. If the
entry is refused, the Compliance Official or his or her authorized representative shall
have recourse to every remedy provided by law to secure entry.
Subd. 9. Occupancy register required.
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a. Every owner of a licensed rental dwelling unit in Shorewood shall
keep, or cause to be kept, a current register of occupancy for each dwelling unit which
provides the following information:
(1) Dwelling unit address;
(2) Number of bedrooms in dwelling unit;
(3) Names of adult occupants and number of adults and
children (under 18 years of age) currently occupying each dwelling unit; and
(4) Dates renters occupied and vacated each dwelling unit.
b. The register shall be made available for viewing or copying by the
Compliance Official at all reasonable times.
Subd. 10. Denial, suspension, revocation or non - renewal of license.
a. The Compliance Official may revoke, suspend, deny, or decline to
renew any license for all or part of a building issued under this chapter upon any of the
following grounds:
(1) The license applicant has not submitted all the required
materials or requested an inspection of the premises within 30 days of the initial
application;
(2) False statements made on the license application or any
other information required by this section;
(3) The Compliance Official has not been permitted to inspect
the premises proposed to be licensed;
(4) The license applicant has failed to correct deficiencies listed
in a violation or correction notice in the time specified;
(5) The license applicant has not met the requirements of the
International Property Maintenance Code or City Code or other applicable state laws;
(6) The City of Shorewood has previously suspended or
revoked a rental license for the same property and all the conditions of suspension or
revocation have not been corrected;
(7) The license applicant or their agent has violated any
requirement of this chapter;
(8) Granting the license would be contrary to public health,
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safety or general welfare so as to create a public nuisance; or
(9) The license applicant, licensee, their agent or tenant(s)
has /have failed to conform to other applicable requirements of City Code, state statute
or criminal code.
b. If an application for a license is denied, a written statement
specifying the reasons for the denial will be transmitted to the applicant.
Subd. 11. Appeal. If the City of Shorewood denies a license application, the
applicant may file a written appeal to the City Council (acting as a Board of Appeals)
requesting a hearing before the City Council. The appeal must be received within ten
days of the denial notice and would be processed as outlined in § 1004.07 Subd. 6. of
this Chapter. The City Council may affirm, modify or reverse the decision and state the
reasons for such action.
(1987 Code, § 1004.03) (Ord. 272, passed 4 -12 -1993; Am. Ord. 546, passed - -2017)
1004.04 MINIMUM STANDARDS.
Subd. 1. Adoption of the International Property Maintenance Code by reference.
Chapters 2, 3, 4, 5, 6, and 7 of the "2012 International Property Maintenance Code," as
may be amended, are adopted and incorporated herein and shall be controlling within
the city. At least one copy of the code shall be on file in the office of the Compliance
Official for use and examination by the public.
Subd. 2. General provisions.
a. Maintenance of shared or public areas. Every owner of a rental
dwelling shall maintain in a clean and sanitary condition the shared or public areas of
the dwelling and premises thereof.
b. Maintenance of occupied areas. Every occupant of a rental
dwelling unit shall maintain in a clean and sanitary condition that part or those parts of
the dwelling unit and premises thereof that it occupies and controls.
C. Responsibility of owner and occupant for storage and disposal of
garbage and rubbish. Every owner of a rental dwelling shall supply facilities for the
sanitary and safe storage and /or disposal of rubbish and garbage. In the case of
single - family attached or detached rental dwelling units, it shall be the responsibility of
the occupant to furnish the facilities. Every occupant of a rental dwelling unit shall store
and dispose of all its rubbish, garbage and organic waste in a clean, sanitary and safe
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manner as prescribed by Chapter 504 of this code.
d. Responsibility for storm and screen doors and windows. The owner
of a rental dwelling unit shall be responsible for providing and hanging all screens and
storm doors and storm windows whenever the same are required under the following
provisions, except where there is written agreement otherwise between the owner and
occupant.
(1) Every window, other than a fixed window or storm window,
shall be capable of being easily opened.
(2) Every window, door and frame shall be constructed and
maintained in the relation to the adjacent wall construction as to completely exclude
rain, wind, cold, vermin and rodents from entering the building.
(3) Every openable window or other device required by this
section shall be supplied with 16 mesh screens during the insect season.
e. Responsibility for pest extermination.
(1) Every occupant of a rental dwelling containing a single
rental dwelling unit shall be responsible for the extermination of vermin infestations
and /or rodents on the premises.
(2) Every occupant of a rental dwelling unit in a dwelling
containing more than one rental dwelling unit shall be responsible for the extermination
whenever its dwelling unit is the only one infested. Notwithstanding, however,
whenever infestation is caused by the failure of the owner to maintain a rental dwelling
in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall
be the responsibility of the owner.
(3) Whenever infestation shall exist in two or more of the rental
dwelling units in any dwelling, or in the shared or public parts of any rental dwelling
containing two or more rental dwelling units, extermination thereof shall be the
responsibility of the owner.
f. Rodent harborages prohibited in public areas. No owner of a rental
dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal or
any other similar materials in a manner that may provide a rodent harborage in or about
shared or public areas of a rental dwelling or it premises. Materials stored by the owner
or permitted to be stored by the owner shall be stacked neatly in piles.
g. Rodent - proof. Every rental dwelling and accessory structure and
the premises upon which located shall be maintained in a rodent -free and rodent -proof
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condition. All openings in the exterior walls, foundations, basements, ground or first
floors and roofs which have a one -half inch diameter or larger opening shall be
rodent - proofed in an approved manner. Interior floors or basements, cellars and other
areas in contact with the soil shall be paved with concrete or other rodent - impervious
material.
h. Sanitary maintenance of fixtures and facilities. Every occupant of a
rental dwelling unit shall keep all supplied fixtures and facilities therein in a clean and
sanitary condition and shall be responsible for the exercise of reasonable care in the
proper use and operation thereof.
i. Removal of snow and ice. The owner of a multiple - family rental
dwelling or dwellings shall be responsible for the removal of snow and ice from parking
lots, driveways, steps and walkways on the premises.
(1) Individual snowfalls of three inches or more, or successive
snowfalls accumulating to a depth of three inches, shall be removed from parking lots
and driveways within 24 hours after cessation of the snowfall.
(2) Individual snowfalls of one inch or more, or successive
snowfalls accumulating to a depth of one inch, shall be removed from steps and
walkways within eight hours after cessation of the snowfall.
j. Maintenance of driving and parking areas. The owner of a
multiple - family rental dwelling or dwellings shall be responsible for providing and
maintaining in good condition surfaced and delineated parking areas and driveways for
tenants consistent with § 1201.03, Subd. 5 of this code.
k. Maintenance of yards. The owner of a multiple - family rental
dwelling or dwellings shall be responsible for providing and maintaining the yard or
yards.
I. Facilities to function. Every supplied facility, piece of equipment or
utility required under city ordinances and every chimney flue shall be installed and
maintained and shall function effectively in a safe, sound and working condition.
M. Discontinuance of service of facilities. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required under
this chapter to be removed from or shut off from or discontinued for any occupied rental
dwelling or rental dwelling unit let by the owner or operator, except for the temporary
interruptions as may be necessary when actual repairs or alterations are in process or
during temporary emergencies.
n. Yard cover. Every yard of a premises on which a dwelling stands
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shall be provided with lawn or combined ground cover of vegetation, garden, hedges,
shrubbery and related decorative materials and the yard shall be maintained consistent
with prevailing community standards.
o. One family per dwelling unit. Not more than one family, except for
temporary guests, shall occupy a rental dwelling unit.
p. Accessory structure maintenance. Accessory structures supplied
by the owner, agent or tenant occupant on the premises of a rental dwelling shall be
structurally sound and be maintained in good repair and appearance. The exterior of
the structures shall be made weather resistant through the use of decay- resistant
materials such as paint or other preservatives.
q. Smoke detectors and carbon monoxide detectors required. All
rental dwelling units shall be provided with approved smoke detectors and carbon
monoxide detectors and shall be installed in accordance with the State Building Code.
r. Drinking water. The property owner of rental dwelling units having
domestic water supplied by a private well must provide a test result of the water from a
lab certified by the Minnesota Department of Health at the time of application for initial
license and retested with each license renewal every three years thereafter or earlier
upon change of property ownership. The domestic water supply must meet the
standards as established by Minn. Rules 4720.0350 for arsenic, nitrates, and coliform
bacteria.
S. Maintenance of exterior siding and paint. The exterior of each
building shall be kept in good repair, weather -tight and shall not be in a dilapidated
condition. Painted surfaces shall be kept in good condition. Facades with paint that is
peeling, chipping or otherwise not adhering to the applied surface shall be repainted
with colors consistent and compatible with the remainder of the building and as follows:
(1) Facades where less than 10% of the surfaces are affected,
but the affected areas are concentrated, the affected areas shall be repainted.
(2) Facades where 10% or more of the surfaces are affected
shall be repainted in their entirety.
t. Maintenance of interior paint. The interior paint of each building
shall be kept in good repair and shall not have paint that is peeling, chipping or
otherwise not adhering to the applied surface shall be repainted or, in the case of
exposed lead paint, remediated according to Minn. Rules Chapter 4761.
Subd. 3. Pre - existing structural deficiencies exempt. The following are pre- existing
deficiencies and shall be exempt from compliance with the code; provided, that the
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pre- existing deficiencies were in compliance with a building code at the time of
construction or do not pose a hazard. The pre- existing deficiencies shall include, but
are not limited to:
a. Ceiling height. Any existing habitable room with less than a seven
and one -half foot ceiling height shall be considered a pre- existing deficiency which is
beyond reasonable correction.
b. Superficial floor areas. Any existing habitable room of less than 90
square feet shall be considered a pre- existing deficiency and beyond reasonable
correction.
C. Natural light and ventilation. Any existing habitable room with
window area less than 10% of the floor area shall be considered a pre- existing
deficiency beyond reasonable correction but in no case shall the required natural light
and ventilation be less than 5% of the floor area.
Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any
dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied
and an immediate hazard exists, immediate corrective action shall be taken by the
occupant, owner, agent of the owner or other responsible persons. The dwelling unit
may be ordered vacated if no immediate corrective action is taken and the occupant,
owner, agent of the owner or other responsible person fail to comply with any order to
correct any immediate hazard. Immediate hazards to health and safety for human
occupancy shall include but not be limited to the following:
a. Heating systems that are unsafe due to burned out or rusted heat
exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas
supplies; or lack of temperature and pressure relief valves;
b. Water heaters that are unsafe due to burned out or rusted heat
exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with
unsafe gas supplies; or lack of temperature and pressure relief valves;
C. Electrical systems that are unsafe due to dangerous overloading;
damaged or deteriorated equipment; improperly taped or spliced wiring; exposed
uninsulated wires; distribution systems of extension cords or other temporary methods;
ungrounded systems;
d. Plumbing systems that are unsanitary due to leaking waste
systems, fixtures and traps; lack of a water closet; lack of washing and bathing
facilities; cross connection of pure water supply with fixtures or sewage lines; or the
lack of water;
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e. Structural systems, walls, chimneys, ceilings, roofs, foundations
and floor systems that will not safely carry imposed loads;
f. Refuse, garbage, human waste, decaying vermin or other dead
animals, animal waste, other materials rendering residential buildings and structures
unsanitary for human occupancy, including lack of light and air;
g. Infestation of rats, insects and other vermin; and
h. Domestic water used primarily for consumption which exceeds the
safe drinking water standards contained in Minn. Rules Part 4720.0350 as may be
amended from time to time for arsenic, nitrates, and coliform bacteria, must be brought
into compliance by the property owner before a rental license is issued.
(1987 Code, § 1004.04) (Ord. 272, passed 4 -12 -1993; Am. Ord. 479, passed
8 -22 -2011; Am. Ord. 546, - -2017)
1004.05 INSPECTIONS.
Subd. 1. Purpose. The purpose of this section is to establish standards for a
program of inspections meant to improve and maintain the overall rental housing in the
city. Housing inspections do not indicate compliance with any inspectional program
other than that of the city. Inspections are made as a public service and do not
constitute any representation, guarantee or warranty to any person as to the conditions
of the building inspected. The city does not assume any responsibility or liability in
connection with the inspection and issuance of the license required by § 1004.03 of this
chapter.
Subd. 2. Initial compliance inspection. Prior to issuance of a license to operate a
rental dwelling unit, the Compliance Official and the Fire Inspector (as may be
applicable) shall inspect the premises for compliance with this chapter. A record of the
inspection shall be kept on file at the City Hall. The compliance inspection must occur
within 30 days of the application (either for a new license or renewal) or the application
shall be considered void.
Subd. 3. Reinspection required. All rental dwelling units shall be reinspected for
compliance with this chapter a minimum of once every three years with license renewal.
Subd. 4. Complaints inspections. Inspections shall be made at any time upon
receipt of a complaint wherein the complainant leaves their name, address and
telephone number. Inspections will not be made based upon anonymous complaints.
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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; Am. Ord. 546, - -2017)
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.
a. 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.
b. The city may exercise any and all remedies at law or in equity to
ensure compliance with this section. All unpaid costs, charges and penalties may be
certified as a special assessment levy against the property.
(Ord. 533, passed 9 -26 -2016; Am. Ord. 546, passed - -2017)
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1004.07 ADMINISTRATION AND ENFORCEMENT.
Subd. 1. Unfit for human habitation
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 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. §§ 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
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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; and
(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:
personally;
(a) Served upon the owner, agent or occupant
(b) Served upon the property; or
(c) Sent by first class mail to the owner's, agents', or
occupant's 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
Planning Department within ten 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 a 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 compliance order have been complied with, unless
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the owner shall furnish to the grantee, lessee or mortgagee a 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 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.
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 as outlined
in § 1004.03 Subd. 10 of this chapter. 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 letter 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; Am. Ord. 546, passed - -2017) Penalty, see § 104.01
CHAPTER 1005
OUTDOOR WOOD- BURNING FURNACES
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Section
1005.01
Purpose
1005.02
Definitions
1005.03
Permit required
1005.04
Minimum standards
1005.05
Existing furnaces
1005.06
Penalties
1005.01 PURPOSE.
It is generally recognized the types of fuel used, and the scale and duration of
burning by outdoor wood - burning furnaces, creates noxious and hazardous smoke,
soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can
deprive neighboring residents of the enjoyment of their property or premises. The
purpose of this chapter is to establish and impose restrictions upon the construction,
installation and operation of outdoor wood - burning furnaces within the city limits of
Shorewood for the purpose of securing and promoting the public health, safety and
general welfare of the city and its inhabitants.
(Ord. 429, passed 1 -22 -2007)
1005.02 DEFINITIONS.
For the purpose of this chapter, the following definition shall apply unless the
context clearly indicates or requires a different meaning.
OUTDOOR WOOD- BURNING FURNACE. Any contrivance, apparatus, or any
part thereof, that is installed, affixed or situated out -of -doors for the primary purpose of
the combustion of wood, from which heat or energy is derived and intended to be
directed there from by conduit or other mechanism into any interior space for the supply
of heat or energy.
(Ord. 429, passed 1 -22 -2007)
1005.03 PERMIT REQUIRED.
No person shall construct, install, use or operate an outdoor wood - burning
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furnace in Shorewood without first having obtained a building permit from the
Shorewood Building Official.
(Ord. 429, passed 1 -22 -2007)
1005.04 MINIMUM STANDARDS.
Subd. 1. Installation. All outdoor wood - burning furnaces shall have an approved
listing by Underwriter's Laboratories (UL), shall be installed according to the
manufacturer's installation instructions, and shall comply with emission standards
promulgated by the United States Environmental Protection Agency (EPA) and the
Minnesota Pollution Control Agency (MPCA).
Subd. 2. Minimum lot size. No outdoor wood - burning furnace shall be located on
property smaller than three acres in land area.
Subd. 3. Minimum setback. Outdoor wood - burning furnaces shall be located at
least 200 feet from any property line.
Subd. 4. Chimney height. The outdoor wood - burning furnace shall have a chimney
that extends at least 20 feet above the surface of the ground and two feet above the
ridgeline of any dwelling within 500 feet of the furnace. In no case shall the chimney be
higher than 40 feet. The chimney shall be constructed and supported so as to
withstand high wind speeds.
Subd. 5. Months of operation. No outdoor wood - burning furnace shall be operated
during the time period May 16 through October 14.
Subd. 6. Survey requirement. To obtain a building permit for an outdoor
wood - burning furnace, the owner must provide a survey, prepared by a registered land
surveyor, showing the location and ridgeline heights of all buildings within 500 feet of
the proposed location of the furnace.
(Ord. 429, passed 1 -22 -2007)
1005.05 EXISTING FURNACES.
Outdoor wood - burning furnaces that were legally installed prior to the adoption
of this chapter shall comply at minimum with the installation requirements set forth in §
1005.04, Subd. 1 of this code and the months of operation standard set forth in §
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1005.04, Subd. 5 of this code. No existing outdoor wood - burning furnace may be
enlarged or extended.
(Ord. 429, passed 1 -22 -2007)
1005.06 PENALTIES.
Failure to comply with any of the provisions of this chapter shall be a
misdemeanor. Each day that a violation continues shall be deemed a separate
punishable offense
(Ord. 429, passed 1 -22 -2007)
Subject
Chapter
Flood Plain Management Regulations
1101
Wetland Developments
1102
Tree Preservation
1103
CHAPTER 1101
FLOOD PLAIN MANAGEMENT REGULATIONS
Section
1101.01 Statutory authorization, findings of fact and purpose
1101.02 General provisions
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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.
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)
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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 1101.05 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 §
1101.04 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.
Effective Flood Insurance Rate Map panels: 27053CO292 F, 27053CO295
F, 27053C0308 F, 27053C0309 F, 27053C0311 F, 27053C0312 F, 27053C0313 F,
27053C0314 F, 27053C0316 F, 27053C0317 F, 27053C0318 F, 27053C0319 F.
Subd. 4. Regulatory flood protection elevation. The regulatory flood protection
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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.
BASE FLOOD ELEVATION. The elevation of the REGIONAL
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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.
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FLOOD PRONE AREA. Any land susceptible to being inundated
by water from any source (see FLOOD).
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.
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REACH. A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man -made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single
chassis, is 400 square feet or less when measured at the largest horizontal projection,
is designed to be self - propelled or permanently towable by a light duty truck, and is
designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the
term RECREATIONAL VEHICLE 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.
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
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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.
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
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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)
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 §
1102.02 (Critical Facilities), are prohibited in all floodplain districts.
(Ord. 534, passed 10 -24 -2016)
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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.
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 §§ 1101.04 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
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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. Fill, storage of materials and equipment.
(1) The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is
prohibited.
(2) 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
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floodproofed in accordance with the FP1 or FP2 floodproofing 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 floodproofing 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
(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
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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:
(1) The accessory structure constitutes a minimal investment,
does not exceed 576 square feet in size, and is only used for parking and storage.
(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
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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.
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 § 1101.09 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 § 1101.10 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.
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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:
(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.
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
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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:
(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)
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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:
(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
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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.
(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.
C. 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
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information required in § 1101.06 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.
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 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
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elevation
Subd. 2. Public transportation facilities. Railroad tracks, roads, and bridges to be
located within the floodplain must comply with §§ 1101.04 and 1101.05 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.
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
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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.
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
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vehicle and all accessory structures will then be treated as new structures subject to
the elevation and floodproofing 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.
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
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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.
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.
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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:
(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;
(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;
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(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 flood plain management program for the area;
(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.
Subd. 4. Conditional uses.
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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
(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 floodproofing
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)
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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 floodproofing techniques (i.e., FP1 thru FP4 floodproofing
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 §§ 1101.04 or 1101.05 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 manpower or labor.
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,
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as defined in § 1101.02 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 party 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.
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
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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)
1101.14 VIOLATIONS.
Subd. 1. Violation of the provisions of this chapter or failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor
and shall be punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the City of Shorewood from taking
other lawful action as is necessary to prevent or remedy any violation. The actions
may include but are not limited to:
a. In responding to a suspected ordinance violation, the Zoning
Administrator and Shorewood may utilize the full array of enforcement actions
available to it, including, but not limited to prosecution and fines, injunctions,
after - the -fact permits, orders for corrective measures or a request to the National Flood
Insurance Program for denial of flood insurance availability to the guilty party.
Shorewood must act in good faith to enforce these official controls and to correct
ordinance violations to the extent possible so as not to jeopardize its eligibility in the
National Flood Insurance Program.
b. When an ordinance violation is either discovered by or brought to
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the attention of the Zoning Administrator, the Zoning Administrator shall immediately
investigate the situation and document the nature and extent of the violation of the
official control. As soon as is reasonably possible, this information will be submitted to
the appropriate Department of Natural Resources and Federal Emergency
Management Agency Regional Office along with Shorewood's plan of action to correct
the violation to the degree possible.
C. The Zoning Administrator shall notify the suspected party of the
requirements of this chapter and all other official controls and the nature and extent of
the suspected violation of these controls. If the structure or use is under construction or
development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the
construction or development is already completed, then the Zoning Administrator may
either:
(1) Issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or structure into compliance with
the official controls; or
(2) Notify the responsible party to apply for an after - the -fact
permit /development approval within a specified period of time not to exceed 30 days.
d. If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time, each additional day that lapses
shall constitute an additional violation of this chapter and shall be prosecuted
accordingly. The Zoning Administrator shall also, upon the lapse of the specified
response period, notify the landowner to restore the land to the condition which existed
prior to the violation of this chapter.
(1987 Code, § 1101.14)
CHAPTER 1102
WETLAND DEVELOPMENTS
Section
1102.01 Purpose and intent
1102.02 Definitions
1102.03 Wetland Conservation Area and Map
1102.04 Conditions of development, restrictions
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1102.05
Earth change plan
1102.06
Subdivision standards
1102.07
Land area within easements
1102.08
Artificial obstructions
1102.09
Variances
1102.10
Violation
1102.11
Vehicle restrictions
1102.01 PURPOSE AND INTENT.
Subd. 1. The City of Shorewood is a residential community located on the south
shore of Lake Minnetonka and it includes within its boundaries the largest portion of
Christmas Lake, Silver Lake, Lake Mary, a portion of Lake Virginia and Galpin Lake,
together with numerous inlets, harbors, bays, wetlands, woods and valleys. The name
of this city denotes its character - -a city of shoreland, water and woods -- natural assets
its citizens hold in trust for future generations. It is in the public interest to protect these
assets against haphazard, uncoordinated and unplanned development which may
affect in some way lowlands, marshes, wetlands, swamps, lakes and watercourses
within the city.
Subd. 2. Recognizing the obligation to protect these assets and natural resource
gifts from destruction and pollution of all kinds, and in order to carry out a program of
coordinated land and water management, the following standards, prohibitions,
regulations and requirements are hereinafter set forth. In addition to the general
purposes, the specific intent of this chapter is to:
a. Reduce danger to health by protecting surface and ground water
supplies from the impairment which results from incompatible land uses by providing
safe and sanitary drainage;
b. Permit and encourage planned development land uses which will
not impede the flow of flood water or cause danger to life or property;
C. Permit and encourage land uses compatible with the preservation
of the natural vegetation and marshes which are a principal factor in the maintenance
of constant rates of water flow through the year and which sustain many species of
wildlife and plant growth;
d. Avoid fast runoff of surface waters from developed areas to prevent
pollution materials such as animal feces, motor oils, paper, sand, salt and other debris,
garbage and foreign materials from being carried directly into the nearest natural
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stream, lake or other public waters;
e. Prevent the development of structures in areas which will adversely
affect the public passage and use of creeks, marshes, lowlands and watercourses
within the city.
(1987 Code, § 1102.01)
1102.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ARTIFICIAL OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike,
pile, abutment, projection, excavation, bridge, conduit, pole, culvert, building, wire
fences, fill, other structure or matter in, along, across or projecting into the protected
wetland conservation area.
NATURAL OBSTRUCTION. Any rock, tree, gravel or analogous natural matter
that is an obstruction and has been located within the wetland conservation area by a
nonhuman cause.
SETBACK. The minimum horizontal distance between a building or structure
and the nearest edge of a wetland buffer. Distances are to be measured at ground level
from the most outwardly extended portion of any part of the structure.
WETLAND BUFFER. An area of vegetated ground cover, measuring 35 feet in
depth, abutting a wetland conservation area as provided in § 1102.03 of this code or
abutting a wetland which is protected by the Wetland Conservation Act of 1991
(hereinafter referred to as the WCA).
(1987 Code, § 1102.02) (Ord. 305, passed 8 -28 -1995)
1102.03 WETLAND CONSERVATION AREA AND MAP.
The wetland conservation area within the city, hereafter referred to as the
protected area, is defined and established to be the shoreline of Lake Minnetonka,
Galpin Lake, Christmas Lake, Lake Mary, Silver Lake, Lake Virginia and the low areas
adjoining any watercourse and drainageway or body of water subject to meandering,
flowing or overflow, including areas of marsh, wooded marsh, submerged marsh and
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inundation area as shown upon the wetlands map. The Map is made a part of this
chapter and two copies thereof shall remain on file in the office of the City
Administrator /Clerk for public inspection.
(1987 Code, § 1102.03)
1102.04 CONDITIONS OF DEVELOPMENT, RESTRICTIONS.
No filling, grading, dredging, excavation or construction shall be allowed within
the wetland conservation area if the activity is incompatible with the policies expressed
in this chapter and the preservation of those wetlands in their natural state, nor shall
the shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver
Lake and Lake Virginia be changed in any way by fill or excavation without an earth
change plan being filed by the applicant to so do and a permit issued hereunder by the
City Council for the change.
(1987 Code, § 1102.04) (Ord. 70, passed 3 -12 -1973)
1102.05 EARTH CHANGE PLAN.
Landowners or developers desiring to develop land or construct any dwelling or
any other artificial obstruction or direct the flow of water from any underground water
source, on land located within the wetland conservation area or change the shoreline of
Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver Lake and Lake
Virginia within the city, shall first submit a plan of development, hereinafter referred to
as "an earth change plan," to the City Council which shall set forth proposed provisions
for sediment control, water management, maintenance of landscaped features and any
additional matters intended to improve or maintain the quality of the environment. The
plan shall set forth proposed changes requested by the applicant and affirmatively
disclose what, if any, change will be made in the natural condition of the earth,
including loss or change of earth ground cover, destruction of trees, grade changes
and its effect, if any, upon lakes, streams, watercourses and marshes, lowlands and
wetlands in the area. The plan shall minimize tree removal, ground cover change, loss
of natural vegetation and grade changes as much as possible and shall affirmatively
provide for the relocation or replanting of as many trees as possible which are
proposed to be removed. The purpose of the earth change plan shall be to eliminate as
much as possible potential pollution, erosion and siltation.
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(1987 Code, § 1102.05) (Ord. 217, passed 7 -10 -1989)
1102.06 SUBDIVISION STANDARDS.
No part of any land within the wetland conservation area shall be platted for
residential use or any other use which will increase the danger to health, life, property
or the public welfare. Whenever a portion of the conservation area is located within the
area to be subdivided, an adequate easement in favor of the city over the lowlands
shall be required for the purpose of improving and protecting the area from drainage
and other purposes expressed in this chapter. Streets, driveways and culverts shall not
be constructed or designed so as to restrict the flow of water and the same shall be
approved by the City Council.
Subd. 1. No part of any land within the wetland conservation area shall be platted
for residential use or any other use which will increase the danger to health, life,
property or the public welfare. Whenever a portion of the conservation area is located
within the area to be subdivided, an adequate easement in favor of the city over the
lowlands shall be required for the purpose of improving and protecting the area from
drainage and other purposes expressed in this chapter. Streets, driveways and
culverts shall not be constructed or designed so as to restrict the flow of water and the
same shall be approved by the City Council.
Subd. 2. For lots created after 28 August 1995, or for those lots where a wetland
buffer strip and setback have been required as part of a subdivision development
agreement, a buffer strip shall be maintained abutting all wetland conservation areas
as provided in § 1102.03 of this code and abutting WCA wetlands.
a. It is the responsibility of the subdivider to delineate the exact
boundaries of wetland conservation areas as provided in § 1102.03 of this code and
the boundaries of WCA wetlands. Wetland delineations supplied by subdividers shall
be certified by a qualified wetland delineator approved by the U.S. Army Corps of
Engineers or the Minnesota Board of Water and Soil Resources.
b. Wetland buffer strips and structure setbacks shall apply to all
parcels of land whether or not the wetland is on the same parcel as the development.
C. Buffer strip vegetation shall be preserved and maintained in its
natural state.
d. For roadways that must be aligned either adjacent to or across
wetlands and are subject to WCA replacement requirements, additional wetland filling
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to create a buffer strip shall not be required.
e. A survey monument is required at each lot line where it crosses a
wetland buffer strip and as necessary to adequately determine the location of the
wetland buffer strip. These monuments shall remain in place after site grading of the lot
has been completed.
f. Wetland buffer strips and structure setbacks shall be as follows:
(1) Wetland buffer strip: minimum 35 feet from wetland
conservation area or WCA wetland;
(2) Structure setback: minimum 15 feet from wetland buffer
strip (fences and play equipment may encroach into the structure setback area, but not
into the wetland buffer strip).
(1987 Code, § 1102.06) (Ord. 305, passed 8 -28 -1995)
1102.07 LAND AREA WITHIN EASEMENTS.
Land area, if within the wetland conservation area designated as an easement,
shall not be credited as part of the area complying with the land use density or building
unit to land area ratio, or other similar requirements of the zoning ordinance. The
exempt land area which is not to be developed and which is designated as an
easement shall not be subject to special assessment to defray cost of municipal
improvement projects, including and not limited to water, sanitary and storm sewer
improvements.
(1987 Code, § 1102.07)
1102.08 ARTIFICIAL OBSTRUCTIONS.
If an artificial obstruction is found within the wetland conservation area, an order
shall be issued to the owner of the parcel, following ten days written notice and hearing
thereon, for removal within a reasonable time as may be prescribed by the condition
and type of artificial obstruction. If the owner shall fail to remove the artificial
obstruction, or if the owner cannot be found or determined, the city shall have the
power to make or cause the removal to be made, the cost of which shall be borne by
the owner or specially assessed against the lands in the same manner as prescribed by
law for the levy of special assessments for municipal improvements, notwithstanding §
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1102.07 herein. The special assessment shall be certified to the County Auditor for
collection in the same manner as the ad valorem real property taxes of the city.
(1987 Code, § 1102.08)
1102.09 VARIANCES.
Subd. 1. Variances may be granted by the City Council upon application therefor in
extraordinary cases, but only when the proposed use is determined to be in the public
interest and no variance shall be granted which the Council determines will or has a
tendency to:
a. Result in the placement of an artificial obstruction which will restrict
the passage of storm and flood water in a manner as to increase the height of flooding,
except obstructions approved by the Minnehaha Creek Watershed District in
conjunction with sound flood plain management;
b. Result in incompatible land uses or which would be detrimental to
the protection of surface and ground water supplies;
C. Be not in keeping with land use plans and planning objectives for
the city or which will increase or cause danger to life or property;
d. Be inconsistent with the objectives of encouraging land uses
compatible with the preservation of the natural land forms, vegetation and the marshes
and wetlands within the city.
Subd. 2. No permit or variance shall be issued unless the applicant has submitted
an earth change plan as required and set forth in § 1102.05 of this chapter.
Subd. 3. In granting any variance, the Council may attach the conditions as it
deems necessary to insure compliance with the policy or intent of this chapter.
(1987 Code, § 1102.09)
1102.10 VIOLATION.
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor.
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(1987 Code, § 1102.10) (Ord. 70, passed 3 -12 -1973) Penalty, see § 104.01
1102.11 VEHICLE RESTRICTIONS.
No person within a wetland conservation area shall:
Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on
any turf or other area not designated for parking or travel;
Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle
anywhere within a wetland conservation area;
Subd. 3. Operate a motorized vehicle;
Subd. 4. Operate any watercraft within a wetland conservation area.
(1987 Code, § 1102.11) (Ord. 209, passed 5 -9 -1988)
CHAPTER 1103
TREE PRESERVATION
Section
1103.01 Purpose and intent
1103.02 Regulations
1103.03 Penalty and enforcement
1103.01 PURPOSE AND INTENT.
It is the policy of the city to recognize and preserve existing natural resources of
the community. In its effort to maintain the wooded character of the area, the city finds
that trees provide numerous benefits, including: stabilization of the soil by the
prevention of erosion and sedimentation, reduction of stormwater runoff, improvement
of air quality, reduction of noise pollution, control of urban heat island effect, protection
and increase of property values, protection of privacy, energy conservation through
natural insulation providing habitat for birds and other wildlife and conservation and
enhancement of the city's physical and aesthetic environment. The purpose of these
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regulations is to preserve and protect significant trees or stands of trees whose loss
due to land disturbances associated with the process of development or construction
would adversely effect the city's existing natural resources. The regulations also
recognize that despite the best efforts of the city and developers and property owners,
trees will occasionally be lost in the development and construction process. In such
instances, these regulations will require replacement of trees.
(1987 Code, § 1103.01)
1103.02 REGULATIONS.
In furtherance of the purpose of this section, the City Council shall, by resolution
adopt and may, from time -to -time, amend resolutions providing for tree preservation
and replacement in situations involving development or construction.
(1987 Code, § 1103.02)
1103.03 PENALTY AND ENFORCEMENT.
Failure to comply with the provisions of the regulations shall constitute a
violation of this code; the city shall proceed to enforcement either in accordance with §
104.02.
(1987 Code, § 1103.03) (Ord. 324, passed 10 -27 -1997) Penalty, see § 104.01
Subject
Chapter
Zoning Regulations
1201
Subdivision Regulations
1202
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CHAPTER 1201
ZONING REGULATIONS
Section
1201.01 Title and application
1201.02 Definitions
1201.03 General provisions
1201.04 Administration, amendments and conditional use permits
1201.05 Administration, variances and appeals
1201.06 Administration, planned unit development
1201.07 Administration, certificate of occupancy
1201.08 Enforcement and penalties
1201.09 Establishment of zoning classifications
1201.10 R -1A, Single - Family Residential District
1201.11 R-113, Single - Family Residential District
1201.12 R -1 C, Single - Family Residential District
1201.13 R -1 D, Single - Family Residential District
1201.14 R -2A, Single and Two - Family Residential District
1201.15 R -213, Single and Two - Family Residential District
1201.16 R -2C, Single and Two - Family Residential District
1201.17 R -3A, Multiple - Family Residential District
1201.18 R -313, Multiple - Family Residential District
1201.19 R -C, Residential /Commercial District
1201.20 Reserved for future use
1201.21 Reserved for future use
1201.22 C -1, General Commercial District
1201.23 C -2, Commercial Service District
1201.24 L -R, Lakeshore Recreational District
1201.25 P.U.D., Planned Unit Development District
1201.26 S, Shoreland District
1201.01 TITLE AND APPLICATION.
Subd. 1. Title. This chapter shall be known as the "Shorewood Zoning Ordinance"
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except as referred to herein, where it shall be known as "this chapter."
Subd. 2. Intent and purpose. The intent of this chapter is to protect the public
health, safety and general welfare of the community and its people through the
establishment of minimum regulations governing development and use of land. This
chapter shall divide the city into use districts and establish regulations in regard to
location, erection, construction, reconstruction, alteration and use of structures and
land. The regulations are established to protect the use areas; to promote orderly
development and redevelopment; to provide adequate light, air and convenience of
access to property; to prevent congestion in the public right -of -way; to prevent
overcrowding of land and undue concentration of structures by regulating land,
buildings, yards and density of population; to provide for compatibility of different land
uses; to provide for administration of this chapter to provide for amendments; to
prescribe penalties for violation of the regulations; and to define powers and duties of
the city staff, the Board of Adjustment and Appeals, the Planning Commission and the
City Council in relation to the zoning ordinance.
Subd. 3. Relation to Comprehensive Plan. It is the policy of the City of Shorewood
that the enforcement, amendment and administration of this chapter be accomplished
with due consideration of the recommendations contained in the Comprehensive Plan
as developed and amended from time to time by the City Council of the city. The
Council recognizes the Comprehensive Plan as the Policy Guide responsible for
regulation of land use and development in accordance with the policies and purpose
herein set forth.
Subd. 4. Application of requirements.
a. Relationship to other laws. Where the conditions imposed by any
provision of this chapter are either more or less restrictive than comparable conditions
imposed by any other ordinance, rule or regulation of the city the ordinance, rule or
regulation which imposes the more restrictive condition, standard or requirement shall
prevail. The Zoning Administrator shall determine which is more restrictive and appeals
from the determination may be made in the manner provided herein.
b. Minimum requirement. In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and welfare.
Subd. 5. Conformance. Except as provided herein, no structure shall be erected,
converted, enlarged, reconstructed or altered, and no structure or land shall be used
for any purpose nor in any manner which is not in conformity with the provisions of this
chapter. Except as herein provided, no building, structure or premises shall hereafter
be used or occupied and no building permit shall be granted that does not conform to
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the requirements of this chapter.
Subd. 6. Uses not provided for within zoning districts. Whenever in any zoning
district a use is neither specifically permitted nor denied, the use shall be considered
prohibited. In such case, the City Council, on its own initiative or upon request, may
conduct a study to determine if the use is acceptable and if so what zoning district
would be most appropriate and make a determination as to conditions and standards
relating to development of the use. The City Council or property owner, upon receipt of
the staff study shall, if appropriate, initiate an amendment to the zoning ordinance to
provide for the particular use under consideration or shall find that the use is not
compatible for development within the city.
Subd. 7. Rules. The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
a. The singular number includes the plural, and the plural the
singular;
b. The present tense includes the past and the future tenses, and the
future the present;
C. The word SHALL is mandatory while the word MAY is permissive;
d. The masculine gender includes the feminine and neuter;
e. Whenever a word or term defined hereinafter appears in the text of
this chapter, its meaning shall be construed as set forth in the definition thereof;
f. All measured distances expressed in feet shall be the nearest tenth
of a foot.
Subd. 8. Separability. It is declared to be the intention of the city that the several
provisions of this chapter are separable in accordance with the following:
a. Other parts of this chapter. If any court of competent jurisdiction
shall adjudge any provision of this chapter to be invalid, the judgment shall not affect
any other provisions of this chapter not specifically included in the judgment;
b. Application to other party. If any court of competent jurisdiction
shall adjudge invalid the application of any provision of this chapter to a particular
property, building or other structure, the judgment shall not affect the application of the
provision to any other property, building or structure not specifically included in the
judgment.
Subd. 9. Authority. This chapter is enacted pursuant to the authority granted by the
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Municipal Planning Act, M.S. §§ 462.351 to 462.363
Subd. 10. Comprehensive revision. The Council intends this chapter to be a
comprehensive revision to the Shorewood Zoning Ordinance, as amended. Except as
otherwise provided herein, the provisions of this chapter are not intended to alter,
diminish or increase or otherwise modify any rights or liabilities existing on its effective
date. Any act done, offense committed or rights accruing or accrued or liability or
penalty incurred or imposed prior to the effective date of this chapter is not affected by
its enactment.
Subd. 11. Repeal. Ordinances 8, 15, 22, 31, 43, 50, 61, 69, 77, 94, 99, 104, 106,
107, 108, 110, 111, 116, 122, 126, 134, 137, 138, 141, 142, 144, 145, 148, 149, 150,
151, 152, 153, 159, 160, 168, 171, 174 and 177 are hereby repealed and replaced by
this chapter.
(1987 Code, § 1201.01)
1201.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ACCESSORY APARTMENT. A small apartment that meets the standards of §
1201.03, Subd. 22. of this code, and is located within and is subordinate to an
owner - occupied, single - family dwelling. An ACCESSORY APARTMENT shall not be
considered to be a dwelling unit, even if it allows fully independent living.
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building,
structure, or use, whether attached or detached, that is located upon the same lot on
which the principal main building or use is situated and which is reasonably necessary,
appropriate, and incidental to the conduct of the primary use of the principal building or
main use. Accessory buildings typically include, but are not limited to, garages, sheds,
storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory
structures typically include, but are not limited to, lights /light poles, fences, mailboxes,
and the like.
AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily
used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture or
animal or poultry husbandry.
ANTENNA SUPPORT STRUCTURE. A building, water tower or other structure,
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except a tower, which can be used for location of telecommunications facilities.
APARTMENT. A room or suite of rooms, located in a building containing three or
more similar units, which is designed for, intended for or occupied as a residence by a
single family or an individual and is equipped with cooking and sanitation facilities.
(See DWELLING - MULTIPLE- FAMILY.)
AQUIFER RECHARGE AREAS. All land surface areas which by nature of their
surface and /or subsurface characteristics are determined to contribute to the
replenishment of subsurface water supplies.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning
of engines, motor vehicles or trailers; collision service, including body, frame or fender
straightening or repair; painting; vehicle steam cleaning.
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;
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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
bluff.
d. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a
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.
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
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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 TRAILER. A trailer that transports property, materials and /or
machinery used for an occupation or enterprise by the owner, lessee, or licensee.
Personal or recreational use of a commercial trailer does not negate its designation as
commercial.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease,
rental or trade of products, goods and services.
COMMERCIAL VEHICLE. A self - propelled vehicle that travels along the ground
on wheels and transports persons, and /or transports or pulls property, materials and /or
machinery used for an occupation or enterprise by the owner, lessee, or licensee.
Personal or recreational use of a commercial vehicle does not negate its designation
as commercial.
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.
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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.
DRAINING. The removal of surface water or ground water from land.
DREDGING. To enlarge or clean out a water body, watercourse or wetland.
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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.
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.
by side.
a. DOUBLE BUNGALOW. A two - family dwelling with two units 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
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.
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ELDERLYHOUSING. 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.
FARM. (See AGRICULTURAL LAND.)
FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier
or enclosure.
IR2
FENCE- BOUNDARY LINE. All fences located within eight feet of a property
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.)
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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.
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 business, occupation, or profession engaged in by
the residents of the dwelling when conducted within the dwelling, accessory building, or
on the 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
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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.
LAND RECLAMATION. The process of the reestablishment of acceptable
topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe
conditions appropriate to the subsequent use of the land.
LOADING SPACE or BERTH. A space accessible from a street, in a building or
on a lot, for the use of vehicles while loading and unloading merchandise, materials or
passengers.
LODGING HOUSE. A building other than a hotel or motel, where for
compensation for definite periods lodging is provided for three or more persons not of
the principal family, but not including a building providing this service for more than ten
persons.
LODGING ROOM. A room rented as sleeping and living quarters but without
cooking facilities and with or without an individual bathroom. In a suite of rooms without
cooking facilities, each room which provides sleeping accommodations shall be
counted as one lodging room.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally
described, as of the effective date of this chapter, or approved by the city as a lot
subsequent to the date and which is occupied by or intended for occupancy by one
principal building or principal use together with any accessory buildings and the open
spaces as required by this chapter and having its principal frontage on a public street
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or a private street approved by the Council.
LOT. Land occupied or to be occupied by a building and its accessory buildings,
together with the open spaces as are required under the provisions of this zoning
regulation having not less than the minimum area required by this zoning ordinance for
a building site in the district in which the lot is situated and having its principal frontage
on a street or a proposed street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOT AREA PER UNIT. The lot area required by this chapter to be provided for
each family in a dwelling.
LOT, BASE. A lot meeting all the lot specifications in the zoning district in which
it is located prior to being subdivided into a two - family or quadraminium subdivision.
LOT - CORNER. A lot situated at the junction of and abutting on two or more
intersecting streets; or a lot at the point of deflection in alignment of a single street, the
interior angle of which is 135 degrees or less.
LOT DEPTH. The shortest horizontal distance between the front lot line and the
rear lot line measured from a 90 degree angle from the street right -of -way (or
tangentially on a curved street or cul -de -sac) within the lot boundaries.
LOT- DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT - INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate
ownership; except that where any portion of the lot extends into the abutting street or
water body the lot line shall be deemed to be the street right -of -way or the ordinary
high water mark.
LOT LINE - FRONT. The front of a lot shall be, for purposes of complying with
this chapter, that boundary having the least width abutting a public right -of -way or
private street.
LOT LINE - REAR. The rear of a lot shall be, for purposes of complying with this
chapter, that boundary opposite the front lot line.
LOT - THROUGH. A lot fronting on two parallel streets.
LOT - UNIT. A lot created from the subdivision of a two - family dwelling or
quadraminium, having different minimum lot size requirements than the conventional
base lots within the zoning district in which it is located.
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LOT WIDTH. The shortest horizontal distance between the side lot lines
measured at right angles to the lot depth measured at the required minimum building
setback line.
MANUFACTURED HOME. A structure, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating,
air conditioning and electrical systems contained therein; except that the term includes
any structure which meets all the requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the U.S.
Department of Housing and Urban Development and complies with the standards
established under M.S. Chapter 327.
MARINA. An area of concentrated watercraft mooring or docking, where
accessory facilities may be provided for some or all of the services as fueling, sewage
pumpout, boat launching, boat repair and boat storage; except that marina does not
mean temporary docks associated with riparian residential development if the mooring
area is of a size not to exceed the resource limitations of the site and the needs of the
residents of the development.
MASSAGE THERAPY. A scientific health care or health maintenance technique
or procedure carried out by a massage therapist involving the massaging, kneading,
rubbing, pressing, stroking, tapping, pounding, vibrating or stimulating the human skin,
muscles and tissues for no other purpose than physical fitness, health care referral,
healing relaxation and beautification.
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
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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 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.
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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.
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.
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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.
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
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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.
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.
SEMI - PUBLIC. Partially, but not entirely, owned by the public or providing a
service available to the public.
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
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acquired by statutory user as defined by Minnesota Statutes, the setback shall be
measured from a line 15 feet from the edge of the traveled surface.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and
all other construction, devices, appliances or appurtenances used for conducting
sewage or industrial waste or other wastes to a point of ultimate disposal.
SHOPPING CENTER. A group of three or more commercial establishments
planned, constructed and managed as a total entity, with customer and employee
parking provided on -site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters:
1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet
from a river or stream, or the landward extent of a flood plain designated by ordinance
on a river or stream, whichever is greater. The practical limits of shorelands may be
less than the statutory limits whenever the waters involved are bounded by natural
topographic divides which extend landward from the waters for lesser distances and
when approved by the Minnesota Commissioner of Natural Resources.
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.
SIGN -ADVERTISING. A billboard, poster panel, painted bulletin board or other
communication device which is used to advertise products, goods or services which are
not exclusively related to the premises on which the sign is located.
SIGN AREA. The total area of a sign measured at the perimeter of the surface
on which the sign is inscribed. For signs consisting of letters, figures, or symbols
applied directly onto a building or structure, the sign area shall be that area enclosed
within the smallest rectangle that can be made to circumscribe the sign.
SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name
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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.
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.
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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.
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 - 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
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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.
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
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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.
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
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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.)
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
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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.
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).
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YARD. An open space on the lot which is unoccupied and unobstructed from its
lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a
depth or width specified in the yard regulations for the zoning district in which the lot is
located.
YARD DEPTH - REAR. The mean horizontal distance between the rear line of
the building and the rear lot line.
YARD - FRONT. A yard extending across the front of the lot between the side lot
lines and lying between the front line of the lot and the nearest line of the building. (See
LOT LINE - FRONT.)
YARD - REAR. A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building. (See LOT LINE -
REAR. )
YARD - SIDE. A yard between the side line of the lot and the nearest line of the
building and extending from the required front yard to the required rear yard.
ZERO LOT LINE. A development technique in which setback requirements for
one or more sides of a lot are eliminated so that buildings are allowed to abut property
lines.
(1987 Code, § 1201.02) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991; Am. Ord. 243, passed 9 -9 -1991; Am. Ord. 261, passed 11 -30 -1992; Am.
Ord. 321, passed 5 -12 -1997; Am. Ord. 345, passed 10 -26 -1998; Am. Ord. 373 -a,
passed 7 -23 -2001; Am. Ord. 389, passed 8 -12 -2002; Am. Ord. 419, passed 1 -23 -2006;
Am. Ord. 431, passed 11 -27 -2006; Am. Ord. 459, passed 6 -22 -2009; Am. Ord. 485,
passed 11 -14 -2011; Am. Ord. 487, passed 11 -28 -2011; 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; Am. Ord. 542, passed 7 -24 -2017; Am. Ord. 544, passed
--2017)
1201.03 GENERAL PROVISIONS
Subd. 1. Nonconforming buildings, structures and uses.
a. Purpose. It is the purpose of this section to regulate nonconforming
structures and uses and to specify those requirements, circumstances and conditions
under which nonconforming structures and uses will be operated and maintained. The
zoning ordinance establishes separate uses which are permitted in that district. It is
necessary and consistent with the establishment of these districts that nonconforming
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structures and uses not be permitted to continue without restriction. Furthermore, it is
the intent of this section that all nonconforming uses shall be eventually brought into
conformity.
b. Any structure or use lawfully existing upon the effective date of this
chapter shall not be expanded, but may be continued at the size and in the manner of
operation existing upon the date except as hereinafter specified or subsequently
amended.
C. Nothing in this chapter shall prevent the placing of a
nonconforming structure into safe condition when the structure is declared unsafe by
the Building Official, unless the use is destroyed by fire or other peril to the extent of
50% of its market value, and no building permit has been applied for within 180 days of
when the property is damaged. The market value shall be determined by the City
Assessor.
d. In instances where complete compliance cannot be achieved,
nonconforming structures may be moved or rebuilt, when it can be demonstrated that
the structure has less impact on adjacent properties, and conforms substantially better
with current zoning requirements. Approval of such cases shall take into consideration
existing and proposed landscaping, sight lines, and site drainage, and shall be subject
to review and recommendation by the Planning Commission and approval by the City
Council.
e. When any lawful nonconforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter be changed to any
nonconforming use.
f. A lawful nonconforming use of a structure or parcel of land may be
changed to lessen the nonconformity of use. Once a nonconforming structure or parcel
of land has been changed, it shall not thereafter be so altered to increase the
nonconformity.
g. Any structure or use lawfully existing upon the effective date of this
chapter may be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion, unless the structure is
removed or the use discontinued for a period of more than one year, after which the
land on which the nonconformity is located shall be subject to all of the regulations
specified by these zoning regulations for the district in which the land and structures
are located.
h. Alterations may be made to a building containing lawful
nonconforming residential units when they will improve the livability thereof, provided
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they will not increase the number of dwelling units or the nonconformity.
Lawful nonconforming, single - family residential units may be
expanded, provided
(1) That the expansion does not increase the nonconformity
and complies with height and setback requirements of the district in which it is located;
(2) That if the nonconformity exists because the lot area does
not meet the minimum requirement for the district in which it is located, the expansion
shall not increase the floor area of all structures to lot area ratio to greater than 30 %.
(3) That the granting of the expansion shall not adversely affect
the aesthetics or character of the adjacent property.
(4) That any expansion shall take into consideration the
protection of light and air to the adjacent property.
(5) That in cases where a structure is too close to a lot line, the
city may require that the discrepancy be made up by enlarging the opposite required
yard space. (Example: where a building is eight feet from a side lot line in a district in
which a ten foot setback is required, the city may require a 12 foot setback on the other
side.)
Subd. 2. General building and performance requirements.
a. Purpose. The purpose of this section of the zoning ordinance is to
establish general development performance standards. These standards are intended
and designated to assure compatibility of uses; to prevent urban blight, deterioration
and decay; and to enhance the health, safety and general welfare of the residents of
the community.
b. Dwelling unit restriction.
(1) No cellar, basement, garage, tent or accessory building
shall at any time be used as an independent residence or dwelling unit, temporarily or
permanently. In residential districts recreational vehicles or equipment 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
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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;
(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
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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;
(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, structures, 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. No detached accessory building or structure shall be allowed on any lot
without a principal building to which it is accessory.
(2) No detached accessory structures shall exceed 15 feet or
one story in height.
(3) Accessory buildings and structures shall be constructed
within the buildable area of the lots as defined in § 1201.02 of this chapter except as
provided in subdivision 3c of this section.
(4) For single - family and two - family homes, no accessory
building, including attached garages, or combination of accessory buildings, but
excluding docks, shall exceed three in number, nor 1,200 square feet in area in the
R -1A, R -1 B, R -1 C, R -2A, R -213 and R -3A Districts, nor 1,000 square feet in area in the
R -1 D, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in
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§ 1201.04 of this chapter. In addition the following conditions shall apply:
(a) The total area of accessory buildings shall not
exceed the floor area of all stories above grade of the principal structure. The City
Council may grant an exception for greenhouses, as defined herein, under the following
conditions-
(i) The lot on which the greenhouse is to be
located shall contain a minimum of 80,000 square feet of area. In no case shall the lot
area be reduced to less than 80,000 square feet in area;
(ii) Side yard setbacks for the greenhouse shall
be double that required for the district in which the property is located;
(iii) The property owner shall landscape around
accessory buildings according to a landscape plan approved by the City Council;
(iv) In no case shall the total area of accessory
buildings exceed 7% of the minimum lot area for the district in which the property is
located.
(b) In no case shall the total area of accessory buildings
exceed 10% of the minimum lot area for the district in which the property is located.
(c) In evaluating the conditional use permit, the city shall
take into consideration the location of existing and proposed structures, site drainage
and landscaping.
(d) The architectural character of proposed accessory
buildings shall be similar and consistent with other buildings on the site and in the area.
(e) Properties occupied by nonconforming accessory
structures are not allowed to exceed three accessory structures, or to exceed 1,000
square feet or 1,200 square feet of accessory floor area, based upon the district in
which they are located.
Exception: An existing nonconforming accessory
structure may be allowed to remain nonconforming, and the total number of accessory
structures or the total area of accessory space may be expanded, provided that the
following can be demonstrated with respect to the nonconforming accessory structure-
(i) The applicant can demonstrate that the
structure was constructed prior to August 2, 1956. Evidence of date of construction
may include, but is not limited to, property surveys, assessor's information, aerial
photographs or affidavits from persons who lived on or near the property on or before
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August 2, 1956
(ii) The structure must be in sound structural
condition with respect to roof, walls, and foundation. If the structure requires 50% or
more replacement, the building must be removed or brought into conformity with this
code. The extent of replacement required shall be determined by the Building Official.
(iii) The applicant can demonstrate that the
structure has historic, architectural or cultural value. Specifically, the structure shall
meet one or more criteria established by the city and patterned after the National Park
Service standards for historic designation. The historic, architectural or cultural value
of the structure shall be subject to review and comment by a special ad hoc committee,
consisting of one member of the Planning Commission, City Council and Park
Commission.
(iv) The owner of the property shall enter into a
development agreement with the city, the purpose of which is to set forth what, if any,
repairs may be necessary to place the structure in good condition. The agreement
shall be recorded against the property to ensure that the structure is kept in good
condition. Repairs to the structure shall be consistent with the original architectural
style and materials of the structure. Nothing in this section shall prevent the owner
from bringing the structure into conformance with this code or removing it from the
property.
(5) Subject to the provisions of subdivision (4) above, no permit
shall be issued for the construction of more than one private detached garage structure
for each detached single - family dwelling, except on the approval of a conditional use
permit according to the provisions of § 1201.04 of this chapter. Every detached
single - family dwelling unit erected after the effective date hereof shall be so located on
the lot so that at least a two car garage, either attached or detached, can be located on
the lot.
(6) Every detached single - family dwelling unit erected after the
effective date hereof shall be so located on the lot so that at least a two car garage,
either attached or detached, can be located on the lot.
(7) No accessory uses or equipment, such as air conditioning
cooling structures or condensors, which generate noise may be located in a required
side yard setback, except for side yards abutting streets where equipment is fully
screened from view.
e. Drainage plans
(1) In the case of all multiple - family and nonresidential
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developments, detailed grading and drainage plans shall be submitted to the City
Engineer for his or her review and the final drainage plan shall be subject to his or her
written approval.
(2) In the case of single - family lots where no drainage plan has
been approved by the city, the Building Official shall determine the need for a drainage
plan. In any case where the first floor of the structure is lower than the elevation of the
street or where the lowest level of the structure is below the elevation of the sanitary
sewer, detailed grading and drainage plans shall be submitted to the City Engineer for
his or her review and approval.
f. Fences - general requirements.
(1) Permit required. No person, firm or corporation shall
construct or erect any fence without first securing a building permit.
(2) Locations. All fences shall be located entirely upon the
property of the fence owner unless the owner of the adjoining property agrees, in
writing, that the fence may be erected on the property line of the respective properties.
No boundary line fence shall be erected closer than three feet to an existing parallel
boundary line fence.
(3) Surveys. The Building Official may require an applicant for a
fence permit to establish his or her true boundary line by a survey thereof to be made
by a registered land surveyor.
(4) Construction and maintenance. Every fence shall be
constructed in a substantial, workmanlike manner and of material reasonably suited for
the purpose for which the fence is proposed to be used. Every fence shall be
maintained in the condition as to not become a hazard, eyesore or public or private
nuisance. All fences shall be so constructed that the finished side faces away from the
fence owner's lot. Any fence which endangers the public safety, health or welfare shall
be considered a public nuisance and abatement proceedings may be instituted by the
proper city official if within 15 days after notification the owner of the fence has not
undertaken the necessary repairs himself or herself to abate the nuisance. Link fences,
where permitted, shall be constructed in a manner that no barbed ends shall be at the
top.
(5) Nonconforming fences. All fences existing on the date of the
adoption of this chapter, but not conforming herewith, except as to height restrictions,
shall conform and be subject to the terms of this chapter. If at any time a
nonconforming fence shall be damaged to the extent of more than 25% in any plane,
then without further action by the Council, the fence shall, from and after the date of the
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damage, be subject to all the regulations specified by these zoning regulations. Any
fence which is damaged to an extent of less than 25% may be restored to its former
extent. It is the intent of this section that all nonconforming fences shall be eventually
brought into conformity.
(6) Prohibited fences. Electric fences shall not be permitted
except in conjunction with the issuance of a horse permit pursuant to Chapter 702 of
this code and shall be removed upon expiration or revocation of a horse permit. Barbed
wire fences shall not be permitted except as hereinafter provided. Fences of the picket,
rail or slat types shall be so constructed that the spaces between the pickets, rails or
slats shall be greater than 12 inches or less than six inches. Wire fences which are not
readily visible shall be prohibited except where attached to a wooden or other fence of
opaque material which is itself plainly visible.
(7) Required fences, swimming pools. Outdoor swimming pools
with a capacity of 1,500 gallons or with a depth of three feet or more of water shall be
adequately fenced to prevent uncontrolled access from the street or adjoining property.
The pools shall be completely enclosed by a nonclimbable fence at least four feet in
height.
(8) Shoreline fences. No fence shall be allowed within the
shoreline setback area as specified in § 1201.26 Subd. 5a(3) of this chapter. In
addition, fences on or adjacent to the shoreline of any navigable lake, channel or
stream or on or along that portion of a lot line extending from a navigable lake, channel
or stream to the near side of the average building construction line, shall not exceed
four feet in height.
(9) Residential District fences.
(a) Boundary line fences. In all parts of Shorewood which
are zoned residential, no boundary line fences shall exceed four feet in height, except
that-
(i) Fences on all corner lots erected within 30 feet
of the intersecting property line shall be subject to subdivision 2h of this section;
(ii) Fences along any rear property line which is
also the rear property line of an abutting lot shall not exceed six feet in height;
(iii) Fences along a rear property line, which line
constitutes the side lot line of an abutting lot shall not exceed six feet in height for a
distance as calculated in (iv) below and shall not exceed four feet in height when
abutting a front yard line;
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(iv) Subject to other restrictions within this section,
fences may be constructed to a height of six feet on or along the side yard property line
from the rear lot line to the required front yard setback line;
(v) In those instances where a fence exists as an
enclosure which restricts access from the front to the rear yard, a gate, identifiable
collapsible section or other means of recognizable ingress shall be provided for
emergency vehicles. The ingress shall be unobstructed and a minimum of ten feet in
width. The location of the ingress points shall be positioned at any point paralleling the
front lot line, between the side lot property line and the principal structure;
(vi) All boundary line fences in residential districts
shall be constructed in a manner that at least 25% of the plane between the ground
and the top of the fence constructed is open;
(vii) Fences in yards abutting an
intermediate arterial or minor arterial street, as designated in the Shorewood
Comprehensive Plan, may be constructed to a height of six feet in a front or side yard
abutting the arterial street, by conditional use permit as provided for in § 1201.04. In
addition the following conditions shall apply:
A. The fence shall be located no closer
than eight feet to the property line;
B. A landscape plan for the
above - referenced eight foot setback area must be submitted in compliance with §
1201.03 subd. 2.g. of this chapter;
visibility.
C. The fence shall not obstruct traffic
(b) Interior yard fences.
(i) Any fence erected within any portion of the
required front yard shall not exceed four feet in height and shall be at least 25% open.
(ii) Within a rear yard, at a point eight feet beyond
any property line, a solid fence up to six feet in height may be erected as a total
enclosure. The enclosure shall not exceed 25% of the required rear yard area and shall
have adequate means of emergency access.
(iii) Chain link or woven wire fences (without slat
screens, canvas or other screening material opaque in nature) used for the enclosure
of tennis courts or other recreational purposes shall not exceed ten feet in height.
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(10) Commercial District fences. Fences in all Commercial
Districts shall not exceed eight feet in height, except that:
(a) Boundary line fences abutting R Districts shall
conform to those regulations applicable to the R District;
(b) Security fences-
(i) Fences which are erected primarily to secure a
particular area may have "arms" not to exceed 36 inches in length, located a minimum
of six feet and a maximum of eight feet above ground level, on which arms barbed wire
may be strung;
(ii) A survey establishing the true boundary line
must be made by a registered land surveyor and submitted to the city;
(iii) Fence arm extensions may not extend across
an abutting property line or over any public right -of -way;
(c) Fences erected within the required front yard area
shall not exceed six feet in height and shall be of a chain link or woven wire
construction which affords maximum visibility.
(11) Special purpose fences. Fences for special purposes and
fences differing in construction, height or length may be permitted in any district in the
city by issuance of a conditional use permit.
(12) Fence height. The height of fences prescribed herein shall
be considered to be the maximum height allowed. Fence posts may extend above the
specified height by no more than eight inches.
g. Required screening and landscaping.
(1) General residential. Any portion of a lot that is disturbed by
grading or construction activities must be restored by seeding, sodding or landscaping
to prevent erosion. If restoration cannot be completed within the growing season for
which a certificate of occupancy is requested, the property owner shall enter into an
escrow agreement with the city and submit a cash escrow or letter of credit for one and
one -half times the estimated amount of the restoration to guarantee completion of the
restoration early in the following growing season.
(2) Semi - public and all income - producing property uses. Prior to
approval of a building permit, all semi - public and income - producing property uses shall
be subject to a mandatory Landscape Plan requirement. The Landscape Plan must be
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developed with emphasis on the following areas
(a) The boundary or perimeter of the subject site at
points adjoining a public right -of -way, other property and the immediate perimeter of
the structure;
(b) Where any nonresidential use (for example,
structure, loading area, parking or storage) abuts property zoned for residential use,
the nonresidential use shall provide screening along the boundary of the residential
property. The screening shall consist of landscaping at least as deep as the required
setback for the subject site and of sufficient density to provide a visual screen and
reasonable buffer;
(c) Fencing may also be installed, in conjunction with,
but not in lieu of landscaping. The design and materials used in constructing a required
screening fence shall be subject to the approval of the City Council in conjunction with
site plan review as provided for in § 1201.03, Subd. 17 of this code. The screening
required herein may consist of a solid fence or wall constructed from masonry, brick,
wood and /or steel. The fence or wall shall be of a height determined necessary by the
City Council. Screening shall not extend within 15 feet of any street and shall be placed
along the property line, or in the case of screening along a street, 15 feet from the
street with landscaping (trees, shrubs, grass and other planting) between the screening
and the boulevard;
(d) Planting islands shall be required where necessary to
visually break up expanses of hard surface parking areas, for safe and efficient traffic
movement and to define rows of parking. Planting islands shall occupy at least 5% of
the total parking area, including aisles and access drives;
(e) Where feasible, landscape plans shall take
advantage of existing vegetation on the site. Landscape plans must include a tree
preservation and reforestation component consistent with Shorewood's Tree
Preservation and Reforestation Policy, as may be amended.
(3) Financial guarantee.
(a) The city shall be provided with a financial security
such as a certificate of deposit, letter of credit or cash deposit prior to approval of the
Landscaping Plan or initiation of work on the proposed improvement or development.
The financial security shall guarantee conformance and compliance with the provisions
of this section and, where applicable, the conditions of any conditional use permit or
variance.
(b) The financial security shall be in an amount to be
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determined by the Zoning Administrator, but no less than one and one -half times the
amount determined by the Zoning Administrator for completion of the required
screening and /or landscaping.
(c) The financial security shall be in force at least two
growing seasons after the completion of the required landscaping to insure proper
planting and growth.
(4) Standards and criteria. All landscape plans shall conform to
the following standards and criteria.
(a) Minimum size. All plants must at least equal the
following minimum sizes at time of planting:
Tree Type
PottedBare Root*
Balled and
Burlaped
Shade trees
2'/2 in. caliper
2'/2 in. caliper
Ornamental trees (Flowering Crab,
Russian Olive, Hawthorn and the like)
6 - 7 ft.
2 in. caliper
Evergreen trees
6ft.
Tall shrubs and hedge material
(evergreen or deciduous)
3 - 4 ft.
Low shrubs
18 - 24 in.
* Mode is dependent upon time of planting season, availability and site
conditions (includes both natural (soils, climate, ground water and the like)
and manmade (irrigation, grading and the like) influences).
(b) Spacing.
(i) Plant material centers shall not be located
closer than three feet from the fence line or property line and shall not be planted to
conflict with public plantings, sidewalks, trails, fences, parking areas and driveways
based on the judgment of the Zoning Administrator.
(ii) Where plant materials are planted in two or
more rows, plantings shall be staggered in rows unless otherwise approved by the
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Zoning Administrator.
(iii) Deciduous trees intended for screening shall
be planted not more than 40 feet apart. Evergreen trees intended for screening shall be
planted not more than 15 feet apart.
(iv) Where massing of plants or screening is
intended, large deciduous shrubs shall be planted four feet on center or closer and /or
evergreen shrubs shall be planted three feet on center or closer.
(v) Trees suitable for complying with this section
shall be consistent with those specified in the Shorewood Tree Preservation and
Reforestation Policy, as may be amended, or as approved by the Zoning Administrator.
Plant materials shall be varied so as to provide year -round interest and effective
screening where required. All plant materials must comply with the standards of the
American Nurseryman's Association.
(c) Design (except for pond slopes which shall be subject
to the review and approval of the City Engineer):
(i) The landscape plan must show some form of
designed site amenities (including, composition of plant materials and /or creative
grading, decorative lighting, exterior sculpture and the like) which are largely intended
for aesthetic purposes;
(ii) All areas within the property lines (or beyond,
if site grading extends beyond) shall be treated. All exterior areas not paved or
designated as roads, parking or storage must be planted into ornamental vegetation
(lawns, ground covers or shrubs) unless otherwise approved by the Zoning
Administrator;
(iii) Turf slopes in excess of three to one are
prohibited;
(iv) All ground areas under the building roof
overhang must be treated with a decorative mulch and /or foundation planting;
(v) All buildings must have an exterior water
spigot or irrigation system to ensure that landscape maintenance can be accomplished;
(vi) Trees and shrubs shall not be planted in the
right of way except for designated parkways and streets as determined by the City
Council;
(vii) All plants required as part of an approved
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landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in
accordance with the approved landscape plan;
(viii) Earth mounds, compact evergreen or dense
deciduous hedge five feet to six feet in height, together with over -story and understory
trees or other plantings may be required in addition to or in lieu of screening.
(5) Landscape Plan, submission requirements. The landscape
plan required by this section shall be to scale and include the following information:
architect /designer;
(a) General-
(i) Name and address of developer /owner;
(ii) Name and address of landscape
(iii) Date of plan preparation;
(iv) Date and description of all revisions;
(v) Name of project or development;
(b) Site information-
(i) North arrow and graphic scale;
(ii) Property boundaries;
(iii) Name and alignments of proposed and existing
adjacent streets;
(iv) Existing and proposed easements and
rights -of -way;
surface;
(v) Existing and proposed structures;
(vi) Topographic contours at two -foot intervals;
(vii) Existing and proposed parking areas;
(viii) Existing wetlands and water bodies;
(ix) Proposed sidewalks;
(x) Percent of site not covered by impervious
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(c) Tree inventory consistent with the Shorewood Tree
Preservation and Reforestation Policy, as may be amended;
foundation plantings;
(d) Landscape proposal-
(i) Proposed site grading;
(ii) Details of proposed planting beds and
(iii) Delineation of both sodded and seeded areas;
(iv) Location and identification of proposed
landscape or man -made materials used to provide screening from adjacent properties;
(v) Where screening is required, a cross - section
drawing illustrating the effectiveness of proposed screening;
(vi) Location, size, spacing and species of all trees
and plant materials;
(vii) Details of fences, retaining walls, planting
boxes, berms and other landscape improvements, including cross - section drawings;
materials;
(viii) Location and details of landscape islands;
(f) The planting schedule is a table containing-
(i) Common and botanical names of all plant
(ii) Quantities;
(iii) Root specifications;
(iv) Special planting instructions;
(v) Proposed planting dates;
(g) A plan identifying aggressive or invasive exotic plants
as described in Minnesota Non - Native Terrestrial Plants: An Identification Guide for
Resource Managers and a program for eradicating or managing the exotic plants.
(6) Screening of mechanical equipment. All rooftop and ground
mounted mechanical equipment of residential buildings having five units or more and of
nonresidential buildings shall comply with the following standards:
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(a) All rooftop and ground mounted mechanical
equipment shall be screened so as to mitigate noise in compliance with Subd. 2.m. of
this section;
(b) All rooftop and ground mounted mechanical
equipment shall be designed (including exterior color) and located so as to be
aesthetically harmonious and compatible with the building. Screening of and
landscaping around the equipment may be required where the design, color and
location of the equipment are found to not effectively buffer noise or provide aesthetic
harmony and compatibility. Screening shall be constructed of durable materials which
are aesthetically compatible with the structure and which may be an integral part of the
structure. Applicable requirements for access to the equipment shall be observed in the
design and construction of the screening;
(c) Rooftop mechanical equipment less than three feet in
height may be exempt from screening requirements by the Zoning Administrator.
h. Traffic visibility. On corner lots in all districts, no structure or
planting in excess of 30 inches above the street center line grade shall be permitted
within a triangular area defined as follows: beginning at the intersection of the projected
property lines of two intersecting streets, thence 30 feet along one property line, thence
diagonally to a point 30 feet from the point of beginning.
i. Glare. Any lighting used to illuminate an off - street parking area,
sign or other structure shall be arranged as to deflect light away from any adjoining
residential zone or from the public streets. Direct or sky - reflected glare, where from
floodlights or from high temperature processes such as combustion or welding shall not
be directed into any adjoining property. The source of lights shall be hooded or
controlled in some manner so as not to light adjacent property. Bare incandescent light
bulbs shall not be permitted in view of adjacent property or public right -of -way. Any light
or combination of lights which cast light on a public street shall not exceed one
foot - candle (meter reading) as measured from the center line of the street. Any light or
combination of lights which cast light on residential property shall not exceed
four - tenths (A) foot - candles (meter reading) as measured from the adjoining residential
property line.
j. Smoke. The emission of smoke by any use shall be in compliance
with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules
Chs. 7009, 70117 7017 and 7019, as amended.
k. Dust and other particulate matter. The emission of dust, fly ash or
other particulate matter by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 70117 7017
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and 7019, as amended.
I. Odors. The emission of odor by any use shall be in compliance
with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules
Chs. 7009, 7011, 7017 and 7019, as amended.
M. Noise. The emission of noise by any use shall be in compliance
with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules
Chapter 7030, as amended.
n. Refuse.
(1) Except for single - family and two - family dwellings, all
buildings having exterior trash receptacles shall provide an enclosed area in
conformance with the following:
(a) The enclosed trash receptacle shall be located in the
rear or side yard, but not in a side yard abutting a street, no closer to the public
right -of -way than the principal structure. If the enclosure is higher than six feet, it shall
comply with the setback requirements of the zoning district in which it is located.
(b) The trash enclosure shall be in an accessible location
for servicing vehicles, and shall not interfere with site circulation.
(c) The trash receptacles must be fully screened from
view of adjacent properties and the public right -of -way.
(d) The design and construction of the trash enclosure
shall be subject to the approval of the Zoning Administrator. The enclosure may consist
of construction of a man -made barrier, or landscaping, or both. Where the enclosure
consists of landscaping, vegetation shall be of sufficient size, density and type so as to
provide a year -round visual barrier. Man -made enclosures shall be of solid, durable
construction, using materials that complement the materials of the principal structure.
Required screening shall be consistent with § 1201.03, Subd. 2.g. of this code.
(e) Recycling space must be provided as required by the
State Building Code.
(f) The owner of any property subject to the
requirements of this section shall construct or install a trash enclosure on or before
July 1, 2011.
(2) Motor vehicles not currently licensed by the state, or which
are, because of mechanical deficiency, incapable of movement under their own power,
parked or stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are
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considered refuse or junk and shall be disposed of. The outdoor storage of junk in
yards in all residential districts shall be considered to be a nonconforming use and
shall be removed.
o. Exterior storage. All materials and equipment except as provided
for in §§ 1201.09 through 1201.26 of this chapter shall be stored within a building or
fully screened so as not to be visible from adjoining properties, except for the following:
(1) Clothes line poles and wires;
(2) Recreational equipment and vehicles;
(3) Construction and landscaping materials currently being
used on the premises;
(4) Off - street parking of passenger vehicles and trucks not
exceeding a gross capacity of 12,000 pounds in residential areas.
p. Waste material. Waste material resulting from or used in
commercial servicing, processing or trimming shall not be washed into the public storm
sewer system nor the sanitary sewer system, but shall be disposed of in a manner
approved by the Minnesota State Fire Marshall and the Pollution Control Agency.
q. Bulk storage (liquid). All uses associated with the bulk storage of all
gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with the
requirements of the Minnesota State Fire Marshal's and Minnesota Department of
Agriculture Offices and have documents from those offices stating the use is in
compliance.
r. Radiation emission. All activities that emit radioactivity shall comply
with the minimum requirements of the Minnesota Pollution Control Agency.
S. Electrical emission. All activities which create electrical emissions
shall comply with the minimum requirements of the Federal Communications
Commission.
t. Business hours. Any commercial use that is regularly open for
business or involves other significant, outdoor activity during any hour between 10:00
p.m. and 7:00 a.m. must obtain a conditional use permit, as regulated by § 1201.04 of
this code, subject to the following conditions:
(1) No off - street loading shall occur within 200 feet of a
residential district boundary during the hours between 10:00 p.m. and 7:00 a.m. Trucks
parked, with motors shut off, before 10:00 p.m. may be offloaded between the hours of
10:00 p.m. and 7:00 a.m., provided that any noise associated with the offloading does
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not create a nuisance for adjacent residential uses;
(2) Movement of sweeping vehicles, garbage trucks,
maintenance trucks, shopping carts and other service vehicles and equipment is
prohibited within 200 feet of a residential district boundary between the hours of 10:00
p.m and 7:00 a.m.;
(3) Outdoor speaker systems or other public address systems
which can be heard outside are not allowed to be used between the hours of 10:00
p.m. and 7:00 a.m.;
(4) All lighting not reasonably required for security or for
business operations (within 100 feet of the main entrance to the building) must be
turned off between the hours of 10:00 p.m. and sunrise.
U. Impervious surface. Except as provided in (4), below, the maximum
ratio of impervious surface to lot area for all lots in the "S ", Shoreland zoning district
shall be 25 %. The maximum ratio of impervious surface to lot area for all lots that are
not subject to "S" district requirements shall be as follows:
(1) Residential uses in the R -1A through R -313 zoning districts:
33 %;
(2) Governmental and public regulated utility buildings
necessary for the health, safety and general welfare of the community; public or
semi - public recreational buildings, neighborhood or community centers; public and
private educational institutions; and religious institutions in the R -1A through R -313
zoning districts: 66 %, provided that:
(a) Improvements that will result in an increased rate of
runoff directly entering a public water shall have all structures and practices in place for
the collection and treatment of storm water runoff in compliance with the Shorewood
Comprehensive Water Resources Management Plan, as may be amended;
(b) Measures for the treatment of storm water runoff
and /or prevention of storm water from directly entering a public water include such
appurtenances as sediment basins (debris basins, desilting basins, or silt traps),
installation of debris guards and microsilt basins on storm water inlets, oil skimming
devices, and the like;
(3) Commercial districts (R -C through C -1), not located in the
"S ", Shoreland District: 66 %, provided that:
(a) The proposed development of the site complies with
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all setback requirements for the district in which it is proposed;
(b) Improvements that will result in an increased rate of
runoff directly entering a public water shall have all structures and practices in place for
the collection and treatment of storm water runoff in compliance with the Shorewood
Comprehensive Water Resources Management Plan, as may be amended;
(c) Measures for the treatment of storm water runoff
and /or prevention of storm water from directly entering a public water include such
appurtenances as sediment basins (debris basins, desilting basins, or silt traps),
installation of debris guards and microsilt basins on storm water inlets, oil skimming
devices, and the like;
(d) The maximum ratio of impervious surface to lot area
ratio shall not exceed 75 %.
(4) Commercial districts (R -C through C -1) and Lakeshore
Recreational (L -R): located in the "S ", Shoreland District: 25 %. A conditional use
permit may be granted to exceed 25 %, provided that:
(a) The proposed development complies with the
requirements set forth in (3)(a -d), above;
(b) The treatment measures referenced in (3)(c), above,
shall be consistent with the National Urban Runoff Program (NURP) guidelines,
including, but not limited to, the removal of 90% of total suspended solids and the
removal of 60% total phosphorous.
(5) Planned Unit Development (PUD) districts shall be
regulated based upon the various uses within the PUD. Residential portions of the
PUD shall be subject to the provisions of (1) above. Commercial portions of the PUD
shall be subject to the provisions above.
Subd. 3. Yard requirements.
a. This section identifies general yard requirements to be provided for
in all zoning districts and exceptions thereto.
b. No lot, yard or other open space shall be reduced in area or
dimension so as to make the lot, yard or open space less than the minimum required by
this chapter, and if the existing yard or other open space as existing is less than the
minimum required, it shall not be further reduced. No required open space provided
about any building or structure shall be included as part of any open space required for
another structure.
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C. The following shall not be considered as encroachments on
required yard setbacks for all lots:
(1) Chimneys, flues, belt courses, sills, pilasters, lintels,
ornamental features, cornices, eaves, gutters and the like, provided they do not project
more than two feet into a required yard;
(2) For a detached, single - family, two - family or townhouse
dwelling in any residential zoning district, ramps and other devices for access to
buildings and sites by disabled persons, in compliance with the Americans with
Disabilities Act, may encroach into any required front, side or rear setback, provided
that a front setback of not less than 20 feet, a rear setback of 20 feet, and side
setbacks of not less than five feet shall be maintained.
For a detached, single - family, two - family or townhouse
dwelling constructed prior to May 19, 1986:
(a) A one - story, enclosed entrance may extend into the
front yard setback not more than four feet. The entrance shall not exceed six feet in
width.
(b) A one - story, open portico may extend into the front
yard setback not more than four feet, provided-
(i) The length of the portico shall not exceed 50%
of the width of the silhouette of the building, excluding eaves, as viewed from the street;
and
(ii) This area shall not be enclosed nor screened
with mesh, glass or other similar material, except for guardrails no higher than 42
inches and at least 60% open.
(3) Terraces, steps, stoops or similar features, but not including
porches or balconies in front or rear yards, provided they don't extend above the
entrance floor level of the building or more than four and one -half feet into the required
yard.
(4) Laundry drying and recreational equipment, arbors, trellises,
in rear yards to a point no closer than five feet from any lot line.
(5) One detached accessory building not exceeding eight feet in
height, nor 100 square feet in area in the rear yard to a point no closer than five feet
from any lot line.
(6) The minimum rear yard setback for swimming pools shall be
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60% of that which is required for the zoning district in which the pool is located. No
part of any pool, including guardrails, shall exceed six feet above grade in height.
Decking, patios and pool aprons shall not encroach into the required rear yard setback
area. Rear yard setbacks for lakeshore lots shall be as provided in § 1201.26 of this
chapter.
(7) For residential districts, one recreational vehicle or piece of
equipment may be stored in required front yards; provided, that it is located within an
approved driveway, it does not take up required parking space as provided in
subdivision 5h of this section, it is currently licensed and operable and it is located no
closer than 15 feet from the paved surface of the street. This provision shall only apply
when there is no practical way to store the vehicle or equipment within the buildable
area of the lot.
(8) For cemeteries, grave sites may be located within front
yards and side yards abutting streets, no closer than 15 feet from the public
right -of -way. Monuments for grave sites within front yards or side yards abutting
streets shall be limited to headstones flush with the ground.
(9) Storage of trash receptacles for single - family and two - family
dwellings may extend into a required front yard setback or required side yard setback
abutting a street no more than five feet. Trash receptacles may be placed adjacent to
the street, 12 hours prior to the designated refuse collection day, and must be removed
no later than 12 hours after the designated refuse collection day.
(10) Air conditioning and heating equipment shall not be located
within drainage and utility easements. Air conditioning and heating equipment on
residential shoreline lots may encroach into required side yards, but no closer than ten
feet from the side lot line.
d. Where adjacent residential structures within the same block have
front yard setbacks different from those required, the front yard minimum setback shall
be the average of the adjacent structures. If there is only one adjacent structure, the
front yard minimum setback shall be the average of the required setback and the
setback of the adjacent structure. In no case shall the required front yard setback
exceed that required minimum established within the districts of this chapter.
Subd. 4. General area and building size regulations.
a. Purpose. This section identifies general area and building size
requirements and exceptions to general height requirements in each zoning district.
b. Useable open space. Each multiple - family dwelling site shall
contain at least 500 square feet of useable open space as defined in § 1201.02 of this
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chapter for each dwelling unit contained thereon.
C. Height.
(1) The building height limits established herein for districts
shall not apply to the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Church spires;
(d) Cooling towers, mechanical and air conditioning
equipment when screened from view;
space;
(e) Cupolas and domes which do not contain useable
(f)
Elevator penthouses;
(g)
Flagpoles;
(h)
Monuments;
(i) Parapet walls extending not more than three feet
above the limiting height of the building;
(j) Water towers;
(k) Poles, towers and other structures for essential
services subject to subdivision 10 of this section;
(1) Television and radio antennas not exceeding 20 feet
above the roof. Exception: ham radio antennas over 20 feet may be allowed by
conditional use permit as provided for in § 1201.04 of this chapter, provided that-
(i) The ham radio must be licensed by the
Federal Communications Commission (FCC);
permit;
buildable area of the lot;
(ii) Construction of the antenna requires a building
(iii) The antenna must be located within the
(iv) The antenna must be fenced or so designed
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as to be difficult to climb;
(2) The requirements of Minn. Rules 8800.1200 (Criteria for
Determining Air Navigation Obstructions), as may be amended, are hereby adopted by
reference.
d. Roof equipment. No excluded roof equipment or structural
element extending beyond the limited height of a building may occupy more than 25%
of the area of the roof nor shall the equipment exceed ten feet in height unless
otherwise noted.
e. Efficiency apartments. Except for elderly housing, the number of
efficiency apartments in a multiple dwelling shall not exceed 5% of the total number of
apartments.
f. Minimum floor area - commercial structures. Commercial buildings
(principal structure) having less than 1,000 square feet of floor area may only be
allowed upon approval of a conditional use permit as provided for in § 1201.04 of this
chapter, provided that:
(1) The structure is built on a lot with a minimum lot area of no
less than 10,000 square feet;
(2) Adequate on -site parking is provided;
(3) The architectural character of the building is similar in
character to buildings in the surrounding area.
Subd. 5. Off - street parking requirements.
a. Purpose. The purpose of the off - street parking regulations is to
alleviate or prevent congestion of the public right -of -way and to promote the safety and
general welfare of the public by establishing minimum requirements for off - street
parking of motor vehicles in accordance with the utilization of various parcels of land or
structures.
b. Application of off - street parking regulations. The regulations and
requirements set forth herein shall apply to all off - street parking facilities in all of the
zoning districts of the city.
C. Site plan drawing necessary. All applications for a building or an
occupancy permit in all zoning districts shall be accompanied by a site plan drawn to
scale and dimensioned indicating the location of off - street parking and loading spaces
in compliance with the requirements set forth in this subdivision and subdivision 2d of
this section. No permit shall be issued for the construction of more than one private
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detached garage structure for each detached single - family dwelling, except on the
approval of a conditional use permit according to the provisions of § 1201.04 of this
chapter. Every detached single - family dwelling unit erected after the effective date of
this chapter shall be so located on the lot so that at least a two car garage, either
attached or detached in conformance with this chapter, can be located on the lot.
d. General provisions.
(1) Floor area. Except as hereinafter may be provided, the term
FLOOR AREA, for the purpose of calculating the number of off - street parking spaces
required, shall be determined on the basis of the exterior floor area dimensions of the
building, structure or use times the number of floors, minus 10 %.
(2) Reduction of existing off - street parking space or lot area.
Off- street parking spaces or area upon the effective date of this chapter shall not be
reduced in number or size unless the number or size exceeds the requirements set
forth herein for a similar new use.
(3) Nonconforming structures. Should a nonconforming
structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere
permitted in these zoning regulations, except that in doing so, any off - street parking or
loading space which existed before shall be retained. Where possible, parking and
loading shall be brought into conformance with this chapter.
(4) Change of use or occupancy of land. No change of use or
occupancy of land already dedicated to a parking area, or parking spaces, shall be
made, nor shall any sale of land, division or subdivision of land be made which reduces
area necessary for parking, parking stalls or parking requirements below the minimum
prescribed by this chapter.
(5) Change of use or occupancy of buildings. Any change of use
or occupancy of any building or buildings, including additions thereto requiring more
parking area, shall not be permitted until there is furnished the additional parking
spaces as required by this chapter.
(6) Off - street parking facilities to incidental residential use.
Off - street parking facilities incidental to residential use shall be utilized solely for the
parking of currently licensed and operable passenger automobiles, no more than one
truck not to exceed gross capacity of 12,000 pounds and recreational vehicles and
equipment. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial vehicles or equipment or
for the parking of automobiles belonging to the employees, owners, tenants or
customers of business or manufacturing establishments.
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(7) Calculating space.
(a) When determining the number of off - street parking
spaces results in a fraction, each fraction of one -half or more shall constitute another
space.
(b) In places of public assembly in which patrons or
spectators occupy benches, pews or other similar seating facilities, each 22 inches of
the seating facilities shall be counted as one seat for the purpose of determining
requirements.
(c) Except as hereinafter may be provided, should a
structure contain two or more types of use, each use shall be calculated separately for
determining the total off - street parking spaces required.
(8) Stall, aisle and driveway design.
(a) Parking space size. Each parking space shall not be
less than nine feet wide and 20 feet in length, exclusive of access aisles. Each space
shall be adequately served by access aisles.
(b) Except in the case of single - family, two - family,
townhouse and quadraminium dwellings, parking areas and their aisles shall be
developed in compliance with the standards in the Parking Lot Dimensions Table.
PARKING LOT DIMENSIONS TABLE*
Angle of
Stall
Curb
Stall
Aisle
Angle of
Stall
Curb
Stall
Aisle
Parking
Width
Length Per
Depth
Width
Parking
Width
Length Per
Depth
Width
Car
Car
00
910"
2310"
910"
12'0"
500
910"
1119"
2015"
1210"
916"
2310"
916"
121011
916"
121511
2019"
121011
1010"
2310"
1010"
1210"
1010"
1312"
2110"
1210"
200
910"
2614"
1510"
11'0"
600
910"
1015"
2110"
1810"
916"
27110"
1516"
111011
916"
111011
2113"
1810"
1010"
2913"
15'11"
11'0"
1010"
1116"
2116"
1810"
300
910"
1810"
1714"
11'0"
700
910"
918"
2110"
1910"
916"
1910"
17'10"
11'0"
916"
1012"
2113"
1816"
1010"
2010"
1813"
1110"
1010"
1018"
2113"
1810"
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Angle of
Stall
Curb
Stall
Aisle
Angle of
Stall
Curb
Stall
Aisle
Parking
Width
Length Per
Depth
Width
Parking
Width
Length Per
Depth
Width
Car
Car
400
910"
1410"
1912"
12'0"
800
910"
912"
2014"
2410"
916"
1411011
1 9'6"
121011
916"
918"
2015"
2410"
1010"
1518"
19'11 "
12'0"
1010"
1013"
2016"
2410"
450
910"
1410"
1912"
12'0"
900
910"
910"
2010"
2210"
916"
1411011
1 9'6"
121011
916"
916"
2010"
2210"
1010"
1518"
19'11 "
12'0"
1010"
1010"
2010"
2210"
* This table pertains to a wall to wall situation. In calculating dimensions, two feet may be
subtracted from each stall depth for each overhand and overlap. No subtraction for overlap
is allowed for angles greater than 60 degrees.
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(c) Within structures, the off - street parking requirements
may be furnished by providing space so designed within the principal building or one
accessory structure; however, unless provisions are made, no building permit shall be
issued to convert the parking structure into a dwelling unit or living area or other activity
until other adequate provisions are made to comply with the required off - street parking
provisions of this chapter.
(d) Except in the case of single - family, two - family,
townhouse and quadraminium dwellings, parking areas shall be designed so that
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circulation between parking bays or aisles occurs within the designated parking lot and
does not depend upon a public street or alley. Except in the case of single, two - family,
townhouse and quadraminium dwellings, parking area design which requires backing
into the public street is prohibited.
(e) No curb cut or driveway access shall be located less
than 40 feet from the intersection of two or more street rights -of -way. Minimum distance
for commercial uses shall be 60 feet. This distance shall be measured from the
intersection of lot lines.
(f) No curb cut or driveway access shall exceed 25 feet
in width, except on the approval of the City Engineer.
(g) Curb cut or driveway openings shall be at minimum
five feet, not including curb radius, from side or rear property lines.
(h) Driveway access or curb openings on a public street
except for single, two - family, townhouse and quadraminium dwellings shall not be
located less than 40 feet from one another.
(i) The grade elevation of any parking area shall not
exceed 5 %.
(j) Each property shall be allowed one curb cut or
driveway access for each 120 feet of street frontage. All property shall be entitled to at
least one curb cut or driveway. Exception: two - family dwellings may have two
driveways.
(k) Except in the case of single - family dwellings, all
areas intended to be utilized for parking space and driveways shall be paved. Plans for
surfacing and drainage of driveways and stalls for five or more vehicles shall be
submitted to the City Engineer for his or her review and the final drainage plan shall be
subject to his or her written approval.
(1) Curbing and landscaping-
(i) Except for single - family, two - family, townhouse
and quadraminium dwellings, all open off - street parking shall have a perimeter curb
barrier of continuous poured concrete around the entire parking lot. The barrier shall
not be closer than five feet to any lot line. Grass, plantings or surfacing material shall
be provided in all areas bordering the parking area;
(ii) All commercial parking areas shall be brought
into conformance with this provision within three years of the date of enactment of this
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chapter.
(m) Where metal buildings exist on commercial property,
a perimeter curb barrier shall be provided around the building no closer than five feet to
the building wall.
(n) Except for single - family, two - family, townhouse and
quadraminium dwellings, all parking stalls shall be marked with white or yellow paint
lines not less than four inches wide.
(o) Any lighting used to illuminate an off - street parking
area shall be so arranged as to reflect the light away from adjoining property, abutting
residential uses and public rights -of -way and be in compliance with subdivision 2i of
this section.
(p) Surfacing, curbing and striping required by
paragraphs (k), (1) and (n) above may be waived or delayed for parking lots in city
parks, provided that drainage, traffic, dust control, parking demand, vehicular control
and proximity to residential development are taken into consideration and provided that
the improvements are incorporated into the city's Capital Improvements Program and
reviewed by the City Council annually.
e. Maintenance. It shall be the joint and several responsibility of the
lessee and owner of the principal use, uses or building to maintain in a neat and
adequate manner, the parking space and any required curbing, accessways, striping,
landscaping and required screening.
f. Setback area. Off - street parking areas shall conform with the
following setback provisions:
(1) In residential districts, required off - street parking shall not
be provided in required front yards (or in required side yards abutting a street in the
case of a corner lot) nor within five feet of any side or rear lot line;
(2) In the case of single - family, two - family, townhouse and
quadraminium dwellings, parking shall be prohibited in any portion of the required front
yard, except designated driveways leading directly into a garage or one open, surfaced
space located on the side of a driveway, away from the principal use. The extra space
shall be surfaced with concrete, bituminous or crushed rock material;
street surface;
(3) There shall be no off - street parking within 15 feet of any
(4) In any of the commercial districts (including the R -C District)
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no parking space shall be located within 15 feet of any front property line or in any
required side or rear yard that abuts any of the classes of residential districts. In no
instance shall parking space be located within five feet of a side or rear property line
except in the case of joint use parking areas.
g. Use of required area. Required off - street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods, storage of
inoperable vehicles as regulated by subdivision 2n of this section and /or storage of
snow.
h. Number of spaces required. The following minimum number of
off - street parking spaces shall be provided and maintained by ownership, easement
and /or lease for and during the life of the respective uses hereinafter set forth:
(1) Single- family, two - family, townhouse and quadraminium
units: two spaces per unit;
(2) Boarding house: at least one parking space for each person
for whom accommodations are provided for sleeping;
(3) Multiple - family dwellings: at least two feet free spaces per
unit;
(4) Public parks, playgrounds and playfields:
(a) Playgrounds - two spaces per acre;
(b) Playfield - ten spaces for each acre over one acre;
(c) Community parks - five spaces for each acre over
one acre;
(d) When a public recreation site has more than one use
designation, the areas must be divided for determining the required number of parking
spaces.
(5) Baseball fields: at least one parking space for each eight
seats of design capacity;
(6) Community Center, physical culture studio, personal fitness
establishments, libraries, private clubs, lodges, museums, art galleries: ten parking
spaces plus one space for each 150 square feet in excess of 2,000 square feet of floor
area in the principal structure.
(7) Convalescent home, rest home, nursing home or day
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nurseries: four spaces plus one for each three beds for which accommodations are
offered;
(8) Elderly housing: two parking spaces per unit;
(9) Office buildings, medical and dental clinics, animal hospitals
and professional offices: three spaces plus at least one space for each 200 square
feet of floor area;
(10) Bowling alleys: at least five parking spaces for each alley,
plus additional spaces as may be required herein for related uses contained within the
principal structure;
(11) Retail store, bakery, and service establishment, including
but not limited to:
(a) Catering establishment;
(b) Copy service or print shop;
(c) Dry cleaner;
(d) Employment agency;
(e) Laundromat;
(f) Massage therapy;
(g) Photography studio;
(h) Tanning salon;
(i) Veterinary clinic; and
(j) Electronic media rental and sales:
one parking space for each 200 square feet of floor
area;
(12) Retail sales and service business with 50% or more of gross
floor area devoted to storage and /or warehouses: at least eight spaces or one space
for each 200 square feet devoted to public sales or service plus one space for each
500 square feet of storage area;
(13) Restaurants, cafes and private clubs serving food and /or
drinks, bars, taverns, nightclubs: at least one parking space for each 40 square feet of
gross floor area of dining and bar area and one space for each 80 square feet of
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kitchen area. Restaurants, cafes and private clubs not serving drinks: a minimum of
five parking spaces, plus one space for each two seats of seating capacity;
(14) Undertaking establishments: at least 20 parking spaces for
each chapel or parlor, plus one parking space for each funeral vehicle maintained on
the premises. Aisle space shall also be provided off - street for making up a funeral
procession;
(15) Shopping centers: five parking spaces for each 1,000
square feet of gross leasable floor area, exclusive of restaurants and fitness centers,
which must be calculated separately, and exclusive of common areas;
(16) Swimming club or public swimming pool: 20 spaces plus
one space for each 500 square feet of floor area in the principal structure;
(17) Motels, motor hotels, hotels: one space per each rental unit
plus one space for each ten units and one space for each employee on any shift;
(18) School (public, private, day or church) - elementary and
junior high: three parking spaces for each classroom, or one space for each three
seats of seating capacity in the assembly area, whichever is greater;
(19) School (public, private, day or church) - high school through
college: two parking spaces for each classroom, plus one space for each five students,
based on design capacity, or one space for each three seats of seating capacity in the
assembly area, whichever is greater;
(20) Drive -in establishment, convenience food, delicatessen and
coffee shop: at least one parking space for each 15 square feet of gross floor area, but
not less than 15 spaces;
(21) Motor fuel station: at least four off - street parking spaces
plus two off - street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts or service shall be required
to provide additional parking in compliance with other applicable sections of this
chapter. Parking for convenience stores with accessory gas pumps shall be based
upon the principal use;
(22) Auto repair, taxi terminal, boats and marine sales and repair,
shop for a trade employing six or less people, garden supply store, building material
sales in structure: eight off - street parking spaces, plus one additional space for each
800 square feet of floor area over 1,000 square feet;
(23) Golf driving range, miniature golf, archery range: ten
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off - street parking spaces, plus one for each tee, hole or lane respectively;
(24) Manufacturing, fabricating or processing of a product or
material: one space for each 350 square feet of floor area, plus one space for each
company -owned truck (if not stored inside principal building);
(25) Warehousing, storage or handling of bulk goods: that space
which is solely used as office shall comply with the office use requirements and one
space per each 1,000 square feet of floor area, plus one space for each employee on
maximum shift and one space for each company -owned truck (if not stored inside
principal building);
(26) Car wash: (In addition to required stacking space)
(a) Automatic drive through, serviced: a minimum of ten
spaces, or one space for each employee on the maximum shift, whichever is greater;
(b) Self- service: one plus one space per stall;
(c) Motor fuel station car wash: zero in addition to that
required for the station;
(27) Commercial racquetball, handball and tennis facilities and
clubs: not less than six spaces per each court;
(28) Church, theatre, auditorium and amusement place: at least
one parking space for each three seats based on the design capacity of the main
assembly hall. Facilities as may be provided in conjunction with the buildings or uses
shall be subject to additional requirements which are imposed by this section;
(29) Marina: one space per boat slip;
(30) Other uses: other uses not specifically mentioned herein
shall be determined on an individual basis by the City Council. Factors to be
considered in the determinations shall include (without limitation) size of building, type
of use, number of employees, expected volume and turnover of customer traffic and
expected frequency and number of delivery or service vehicles;
(31) Lake and lakeshore dredging and excavation facilities: one
space for each employee on the maximum shift, plus one space for each
company -owned vehicle.
each chair;
(32) Barber or beauty shop: two and one -half parking spaces for
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(33) Commercial tutoring and learning centers: two parking
spaces for each employee on the maximum shift;
(34) Day spa: one parking space for each 200 square feet of
floor area or two spaces for each employee on the maximum shift, whichever is greater;
(35) Day care facility: one parking space for each four persons
of licensed capacity;
i. Joint facilities. The City Council may approve a conditional use
permit for one or more businesses to provide the required off - street parking facilities by
joint use of one or more sites where the total number of spaces provided are less than
the sum of the total required for each business should they provide them separately.
When considering a request for a permit, the Council shall not approve a permit except
when the following conditions are found to exist:
(1) Up to 50% of the parking facilities required for a theatre,
bowling alley, dance hall, bar or restaurant may be supplied by the off - street parking
facilities provided by types of uses specified as primarily daytime uses in paragraph (4)
below;
(2) Up to 50% of the off - street parking facilities required for any
use specified under (4) below as primarily daytime uses may be supplied by the
parking facilities provided by the following nighttime or Sunday uses; churches, bowling
alleys, dance halls, theatres, bars or restaurants;
(3) Up to 80% of the parking facilities required by this chapter
for a church may be supplied by the off - street parking facilities provided by uses
specified under (4) below as primarily daytime uses;
(4) For the purpose of this section, the following uses are
considered as primarily daytime uses: banks, business offices, personal service shops
and similar uses;
(5) Conditions required for joint use:
(a) The building or use for which application is being
made to utilize the off - street parking facilities provided by another building or use shall
be located within 300 feet of the parking facilities;
(b) The applicant shall show that there is no substantial
conflict in the principal operating hours of the two buildings or uses for which joint use
of off - street parking facilities is provided;
(c) A properly drawn legal instrument, executed by the
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parties concerned for joint use of off - street parking facilities, duly approved as to form
and manner of execution by the City Attorney, shall be filed with the City
Administrator /Clerk and recorded with the Hennepin County Recorder's Office.
Off -site parking.
(1) Any off -site parking which is used to meet the requirements
of this chapter shall be a conditional use as regulated by § 1201.04 of this chapter and
shall be subject to the conditions listed below.
(2) Off -site parking shall be developed and maintained in
compliance with all requirements and standards of this chapter.
(3) Reasonable public access from off -site parking facilities to
the use being served shall be provided.
(4) The site used for meeting the off -site parking requirements
of this chapter shall be under the same ownership as the principal use being served or
under public ownership.
(5) Off -site parking for multiple - family dwellings shall not be
located more than 100 feet from any normally used entrance of the principal use
served.
(6) Off -site parking for nonresidential uses shall not be located
more than 300 feet from the main entrance of the principal use being served. No more
than one main entrance shall be recognized for each principal building.
(7) Any use which depends upon off -site parking to meet the
requirements of this chapter shall maintain ownership and parking utilization of the
off -site location until the time as on -site parking is provided or a site in closer proximity
to the principal use is acquired and developed for parking.
(8) Off -site parking shall not be located where pedestrians
would have to cross a street classified higher than local street.
Subd. 6. Off - street loading requirements.
a. Purpose. The regulation of loading spaces in these zoning
regulations is to alleviate or prevent congestion of the public right -of -way and so to
promote the safety and general welfare of the public by establishing minimum
requirements for off - street loading and unloading from motor vehicles in accordance
with the utilization of various parcels of land or structures.
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b. Location.
(1) All required loading berths shall be off - street and located on
the same lot as the building or use to be served.
(2) All loading berth curb cuts shall be located a minimum of 50
feet from the intersection of two or more street rights -of -way. This distance shall be
measured from the property line.
(3) Except for loading berths required for multiple - family, no
loading berth shall be located closer than 50 feet from a residential district unless
within a structure.
(4) Loading berths located at the front, or at the side of
buildings on a corner lot, shall require a conditional use permit.
(a) Loading berths shall not conflict with pedestrian
movement.
(b) Loading berths shall not obstruct the view of the
public right -of -way from off - street parking access.
(c) Loading berths shall comply with all other
requirements of this section.
(5) Each loading berth shall be located with appropriate means
of vehicular access to a street or public alley in a manner which will cause the least
interference with traffic.
C. Surfacing. All loading berths and accessways shall be improved to
control the dust and drainage according to a plan submitted to and subject to the
approval of the City Engineer.
d. Accessory use, parking and storage. Any space allocated as a
required loading berth or access drive so as to comply with the terms of these zoning
regulations shall not be used for the storage of goods, inoperable vehicles or snow and
shall not be included as part of the space requirements to meet the off - street parking
area.
e. Screening. Except in the case of multiple dwellings, all loading
areas shall be screened and landscaped from abutting and surrounding residential
uses in compliance with subdivision 2g of this section.
f. Size. Unless otherwise specified in this chapter, the first loading
berth shall be not less than 70 feet in length and additional berths required shall be not
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less than 30 feet in length, and all loading berths shall be not less than 12 feet in width
and 14 feet in height, exclusive of aisle and maneuvering space.
g. Number of loading berths required. The number of required
off - street loading berths shall be as follows:
(1) Nonresidential buildings and uses. For each building, one
loading berth and one additional berth for each additional 10,000 square feet.
(2) Multiple - family dwellings. Where the building has ten or
more dwelling units, space shall be provided for unloading so as not to take up required
off - street parking.
(3) Fractions. When determining the number of off - street
loading spaces results in a fraction, each fraction of /2 or more shall constitute another
space.
h. Off - street loading required. Any structure erected or substantially
altered for a use which requires the receipt or distribution of materials or merchandise
by trucks or similar vehicles shall provide off - street loading space as required for a new
structure.
Subd. 7. Building construction requirements.
a. Purpose. The purpose of this section is to insure that buildings in
all zoning districts maintain a high standard of architectural and aesthetic compatibility
with surrounding properties. To ensure that all new construction will not adversely
impact the property values of the abutting properties or adversely impact the
community's public health, safety and general welfare, all buildings must be in
compliance with this chapter and the State Building Code.
b. Residential Districts.
(1) All detached accessory buildings in excess of 150 square
feet in floor area that are accessory to residential dwelling units shall be constructed
with materials and a design compatible with the general character of the principal
structure on the lot. No building in excess of 120 square feet in floor area shall be
constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass within a
residential district. Except for approved wood foundations, no building shall be
constructed where wood poles are the primary support for the roof system and form the
foundation structure.
(2) Single- family dwellings shall:
(a) Be constructed upon a continuous perimeter
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foundation that meets the requirements of the State Building Code;
(b) Not be less than 30 feet in length and not less than
22 feet in width over that entire minimum length. Width measurements shall not take
account of overhang and other projections beyond the principal walls;
(c) Have an earth covered, composition, shingled, tiled
roof or built -up roof as defined by the State Building Code; and
(d) Require a building permit. The application for a
building permit in addition to other information required shall indicate the height, size,
design and the appearance of all elevations of the proposed building and a description
of the construction materials proposed to be used.
C. Commercial Districts. All buildings constructed in a commercial
zoning district shall be finished on all exterior walls with the following permanent finish
materials:
(1) Brick;
(2) Natural stone;
(3) Decorative concrete block (e.g. split face, ribbed, textured);
(4) Cast in place concrete or precast concrete panels;
(5) Wood, provided surfaces are finished for exterior use and
only woods of proven exterior durability are used, such as cedar, redwood and cypress;
(6) Curtain wall panels of steel, fiberglass and aluminum
(nonstructural nonload- bearing), provided the panels are factory fabricated and finished
with a permanent durable nonfade surface and their fasteners are of a corrosion
resistant design and provided further that no more than one -third of the wall surface
abutting a public street or adjacent to a residential or public area consists of the panels;
(7) Glass curtain wall panels. No building shall be constructed
of sheet or corrugated steel, aluminum, asbestos or fiberglass within a commercial
zoning district. Except for wood foundations, no building shall be constructed where
wood poles are the primary support for the roof system and form the foundation
structure.
Subd. 8. Land reclamation.
a. Land reclamation shall be permitted by conditional use permit in all
districts as regulated by § 1201.04 of this chapter. Depositing of 100 cubic yards or
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more of fill on any lot or parcel shall be considered land reclamation. Land reclamation
shall not be interpreted as the depositing of fill from a building excavation on the same
property.
b. The permit shall include, as a condition thereof, a finished grade
plan which has determined that the reclamation will not adversely affect the adjacent
land and as conditions thereof shall regulate the type of fill permitted, program for
rodent control, plan for fire control and general maintenance of the site, controls of
vehicular ingress and egress and for control of material disbursed from wind or hauling
of material to or from the site.
Subd. 9. Mining. The extraction of sand, gravel or other material from the land in
the amount of 400 cubic yards or more and removal thereof from the site shall be
defined as mining. In all districts the conduct of mining shall be permitted only upon
issuance of a conditional use permit. The permit shall include, as a condition thereof, a
plan for a finished grade and land reclamation which will not adversely affect the
surrounding land or the development of the site on which the mining is being conducted
and the route of trucks moving to and from the site.
Subd. 10. Essential services.
a. Purpose. The purpose of this subdivision is to provide for the
installation of essential services such as telephone lines, pipelines, electric
transmission lines and substations in a manner that the health, safety and welfare of
the city will not be adversely affected. Essential services should also be installed in
cognizance of existing and projected demands for the services.
b. Special permit. All underground telephone lines, pipelines for local
distribution, underground electric transmission lines and overhead electric transmission
lines and substations less than 33 KV, when installed in any public right -of -way in any
zoning district, shall require a special permit approved by the City Engineer.
C. Requirements for special permit. All underground telephone lines,
pipelines for local distribution, underground electric transmission lines and overhead
electric transmission lines less than 33 KV, which are intended to serve more than one
parcel and are proposed to be installed at locations other than in public rights -of -way,
shall require a special permit issued by the city after approval by the City Engineer.
Approval by the City Engineer shall be based upon the information furnished in the
following procedural requirements:
(1) Prior to the installation of any of the previous essential
services, the owner of the service shall file with the Zoning Administrator all maps and
other pertinent information as deemed necessary for the City Engineer to review the
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proposed project;
(2) The Zoning Administrator shall transmit the map(s) and
accompanying information to the City Engineer for his or her review and approval
regarding the project's relationship to the Comprehensive Plan and /or ordinances and
parts thereof;
(3) The City Engineer shall report in writing to the Zoning
Administrator his or her findings as to the compliance of the proposed project with the
Comprehensive Plan and ordinances of the city;
(4) In considering applications for the placement of essential
services, as regulated in this section, the aforesaid city staff shall consider the effect of
the proposed project upon the health, safety and general welfare of the city, as existing
and as anticipated and the effect of the proposed project upon the Comprehensive
Plan;
(5) Upon receiving the approval of the City Engineer, the
Zoning Administrator shall issue a special permit for the installation and operation of
the applicant's essential services. If the Engineer's report recommends the denial of the
permit causing the Zoning Administrator to deny its issuance, the applicant may appeal
the decision to the Board of Appeals and Adjustments under the rules and procedures
as set forth in § 1201.05 of this chapter.
d. Requirements for conditional use. All transmission pipelines (i.e.
pipelines not required for local distributing network) and overhead transmission and
substation lines in excess of 33 KV shall be a conditional use in all districts subject to
the following procedural requirements:
(1) Prior to the installation of any of the previous essential
services, the owner of the services shall file with the Zoning Administrator, all maps and
other pertinent information as deemed necessary for the City Council to review the
proposed project;
(2) The Zoning Administrator shall transmit the map and
accompanying information to the City Council for its review regarding the project's
relationship to the Comprehensive Plan and parts thereof. A part of this review shall be
a written report from the City Engineer;
(3) The City Council shall hold the necessary public hearings as
prescribed by this chapter for conditional uses;
(4) In considering the applications for the placement of
essential services, as regulated by this subdivision, the City Council shall consider the
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advice and recommendations of the city staff and the effect of the proposed project
upon the health, safety and general welfare of the city, existing and anticipated and the
effect of the proposed project upon the Comprehensive Plan.
Subd.11. Signs.
a. Purpose. This subdivision is established to protect and promote
health, safety, general welfare and order within the City of Shorewood through the
establishment of a comprehensive and impartial set of standards, regulations and
procedures governing the type, numbers, size, structure, location, height, lighting,
erection, use and /or display of devices, signs or symbols serving as a visual
communication media to persons situated within or upon public rights -of -way or
properties. The provisions of this subdivision are intended to encourage opportunity for
effective, orderly communication by reducing confusion and hazards resulting from
unnecessary and /or indiscriminate use of communication facilities.
b. Permitted and prohibited signs.
(1) Permitted signs. The following signs are allowed without a
permit, but shall comply with all other applicable provisions of this chapter:
(a) Public signs;
(b) Address signs;
(c) Integral signs;
(d) Every campaign sign must contain the name and
address of persons responsible for the sign, and that person shall be responsible for its
removal. Signs shall be permitted on each lot for a period of 100 days prior to and ten
days after an election. All campaign signs or other noncommercial speech signs may
be posted from 46 days before the state primary in a state general election year until
ten days following the state general election, pursuant to M.S. § 211 B.045. Signs
posted both during and after this time period are subject to all other applicable
requirements in this subdivision. At any time, the city shall have the right to remove
signs that are prohibited under this subdivision, and assess a fee as provided from time
to time by ordinance. Campaign signs or other noncommercial speech signs shall not
be located closer than ten feet from any street surface, and shall not be placed in front
of any property without the consent of the property owner;
(e) Holiday signs, displayed for a period not to exceed 30
days and no larger than 32 square feet in area;
(f) Construction signs. The signs shall be confined to the
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site of the construction, alteration or repair and shall be removed within two years of
the date of issuance of the first building permit or when the particular project is
completed, whichever is sooner as determined by the City Building Official or his or her
agent. One sign shall be permitted for each major street the project abuts. No sign may
exceed 50 square feet;
(g) Real estate sale or rental signs. Signs must be
removed within 14 days after sale or rental of property. Signs may not measure more
than six square feet in Residential Districts, nor more than 20 square feet in all other
districts. There shall be only one sign per premises. Corner properties, however, may
contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the
front and one facing the lake;
(h) Informational /directional signs shall not be larger than
three square feet and shall conform to the location provisions of the specific district;
(i) Owner - occupant signs. One residential name sign,
not to exceed two square feet in area, identifying only the name of the owner or
occupant of a residential building.
(2) Prohibited signs. The following signs are specifically
prohibited by this chapter:
(a) Any sign which obstructs the vision of drivers or
pedestrians or detracts from the visibility of any official traffic - control device;
(b) Any sign which contains or imitates an official traffic
sign or signal, except for private, on- premises directional signs;
(c) Any sign which moves, rotates, has any moving parts
or gives the illusion of motion, except for time and temperature information and
dynamic display signs as regulated in g. of this subdivision;
(d) Except for holiday signs and exceptions provided in
provision c.(4) below, any sign which contains or consists of banners, pennants,
ribbons, streamers, strings of light bulbs, spinners or similar devices;
(e) Portable signs (except as provided in provision c.(4)
below);
(f) Signs which are attached in any manner to trees,
fences, utility poles or other permanent supports;
(g) No sign shall be illuminated with any flashing or
intermittent lights, nor shall it be animated, except for time and temperature information.
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All displays shall be shielded to prevent any light to be directed at on- coming traffic in
the brilliance as to impair the vision of any driver. No device shall be illuminated in a
manner as to interfere with or obscure an official traffic sign or signal. No light shall be
directed onto a lake so as to interfere with navigation thereon;
(h) Roof signs.
(i) Window signs where the total area of such signs
exceeds 10% of the total glass area of the window space as viewed from the street, to
a maximum of 20 square feet.
C. General provisions.
(1) All signs shall comply with the Minnesota State Building
Code as may be amended.
(2) When electrical signs are installed, the installation shall be
subject to the State Building Code as may be amended.
(3) No portion of any sign shall be located within five feet of any
property line. No signs other than governmental signs and political campaign signs as
provided in b.(1)(d) of this subdivision shall be erected or temporarily placed within any
street right -of- way or upon public lands or easements or rights -of -way. Any
unauthorized signs located in public right -of -way or on public property shall be
considered abandoned and are subject to immediate removal and disposal without
notice.
(4) Temporary signs.
(a) The temporary use of signs, searchlights, banners,
pennants and similar devices shall require a permit. The permit shall be valid for ten
consecutive days. The permit shall be prominently displayed during the period of
validity. Only two temporary permits may be granted for any property within any
12 -month period. Temporary signs shall not exceed 32 square feet in area. Any new
business that has applied for its permanent business sign may, at the same time, apply
for a temporary business sign to be displayed for no longer than 30 days, or until the
permanent sign has been erected, whichever comes first. The temporary business sign
shall be professionally prepared and shall be no larger than the approved permanent
sign.
(b) A conditional use permit may be granted to nonprofit
athletic associations, contracted with the city pursuant to Section 902.06 of this code,
for the display of temporary business sponsorship signs to be placed on certain ball
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field fences on public property, provided that-
(i) A nonprofit athletic association under contract
with the City may display signs only on facilities that have been reserved for its use;
(ii) Signs may be displayed only in a community
park, as defined in the Shorewood Comprehensive Plan;
(iii) Signs may be displayed only on outfield
fences, facing into the ball field, and situated so as to minimize view of the signs from
adjacent residential properties;
(iv) All signs must be professionally made, using
durable weather resistant material, painted or colored dark green on the back side of
the sign;
(v) Signs are limited in size to no larger than 42
inches in height and seven feet in length;
(vi) There shall be a minimum spacing between
signs of seven feet;
(vii) The maximum number of signs per ball field is
15;
(viii) The nonprofit athletic association is
responsible for maintaining the signs in good repair. If a sign become detached, torn,
or vandalized, the association must repair or replace them immediately or the sign will
be summarily removed by the city;
(ix) The nonprofit athletic association is
responsible for any damage to the fence on which it is displayed that is caused by
installation or display of the sign;
(x) The conditional use permit is subject to review
and recommendation by the Shorewood Park Commission;
(xi) The nonprofit athletic association must obtain
an annual license from the city and enter into a license agreement setting forth the
conditions of approval and the duration of the approval. The association shall pay an
annual license fee as established by the City Council from time to time. The
association shall have no vested right in obtaining licenses from season to season; and
(xii) It shall be the responsibility of the nonprofit
athletic association to obtain a temporary sign permit for each sign to be displayed on
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ball field fences, prior to erecting the sign.
(5) No sign or sign structure shall protrude over a public
right -of -way.
(6) All signs which require a permit shall display, in a
conspicuous manner, the owner's name, permit number and date the sign was erected.
(7) All height restrictions on signs shall include height of sign
structure and be measured from lot grade.
(8) In the case of a two - faced, freestanding sign, where the two
faces of the sign are parallel and face in opposite directions, only one face shall be
used in computing the allowable area of the sign.
(9) Any sign now or hereafter existing which no longer
advertises or identifies a business conducted, service rendered or product sold on the
premises shall be removed by the owner, agent or person having the beneficial use or
control of the building or structure upon which the sign may be found within 60 days
from the date of vacancy.
(10) The regulations contained herein shall not apply to traffic
signs or the flag, separate emblem, or insignia of a nation, political unit, school or
religious group, or integral signs. There shall be no more than one United States flag
and no ore than three other non - commercial flags. Nor shall these regulations pertain
to a sign inside a building, provided the sign is at least three feet in back of the inside
of the exterior wall and is readable from the inside of the building.
(11) All signs requiring a permit from the city shall be subject to
review and approval by the Zoning Administrator.
d. Nonconforming signs.
(1) The following are nonconforming signs:
(a) Prohibited signs;
(b) All other signs not prohibited that do not conform to
the provisions of this chapter;
(c) Billboards and advertising signs (except as provided
in provision e.(3)(b) of this subdivision).
(2) Except as provided in paragraph (5) below, all
nonconforming and prohibited signs created by this chapter except those signs
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exempted by state statutes (M.S. § 462.357, subd. 1c) shall be removed or brought into
conformity with this chapter within the following time periods.
(a) Any sign in violation of prohibited signs: six months
from the date of the enactment of this chapter;
(b) All other nonconforming signs: upon approval of any
building permit, sign permit, or other zoning action.
(3) A nonconforming sign may not be:
(a) Changed to another nonconforming sign;
(b) Structurally altered except to bring into compliance
with the provisions of this chapter;
(c) Expanded;
(d) Reestablished after its removal;
(e) Reestablished after damage of more than 50% of
sign replacement cost except to bring into compliance.
(4) Nothing in this subdivision shall be construed as relieving
the owner or user of a legal nonconforming sign or owner of the property on which the
legal nonconforming sign is located from the provisions of this subdivision regarding
safety, maintenance and repair of signs contained in subdivision 11c; provided,
however, that any repainting, cleaning and other normal maintenance or repair of the
sign or sign structure shall not modify the sign structure or copy in any way which
makes it more nonconforming or the sign shall lose its legal nonconforming status.
(5) Notwithstanding provisions to the contrary within this
subdivision, nonconforming off site directional signs located on public rights -of -way
may continue upon a finding by the City Council that:
(a) The sign is reasonably necessary to provide direction
to the business which is advertised by the sign;
(b) The sign (or a substantially similar predecessor) has
been at the location for at least 20 years;
(c) The sign has not represented a safety hazard or an
obstruction to ordinary roadway maintenance activities.
(6) The Council may condition the permission upon the owner
of the establishment entering into an agreement with the city addressing matters,
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including liability, indemnity of the city, circumstances calling for removal of the sign,
permit fees and other matters deemed appropriate by the city.
(7) In lieu of permitting the existing sign to remain at its existing
location the City Council may authorize the location of a substitute sign in the existing
location or a different location.
e. District regulations. The following sign standards by zoning district
pertain to signs which require application and permit.
(1) R -1A through R -38 Residential Districts.
(a) Area identification signs (monument type only). One
sign facing each bordering street shall be allowed for each development of 20 or more
units. The sign shall not exceed 32 square feet in area, nor shall the sign structure
exceed one -half of the allowable copy area. The signs shall be erected only at the
dedicated street entrance, but not in the public right -of -way, may be indirectly
illuminated and shall not exceed a height of eight feet above grade.
(b) Institution signs. One freestanding sign not to exceed
20 square feet in area. The freestanding sign may be indirectly illuminated and shall
not exceed a height of eight feet above grade. Freestanding signs located adjacent to
intermediate or minor arterial streets, as identified in the Shorewood Comprehensive
Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use
permit, subject to the following-
(i) The total area of signage, including the wall
sign, shall not exceed 5% of the building silhouette as viewed from the street;
(ii) The wall sign may be indirectly illuminated.
(c) Park identification signs. One sign facing each
bordering street. The sign shall not exceed 20 square feet in area nor eight feet in
height. The signs may be indirectly illuminated.
(d) Subdivision plat signs. No more than two temporary
signs advertising a new subdivision plat, provided each sign does not exceed 32
square feet in area, identifying only the plat in which they are located, are
nonilluminated and are erected only at dedicated street entrances to the plat. The signs
shall be removed if construction of subdivision improvements is not in progress on the
plat within 60 days following the date of the sign erection or as soon as 80% of the lots
are developed and sold.
(e) Cemetery identification signs. One freestanding sign
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not to exceed 20 square feet in area. The freestanding sign may be affixed to an
entry -way arch, not exceeding 18 feet in height.
(2) R -C Residential /Commercial. Subject to other conditions of
this chapter, the following signs shall be allowed in the R -C District:
(a) Signs are regulated in e.(1) above;
(b) Business signs in the R -C Districts shall be subject to
the requirements of § 1201.19 Subd. 8.d. of this code.
(3) C -1 and C -2 Commercial Districts. Subject to other
conditions of this chapter, the following signs shall be allowed in the C -1 and C -2
Districts.
(a) Business signs.
(i) The maximum number of signs for any
principal building shall be three except by conditional use as provided in (c) below. The
maximum total area for all signs shall be determined by taking 10% of the gross
silhouette area of the front of the building. Where the principal building is on a corner
lot and thus faces two public streets, both sides may be counted.
(ii) For purposes of determining the gross area of
the silhouette of the principal building, the silhouette shall be defined as that area
within an outline drawing of the principal building as viewed from the front lot line or
from the related public street(s).
(iii) Each lot will be allowed only one freestanding
sign except as provided in (c) below.
(b) Advertising signs. Advertising signs are allowed,
provided the number and size of the signs shall be subtracted from the allowable
number and size of allowable business signs provided in (a) above. In no case shall the
area of advertising signs exceed 25% of the total allowable sign area.
(c) Conditional uses. In the case of a shopping center or
where there are two or more business uses, a conditional use permit may be granted to
the entire shopping center in accordance with an overall site and signage plan
indicating the size, location and height of all signs. A maximum of 10% of the gross
area of the building silhouette shall apply to the principal building where aggregate
allowable sign area is distributed among the several businesses. In the case of
applying this conditional use permit to a shopping center, the shopping center may
have two freestanding signs identifying the shopping center.
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(d) Freestanding signs. Freestanding signs shall not
exceed 20 feet in height or 80 square feet in area. The total area of the sign structure
shall not exceed one- half of the allowable copy area.
(e) Window signs. The total area of window signs shall
not exceed 10% of the total area of windows as viewed from the street. Window signs
with lettering exceeding 3.5 inches in height shall be debited against the total number
and area of signs allowed for the property.
(f) Menu boards. One menu board sign per restaurant
use with a drive -up facility may be allowed in conjunction with a conditional use permit.
The menu board shall not exceed 32 square feet in area, nor more than eight feet in
height, and may be in addition to the freestanding sign on the property. Lettering size
on the menu board shall not exceed two inches in height.
(4) Signs permitted in the PUD Planned Unit Development
District.
(a) Signs permitted in PUDs shall be as approved by the
City Council for each development and shall be consistent with the requirements for the
district most closely associated with each use in the PUD.
(b) For PUDs containing 20 acres or more of land, the
city may allow larger construction signs than those allowed in b.(1)(f) of this
subdivision. In determining the size and allowable area of signs in a PUD, the city shall
take into consideration the functional classification and designated speed limit of
adjacent roads and potential impact on adjoining residential areas. In no case shall the
total allowable area of construction signs exceed three square feet for each acre of
land within the PUD. The total area of the sign shall not exceed 100 square feet and no
individual sign shall exceed 80 square feet.
f. Permit issuance, fees.
(1) No sign shall be erected in the City of Shorewood until a
permit to do so has been approved by the Zoning Administrator and issued by the
office of the Building Official (signs stipulated in b.(1) above shall be exempt from this
requirement). No permit shall be granted until the necessary fee has been paid and
until the Building Official, or staff representative, has made a preliminary inspection of
the sign before installation and has ascertained that the sign and method of installation
comply with all requirements of this chapter. The Building Official may require that
detailed plans and specifications be submitted with the application if necessary in his or
her judgment. Following permit issuance and sign erection, the Building Official shall
make a final inspection of the sign, and if it complies in every respect with the minimum
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standards set forth in this chapter, shall endorse on the permit his or her certificate of
approval.
(2) Fees:
(a) Payment of fees. The permit fee and other fees and
charges set forth in this chapter shall be collected by the city before the issuance of
any permits and the Building Official, or other persons duly authorized to issue the
permit for which the payment of a fee is required under the provisions of this chapter,
may not issue a permit until the fees shall have been paid.
(b) Double fees. If a person begins work of any kind for
which a permit from the city is required, without having secured the necessary permits
therefor, either previous to or on the date of commencement of the work, he or she
shall, when subsequently securing each permit, pay double the fee provided for the
permit, or is subject to the penalty provisions of this chapter.
(c) Initial fees. The City Council shall, from time to time,
establish a fee schedule by ordinance.
g. Dynamic display signs.
(1) Purpose. The purpose of this section is to allow new
technologies in commercial signage that allow messages to be easily updated, while at
the same time preventing distraction to motorists and minimizing visual impacts of
electronic signage on residential properties. The city finds that dynamic displays
should be allowed on signs but with significant controls to minimize their proliferation
and their potential threat to public safety.
(2) Permitted sign type and locations.
(a) Dynamic display signs are permitted solely as
free - standing signs and only in the C -1, General Commercial and C -2, Commercial
Service Zoning Districts. Dynamic display signs shall be located no closer than 20 feet
from a side lot line. The dynamic display portion of a freestanding sign shall be located
at the bottom of the sign face. Any portion of a dynamic display sign that consists
solely of an alpha- numeric message shall not be counted in the allowable area for the
dynamic display sign, provided the alpha- numeric message remains static for no less
than four hours at a time.
(b) To the extent that signage is allowed in the
residential zoning districts, including the R -C, Residential /Commercial Zoning District,
dynamic display signs shall be restricted to conditional uses in those districts, and shall
be limited to alpha- numeric signs only. Alpha- numeric institutional signs shall be
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limited to 20 square feet in area and shall be timed to remain static for no less than 90
minutes at a time.
(3) Duration of image. A dynamic display sign's image, or any
portion thereof, may not change more often than once every ten minutes, except one
for which changes are necessary to correct hour - and - minute, date, or temperature
information and except as provided in (2) above. A display of time, date, or
temperature must remain for at least ten minutes before changing to a different display,
but the time, date, or temperature information itself may change no more often than
once every 60 seconds.
(4) Transition. If a dynamic display sign's image or any portion
thereof changes, the change sequence must be instantaneous without any special
effects.
(5) Prohibition on video display. No portion of a dynamic display
sign may change any part of its sign face by a method of display characterized by
motion or pictorial imagery, or depict action or a special effect to imitate movement, or
display pictorials or graphics in a progression of frames that gives the illusion of motion
of any kind.
(6) Prohibition on fluctuating or flashing illumination. No portion
of a dynamic display sign image may fluctuate in light intensity or use intermittent,
strobe or moving light, or light that changes in intensity in sudden transitory bursts,
streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of
movement.
(7) Audio. Dynamic display signs shall not be equipped with
audio speakers
(8) Malfunctions. Dynamic display signs must be designed and
equipped to freeze the sign face in one position if a malfunction occurs. Dynamic
display signs must also be equipped with a means to immediately discontinue the
display if it malfunctions, and the sign owner or operator must immediately turn off the
display when notified by the city that it is not complying with the standards of this
subdivision.
(9) Brightness. All dynamic display signs shall meet the
following brightness standards:
(a) No dynamic display sign may exceed a maximum
illumination of 5,000 nits (candelas per square meter) during daylight hours and a
maximum illumination of 500 nits (candelas per square meter) between sunset to
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sunrise as measured from the sign's face at maximum brightness
(b) All dynamic display signs having illumination by
means other than natural light must be equipped with an ambient light sensor and a
dimmer control or other mechanism to continuously adjust the sign's brightness to
ensure at any time the sign's intensity does not exceed 0.3 foot candles above ambient
light levels as measured from 100 feet from the sign's face and automatically controls
the sign's brightness to comply with the requirements of this subdivision.
(c) No dynamic display sign may be of such intensity or
brilliance that it interferes with the effectiveness of an official traffic sign, device or
signal.
(d) The owner or controller of the dynamic display sign
must adjust the sign to meet these brightness standards in accordance with the city's
instructions. The adjustment must be made immediately upon notice of
non - compliance from the city.
(e) A written certification from the sign manufacturer that
light intensity has been preset to conform to the brightness levels established by code
and that the preset level is protected from end user manipulation by password
protected software or other method. This would offer the advantage of ensuring that
electronic signs at a minimum cannot exceed the standards.
(10) Sign area limitation. Dynamic display signs are allowed only
on free standing signs in the permitted districts. Dynamic display signs may occupy no
more than 25% percent of the actual copy and graphic area. The remainder of the sign
must not have the capability to have dynamic displays even if not used. Only one,
contiguous dynamic display area is allowed on a sign face.
(11) Distance from residential /hours. Dynamic display signs shall
be located not closer than 100 feet from a residential zoning district and any dynamic
display sign located within 500 feet of single- and two - family residential homes must be
programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m.
Subd. 12. Home occupations.
a. Purpose. The primary purpose of this subdivision is to provide a
means through establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without jeopardizing the
health, safety and general welfare of the surrounding neighborhood. In addition, this
subdivision is intended to provide a mechanism enabling the distinction between limited
home occupations and special home occupations, so that limited home occupations
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may be allowed as accessory uses within residential zoning.
b. Application. Subject to the nonconforming use provision of this
section, all occupations conducted in the home shall comply with the provisions of this
subdivision.
C. Procedures and permits.
(1) Limited home occupation. Any home occupation, as defined
in this code and which qualifies as a limited home occupation under subsection d.(2) of
this section shall be allowed as accessory uses in all residential zoning districts.
Limited home occupations are allowed without a permit, but shall comply with all other
applicable provisions of this code.
(2) Special home occupation. Any home occupation which does
not meet the specific requirements for a limited home occupation as set forth in
subsection d.(2) of this section shall require a special home occupation permit which
shall be applied for, reviewed and disposed of in accordance with the conditional use
provisions of § 1201.04 of this chapter.
(3) Declaration of conditions. The Planning Commission may
recommend and the City Council may impose the conditions on the granting of a
special home occupation permit as may be necessary to carry out the purpose and
provisions of this subdivision.
(4) Effect of permit. A special home occupation permit may be
issued for a period of one year after which the permit may be reissued for periods of up
to three years each. Each application for permit renewal shall however, be processed
in accordance with the procedural requirements of the initial special home occupation
permit, except that notice of a public hearing need not be published in the official city
newspaper.
(5) Transferability. Permits shall not run with the land and shall
not be transferable.
(6) Lapse of special home occupation permit by non -use.
Whenever, within one year after granting a permit, the use as approved by the permit
shall not have been initiated, then the permit shall become null and void unless a
petition for extension of time in which to complete the work has been granted by the
City Council. The extension shall be requested in writing and filed with the Zoning
Administrator at least 30 days before the expiration of the original permit. There shall
be no charge for the filing of the petition. The request for extension shall state facts
showing a good faith attempt to initiate the use. The petition shall be presented to the
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Planning Commission for a recommendation and to the City Council for a decision
(7) Reconsideration. Whenever an application for a permit has
been considered and denied by the City Council, a similar application for a permit
affecting substantially the same property shall not be considered again by the Planning
Commission or City Council for at least six months from the date of its denial unless a
decision to reconsider the matter is made by not less than four - fifths vote of the full City
Council.
(8) Renewal of permits. An applicant shall not have a vested
right to a permit renewal by reason of having obtained a previous permit. In applying for
and accepting a permit, the permit holder agrees that his or her monetary investment in
the home occupation will be fully amortized over the life of the permit and that a permit
renewal will not be needed to amortize the investment. Each application for the renewal
of a permit will be considered as a new permit without taking into consideration that a
previous permit has been granted. The previous granting or renewal of a permit shall
not constitute a precedent or basis for the renewal of a permit.
d. Requirements. General provisions. All home occupations shall
comply with the following general provisions and according to classification, the
applicable requirement provisions.
(1) General provisions.
(a) No home occupation shall produce light glare, noise,
odor or vibration that will in any way have an objectionable effect upon adjacent or
nearby property.
(b) No equipment shall be used in the home occupation
which will create electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and
secondary to the residential use of the premises, shall not change the residential
character thereof and shall result in no incompatibility or disturbance to the surrounding
residential uses.
(d) No home occupation shall require internal or external
alterations or involve construction features not customarily found in dwellings except
where required to comply with local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment or
materials used in the home occupation.
(f) Accessory buildings may only be used for storage of
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commercial trailers, equipment, stock, or materials related to the home occupation if the
property has an alternative, conforming location for the off - street parking required by
subdivision 5 of this section.
(g) The home occupation shall meet all applicable fire
and building codes.
(h) There shall be no exterior display or exterior signs or
interior display or interior signs which are visible from outside the dwelling.
(i) All home occupations shall comply with the provisions
of the city nuisance ordinance (Chapter 502).
(j) No home occupation shall be conducted between the
hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the
principal building and does not require any on- street parking facilities.
(k) Parking.
(i) Parking for home occupations shall comply
with the requirements of subdivision 5 of this section.
(ii) All parking for home occupations shall occur
on the existing driveway. On- street parking of any vehicles related to a home
occupation is prohibited, including, but not limited to, customer or employee vehicles,
commercial trailers, and commercial vehicles.
(iii) No commercial vehicle or trailer used in
conjunction with the home occupation, shall be parked closer than 25 feet from the curb
line or edge of the paved street surface.
(2) Requirements - limited home occupations.
(a) No person other than those who reside on the
premises shall be employed in the home occupation.
(b) All limited home occupations shall be conducted
entirely within the principal dwelling and may not be conducted in accessory buildings.
(c) Examples of limited home occupations include, but
are not limited to, art studio, dressmaking, secretarial services, professional offices and
teaching with musical, dancing and other instructions which consist of no more than
one pupil /client at a time and no more than five per day. None of the above shall
service more than one person in the home at a given time.
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(d) The home occupation shall not include any of the
following-
(i) Repair service or manufacturing which
requires equipment other than found in a dwelling.
(ii) Teaching, counseling, or sales meetings which
consists of more than one pupil /client at a time.
(iii) Over - the - counter sale of merchandise
produced or sold off the premises.
(iv) Parking or storage of more than one
commercial vehicle or commercial trailer used for the home occupation outside an
accessory building.
(3) Requirements - special home occupation.
(a) Not more than one person other than those who
reside on the premises shall be employed.
(b) Special home occupations may be conducted within
an accessory building.
(c) Examples of special home occupations include:
massage therapists, barber and beauty services, pet grooming, photography studio,
group lessons, saw sharpening, small appliance and small engine repair and the like.
(d) The special home occupation may include any of the
following-
(i) Stock -in -trade incidental to the performance of
a service;
(ii) Up to five clients /pupils /animals at any one
time and no more than 10 clients /pupils /animals per day except as further limited by
d.(1)(k) of this section or by the City Council. Any group events (except pet grooming)
may occur on no more than one day per week, unless otherwise approved by the City
Council.
(4) Prohibited home occupations. Auto repair, whether for
consideration or not, of vehicles which are not registered to a resident of the dwelling,
or to a son or daughter, sibling, parent, grandparent or grandchild of a resident on the
property.
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e. Nonconforming use. Existing home occupations lawfully existing on
the date of this chapter may continue as nonconforming uses. They shall, however, be
required to obtain permits for their continued operation within one year subsequent to
the adoption of this chapter. Any existing home occupation that is discontinued for a
period of more than 30 days, or is in violation of the ordinance provisions under which it
was initially established, shall be brought into conformity with the provisions of this
subdivision.
f. Inspection. The City of Shorewood reserves the right, upon issuing
any special home occupation permit, to inspect the premises in which the occupation is
being conducted to ensure compliance with the provisions of this subdivision or any
conditions additionally imposed.
Subd. 13. Flood plain development. Any development of land located within the
flood plain, as defined in § 1201.02, shall comply with the provisions of the Shorewood
Flood Plain Ordinance (No. 109, Chapter 1101), as may be amended.
Subd. 14. Regulations applicable to shoreline property.
a. No structure of any kind except docks, stairways and lifts shall be
built within the required setback from the ordinary high water level of a meandered
lake, as provided in § 1201.26, subdivision 5 of this code.
b. Docks and wharves, permanent or floating, shall not be built, used
or occupied on land located within the R Districts without a principal dwelling on the lot
or parcel to which it is an accessory.
C. The number of docks per lot or parcel of land in the R Districts
shall be limited to one, and the same shall be operated , used and maintained solely for
the use of the members of the family or families occupying the property upon which the
dock is located. The dock shall connect to the shoreline at only one location, no wider
than four feet, and shall extend into the lake at least eight feet beyond the ordinary
high -water mark before branching out to form slips. The width of the dock shall not
exceed four feet at any point, except that at one location the dock may be no wider than
eight feet for a length of eight feet.
The number of restricted watercraft, as defined by the Lake
Minnetonka Conservation District (LMCD) that may be docked or moored on a single
property is limited to four. The dock owner may exceed four restricted watercraft only
by obtaining an annual multiple dock /mooring license from the LMCD and a conditional
use permit from the city, which permit shall be subject to the following conditions:
(1) As part of the annual LMCD license review, the owner of the
dock must demonstrate to the city that all boats stored at the dock are owned,
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registered and operated by the residents of the property on which the dock is located.
(2) As part of the annual LMCD license review, the owner of the
dock must demonstrate to the city that the dock is the minimum size necessary to store
the boats owned, registered and operated by the residents of the subject property.
(3) Boat canopies shall be limited to the size and number that is
required to cover no more than four of the restricted watercraft.
(4) The provisions of § 1201.04, subdivision 1.d.(1) are
considered and satisfactorily met.
d. No boat, barge, boathouse or other floating vessel or structure tied
or connected to a dock or wharf located within the city limits shall be used as a
permanent, temporary or seasonal residence.
e. No dock or wharf, permanent or floating structure shall be located
or constructed within ten feet of the side lot line of any lot or parcel projected into the
lake.
No dock located within the R Districts shall extend further into the
water than reasonably necessary to provide docking space for boats and crafts used by
the owner of the dock, and under no circumstance shall a dock create a safety or
navigational hazard or block any channel or access to the lake from adjoining lots or
parcels.
g. Unless specified otherwise in the city zoning code, all docks on all
lakes shall comply with the Lake Minnetonka Conservation District Code of Ordinances
h. Seaplane operations shall be subject to Minn. Rules 8800.2800
(Seven- County Metropolitan Region Seaplane Operations), as may be amended,
which are adopted herein by reference.
Subd. 15. Wetland development. Any development of land located within wetland
areas, as designated on the Shorewood Wetlands Map, shall comply with the
provisions of the Shorewood Wetlands Ordinance (No. 70, Chapter 1102 of the City
Code), as may be amended.
Subd. 16. Subdivision of two - family or quadraminium lots. The subdivision of base
lots containing two - family dwellings or quadraminiums to permit individual private
ownership of a single dwelling within the structure is acceptable upon the approval by
the City Council. Approval of a subdivision request is contingent on the following
requirements.
a. Prior to a two - family dwelling or a quadraminium subdivision, the
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base lot must meet all the requirements of the zoning district
b. There shall be no more than one principal structure on a base lot in
all residential districts. The principal structure on unit lots created in a two - family or
quadraminium subdivision will be the portion of the attached dwelling existing or
constructed on the platted unit lots.
C. Permitted accessory uses as defined by the zoning districts are
acceptable, provided they meet all the zoning requirements.
d. A property maintenance agreement must be arranged by the
applicant and submitted to the City Attorney for his or her review and subject to
approval. The agreement shall insure the maintenance and upkeep of the structure and
the lots to meet minimum city standards. The agreement is to be filed with the
Hennepin County Recorder's office as a deed restriction against the title of each unit
lot.
e. Separate public utility service shall be provided to each subdivided
unit and shall be subject to the review and approval of the City Engineer.
f. The subdivision and maintenance agreement are to be processed
and recorded in conformance with the requirements of the Shorewood Subdivision
Ordinance, Chapter 1202.
Subd. 17. Plan review
a. Purpose. The purpose of this subdivision is to establish a formal
plan review procedure and provide regulations pertaining to the enforcement of site
design and construction standards as agreed to by the contractor through his or
her officially submitted plan documents.
b. Plans required. In addition to other plan requirements outlined in
this chapter, site and construction plans will be required and shall be submitted to and
approved by the Building Official prior to the issuance of any building permit.
C. City Council action. Except in the case of minor projects, additions
or alterations as determined by the Zoning Administrator, all building and site plans for
multiple- family or commercial construction shall be subject to review by the Planning
Commission and approval by the City Council.
d. Plan agreements. All site and construction plans officially
submitted to the city shall be treated as a formal agreement between the building
contractor and the city. Once approved, no changes, modifications or alterations shall
be made to any plan detail, standard or specification without prior submission of a plan
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modification request to the Building Official for his or her review and approval
e. Enforcement. The Building Official shall have the authority to order
the stopping of any and all site improvement activities, when and where a violation of
the provisions of this section has been officially documented by the Building Official.
Subd. 18. Solar access. (Reserved for future use).
Subd. 19. Fire lanes.
a. Purpose. Recognizing that all fire lanes are to provide lake access
to the public, this subdivision is established to identify, classify and regulate the use
thereof based upon their historic use within the city.
b. Use classifications. The use of fire lanes in Shorewood shall be
restricted to one of the following classifications:
(1) Class I may be used for pedestrian access to the lake,
fishing from shore, launching canoes and other small boats not requiring a trailer and
cross - country skiing;
(2) Class 11 may be used for all of the activities as designated in
Class I except fishing, as well as snowmobile access during the winter, parking and
swimming;
(3) Class III may be used only for pedestrian access to the lake,
fishing, launching canoes and other small boats not requiring a trailer. In addition, a
single dock may be installed subject to the following:
(a) The person or group of persons installing the dock
shall be Shorewood residents and apply for an annual building permit prior to
installation of the dock;
(b) The total length of the dock shall not exceed 25 feet;
(c) The dock shall be installed by a professional installer
and maintained in a safe and workmanlike manner;
(d) The use of the dock shall be for the general public
and shall not be limited to use by those who install it;
(e) Docking of boats shall be limited to daytime hours
only between sunrise and sunset;
(f) The dock shall comply with all requirements of the
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Lake Minnetonka Conservation District
C. Designation of fire lanes. The following fire lanes shall be identified
on the Official Zoning Map and shall be classified as follows:
(1) Class L 1- Enchanted Island, 2 -Shady Island, 3 -Grant
Lorenze, 4 -Third Street, 7- Ferncroft, 8 -Ivy Lane, 9- Rustic Way South, 10- Rustic Way
North;
(2) Class II: 6- Crescent Beach;
(3) Class III: 5- Eureka.
d. General regulations.
(1) Fire lanes shall be used only for the activities provided for in
subdivision b above. No sporting activities shall be allowed which involve thrown
objects such as catch, softball, baseball, frisbee, volleyball or football.
(2) Fire lanes shall be subject to the rules and regulations
contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining
to the use of city parks, including, but not limited to, use of intoxicating beverages.
(3) Maintenance and improvements of fire lanes shall be the
sole responsibility of the city. No one shall maintain or make improvements, except as
modified herein, without the approval of the City Administrator /Clerk or his or her agent.
(4) Except in Class II fire lanes, there shall be no parking of
automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes
identified herein.
(5) Except for snowmobiles in Class II fire lanes, motorized
vehicles shall be prohibited on fire lanes.
(6) Lots with side yards abutting fire lanes shall provide a total
of 30 feet of side yard setback with no one side being less than ten feet.
Subd. 20. Elderly housing.
a. Purpose. The purpose of this subdivision is to provide
opportunities for elderly housing within residential zoning districts and to maintain
compatibility with other uses within those districts.
b. Conditional use. Elderly housing shall be allowed by conditional
use permit in the following zoning districts: R -1A, R -1 B, R -1 C, R -1 D, R -2A, R -213, R -2C,
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R -3A, R -313 and R -C. In addition the following conditions shall apply
(1) Elderly housing projects shall be processed as planned unit
developments (P.U.D.) in compliance with § 1201.06 of this code;
(2) Occupancy of each dwelling unit shall be limited to no more
than two adults, 62 years of age or older. Occupancy of dwellings which qualify as
"housing for older persons" under the Federal Fair Housing Act shall be limited to two
adults, 55 years of age or older. The occupancy limitations shall be memorialized in
restrictive covenants approved by the city and filed with the Hennepin County
Recorder. Exception: the occupancy limitations stated above shall not apply to one
adult live -in care - provider serving the needs of the primary occupant(s), provided that if
the care - provider resides on the premises for more than 30 days, notice must be given
to the Zoning Administrator;
(3) To continue to qualify for the elderly housing classification,
the owner, homeowner's association or agency shall annually file with the City
Administrator /Clerk and the Zoning Administrator a certified copy of a quarterly resume
of occupants of the building or buildings, listing the number of tenants or occupants by
age, by unit;
(4) Adequate off - street parking must be provided in compliance
with Subd. 5 of this section. Parking plans must show room on the site for at least one
garage space per dwelling unit;
(5) Parking areas for five or more cars must be screened and
landscaped from view of surrounding residential property, in compliance with Subd. 2g
of this section;
(6) All signing and informational or visual communication
devices shall be in compliance with Subd. 11 of this code.
Code;
(7) All structures shall comply with the Minnesota State Building
(8) Elderly housing:
(a) Townhouse or cottage style housing: two parking
spaces per unit.
(b) Apartments: one and one -half parking spaces per
unit, plus proof of parking demonstrating the ability to provide two spaces per unit.
(c) R -3A, R -313 and R -C: 12 units per acre.
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(d) For purposes of calculating density, assisted living
units shall be counted as one -half unit.
three acres;
(9) The minimum site size for elderly housing projects shall be
(10) Dwelling units may be detached or attached;
(11) Building heights shall be limited to one and one -half stories
in all districts except the R -3A, R -3B and R -C zoning districts in which buildings may be
three stories;
(12) Where allowed, multiple - family elderly housing must have
elevator service to each floor;
(13) Usable open space as defined in this chapter is equal, at a
minimum, to 20% of the gross lot area;
(14) The provisions of § 1201.04 Subd. 1d(1) are considered and
satisfactorily met
C. Fees reduced. Park dedication fees as required in § 1202.07 of
this code and local sanitary sewer access charges as required in § 904.18 Subd. 1 of
this code shall be charged on the basis of the development potential of property as
currently zoned. Fees shall not be charged for additional residential units achieved
under b(8) of this subdivision.
Subd. 21. Telecommunications towers and facilities.
a. Purpose. The general purpose of this subdivision is to regulate the
placement, construction and modification of telecommunications towers and facilities in
order to protect the health, safety and welfare of the public, while complying with the
provisions of the Federal Telecommunications Act of 1934, as amended by the
Telecommunications Act of 1996. The specific purposes of this subdivision are:
(1) To regulate the location of telecommunications towers and
facilities;
(2) To protect residential areas and land uses from potential
adverse impacts of telecommunications towers and facilities;
(3) To minimize any adverse impacts of telecommunications
towers and facilities through design, siting, landscaping and innovative camouflaging
techniques;
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(4) To promote and encourage shared use and co- location of
telecommunications towers and antenna support structures;
(5) To avoid damage to adjacent properties caused by
telecommunications towers and facilities by ensuring that those structures are soundly
and carefully designed, constructed, modified, maintained and promptly removed when
no longer used or when determined to be structurally unsound;
(6) To ensure that telecommunications towers and facilities are
compatible with surrounding land uses.
b. Development of towers.
(1) A tower shall be a conditional use in the C -3, General
Commercial and C-4, Commercial Service Zoning Districts. A tower may not be
constructed unless a conditional use permit has been issued by, and site plan approval
obtained from, the City Council and a building permit issued by the Building Official.
(2) The city may, by conditional use permit, authorize the use of
city property for towers in accordance with the procedures of this code. The city has no
obligation to allow the use of city property for this purpose.
(3) No telecommunications facilities may be located within a
distance equal to twice the height of the proposed tower of any use that involves the
storage, distribution or sale of volatile, flammable, explosive or hazardous materials
such as LP gas, propane, gasoline, natural gas and corrosive or dangerous chemicals,
unless the applicant can demonstrate with credible engineering data, to the satisfaction
of the city, that no danger exists in locating the telecommunications facilities in the
proposed proximity to the uses.
(4) The development of a tower is subject to the following
additional restrictions:
(a) Unless the applicant presents clear and convincing
evidence to the city, that co- location is not feasible, a new tower may not be built,
constructed or erected in the city, unless the tower is capable of accommodating
additional telecommunications facilities owned by other persons, and the tower owner
agrees to comply with the provisions of the subsection relating to existing towers. A
new tower shall be designed and built to accommodate three times the tower's initial
loading capacity. If the tower is less than 100 feet in height it shall be built to
accommodate two times the tower's initial loading capacity.
(b) A development approval to develop, build, construct
or erect a tower will not be granted to a person on the basis that it is economically
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unfeasible for that person to co- locate or install telecommunications facilities on a tower
or antenna support structure owned by another person.
(5) An application to develop a tower must include:
(a) The names, addresses and telephone numbers of all
owners of other towers or antenna support structures and the locations of the
structures, within a one mile radius of the proposed new tower site;
(b) Written documentation that the applicant has made
diligent but unsuccessful efforts for permission to install or co- locate the applicant's
telecommunications facilities on towers or antenna support structures located within a
one -half mile radius of the proposed tower site;
(c) Written, technical evidence from an engineer that the
proposed tower or telecommunications facilities cannot be installed or co- located on
another person's tower or antenna support structure located within a one half mile
radius of the proposed tower site and must be located at the proposed site in order to
meet the coverage requirements of the applicant's wireless communications system;
(d) A written statement from an engineer that the
construction and placement of the tower will not interfere with public safety
communications and the usual and customary transmission or reception of radio,
television or other communications service enjoyed by adjacent residential and
nonresidential properties;
(e) Written evidence from an engineer that the proposed
structure meets the structural requirements of this code.
(6) Setbacks.
(a) A tower must be located on a single parcel such that
the base of the tower is no closer to the property line than the height of the tower,
unless a qualified engineer specifies in writing that the failure of the tower will occur
within a lesser distance under reasonably foreseeable circumstances. In no case will
the tower be located outside the buildable area of the lot.
(b) Setback requirements for towers are measured from
the base of the tower to the property line of the parcel on which it is located.
(7) Structural requirements. Towers must be designed and
certified by an engineer to be structurally sound and, at minimum, in conformance with
the Uniform Building Code and any other standards set forth in this subdivision.
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(8) Height. A tower may not exceed 125 feet in height.
(9) Separation or buffer requirements. Towers must be
separated from land used or planned for residential use by a minimum of 90 feet or
100% of the height of the proposed tower, whichever is greater. Setbacks may be
reduced where abutting nonresidential uses, but in no case shall the setback be less
than that which is required for the zoning district in which the property is located. The
minimum tower separation distance is calculated and applied irrespective of city
jurisdictional boundaries. Measurement of tower separation distances for the purpose
of compliance with this subdivision is measured from the base of a tower to the closest
point of the proposed site.
(10) Method of determining tower height. Measurement of tower
height must include the tower structure itself, the base pad and any other
telecommunications facilities attached thereto. Tower height is measured from grade.
(11) Illumination. Towers may not be artificially lighted except as
required by the Federal Aviation Administration (FAA). At time of construction of a
tower, in cases where there are residential uses located within a distance which is
three times the height of the tower from the tower, dual mode lighting must be
requested from the FAA. Notwithstanding this provision, the City Council may approve
the placement of an antennae on an existing or proposed lighting standard, provided
that the antennae is integrated with the lighting standard.
(12) Exterior finish. Towers not requiring FAA painting or
marking must have an exterior finish as approved in the site plan.
(13) Fencing. Fences constructed around or upon parcels
containing towers, antenna support structures or telecommunications facilities must be
constructed in accordance with the applicable fencing requirements in the zoning
district where the tower or antenna support structure is located, unless more stringent
fencing requirements are required by FCC regulations.
(14) Landscaping. Landscaping on parcels containing towers,
antenna support structures or telecommunications facilities must be in accordance with
landscaping requirements in the site plan. Utility buildings and structures accessory to
a tower must be architecturally designed to blend in with the surrounding environment
and to meet the setback requirements as are compatible with the actual placement of
the tower. Ground mounted equipment must be screened from view by suitable
vegetation, except where a design of non- vegetative screening better reflects and
complements the character of the surrounding neighborhood. Accessory buildings may
not be more than 2,000 square feet in size.
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(15) Security. Towers must be reasonably posted and secured to
protect against trespass.
(16) Access. Parcels upon which towers are located must
provide access during normal business hours to at least one paved vehicular parking
space on site.
(17) Stealth. All towers shall be, to greatest extent reasonably
possible, in the discretion of the city, of stealth design. Stealth shall not require towers
or telecommunications facilities to be totally hidden and does not necessarily exclude
the use of uncamouflaged lattice, guyed or monopole tower designs.
(18) Existing towers.
(a) Any owner upon whose land a tower is located, which
contains additional capacity for installation or co- location of telecommunications
facilities, may allow other persons to install or co- locate telecommunications facilities
on a tower. Any co- location shall require amendment of the original conditional use
permit granted for the tower.
(b) An existing tower may be modified to accommodate
co- location of additional telecommunications facilities as follows-
(i) Application for a building permit shall be made
to the City Building Official;
(ii) The total height of the modified tower and
telecommunications facilities attached thereto shall be established by the new
conditional use permit, if granted;
(iii) Permission to exceed the existing height shall
not require an additional distance separation from designated areas as set forth in this
subdivision. The towers premodification height shall be used to calculate the distance
separations;
(iv) A tower which is being rebuilt to accommodate
the co- location of additional telecommunications facilities may be moved on site subject
to the setback requirements of this subdivision.
(19) Abandoned or unused towers or portions of towers.
Abandoned or unused towers and associated above - ground facilities must be removed
within six months of the cessation of operations of an antenna facility at the site unless
an extension is approved by the City Council. A copy of the relevant portions of a
signed lease that requires the applicant to remove the tower and associated facilities
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upon cessation of operations at the site must be submitted at the time of application. If
a tower is not removed within six months of the cessation of operations at a site, the
tower and associated facilities may be removed by the city and the costs of removal
assessed against the property.
(20) Evaluation and monitoring. As a condition of approval for
telecommunication facilities, the applicant shall reimburse the city for its costs to retain
outside expert technical assistance to evaluate any aspect of the proposed siting of
telecommunications facilities. The owner of a telecommunications facility shall provide
the city with current, technical evidence of compliance with FCC radiation emission
requirements, annually or more frequently at the city's reasonable request. If the owner
does not promptly provide the city with satisfactory technical evidence of FCC
compliance, the city may carry out tests to ensure FCC radiation compliance using a
qualified expert. The owner shall reimburse the city for its reasonable costs in carrying
out the compliance testing.
(21) Variances. The City Council may grant a variance to the
setback, separation or buffer requirements and maximum height provision of this
subdivision based only on the criteria set forth in § 1201.05 of this code.
(22) Additional criteria for variance. The City Council may grant a
variance pursuant to § 1201.05 of this code if the applicant also demonstrates with
written or other satisfactory evidence that:
(a) The location, shape, appearance or nature of use of
the proposed tower will not substantially detract from the aesthetics of the area and not
change the character of the neighborhood in which the tower is proposed to be located;
(b) The variance will not create a threat to the public
health, safety or welfare;
(c) In the case of a requested modification to the setback
requirement, that the size of plat upon which the tower is proposed to be located makes
compliance impossible, and the only alternative for the applicant is to locate the tower
at another site but poses a greater threat to the public health, safety or welfare or is
closer in proximity to a residentially zoned land;
(d) In the case of a request for modification of separation
requirements, if the person provides written technical evidence from an engineer that
the proposed tower and telecommunications facilities must be located at the proposed
site in order to meet the coverage needs of the applicant's wireless communications
system and if the person agrees to create approved landscaping and other buffers to
screen the tower from being visible to the residential area;
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(e) In the case of a request for modification of the
maximum height limit, that the modification is necessary to-
(i) Facilities co- location of telecommunications
facilities in order to avoid construction of a new tower; or
(ii) To meet the coverage requirements of the
applicant's wireless communications system, which requirements must be documented
with written, technical evidence from an engineer.
(23) Failure to comply.
(a) If the permittee fails to comply with any of the terms
imposed by the conditional use permit, the city may impose penalties or discipline for
noncompliance, which may include revocation of the permit, in accordance with the
following provisions.
(b) Except as provided in subsection (23)(c) below, the
imposition of any penalty shall be preceded by-
(i) Written notice to the permittee of the alleged
violation;
(ii) The opportunity to cure the violation during a
period not to exceed 30 days following receipt of the written notice; and
(iii) A hearing before the City Council at least 15
days after sending written notice of the hearing. The notices contained in (i) and (iii)
may be contained in the same notification. The hearing shall provide the permittee with
an opportunity to show cause why the permit should not be subject to discipline.
(c) If the city finds that exigent circumstances exist
requiring immediate permit revocation, the city may revoke the permit and shall provide
a post- revocation hearing before the City Council not more than 15 days after
permittee's receipt of written notice of the hearing. Following the hearing, the City
Council may sustain or rescind the revocation or may impose the other and further
discipline as it deems appropriate.
(d) Any decision to impose a penalty or other discipline
shall be in writing and supported by substantial evidence contained in a written record.
Subd. 22. Accessory apartments.
a. Purpose. The purpose of allowing and regulating accessory
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apartments in single - family dwellings is to:
(1) Increase the diversity of housing options for residents;
(2) Encourage better utilization of existing housing stock;
(3) Protect the safety of residents and the stability, property
value and character of residential neighborhoods.
b. Conditional use. Accessory apartments shall be allowed by
conditional use permit in the following zoning districts: R -I A, R -1 B, R -1 C, R -1 D, R -2A,
R -213, R -2C and in the planned unit developments that allow single - family residential
dwellings.
C. Standards. Accessory apartments are subject to the provisions of §
1201.04 of this code. In addition, the following standards shall apply:
(1) The accessory apartment shall be clearly a subordinate part
of the single - family dwelling. In no case shall the accessory apartment be more than
40% of the building's total floor area, nor have more than two bedrooms.
(2) The principal unit shall have at least 700 square feet of
living space remaining after creation of the accessory apartment, exclusive of garage
area. Accessory apartments shall have at least 475 square feet of living space. Living
space square footage for the accessory apartment shall be exclusive of utility rooms,
common hallways, entryways or garages. At minimum, living space for the accessory
apartment shall include a kitchen or cooking facilities, a bathroom and a living room.
(3) No front entrances shall be added to the house as a result
of the accessory apartment permit.
(4) An addition to the original building is permitted, provided
that the addition does not increase the floor area or volume of the original building by
more than 20 %, and the addition will not alter the character of the building.
(5) The owner of the residence in which the accessory
apartment is located shall occupy the dwelling unit itself or the accessory apartment.
(6) Occupancy of the accessory apartment shall be limited to
persons related by blood, marriage or adoption to the owner of the residence. In cases
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
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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.
(2) To create a livable community where development
incorporates sustainable design elements such as resource and energy conservation
and use of renewable energy.
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(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.
(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
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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.
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;
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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; Am. Ord. 542, passed 7 -24 -2017; Am. Ord. 544, passed -
-2017)
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd.1. Procedure.
a. Application. Requests for amendments or conditional use permits,
as provided within this chapter, shall be filed with the Zoning Administrator on an
official application form. The application shall be accompanied by a fee as provided for
by City Council ordinance. This fee shall not be refunded. The application shall also be
accompanied by five copies of detailed written and graphic materials fully explaining
the proposed change, development or use.
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.
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(1) Notwithstanding anything to the contrary in this chapter, all
applications for any site plan, conditional use permit, land use permit, variance, or for
any other city approval required by this chapter, or to amend this chapter, shall be
made in writing on a form provided by the city, if the city has a form, to the Zoning
Administrator. The Zoning Administrator is authorized to reject in writing any
incomplete application within 15 business days of receipt if the application is
incomplete, stating the reasons or its rejection, including what information is missing.
This rejection shall be sent by first -class mail to the applicant. Every application shall
contain the legal description of the property and a statement of the specific permit or
action being sought. Nothing in this section shall be deemed to prevent the city from
requesting additional information from the applicant upon which to base a decision.
(2) If a dispute arises over a specific fee imposed by the city,
the amount of the fee must be deposited and held in escrow, and the person aggrieved
by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be
amended from time to time. The application shall proceed as if the fee had been paid,
pending a decision of the court.
C. Public hearing. Upon official submission of the request, the Zoning
Administrator shall set a public hearing on the request for a regularly scheduled
Planning Commission meeting occurring at least ten working days from the date as a
notice of the hearing is published in the official newspaper. The notice shall contain a
legal property description and description of the request and shall be published no
more than 30 days and no less than ten days prior to the hearing. Written notification of
the hearing shall also be mailed at least ten working days prior to the date of the
hearing to all owners of land within 500 feet of the boundary of the property related to a
conditional /interim use permit and 750 feet of the boundary of the property related to an
amendment. Failure of a property owner to receive the notice shall not invalidate any
proceedings as set forth within this chapter.
d. Planning Commission action. The Planning Commission shall
conduct the public hearing, at which time the applicant or a representative thereof shall
appear to answer questions concerning the proposed request.
(1) The Planning Commission shall consider possible adverse
effects of the proposed amendment or conditional use. Its judgment shall be based
upon (but not limited to) the following factors:
(a) The proposed action has been considered in relation
to the specific policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan;
(b) The proposed use is or will be compatible with
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present and future land uses of the area;
(c) The proposed use will not tend to or actually
depreciate the area in which it is proposed;
(d) The proposed use can be accommodated with
existing public services and will not overburden the city's service capacity;
(2) Upon consent of the City Council, the Planning Commission
and city staff shall have the authority to request additional information from the
applicant concerning operational factors or to retain expert testimony with the consent
and at the expense of the applicant concerning operational factors, the information to
be declared necessary to establish performance conditions in relation to all pertinent
sections of this chapter.
(3) The Planning Commission shall make a finding of fact and
recommend the actions or conditions relating to the request as they deem necessary to
carry out the intent and purpose of this chapter. The recommendation shall be in writing
and accompanied by any report and recommendation of the city staff. The written
recommendation of the Planning Commission shall be forwarded to the Zoning
Administrator for referral to the City Council within 60 days of the opening of the public
hearing.
e. Referral to City Council. Upon receipt of the Planning Commission
report and recommendation, the Zoning Administrator shall place the request and any
report and recommendation on the agenda of the next regularly scheduled meeting of
the City Council.
f. City Council action. Upon receiving the request and any report and
recommendation of the Planning Commission and the city staff, the City Council shall
have the option to set and hold a public hearing if deemed necessary and shall make a
recorded finding of fact.
(1) Approval of a request for a zoning district amendment,
where the classification of a property will change from residential to commercial, shall
require passage by a four - fifths vote of the full City Council. Requests for all other
zoning district amendments, text amendments and conditional use permits shall require
a simple majority vote of the full City Council.
(2) In the case of a conditional use permit, the Council may
impose any condition it considers necessary to protect the public health, safety and
welfare.
(3) In the case of an amendment, the amendment shall not
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become effective until the time as the City Council approves an ordinance reflecting the
amendment and after the ordinance is published in the official newspaper.
(4) Whenever an application for an amendment or conditional
use permit has been considered and denied by the City Council, a similar application
for the amendment or conditional use permit affecting substantially the same property
shall not be considered again by the Planning Commission or City Council for at least
six months from the date of its denial; a subsequent application affecting substantially
the same property shall likewise not be considered again by the Planning Commission
or City Council for an additional six months from the date of the second denial, unless a
decision to reconsider the matter is made a simple majority of the full City Council.
Subd. 2. Amendments - initiation. The City Council or Planning Commission may,
upon their own motion, initiate a request to amend the text or the district boundaries of
this chapter. Any person owning real estate within the city may initiate a request to
amend the district boundaries or text of this chapter so as to affect his or her own real
estate.
Subd. 3. Conditional use permit.
a. Purpose. The purpose of a conditional use permit is to provide the
City of Shorewood with a reasonable degree of discretion in determining the suitability
of certain designated uses upon the general welfare, public health and safety. In
making this determination, whether or not the conditional use is to be allowed, the city
may consider the nature of the adjoining land or buildings, whether or not a similar use
is already in existence and located on the same premises or on other lands
immediately close by, the effect upon traffic into and from the premises or on any
adjoining roads and all other or future factors as the city shall deem a prerequisite of
consideration in determining the effect of the use on the general welfare, public health
and safety.
b. Informational requirement. The information required for all
conditional use permit applications generally consists of the following items and shall
be submitted when requested by the city:
(1) Site development plan, which shall include:
(a) Location of all buildings on lots, including both
existing and proposed structures;
(b) Location of all adjacent buildings located within 500
feet of the exterior boundaries of the property in question;
(c) Location and number of existing and proposed
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parking spaces;
(d)
Vehicular circulation;
(e)
Architectural elevations (type and materials used in
all external surfaces);
(f)
Location and candle power of all illuminators;
(g)
Curb cuts, driveways, number of parking spaces;
(2)
Dimension plan, which shall include:
(a)
Lot dimensions and area;
(b)
Dimensions of proposed and existing structures;
(c)
"Typical" floor plan and "typical" room plan;
(d)
Setbacks of all buildings located on property in
question;
(e)
Proposed setbacks;
(f)
Sanitary sewer and water plan with estimated use per
day;
(3)
Grading
plan, which shall include:
(a)
Existing contour;
(b)
Proposed grading elevations;
(c)
Drainage configuration;
(d)
Storm sewer catch basins and invert elevations;
(e)
Spot elevations;
(f)
Proposed road profile;
(4)
Landscape
plan, which shall include:
(a)
Location of all existing trees, type, diameter and
which trees will be removed;
(b)
Location, type and diameter of all proposed plantings;
(c)
Location of and material used for all screening
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devices;
(5) Legal description of property under consideration;
(6) Proof of ownership of the land for which a conditional use
permit is requested.
C. Lapse of conditional use permit by non -use. Whenever, within one
year after granting a conditional use permit, the use as permitted by the permit shall not
have been completed or utilized, then the permit shall become null and void unless a
petition for an extension of time in which to complete or utilize the use has been
granted by the City Council. The extension shall be requested in writing and filed with
the Zoning Administrator at least 30 days before the expiration of the original
conditional use permit. There shall be no charge for the filing of the petition. The
request for extension shall state facts showing a good faith attempt to complete or
utilize the use permitted in the conditional use permit. The petition shall be presented
to the Planning Commission for a recommendation and to the City Council for a
decision.
d. Performance bond.
(1) Except in the case of non - income producing residential
property, upon approval of a conditional use permit, the city shall be provided with a
letter of credit, surety bond, cash escrow, certificate of deposit, securities or cash
deposit prior to the issuing of building permits or initiation of work on the proposed
improvements or development. The security shall be noncancellable and shall
guarantee conformance and compliance with the conditions of the conditional use
permit and the ordinances of the city.
(2) The security shall be in the amount of one and one -half
times the City Engineer's or City Building Official's estimated costs of labor and
materials for the proposed improvements or development. The project can be handled
in stages upon the discretion of the City Engineer and Building Official.
(3) The city shall hold the security until completion of the
proposed improvements or development and a certificate of occupancy indicating
compliance with the conditional use permit and ordinances of the city has been issued
by the City Building Official.
(4) Failure to comply with the conditions of the conditional use
permit or the ordinances of the city shall result in forfeiture of the security.
Subd. 4. Interim conditional use permit
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a. Purpose. The purpose and intent of an interim conditional use
permit is:
(1) To allow a use for a brief period of time while permanent
location is obtained or constructed; or
(2) To allow a use that is presently judged acceptable by the
City Council, but that with anticipated development or redevelopment, will not be
acceptable in the future; or
(3) To allow a use that is reflective of anticipated long range
change to an area and that is in compliance with the Comprehensive Plan, provided
that the use maintains harmony and compatibility with surrounding uses and is in
keeping with the performance standards of this code; or
(4) To provide a mechanism for allowing changes to a
nonconforming use of property contingent upon a plan for cessation of the
nonconforming use within a specified period of time.
b. Informational requirement and procedure. The information
required and the procedure to be followed for all interim conditional use permit
applications shall be the same as that required for a conditional use permit as provided
for in this section.
C. Termination. An interim conditional use shall terminate on the
happening of any of the following events, whichever occurs first:
(1) The date stated in the permit;
(2) Upon violation of conditions under which the permit was
issued;
(3) Upon change in the city's zoning regulations that renders
the use nonconforming;
(4) The redevelopment of the use and property upon which it is
located to a permitted or conditional use as allowed within the respective zoning
district.
d. General standards. An interim conditional use permit shall comply
with the following:
(1) Conform to the applicable general building and performance
requirements of § 1201.03, Subd. 2 of this code;
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(2)
zoning district;
(3)
identified with certainty;
(4)
the public;
Shorewood, MN Code of Ordinances
The use is allowed as an interim use in the respective
The date or event that will terminate the use can be
The use will not impose additional unreasonable costs on
(5) The user agrees to any conditions that the City Council
deems appropriate for permission of the use. The conditions shall be set forth in a
development agreement between the property owner and the city, which agreement
shall be recorded with the Hennepin County Recorder or Registrar of Deeds.
e. Conditions of approval. In permitting a new interim conditional use
permit or amending an existing interim conditional use permit, the Planning
Commission may recommend and the City Council may impose, in addition to the
standards and requirements expressly specified by this code, additional conditions that
the Planning Commission or City Council consider necessary to protect the best
interest of the surrounding area or the community as a whole. These conditions may
include but are not limited to the following:
points;
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicular access
(4) Increasing the street width;
(5) Increasing the number of required off - street parking spaces;
(6) Limiting the number, size, location and lighting of signs;
(7) Requiring fencing, screening, landscaping or other facilities
to protect adjacent or nearby property.
f. Violations. After two nuisance or code violation complaints have
been made and verified with written notice to the holder of the interim conditional use
permit, a public hearing may be called within 60 days of the last complaint to reconsider
the interim conditional use permit.
g. Revocation. An interim use permit may be revoked if:
(1) The property is found to be in violation of the conditions
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listed in the interim conditional use permit; or
(2) If access to the property for purpose of making and
inspection is refused to the Zoning Administrator or its designee. The same process
established for granting the interim conditional use permit shall be followed when
considering revocation of an interim conditional use permit.
(1987 Code, § 1201.04) (Am. Ord. 383, passed 3 -25 -2002; Am. Ord. 389, passed
8 -12 -2002; Am. Ord. 550, passed - -2018)
1201.05 ADMINISTRATION, VARIANCES AND APPEALS.
Subd. 1. Purpose. The purpose of this section is to provide for-
a. Administrative appeal. An appeal process where it is alleged that
there is an error in any order, requirement, decision or determination by an
administrative officer in the enforcement of this chapter.
b. Variance. A variance process to allow deviations from the strict
provisions of this chapter including those placed on nonconformities. The variance
process is neither appropriate nor applicable to allow a use on a property that is not
permitted in the zoning district.
Subd. 2. Administrative appeal. An appeal shall only be applicable to an
interpretation of legislative intent of provisions of this chapter and shall be submitted to
the Zoning Administrator as indicated below.
a. Filing. The request for an appeal shall be submitted in writing and:
(1) Be submitted by the property owner or their agent and
include contact information for both parties.
(2) State the specific grounds upon which the appeal is made.
(3) Be filed within 14 days of the date the administrative
decision was mailed or sent by electronic mail.
(4) Include the fee as required by § 1301.02.
b. Notice to appellant. The Zoning Administrator shall notify the
appellant of the date and time of the Planning Commission and City Council meetings
where the request will be heard.
C. Stay of proceedings. An appeal stays all proceedings and the
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furtherance of the action being appealed, unless a stay would cause imminent peril to
life and property.
d. Planning Commission action. The Planning Commission shall
review the appeal at a public meeting, at which time the appellant or a representative
thereof may appear to answer questions concerning the request.
(1) The Planning Commission shall consider possible adverse
effects of the appeal.
(2) The Planning Commission shall make a finding of fact and
may recommend any actions or conditions relating to the request as they deem
necessary to carry out the intent and purpose of this chapter. The recommendation of
the Planning Commission shall be forwarded to the City Council at a regularly
scheduled meeting.
e. City Council action. Upon receiving the request and any report or
recommendation of the Planning Commission and the city staff, the City Council shall
make a recorded finding of fact within the time allowed by Minnesota Statutes. Action
on the request shall require passage by a simple majority vote of a quorum of the City
Council.
f. Decision. The Zoning Administrator shall send the appellant a
copy of the final order of the City Council by mail.
g. Appeal of Council action. Any person(s) aggrieved by any decision
of the board shall have the right to seek review of the decision with a court of record in
the manner provided by the laws of the State of Minnesota, and particularly M.S.
Chapter 462, as such statutes may be from time to time amended, supplemented or
replaced.
Subd.3. Variances.
a. Criteria. In considering all requests for a variance and in taking
subsequent action, the city staff, the Planning Commission and the City Council,
serving as the Board of Adjustments and Appeals, may approve a variance application
upon finding that all of the following criteria, as applicable, are met.
(1) The variance, and its resulting construction and use, is
consistent with the intent of the comprehensive plan and in harmony with the general
purposes and intent of this chapter.
(2) The applicant has established that there are practical
difficulties in complying with this chapter. Practical difficulties mean:
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(a) The property owner proposes to use the property in a
reasonable manner not permitted by this chapter;
(b) The plight of the landowner is due to circumstances
unique to the property not created by the landowner; and
(c) The variance, if approved, would not alter the
essential character of the locality.
(3) The variance would not be based exclusively on economic
considerations.
(4) The variance shall not impair an adequate supply of light
and air to adjacent property, unreasonably increase the congestion in the public street,
or increase the danger of fire or endanger the public safety.
(5) The variance, and its resulting construction or project, would
not be detrimental to the public welfare, nor would it be injurious to other land or
improvements in the neighborhood.
(6) The variance is the minimum variance necessary to address
or alleviate the practical difficulties.
b. Procedure.
(1) Application. Requests for variances, as provided within this
chapter, shall be filed with the Zoning Administrator on an official application form. The
application shall be accompanied by a fee as provided for by City Council resolution.
The application shall also be accompanied by three copies of a survey signed by a land
surveyor licensed in the State of Minnesota, and detailed written and graphic materials
fully explaining the proposed change, development or use.
(2) Staff review /technical assistance reports. Upon receipt of an
application for variance, the Zoning Administrator, or designee, may request additional
information or may obtain outside expert advice at the consent and expense of the
applicant. When all informational requirements have been complied with, the request
shall be considered officially submitted. The Zoning Administrator, or designee, shall
prepare technical reports and /or provide general assistance in preparing a
recommendation on the request to the Planning Commission and City Council.
(3) Public meeting. Upon official submission of the request, the
Zoning Administrator shall schedule a public meeting on the request for a regularly
scheduled Planning Commission meeting occurring at least ten days from the date
written notification of the public meeting is sent to all property owners within 500 feet of
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the boundary of the subject property. Failure of a property owner to receive the notice
shall not invalidate any proceedings as set forth within this chapter.
(4) Planning Commission action. The Planning Commission
shall conduct the public meeting, at which time the applicant or a representative thereof
may appear to answer questions concerning the proposed request. The Planning
Commission shall also take public testimony.
(a) The Planning Commission shall consider possible
adverse effects of the variance. In the case of a variance request, the Planning
Commission's judgment shall be based upon (but not limited to) the conditions set forth
in subdivision 3.a. of this section.
(b) The Planning Commission and city staff shall have
the authority to request any additional information from the applicant deemed
necessary to establish performance conditions pertaining to the request with the
consent and at the expense of the applicant.
(c) The Planning Commission shall make a finding of fact
and recommend the actions or conditions relating to the request as they deem
necessary to carry out the intent and purpose of this chapter. The recommendation
shall be in writing and accompanied by any report and recommendation of the city staff.
The written recommendation of the Planning Commission shall be forwarded to the City
Council.
(5) Referral to City Council. Upon receipt of the Planning
Commission report and recommendation, the Zoning Administrator shall place the
request and any report or recommendation on the agenda of a regularly scheduled
meeting of the City Council.
(6) City Council action. Upon receiving the request and any
report or recommendation of the Planning Commission and the city staff, the City
Council shall make a recorded finding of fact.
(a) Approval of a request shall require passage by a
simple majority vote of a quorum of the City Council.
(b) The Council may impose any condition it considers
necessary to protect the public health, safety and welfare, provided such conditions are
directly related to and bear a rough proportionality to the impact of the variance.
(c) Whenever an application for a variance has been
considered and denied by the City Council, a similar application for the variance
affecting substantially the same property shall not be considered again by the Planning
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Commission or City Council for at least six months from the date of its denial; and a
subsequent application affecting substantially the same property shall likewise not be
considered again by the Planning Commission or City Council for an additional six
months from the date of the second denial, unless a decision to reconsider the matter is
made by not less than a simple majority vote of a quorum of the City Council.
(7) Lapse of variance. Whenever within one year after granting
a variance, the use as permitted by the variance shall not have been completed or
utilized, then the variance shall become null and void unless a petition for extension of
time in which to complete or to utilize the use has been granted by the City Council.
The extension shall be requested in writing and filed with the Zoning Administrator at
least 30 days before the expiration of the original variance. There shall be no charge
for the filing of the petition. The request for extension shall state facts showing a good
faith attempt to complete or utilize the use permitted in the variance. The Zoning
Administrator shall present the request to the City Council for a decision.
(8) Appeal. Any person aggrieved by any decision of the City
Council shall have the right to seek review of the decision with a court of record in the
manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter
462.
C. Performance agreement. In the case a variance is approved
contingent upon certain conditions imposed by the Council, the council may require a
performance agreement to be executed.
(1) The agreement shall be drafted by staff and executed by the
applicant and the City Council. The agreement shall include:
(a) The terms of work and penalties for non - compliance
in a form agreeable to the City Attorney; and
(b) Authorize acceptance of a financial guarantee to
ensure the applicant completes the project per plan.
(2) The applicant shall provide the city with a letter of credit or
cash deposit prior to the issuing of building permits or initiation of work on the proposed
improvements or development. The security shall automatically renew with a minimum
of two months' notice prior to cancellation and shall be used to guarantee conformance
and compliance with the conditions of the variance and the ordinances of the city.
(3) The financial guarantee shall be in the amount of one and
one -half times the City Engineer's or Building Official's estimated costs of labor and
materials for the proposed improvements or development.
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(4) The city shall hold the security until completion of the
proposed improvements or development and a certificate of occupancy indicating
compliance with the variance and ordinances of the city has been issued by the City
Building Official.
(5) Failure to comply with the conditions of the variance and the
ordinances of the city shall result in forfeiture of the security for action necessary on the
part of the city to correct problems or deficiencies.
(1987 Code, § 1201.05) (Am. Ord. 383, passed 3 -25 -2002; Am. Ord. 485, passed
11 -14 -2011; Am. Ord. 547, passed - -2017; Am. Ord. 550, passed - -2018)
1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT.
Subd. 1. Purpose. This section is intended to allow flexibility within zoning districts
while maintaining land use compatibility with surrounding neighborhoods.
Subd. 2. Application. Within the zoning districts contained in §§ 1201.10 through
1201.23, planned unit development is allowed by conditional use permit. Land use and
densities are limited to land uses and densities specified in each of the individual
districts.
Subd. 3. Special procedures. The establishment of a PUD by conditional use
permit shall be subject to the procedures and requirements for conditional use permits
as set forth in § 1201.04 of this chapter and the standards and criteria set forth in §
1201.25 of this chapter. Each of the three stages of the review process shall require a
separate application.
(1987 Code, § 1201.06) (Ord. 208, passed 4 -11 -1988)
1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY.
Subd. 1. Certificate of occupancy.
a. No building or structure hereafter erected or moved, or that portion
of an existing structure or building erected or moved, shall be occupied or used in
whole or in part for any purpose whatsoever until a certificate of occupancy shall have
been issued by the Building Official starting that the building or structure complies with
all of the provisions within this chapter.
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b. The certificate shall be applied for coincidentally with the
application for a building permit, conditional use permit and /or variance and shall be
issued within ten days after the Building Official shall have found the building or
structure satisfactory and given final inspection. The application shall be accompanied
by a fee as established by City Council ordinance.
Subd. 2. Zoning permits. A zoning permit shall be required for activities that do not
require building permits but for which it is necessary to determine compliance with
zoning requirements such as setbacks, impervious surface coverage, structure height,
and the like:
a. Accessory buildings less than 120 square feet in area.
b. Driveways.
C. Sport and tennis courts.
d. Retaining walls higher than three feet (no separate permit required
when a building permit is required for grading).
e. Above - ground fireplaces and cooking facilities, but not including
portable appliances.
f. Irrigation systems.
g. Playground equipment or systems occupying more than 64 square
feet of ground area or exceeding six feet in height.
h. Underground animal control fences.
Tents and canopies erected for more than two weeks in a
12 -month period.
j. Portable storage facilities not associated with a valid building
permit and located on property for more than 30 days in a 12 -month period.
(1987 Code, § 1201.07; Am. Ord. 501, passed 3 -25 -2013)
1201.08 ENFORCEMENT AND PENALTIES.
Subd. 1. Enforcement. This chapter shall be administered and enforced by the
Zoning Administrator who is appointed by the City Council. The Zoning Administrator
may institute in the name of the city any appropriate actions or proceedings against a
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violator as provided by statute, charter or ordinance.
Subd. 2. Penalty. Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be fined not more than the maximum penalty for a
misdemeanor prescribed under state law. Each day that a violation is permitted to exist
shall constitute a separate offense.
Subd. 3. Effective date. This chapter shall be in full force and effect from and after
its passage and publication according to law.
(1987 Code, § 1201.08)
1201.09 ESTABLISHMENT OF ZONING CLASSIFICATIONS.
Subd. 1. Establishment of Districts. The following districts are established within
the city.
a. Residential Districts.
(1) R -1A, Single - Family Residential.
(2) R-113, Single - Family Residential.
(3) R -1 C, Single - Family Residential.
(4) R -1 D, Single - Family Residential.
(5) R -2A, Single and Two - Family Residential.
(6) R -213, Single and Two - Family Residential.
(7) R -2C, Single and Two - Family Residential.
(8) R -3A, Multiple - Family Residential.
(9) R -313, Multiple - Family Residential.
(10) R -C, Residential /Commercial.
b. Commercial Districts.
(1) C -1 General Commercial.
(2) C -2, Service Commercial.
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C. Special Districts.
(1) L -R, Lakeshore Recreational.
(2) PUD, Planned Unit Development.
(3) S, Shoreland.
Subd. 2. Map. The location and boundaries of the districts established by this
chapter are set forth on the Zoning Map entitled "Zoning Map of Shorewood." The map
shall remain on file with the Zoning Administrator and shall be hereinafter referred to as
the "Zoning Map," which map and all of the notations, references and other information
shown thereon shall have the same force and effect as if fully set forth herein and
thereby made a part of this chapter by reference.
Subd. 3. Zoning district boundaries. Zoning district boundary lines of this chapter
follow lot lines, railroad right -of -way lines, the center of water courses or the corporate
limit lines, all as they exist upon the effective date of this chapter.
a. If district boundary lines do not follow any of the above described
lines, the district boundary lines are established as drawn on the Zoning Map. Where a
district boundary line divides a lot of record which was in single ownership at the time
of enactment of this chapter and places portions of the lot in two or more use districts,
any portion of the lot within 50 feet on either side of a dividing district boundary line
may be used for any use of either use district; provided, however, if any portion of the
lot shall extend beyond the 50 feet limitation, the district line as shown shall prevail.
b. Appeals concerning the exact location of a zoning district boundary
line shall be heard by the City Council serving as the Board of Adjustments and
Appeals.
C. When any street, alley or other public right -of -way is vacated by
official action of the city, the zoning district abutting the center line of the alley or other
public right -of -way shall not be affected by the proceedings.
(1987 Code, § 1201.09) (Ord. 367, passed 9 -11 -2000; Ord. 368, passed 11 -27 -2000;
Ord. 388, passed 7 -8 -2002; Ord. 415, passed 4 -25 -2005; Ord. 423, passed 7 -24 -2006;
Ord. 424, passed 7 -24 -2006; Ord. 425, passed 7 -24 -2006; Ord. 426, passed
7 -24 -2006)
1201.10 R -1A, SINGLE - FAMILY RESIDENTIAL DISTRICT.
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Subd. 1. Purpose. The R -1A District is intended to provide a district which will
allow suitable areas of the city to be retained and utilized for low density residential,
open space and /or agricultural uses.
Subd. 2. Permitted uses. The following are permitted uses in an R -1A District:
a. Public parks, playgrounds, recreational areas, wildlife areas and
game refuges;
b. Single- family detached dwellings;
C. Essential services not exceeding 40 feet in height;
d. Single- family detached dwellings used as residential facilities, as
defined by § 1201.02, licensed by the state and serving six or fewer persons;
e. Single- family detached dwellings used as day care facilities, as
defined by § 1201.02, licensed by the state and serving ten or fewer persons.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -1A District:
a. Operation and storage of such vehicles, equipment and machinery
which are incidental to permitted or conditional uses allowed in this District;
b. The boarding or renting of rooms to not more than two persons;
C. Living quarters of persons employed on the premises, only when
the quarters are part of the principal dwelling;
d. Home occupations as regulated by § 1201.03, subdivision 12 of
this chapter;
e. Storage or parking of recreational vehicles and equipment within
the buildable area of the lot;
f. Noncommercial greenhouses and conservatories;
g. Swimming pools, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the principal
use and their guests;
h. Tool houses, sheds and similar buildings for storage of domestic
supplies and recreational equipment;
i. Private garages, parking spaces and carports for licensed and
operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as
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regulated by § 1201.03, Subd. 5 (off- street parking) of this chapter. Private garages are
intended for use 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.
The space can be rented to nonresidents of the property for private passenger vehicles
and /or noncommercial vehicles, trailers or equipment if sufficient off- street parking in
full compliance with this chapter is provided elsewhere on the property. The garage
shall not be used for the storage of more than one commercial vehicle owned or
operated by a resident per dwelling unit;
Signs, as regulated by § 1201.03, Subd. 11. of this chapter;
k. Individual boat dock and customary beach accessories subject to §
1201.03, Subd. 14. of this chapter.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -1A
District: (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community, provided that:
(1) When abutting a residential use in any residential use
district, the property is screened and landscaped in compliance with § 1201.03, Subd.
2.g. of this chapter;
(2) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
b. Public or semi - public recreational buildings and neighborhood or
community centers; public and private educational institutions limited to elementary,
junior high and senior high schools; and religious institutions such as churches,
chapels, temples and synagogues, provided that:
(1) Side yards shall be double that required for the district, but
no greater than 30 feet;
(2) Adequate screening from abutting residential uses and
landscaping is provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off - street parking and access is provided on the
site or on lots directly abutting or directly across a public street or alley to the principal
use in compliance with § 1201.03, subdivision 5 and that the parking is adequately
screened and landscaped from surrounding and abutting residential uses in
compliance with § 1201.03, subdivision 2g;
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(4) Adequate off - street loading and service entrances are
provided and regulated where applicable by § 1201.03, subdivision 6;
(5) The provisions of § 1201.04, subdivision 1d(1) are
considered and satisfactorily met.
C. Commercial outdoor recreational areas, including golf courses and
country clubs, swimming pools and similar facilities, provided that:
(1) The principal use, function or activity is open, outdoor in
character;
(2) Not more than 5% of the land area of the site shall be
covered by buildings or structures;
(3) When abutting a residential use and a residential use
district, the property is screened and landscaped in compliance with § 1201.03,
subdivision 2g;
(4) The land area of the property containing the use or activity
meets the minimum established for the district;
(5) The provisions of § 1201.04, subdivision 1d(1) of this
chapter are considered and satisfactorily met.
d. Farm or truck gardens, provided that:
(1) Any sale of agricultural products is limited to the products as
are raised on the premises only;
(2) The provisions of § 1201.04, subdivision 1d(1) are
considered and satisfactorily met.
e. Farming and agricultural related buildings are structures subject to
Minnesota Pollution Control Standards, but not including commercial feed lots or other
commercial operations.
f. Cemeteries, provided that:
(1) The site accesses on at least a minor arterial;
(2) The site is totally screened from view in accordance with §
1201.03, subdivision 2g;
(3) The provisions of § 1201.04, subdivision 1d(1) are
considered and satisfactorily met.
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g. Residential planned unit development as regulated by § 1201.06 of
this chapter, provided that:
(1) Land uses allowed in a planned unit development are
limited to those land uses listed as permitted uses, permitted accessory uses and
conditional uses in this section;
(2) The proposed development complies with the development
agreement as required for planned unit developments, pursuant to § 1201.25.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -1A District subject to additional requirements, exceptions and
modifications set forth in this chapter.
a. Lot area: Not less than 40,000 square feet;
b. Lot width: Not less than 120 feet;
C. Lot depth: Not less than 150 feet;
d. Setbacks:
(1) Front yard: Not less than 50 feet;
(2) Rear yard: Not less than 50 feet;
(3) Side yard: Not less than 10 feet on each side nor less than
50 feet on a side yard abutting a street.
Subd. 6. Building requirements. No structure shall exceed two and one -half
stories, or 35 feet, whichever is least.
(1987 Code, § 1201.10) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988;
Ord. 242, passed 8 -26 -1991)
1201.11 R-1113, SINGLE - FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -1 B District is intended to provide a district which will
retain a low density residential character yet enable greater flexibility in design and
provide economy in public expenditures for public utilities and service.
Subd. 2. Permitted uses. The following are permitted uses in an R -1 B District:
a. Single- family detached dwellings;
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b. Public parks and playgrounds;
C. Essential services;
d. Single- family detached dwellings used as residential facilities, as
defined by § 1201.02 of this chapter, licensed by the state and serving six or fewer
persons;
e. Single- family detached dwellings used as day care facilities, as
defined by § 1201.02 of this chapter, licensed by the state and serving ten or fewer
persons.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -1 B District:
a. Operation and storage of the vehicles, equipment and machinery
which are incidental to permitted or conditional uses allowed in this District;
b. The boarding or renting of rooms to not more than one person.
Living of persons employed on the premises, only when the quarters are part of the
principal dwelling;
C. Home occupations as regulated by § 1201.03, subdivision 12 of
this chapter;
d. Storage or parking of recreational vehicles and equipment within
the buildable area of the lot;
e. Noncommercial greenhouses and conservatories;
f. Swimming pools, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the principal
use and their guests;
g. Tool houses, sheds and similar buildings for storage of domestic
supplies and recreational equipment;
h. Private garages, parking spaces and carports for licensed and
operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as
regulated by § 1201.03, subdivision 5 (off- street parking) of this chapter. Private
garages are intended for use 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. The space can be rented to nonresidents of the property for private
passenger vehicles and /or noncommercial vehicles, trailers or equipment if sufficient
off- street parking in full compliance with this chapter is provided elsewhere on the
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property. The garage shall not be used for the storage of more than one commercial
vehicle owned or operated by a resident per dwelling unit;
Signs, as regulated by § 201.03, subdivision 11;
j. Individual boat dock and customary beach accessories subject to §
1201.03, subdivision 14.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -1 B
District: (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community, provided that:
(1) When abutting a residential use in a residential use district,
the property is screened and landscaped in compliance with § 1201.03, subdivision 2g;
(2) The provisions of § 1201.04, subdivision 1d(1) are
considered and satisfactorily met;
b. Public or semi - public recreational buildings and neighborhood or
community centers; public and private educational institutions limited to elementary,
junior high and senior high schools; and religious institutions such as churches,
chapels, temples and synagogues, provided that:
(1) Required side yards shall be double that required for the
district, but no greater than 30 feet;
(2) Adequate screening from abutting residential uses and
landscaping is provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off - street parking and access is provided on the
site or on lots directly abutting or directly across a public street or alley to the principal
use in compliance with § 1201.03, subdivision 5 and that the parking is adequately
screened and landscaped from surrounding and abutting residential uses in
compliance with § 1201.03, subdivision 2g;
(4) Adequate off - street loading and service entrances are
provided and regulated where applicable by § 1201.03, subdivision 6;
(5) The provisions of § 1201.04, subdivision 1d(1) are
considered and satisfactorily met.
C. Residential planned unit development as regulated by § 1201.06,
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provided that:
(1) Land uses allowed in a planned unit development are
limited to those land uses listed as permitted uses, permitted accessory uses and
conditional uses in this section;
(2) The proposed development complies with the development
agreement as required for planned unit developments, pursuant to § 1201.25.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -1 B District subject to additional requirements, exceptions and
modifications set forth in this chapter:
a. Lot area: Not less than 30,000 square feet;
b. Lot width: Not less than 110 feet;
C. Lot depth: Not less than 135 feet;
d. Setbacks:
(1) Front yard: Not less than 40 feet;
(2) Rear yard: Not less than 40 feet;
(3) Side yard: Not less than 10 feet on each side nor less than
40 feet on a side yard abutting a street.
Subd. 6. Building requirements. No structure shall exceed two and one -half stories,
or 35 feet, whichever is least.
(1987 Code, § 1201.11) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988;
Ord. 242, passed 8 -26 -1991)
1201.12 R -1C, SINGLE - FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -1 C District is intended to allow a greater concentration of
single - family dwellings in areas served by municipal utilities and where appropriate
reservations for open space have been established by means other than individual lot
areas.
Subd. 2. Permitted uses. The following are permitted uses in an R -1 C District: all
permitted uses allowed in the R -1 B District.
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Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -1 C District: all permitted accessory uses allowed in the R -1 B District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -1 C
District: all conditional uses, subject to the same conditions, as allowed in the R -1 B
District. (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -1 C District subject to additional requirements, exceptions
and modifications set forth in this chapter:
a. Lot area: Not less than 20,000 square feet;
b. Lot width: Not less than 100 feet;
C. Lot depth: Not less than 120 feet;
d. Setbacks:
(1) Front yard: Not less than 35 feet;
(2) Rear yard: Not less than 40 feet;
(3) Side yard: Not less than 10 feet on each side nor less than
35 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and one -half
stories, or 35 feet, whichever is least.
(1987 Code, § 1201.12) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991)
1201.13 R -1 D, SINGLE - FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -1 D District is intended to allow a greater concentration of
single - family dwellings in areas served by municipal utilities and where appropriate
reservations for open space have been established by means other than individual lot
areas. The District also recognizes the existence of older areas of the community in
which smaller lots exist.
Subd. 2. Permitted uses. The following are permitted uses in an R -1 D District: all
permitted uses allowed in the R -1 B District.
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Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -1 D District: all permitted accessory uses allowed in the R -1 B District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -1 D
District: all conditional uses, subject to the same conditions, as allowed in the R -1 B
District. (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -1 D District subject to additional requirements, exceptions
and modifications set forth in this chapter:
a. Lot area: Not less than 10,000 square feet;
b. Lot width: Not less than 75 feet;
C. Lot depth: Not less than 120 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 35 feet;
(3) Side yard: Not less than 10 feet on each side nor less than
30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
(1987 Code, § 1201.13) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991)
1201.14 R -2A, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -2A District is intended to provide suitable areas of the
community which will allow construction of single - family and two - family homes, yet
maintain the character and amenities of low density single - family residential areas.
Subd. 2. Permitted uses. The following are permitted uses in an R -2A District:
a. Single- family detached dwellings;
b. Two - family dwellings;
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C. Single- family detached dwellings used as residential facilities, as
defined by § 1201.02 of this chapter, licensed by the state and serving six or fewer
persons;
d. Single- family detached dwellings used as day care facilities, as
defined by § 1201.02 of this chapter, licensed by the state and serving ten or fewer
persons;
e. Public parks and playgrounds;
f. Essential services.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -2A District: all accessory uses allowed in an R -1 B District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -2A
District: all conditional uses, subject to the same conditions, as allowed in an R -1 B
District. (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -2A District, subject to additional requirements, exceptions
and modifications set forth in this chapter:
feet;
a. Lot area:
(1) Single- family dwelling: Not less than 20,000 square feet;
(2) Two - family dwelling: Not less than 30,000 square
b. Lot width: Not less than 100 feet;
C. Lot depth: Not less than 120 feet;
d. Setbacks:
(1) Front yard: not less than 35 feet;
(2) Rear yard: not less than 40 feet;
(3) Side yard: not less than 10 feet on each side nor less than
35 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
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Subd. 7. Lot area per unit requirement. The following minimum lot area per unit
requirements shall be calculated on the basis of the total net area in the project and as
controlled by an individual or joint ownership:
a. Two - family dwellings: not less than 15,000 square feet;
b. All other dwellings: not less than 20,000 square feet.
(1987 Code, § 1201.14) (Ord. 180, passed 5 -19 -1980; Am. Ord. 242, passed
8 -26 -1991)
1201.15 R -2113, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -213 District is intended to provide suitable areas of the
community which will allow construction of single - family and two - family homes of a
more compact nature, while maintaining the character and amenities of low density
single - family residential areas.
Subd. 2. Permitted uses. The following are permitted uses in an R -213 District: all
permitted uses allowed in the R -2A District.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -213 District: all permitted accessory uses allowed in an R -1 B District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -213
District: all conditional uses, subject to the same conditions, as allowed in an R -1 B
District. (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -213 District, subject to additional requirements, exceptions
and modifications set forth in this chapter:
a. Lot area:
(1) Single- family dwelling: not less than 15,000 square feet;
(2) Two - family dwelling: not less than 20,000 square feet;
b. Lot width: not less than 90 feet;
C. Lot depth: not less than 120 feet;
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d. Setbacks:
(1) Front yard: not less than 30 feet;
(2) Rear yard: not less than 30 feet;
(3) Side yard: not less than 10 feet on each side nor less than
30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit
requirements shall be calculated on the basis of the total net area in the project and as
controlled by an individual or joint ownership:
a. Two - family dwellings: not less than 10,000 square feet;
b. All other dwellings: not less than 15,000 square feet.
(1987 Code, § 1201.15) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991)
1201.16 R -2C, SINGLE AND TWO- FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -2C District is intended to provide suitable areas of the
community which will allow construction of single - family and two - family homes of a very
compact nature while retaining a low to medium density of approximately five units per
acre.
Subd. 2. Permitted uses. The following are permitted uses in an R -2C District: all
permitted uses allowed in the R -2A District.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -2C District: all accessory uses allowed in an R -1 B District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -2C
District: all conditional uses, subject to the same conditions, as allowed in an R -1 B
District, except for recreational vehicles. (Requires a conditional use permit based upon
procedures set forth in and regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -2C District, subject to additional requirements, exceptions
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and modifications set forth in this chapter:
feet;
a. Lot area:
(1) Single- family dwelling: Not less than 10,000 square feet;
(2) Two - family dwelling: Not less than 15,000 square
b. Lot width: Not less than 75 feet;
C. Lot depth: Not less than 100 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 35 feet;
(3) Side yard: Not less than 10 feet on each side nor less than
30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit
requirements shall be calculated on the basis of the total net area in the project and as
controlled by an individual or joint ownership:
a. Two - family dwellings: Not less than 7,500 square feet;
b. All other dwellings: Not less than 10,000 square feet.
(1987 Code, § 1201.16) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991)
1201.17 R -3A, MULTIPLE - FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -3A District is intended to provide a greater variety in the
type of housing units available within the community, while retaining the environment
and character of less intensive residential areas through carefully established bulk and
lot area requirements.
Subd. 2. Permitted uses. The following are permitted uses in the R -3A District:
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a. Two - family dwellings;
b. Townhouses and quadraminiums, as defined by § 1201.02, subject
to the regulations and requirements of § 1201.06;
C. Multiple - family dwellings containing four or less dwelling units.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -3A District:
a. Private garages, parking spaces and carports for licensed and
operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as
regulated by § 1201.03, Subd. 5 (off- street parking) of this chapter. Private garages are
intended for use 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.
The space can be rented to nonresidents of the property for private passenger vehicles
and /or noncommercial vehicles, trailers or equipment if sufficient off - street parking in
full compliance with this chapter is provided elsewhere on the property. The garage
shall not be used for the storage of more than one commercial vehicle owned or
operated by a resident per dwelling unit;
b. Swimming pools, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the principal
use and their guests;
C. Tool houses, sheds and similar buildings for storage of domestic
supplies and noncommercial recreational equipment;
d. Signs, as regulated by § 1201.03, subdivision 11 of this chapter;
e. Individual boat dock and customary beach accessories subject to §
1201.03, Subd. 14 of this chapter.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -3A
District: (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04 of this chapter.)
a. All conditional uses, subject to the same conditions, as allowed in
the R -2C District;
b. Residential facilities as defined in § 1201.02 of this chapter,
licensed by the state and serving no more than 16 persons;
C. Nursing homes as defined in § 1201.02 of this chapter, provided
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that:
(1) Side yards are double the minimum requirements
established for this District and are screened in compliance with § 1201.03, Subd. 2g of
this code;
(2) The side shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated;
(3) All signing and informational or visual communication
devices shall be in compliance with § 1201.03, Subd. 11 of this code;
(4) All state laws and statutes governing the use are strictly
adhered to and all required permits are secured;
(5) Adequate off - street parking is provided in compliance with §
1201.03, Subd. 5 of this code;
(6) One off - street loading space in compliance with § 1201.037
Subd. 6 of this code is provided;
(7) The provisions of § 1201.04, Subd. 4d(1) of this code have
been considered and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -3A District, subject to additional requirements, exceptions
and modifications set forth in this chapter:
a. Lot area:
(1) Two - family: Not less than 20,000 square feet;
(2) All other: Not less than 30,000 square feet;
b. Lot width:
(1) Two - family dwelling: Not less than 90 feet;
(2) All other: Not less than 100 feet;
C. Lot depth: Not less than 120 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
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(3) Side yard: Not less than 15 feet on each side nor less than
30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit
requirements shall be calculated on the basis of the total net area in the project and as
controlled by an individual or joint ownership:
a. Two - family dwellings: Not less than 10,000 square feet;
b. All other dwellings: Not less than 7,000 square feet.
(1987 Code, § 1201.17) (Ord. 180, passed 5 -19 -1986; Am. Ord. 242, passed
8 -26 -1991; Ord. 243, passed 9 -9 -1991)
1201.18 R -3113, MULTIPLE - FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The R -313 District is intended to provide a greater variety in the
type of housing units available within the community by allowing construction of
two - family, towhnouse, quadraminium and apartment dwellings at a density ranging up
to ten units per acre.
Subd. 2. Permitted uses.
a. Two - family dwellings.
b. Townhouses and quadraminiums, as defined by § 1201.02, subject
to the regulations and requirements of § 1201.06.
C. Multiple - family dwellings.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -313 District: all accessory uses allowed in an R -3A District.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -313
District: all conditional uses, subject to the same conditions, as allowed in the R -3A
District. (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -313 District, subject to additional requirements, exceptions
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and modifications set forth in this chapter:
a. Lot area:
(1) Two - family dwelling: Not less than 15,000 square feet;
(2) All other: Not less than 20,000 square feet;
b. Lot width:
(1) Two - family dwelling: Not less than 75 feet;
(2) All other: Not less than 100 feet;
C. Lot depth: Not less than 100 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 15 feet on each side nor less than
30 feet on a side yard abutting a street.
Subd. 6. Building requirements. Height: no structure shall exceed three stories, or
40 feet, whichever is least.
Subd. 7. Lot area per unit requirement. The following minimum lot area per unit
requirements shall be calculated on the basis of the total net area in the project and as
controlled by an individual or joint ownership:
a. Two - family dwellings: Not less than 7,500 square feet;
b. All other dwellings: Not less than 3,500 square feet.
(1987 Code, § 1201.18)
1201.19 R -C, RESIDENTIAL /COMMERCIAL DISTRICT.
Subd. 1. Purpose. The R -C District is intended for a gradual transition between
commercial and residential uses. More specifically, the R -C District is established to
buffer residential uses from adjacent high intensity use areas by permitting residentially
compatible service- oriented commercial uses and controlling those uses which can be
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compatible with residential areas given adequate control.
Subd. 2. Permitted uses. The following are permitted uses in an R -C District: all
uses permitted in Residential Districts R -IA through R -213, except single - family
residential dwellings.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
an R -C District:
a. All accessory uses allowed in the R -213 District;
b. Parking and loading facilities subject to the provisions of §
1201.03, Subds. 5 and 6;
C. Signs, as regulated in § 1201.03, Subd. 11.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -C
District: (Requires a conditional use permit based upon procedures set forth in and
regulated by § 1201.04.)
a. All conditional permitted uses, subject to the same conditions as
allowed in the R -213 District;
b. Conservatories, art or music studios, nurseries and nurseries with
garden supply centers, provided that:
(1) Adequate off - street parking shall be provided in compliance
with § 1201.03, Subd. 5g;
(2) Vehicular access shall create a minimum of traffic conflicts;
(3) The use shall not have a predominant retail character;
(4) The site and related parking and service entrances shall be
served by an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated;
(5) When abutting an R -1A through R -2C Residential District, a
buffer area with screening and landscaping as provided in § 1201.03, Subd. 2g.
C. Professional and business offices, medical and dental offices,
provided that:
(1) Adequate off - street parking shall be provided in compliance
with § 1201.03, Subd. 5;
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(2) Vehicular access shall create a minimum of traffic conflict;
(3) The site and related parking and service entrances shall be
served by an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated;
(4) When abutting an R -1A through R -2C Residential District, a
buffer area with screening and landscaping as provided in § 1201.03, Subd. 2.g.
d. Residential or commercial planned unit development as regulated
by § 1201.06, provided that:
(1) Land uses allowed in a planned unit development are
limited to those land uses listed as permitted uses, permitted accessory uses and
conditional uses in this section;
(2) The proposed development complies with the development
agreement as required for planned unit developments, pursuant to § 1201.25.
e. Nursing homes as defined in § 1201.02, provided that:
(1) Side yards are double the minimum requirements
established for this District and are screened in compliance with § 1201.03, Subd. 2.g.;
(2) The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated;
(3) All signing and informational or visual communication
devices shall be in compliance with § 1201.03, Subd. 11;
(4) All state laws and statutes governing the use are strictly
adhered to and all required permits are secured;
(5) Adequate off - street parking is provided in compliance with §
1201.03, Subd. 5;
(6) One off - street loading space in compliance with § 1201.03,
Subd. 6 is provided;
(7) The provisions of § 1201.04, Subd. 4.d.(1) have been
considered and satisfactorily met.
f. Custom woodworking shop, provided that:
(1) The total number of employees working on the premises
shall not exceed three.
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(2) The use shall not have a predominant retail character. Any
retail sales conducted on the premises shall be limited to products produced on the
premises.
(3) Products produced on the premises shall be limited to
custom, one -of -a- kind woodwork items.
(4) Noise, dust and odor shall comply with the standards of the
Minnesota Pollution Control Agency and shall not constitute a nuisance to adjacent
residential uses.
(5) Adequate off - street parking shall be provided in compliance
with § 1201.03, Subd. 5. of this code.
(6) All work shall be performed entirely within the building.
There shall be no outdoor display or storage on the property.
g. Daycare facilities, as defined in § 1201.02 Subd. 4. of this code,
serving ten or more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No
certificate of occupancy shall be issued for a daycare facility until proof of approved
applicable state licenses has been provided to the Zoning Administrator.
(2) All child daycare facilities shall have an outdoor activity area
complying with the following:
(a) The activity area shall be at least 1,500 square feet in
area, and at least 75 square feet of area per child within the area at any given time
during use.
(b) The activity area shall be located within the buildable
area of the lot.
(c) The activity area shall be screened and landscaped
to buffer neighboring residential uses.
(d) The activity area shall be enclosed to prevent
children from leaving the premises unattended.
(3) Off - street parking must be provided in compliance with §
1201.03 Subd. 5. of this code. The number of parking spaces required for a daycare
facility shall be one space for each four persons of licensed capacity.
(4) Adequate short -term parking or drop -off area shall be
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provided within close proximity to the main entrance of the building. The short -term
parking or drop -off area shall accommodate three car spaces and shall be designated
as temporary in nature. The short -term parking or drop -off area shall not conflict with
off - street parking access or pedestrian movement.
(5) When a daycare facility is an accessory use within a
structure containing another principal use, each use shall be calculated separately for
determining the total off - street parking spaces required.
(6) Daycare facilities are limited to 4,500 square feet in gross
floor area.
(7) The structure in which the daycare facility is located shall
comply with all applicable building and fire codes.
(8) The provisions of § 1201.04 Subd. 1.d.(1) of this code must
be considered and satisfactorily met.
h. Self- storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring
residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure.
The enclosure shall conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00
p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be hooded and so directed so that it is not
visible from the public right -of -way or from any abutting residential district;
(6) The structures shall conform to height restrictions of the C -1
District. In addition, all structures within 50 feet of any property line shall be limited to
one story or 15 feet, whichever is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No
retail service businesses or workshops shall be allowed. Each facility shall have one
residential dwelling unit to be used only by a resident caretaker or manager. The
requirement of a caretaker residence may be waived by the City Council, provided that:
(a) A caretaker residence for an approved self- storage
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facility under the same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a
caretaker residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be
recorded against the property, restricting its sale unless a caretaker residence is
constructed on the property, or a caretaker residence for an approved self- storage
facility under the same ownership, located within 600 feet of the subject property is
provided;
(9) The entire area, other than occupied by the buildings or
plantings, shall be surfaced with material which will control dust and drainage and is
subject to the approval of the City Engineer;
(10) The number of off - street parking spaces shall not be less
than six. No on- street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which
will be designed so as not to require backing in from a public street;
(12) The applicants shall provide a performance bond or letter of
credit to assure completion of the facility in accordance with the plans and
specifications approved by the City Council. The amount of the bond shall be
established by the City Council at the recommendation of the city staff;
(13) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in an R -C District subject to additional requirements, exceptions and
modifications set forth in this chapter:
a. Lot area:
(1) Two - family dwelling: not less than 20,000 square feet;
(2) All other: not less than 15,000 square feet;
b. Lot width: not less than 100 feet;
C. Lot depth: not less than 120 feet;
d. Setbacks:
(1) Front yard: not less than 35 feet;
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(2) Rear yard: not less than 40 feet;
(3) Side yard: not less than 15 feet on each side nor less than
35 feet on a side yard abutting a street;
less than 25 feet;
(4) Nonresidential use setback from R District boundary: not
(5) Lakeshore: not less than 100 feet.
Subd. 6. Building requirements. Height: no structure shall exceed two and
one -half stories, or 35 feet, whichever is least.
Subd. 7. Lot area per unit requirement. Not less than 10,000 square feet.
Subd. 8. Special district provisions.
a. Where a conditional use abuts an R -1A through R -2C District,
buffer fences or planting screens shall be installed by the conditional use permit
recipient according to provisions of § 1201.03, Subd. 2.g. of this code, should the
Council determine that a need for a buffer exists.
b. Special use commercial activities shall be allowed to operate only
between the hours of 7:00 a.m. and 9:00 p.m. in the R -C District. Occasional
emergency dental service may occur outside of normal business hours provided such
service does not adversely affect surrounding residential uses.
C. All noise levels generated by activities in the R -C District must
conform to state standards.
d. Signs shall comply with the requirements under § 1201.03, Subd.
11, as well as the following additional provisions:
(1) Business signs shall be limited to a total surface area
determined by taking 5% of the gross silhouette area of the front of the building, but not
more than 100 square feet per property. Where the principal building is on a corner lot
and thus faces two public streets, both sides may be counted. Not more than two
individual signs, including freestanding signs, may be displayed per property;
(2) Illuminated signs shall not be permitted in the R -C District,
except that:
(a) Signs located at least 100 feet from a residential
district boundary may be illuminated.
(b) Signs located nearer than 100 feet to a residential
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district boundary may be illuminated, provided the sign is screened from view of
residential properties.
(c) In no case shall signs in the R -C District be
illuminated between the hours of 9:00 p.m. and 7:00 a.m.
(d) All illuminated signs must comply with the provisions
of § 1201.03 Subd. 2.i. of this code.
(3) Freestanding signs not exceeding 40 square feet and not
higher than eight feet shall be permitted in the R -C District.
e. Storage - displays: with the exception of nursery stock, all
materials, supplies, merchandise or other similar matter not on display for direct sale,
rental or lease to the ultimate consumer or user shall be stored within a completely
enclosed building within the R -C District or within the confines of 100% opaque wall or
fence not less than five feet high.
f. The City Council or its designated representative shall evaluate the
design elements of the conditional uses under the provisions of § 1201.04.
(1987 Code, § 1201.19) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988;
Ord. 243, passed 9 -9 -1991; Ord. 397, passed 8 -25 -2003; Ord. 403, passed 5 -24 -2004;
Ord. 422, passed 7 -24 -2006; Am. Ord. 520, passed 7 -27 -2015)
1201.20 RESERVED FOR FUTURE USE.
1201.21 RESERVED FOR FUTURE USE.
1201.22 C -1, GENERAL COMMERCIAL DISTRICT.
Subd. 1. Purpose. The purpose of the C -1, General Commercial District is to
provide for low to moderately intense retail or service outlets that deal directly with the
customer to whom the goods or services are furnished. The uses allowed in this district
are to provide goods and services on a limited community market scale and located in
areas that are well served by collector or arterial street facilities.
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Subd. 2. Permitted uses. The following are permitted uses in a C -1 District:
a. Trade and services. Retail stores, personal service or business
service establishments, including the following and other similar uses:
(1)
commercial recreation;
(2)
(3)
(4)
(5)
(6)
(7)
premises;
(8)
financial institutions;
drinks;
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Amusement places (such as dance halls or roller rinks) and
Antique, resale or gift shop;
Apparel sales;
Art and school supplies and picture framing;
Art gallery and sales;
Auto accessory store;
Bakery goods and baking of goods for retail sales on the
Bank, savings and loan, savings credit unions and other
Barber shops;
Beauty parlors;
Bicycle sales and repair;
Body art establishments (licensed);
Books, office supplies or stationery stores;
Bowling alleys;
Camera and photographic supplies;
Candy, ice cream, popcorn, nuts, frozen desserts and soft
(17) Catering establishments;
(18) Coffee houses;
(19) Coin and philatelic stores;
(20) Commercial tutoring and learning centers;
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(21) Computer and business machine sales or service stores;
(22) Convenience grocery stores (not supermarket type and
without motor fuel);
(23) Copy service, printing service and newspaper offices;
(24) Day spas;
(25) Delicatessen;
(26) Department and discount stores;
(27) Drugstore;
(28) Dry cleaning, including plant accessory thereto, pressing
and repairing;
(29)
Electrical home appliance stores, including incidental repair
and assembly but not fabricating or manufacturing;
(30)
Electronic media rental and sales;
(31)
Employment agencies;
(32)
Enclosed boat and marine sales;
(33)
Essential services;
(34)
Floor covering stores;
(35)
Florist shop;
(36)
Furniture stores;
(37)
Garden supply stores;
(38)
Gift or novelty stores;
(39)
Government and public utility buildings;
(40)
Grocery store, supermarket (but not including sales from
moveable, motorized vehicles);
(41)
Hardware;
(42)
Hobby and craft store;
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(43) Home entertainment and electronics sales;
(44)
Insurance sales;
(45)
Interior decorating studios;
(46)
Jewelry stores;
(47) Laundromat, self- service washing and drying;
(48) Leather goods and luggage stores;
(49) Liquor, on and off sale;
(50) Locksmiths;
(51) Massage therapy services, licensed pursuant to Chapter
(52) Meat market, but not including processing for a locker plant;
(53) Motels, motor hotels and hotels, provided that the lot
contains not less than 500 square feet of lot area per unit;
(54) Motor vehicle and recreational equipment sales and
structures;
(55) Offices - commercial and professional, including
chiropractic, medical, dental and laboratories accessory thereto;
(56) Optical stores and laboratories accessory thereto;
(57) Paint and wallpaper sales;
(58) Pest control services;
(59) Pet sales, supplies and grooming;
(60) Photography studios;
(61) Plumbing, heating, ventilation and air conditioning, electrical
sales, and the repair thereof as an accessory use to the retail establishment permitted
within this district, but not including fabricating or manufacturing;
(62) Private clubs or lodges serving food and beverages;
(63) Public utility collection offices;
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(64) Real estate sales;
(65) Record - music shops;
(66) Recreation - personal fitness;
(67) Restaurants and cafes, not including drive -in facilities;
(68) Shoe stores and shoe repair;
(69) Sporting goods sales;
(70) Tailor shops;
(71) Tanning salons;
(72) Theatres, not of the outdoor drive -in type;
(73) Tobacco shops;
(74) Toy stores;
(75) Travel bureaus, transportation ticket offices; and
(76) Veterinary clinic with indoor overnight care and indoor
'7111W,
b. Commercial parking garages, ramps and lots for passenger
vehicles only, provided stacking space is provided within the structure or lot for holding
cars awaiting entrance, which stacking space shall have a capacity of no less than two
vehicles;
C. Adult establishments, subject to the requirements of Chapter 309
and Chapter 509 of the city code, as may be amended;
d. Uses similar to those enumerated in a. above, but not included in
the listing, shall be subject to review and recommendation by the Planning Commission
and approval by the City Council. It is the responsibility of the applicant to demonstrate
that a particular use is consistent with the uses listed above, including, but not limited
to, traffic, hours of operation, noise, signage and the market intended to be served.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
a C -1 District:
a. Arcade games;
b. Commercial or business buildings and structures for a use
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accessory to the principal use, but the accessory use shall not exceed 30% of the
gross floor space of the principal use;
C. Off - street parking as regulated by § 1201.03 Subd. 5. of this Code;
d. Off - street loading as regulated by § 1201.03 Subd. 6. of this Code;
e. Semi truck parking;
f. Signs as regulated by § 1201.03 Subd. 11. of this Code.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C -1
District: (Requires a conditional use permit based on procedures set forth in and
regulated by § 1201.04.):
a. Convenience store or grocery store with motor fuel sales (no
vehicle service or repair), provided that:
(1) Retail sales shall be limited to those allowed in this district
(C -1);
(2) Take out food: Convenience /deli food is of the take -out type
only and no provision for seating or consumption on the premises is provided.
Furthermore, the enclosed area devoted to such activity, use and merchandise shall
not exceed 20% of the gross floor area;
(3) Litter control: The operation shall be responsible for litter
control within 500 feet of the property line on a daily basis.
(4) Any outdoor sales, display or storage shall be subject to a
separate conditional use permit, as provided for in this section;
(5) Hours of operation: The hours of operation shall be limited
to between 6:00 A.M. and midnight unless extended by the City Council;
(6) Motor fuel facilities shall be subject to a separate conditional
use permit as provided for in this section;
(7) For facilities constructed after July 21, 2006, the
architecture of the proposed buildings shall have a residential character. Specifically,
roofs, including accessory canopies, shall have a minimum pitch of 4:12 (four feet
vertical per twelve feet horizontal);
(8) For facilities constructed prior to July 21, 20067 if the
principal structure has a flat roof, an accessory canopy may also have a flat roof.
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b. Drive -in facility or convenience food establishment, provided that:
(1) The architectural appearance and functional plan of the
building and site shall not be out of character with the existing buildings or area so as
to cause impairment in property values or constitute a blighting influence within a
reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less
than five feet shall be landscaped and screened in compliance with § 1201.03, Subd.
2.g.;
(3) Each light standard island and all islands in the parking lot
are landscaped or covered;
(4) Parking areas shall be screened from view of abutting
residential districts in compliance with § 1201.03, Subd. 2.g.;
(5) Parking areas and driveways shall be curbed with
continuous curbs not less than six inches high above the parking lot or driveway grade;
(6) Vehicular access points shall be limited, shall create a
minimum of conflict with through traffic movements, shall comply with § 1201.03, Subd.
5. and shall be subject to the approval of the City Engineer;
(7) All lighting shall be hooded and so directed that the light
source is not visible from the public right -of -way or from an abutting residence and shall
be in compliance with § 1201.03, Subd. 2.i.;
(8) The entire area shall have a drainage system which is
subject to the approval of the City Engineer;
(9) The entire area other than occupied by buildings or
structures or planting shall be surfaced with a material which will control dust and
drainage and which is subject to the approval of the City Engineer;
(10) All signing and information or visual communication devices
shall be in compliance with § 1201.03, Subd. 11.;
(11) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
C. Commercial car washes (drive through, mechanical and
self- service), provided that:
(1) The architectural appearance and functional plan of the
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building and site shall not be out of character with the existing buildings or area so as
to cause impairment in property values or constitute a blighting influence within a
reasonable distance of the lot;
(2) Stacking space is constructed to accommodate that number
of vehicles which can be washed during a maximum 30 minute period and shall be
subject to the approval of the City Engineer;
(3) At the boundaries of a residential district, a strip of not less
than five feet shall be landscaped and screened in compliance with § 1201.03, Subd.
2.g.;
(4) Each light standard island and all islands in the parking lot
are landscaped or covered;
(5) Parking or car stacking space shall be screened from view
of abutting residential districts in compliance with § 1201.03, Subd. 2.g.;
(6) The entire area other than occupied by the building or
plantings shall be surfaced with material which will control dust and drainage which is
subject to the approval of the City Engineer;
(7) The entire area shall have a drainage system which is
subject to the approval of the City Engineer;
(8) All lighting shall be hooded and so directed that the light
source is not visible from the public right -of -way or from an abutting residence and shall
be in compliance with § 1201.03, Subd. 2.i.;
(9) Vehicular access points shall be limited, shall create a
minimum of conflict with through traffic movement and shall be subject to the approval
of the City Engineer;
(10) All signing and informational or visual communication
devices shall be in compliance with § 1201.03, Subd. 11.;
(11) Provisions are made to control and reduce noise;
(12) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
d. Motor fuel sales, auto repair - minor and tire and battery stores and
service, provided that:
(1) Regardless of whether the dispensing, sale or offering for
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sale of motor fuels and /or oil is incidental to the conduct of the use or business, the
standards and requirements imposed by this chapter for motor fuel stations shall apply.
These standards and requirements are, however, in addition to other requirements
which are imposed for other uses of the property;
(2) The architectural appearance and functional plan of the
building and site shall not be out of character with the existing buildings or area so as
to cause impairment in property values or constitute a blighting influence within a
reasonable distance of the lot;
(3) The entire site other than that taken up by a building,
structure or plantings shall be surfaced with a material to control dust and drainage
which is subject to the approval of the City Engineer;
(4) A drainage system shall be installed, subject to the approval
of the City Engineer;
(5) Parking areas and driveways shall be curbed with
continuous curbs not less than six inches high above the parking lot or driveway grade;
(6) The lighting shall be accomplished in a way as to have no
direct source of light visible from adjacent land in residential use or from the public
right- of -way and shall be in compliance with § 1201.03, Subd. 2.i.;
(7) Wherever fuel pumps are to be installed, pump islands shall
be installed;
(8) At the boundaries of a residential district, a strip of not less
than five feet shall be landscaped and screened in compliance with § 1201.03, Subd.
2.g.;
(9) Parking or car stacking space shall be screened from view
of abutting residential districts in compliance with § 1201.03, Subd. 2.g.;
(10) Vehicular access points shall create a minimum conflict with
through traffic movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject
to the approval of the City Engineer;
(11) All signing and informational or visual communication
devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.;
(12) Provisions are made to control and reduce noise;
(13) Any outside storage shall be in compliance with Subd. 4.f.,
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below;
(14) All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a formal request, finds that
the general welfare and public betterment can be served as well or better by modifying
the conditions;
(15) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
e. Governmental and public regulated utility buildings and structures
necessary for the health, safety and general welfare of the community, provided that:
(1) Compatibility with the surrounding neighborhood is
maintained and required setbacks and side yard requirements are met;
(2) Equipment is completely enclosed in a permanent structure
with no outside storage;
(3) Adequate screening and landscaping from neighboring
residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(4) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
f. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area
and no more than the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring
residential uses or if abutting an R District;
(3) Storage is screened from view from the public right -of -way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.037
Subd. 2.g.;
(6) All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring residences;
(7) Storage area does not take up parking space as required for
conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1.d.(1) are considered
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and satisfactorily met;
g. Open or outdoor service, sale and rental as a principal or
accessory use, provided that:
(1) Outside services, sales and equipment rental connected
with the principal use is limited to an area no larger than the gross floor area of the
principal use;
(2) Outside sales areas are fenced or screened from view of
neighboring residential uses or abutting R District in compliance with § 1201.03, Subd.
2.g.;
(3) All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring residences
and shall be in compliance with § 1201.03, Subd. 2.i.;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for
conformity to this chapter;
(6) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
h. Accessory, enclosed retail, rental or service activity other than that
allowed as a permitted use or conditional use within this section, provided that:
(1) The use is allowed as a permitted use in a C -1 district;
(2) The use does not constitute more than 30% of the lot area
and no more than 50% of the gross floor area of the principal use;
(3) Adequate off - street parking and off - street loading in
compliance with the requirements of § 1201.03, Subds. 5. and 6. is provided;
(4) All signing and informational or visual communication
devices shall be in compliance with § 1201.03, Subd. 11.;
(5) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
i. Daycare facilities, as defined in § 1201.02, Subd. 4., serving ten or
more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No
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certificate of occupancy shall be issued for a daycare facility until proof of approved
applicable state licenses has been provided to the Zoning Administrator;
(2) All child daycare facilities shall have an outdoor activity area
complying with the following:
(a) The activity area shall comply with the size required
for state licensing;
(b) The activity area shall be located at least 25 feet from
any adjacent residential lot boundary;
(c) The activity area shall be screened and landscaped
to buffer neighboring residential uses;
(d) The activity area shall be enclosed to prevent
children from leaving the premises unattended;
(3) Off - street parking must be provided in compliance with §
1201.03, Subd. 5. The number of parking spaces required for a daycare facility shall
be one space for each four persons of licensed capacity;
(4) Adequate short -term parking or drop -off area shall be
provided within close proximity to the main entrance of the building and shall be located
so as not to necessitate pedestrian crossing of a drive aisle. The short -term parking or
drop -off area shall accommodate at least three car spaces and shall be designated as
temporary in nature. The short -term parking or drop -off area shall not conflict with
off - street parking access or pedestrian movement;
(5) The structure in which the daycare facility is located shall
comply with all applicable building and fire codes;
(6) The provisions of § 1201.04, Subd. 1.d.(1) of the this code
must be considered and satisfactorily met;
Self- storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring
residential districts is provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure.
The enclosure shall conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00
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p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be hooded and so directed so that it is not
visible from the public right -of -way or from any abutting residential district;
(6) The structures shall conform to height restrictions of the C -1
District. In addition, all structures within 50 feet of any property line shall be limited to
one story or 15 feet, whichever is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No
retail service businesses or workshops shall be allowed. Each facility shall have one
residential dwelling unit to be used only by a resident caretaker or manager. The
requirement of a caretaker residence may be waived by the City Council, provided that:
(a) A caretaker residence for an approved self- storage
facility under the same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a
caretaker residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be
recorded against the property, restricting its sale unless a caretaker residence is
constructed on the property, or a caretaker residence for an approved self- storage
facility under the same ownership, located within 600 feet of the subject property is
provided;
(9) The entire area, other than occupied by the buildings or
plantings, shall be surfaced with material which will control dust and drainage and is
subject to the approval of the City Engineer;
(10) The number of off - street parking spaces shall not be less
than six. No on- street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which
will be designed so as not to require backing in from a public street;
(12) The applicants shall provide a performance bond or letter of
credit to assure completion of the facility in accordance with the plans and
specifications approved by the City Council. The amount of the bond shall be
established by the City Council at the recommendation of the city staff;
(13) The provisions of § 1201.04, Subd. 1.d.(1) are considered
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and satisfactorily met;
k. Commercial planned unit development as regulated by § 1201.06
of this chapter, provided that:
(1) Land uses allowed in a planned unit development are
limited to those land uses listed as permitted uses, permitted accessory uses or
conditional uses in this section;
(2) The proposed development complies with the development
agreement as required for planned unit developments, pursuant to § 1201.25 of this
chapter.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in a C -1 District subject to additional requirements, exceptions and
modifications set forth in this chapter:
a. Lot area: None;
b. Lot width: None;
C. Lot depth: None;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 15 feet on each side nor less than
30 feet on a side yard abutting a street;
(4) Setback from R District boundary: Not less than 50 feet
(Additional setback not required when adjacent to a nonresidential use in an R -C
District).
Subd. 6. Building requirements. Height: No structure shall exceed three stories, or
40 feet, whichever is least.
(Ord. 426, passed 7 -24 -2006; Am. Ord. 440, passed 11 -5 -2007; Am. Ord. 557, passed
6 -25 -2018)
1201.23 C -2, COMMERCIAL SERVICE DISTRICT.
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Subd. 1. Purpose. The C -2 District is intended to recognize areas containing
preexisting businesses that provide services primarily for the community and
surrounding area. It is further intended that the location of the C -2 District may take
advantage of transportation routes with existing high traffic volumes; however, activities
allowed in the District will not create additional traffic.
Subd. 2. Permitted uses. The following uses are permitted, as regulated herein,
without special application requirements or conditions attached:
premises;
a. Bakery goods sales and baking of goods for retail sale on the
b. Canvas products sales and repairs;
C. Convenience grocery (without motor fuel facilities);
d. Dry cleaning establishment;
e. Enclosed boat and marine sales; and
f. Nursery.
Subd. 3. Permitted accessory uses. The following uses are permitted only when
auxiliary to a principal use permitted above; they may not exist as principal uses in their
own stead:
a. Off - street parking as regulated by § 1201.03, Subd. 5, but not
including semi- trailer trucks;
b. Off - street loading as regulated by § 1201.03, Subd. 6;
C. Signs as regulated by § 1201.03, Subd. 11.
Subd. 4. Conditional uses. The following uses are permitted only subject to the
issuance of a conditional use permit as regulated in § 1201.04:
a. Automobile repair - minor, provided that:
(1) The entire site other than that taken up by a building,
structure or landscaping shall be surfaced with a material to control dust and drainage
which is subject to approval by the City Engineer;
shall be installed;
(2) A drainage system subject to approval by the City Engineer
(3) Parking areas and driveways shall be curbed with
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continuous curbs not less than six inches high above the parking lot or driveway grade;
(4) Vehicular access points shall create a minimum of conflict
with through traffic movement and shall be subject to approval of the city staff;
(5) All signing and informational or visual communication
devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.;
of this Subd.;
(6) Any outside storage shall be in compliance with paragraph b
(7) Landscaping is provided in compliance with § 1201.03,
Subd. 2.g.; and
(8) The provisions of § 1201.04, Subd. 1.d.(1) are considered
and satisfactorily met;
b. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area
and no more than the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring
residential uses or if abutting any R District;
(3) Storage is screened from view from the public right -of -way;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.037
Subd. 2g;
(6) All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring residences;
(7) Storage area does not take up parking space as required for
conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met;
C. Open or outdoor service, sale, rental and display as a principal or
accessory use, provided that:
(1) Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting R District;
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(2) Landscaping is provided in compliance with § 1201.03,
Subd. 2g;
(3) All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring residences;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for
conformity to this chapter;
(6) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met;
d. Fabrication (cutting, assembly and /or welding) of wood or metal
products only when accessory to an activity allowed as a permitted use or conditional
use within this section, provided that:
(1) Any outside storage shall be in compliance with Subd. 4b of
this section;
(2) Adequate off - street parking and off - street loading is
provided in compliance with the requirements of § 1201.03, Subds. 5 and 6;
(3) Provisions are made to control and reduce noise;
(4) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met;
e. Building trade contractor's shop for businesses engaged in
specialized construction activities such as plumbing, painting, electrical work, carpentry
and well drilling; primarily for residential development, but not including heavy
construction, provided that:
(1) Activities of the business would typically be performed at a
construction site but some incidental work may be performed in the shop;
(2) Any outside storage shall be in compliance with Subd. 4b of
this section;
(3) Landscaping is provided in compliance with § 1201.037
Subd. 2g;
(4) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met;
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f. Commercial planned unit development as regulated by § 1201.06,
provided that:
(1) Land uses allowed in a planned unit development are
limited to those land uses listed as permitted uses, permitted accessory uses and
conditional uses in this section;
(2) The proposed development complies with the development
agreement as required for planned unit developments, pursuant to § 1201.25;
g. Operational facilities for commercial and residential lake and
lakeshore dredging, excavation and related construction and other services and the
storage of equipment, machinery, watercraft, materials and supplies relating thereto,
provided that:
(1) The use was in lawful existence prior to May 19, 1986;
(2) The area is fenced and screened from view of abutting
residential uses or if abutting any R District, in accordance with plans and
specifications approved by the City Council;
(3)
right -of -way;
(4)
9 •• •
Storage is screened from view from the public street
Landscaping is provided in compliance with § 1201.03,
(5) All lighting shall be hooded and so directed that the light
source shall not be visible from the public right -of -way or from neighboring residences;
(6) Outdoor storage shall be limited to only that which is
necessary to the conduct of the principal use;
(7) Outdoor storage does not take up parking space as required
for conformity to this chapter;
(8) Any emission of noise shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter
7030, as may be amended;
(9) Any use of the lake shall be approved by the Lake
Minnetonka Conservation District;
(10) The use of the property shall be approved by the
Commissioner of the Department of Natural Resources;
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(11) No direct flow of surface drainage to Lake Minnetonka will
be permitted. Site grading, drainage and erosion control plans shall be approved by the
City Engineer;
(12) Any handling or storage of flammable liquids shall be
subject to the approval of the local Fire Marshal.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in a C -2 District subject to additional requirements, exceptions and
modifications set forth in this chapter:
a. Lot area: 20,000 sq. ft.;
b. Lot width: 100 feet;
C. Lot depth: 120 feet;
d. Setbacks:
(1) Front yard: Not less than 30 feet;
(2) Rear yard: Not less than 30 feet;
(3) Side yard: Not less than 20 feet on each side nor less than
30 feet on a side yard abutting a street;
(4) Setback from R District boundary: Not less than 50 feet
(Additional setback not required when adjacent to a nonresidential use in an R -C
District).
Subd. 6. Building requirements. Height: no principal structure shall exceed two
stories, or 25 feet, whichever is least. No accessory structure shall exceed one story, or
15 feet, whichever is least.
(1987 Code, § 1201.23) (Ord. 180, passed 5 -19 -1986; Ord. 189, passed 11 -24 -1986;
Ord. 192, passed 11 -24 -1986; Ord. 208, passed 4 -11 -1988; Ord. 214, passed
5 -22 -1989; Ord. 242, passed 8 -26 -1991; Am. Ord. 426, passed 7 -24 -2006)
1201.24 L -R, LAKESHORE RECREATIONAL DISTRICT.
Subd. 1. Purpose. This District is intended to recognize the desirability for areas to
serve the lakeshore recreational needs of the city which of their very nature are by
geographic necessity located in proximity and adjacent to residential areas of this
community. Lake Minnetonka is the largest single park and recreational facility
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available for use by the citizens of this city and the providing of an opportunity for
access to that facility is, in the opinion of the city, an adjunct of zoning by the city.
Recognizing the primary residential nature of Shorewood, it behooves the city to
subject the possible areas available for access to the lake to close scrutiny and
limitation so as to insure that use of the land does not unduly infringe upon property
rights and public health, safety and welfare of others residing on nearby residential
sites.
Subd. 2. Permitted uses. The following are permitted uses in the L -R District as
regulated herein with special limitation requirements and conditions attached as
provided in subdivision 8 below. At docks attached to land, including limited related
service facilities as hereinafter authorized, subject to an annual operating license which
shall be issued only in accordance with the following standards and limitations.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in
a L -R District:
a. Off - street parking as regulated by § 1201.03, Subd. 5 and by §
1201.24, Subd. 8h of this section;
b. One clubhouse building, not exceeding 2000 square feet of floor
area on the first floor level. This building may be used for sale of limited items used in
conjunction with boating, including fishing bait and tackle, light accessory marine -line
equipment, soft drinks, prepackaged foods, shower and meeting rooms;
C. One storage building, not exceeding 1200 square feet of floor area;
d. Gasoline dispensing equipment (boat only) subject to design
standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the
local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and
other applicable agencies and if authorized by the City Council. Sale of gasoline is
limited to those individuals renting or leasing dock slips, or launching boats from the
subject site, or, in the case of a yacht club, to members of the yacht club;
e. Boat rental, in compliance with LMCD regulations and as
authorized by the City Council.
Subd. 4. Conditional uses. The following are conditional uses in a L -R District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
§ 1201.04.)
that:
a. One single - family dwelling used as a caretaker residence, provided
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(1) The dwelling shall comply with the requirements of Chapter
1004 (Rental Housing) of this code;
(2) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met;
b. Open and outdoor, dry land storage of boats and boat trailers as
an accessory use, provided that:
(1) The area is fenced and screened from view of neighboring
residential uses or if abutting an R District;
(2) Storage is screened from view from the public street
right -of -way;
(3) Storage is landscaped to provide a buffer from all other
public rights -of- way;
(4) Storage area is grassed or surfaced with pavement or class
V, or the equivalent, to control dust;
Subd. 2g;
(5) Landscaping is provided in compliance with § 1201.03,
(6) Lighting shall comply with Subd. 8k of this section;
(7) Except for winter storage of boats, storage area does not
take up parking space as required for conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1 d(1) are considered
and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements
shall be observed in a L -R District subject to additional requirements, exceptions and
modifications set forth in this chapter:
a. Lot area: Not less than 60,000 square feet;
b. Lot width: Not less than 200 feet;
C. Lot depth: Not less than 150 feet;
d. Setbacks:
(1) Front yard: Not less than 35 feet;
(2) Rear yard: Not less than 50 feet (from the ordinary high
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water mark);
(3) Side yard:
(a) From residential: Not less than 50 feet;
(b) From nonresidential: Not less than 15 feet;
(4) From public right -of -way: Not less than 10 feet other than
street.
Subd. 6. Building requirements. Height: the clubhouse structure shall not exceed
two and one -half stories, or 35 feet, whichever is less. Other accessory structures shall
not exceed one story or 15 feet, whichever is less.
Subd. 7. Application information requirements. The following information is to be
submitted to the city for consideration of rezoning to L -R, Lakeshore Recreational
District:
property;
a. The landowner's name, address and interest in the subject
b. The applicant's name and address if different from the landowner;
C. The names and addresses of all professional consultants who have
contributed to the preparation of the application being submitted, including attorney,
land planner, engineer and surveyor;
d. Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed rezoning, including a statement of all legal,
beneficial, tenancy and contractual interests held in or affecting the subject property
and including an up -to -date certified abstract of title or registered property report and
the other evidence as the City Attorney may require to show the status of title or control
of the subject property;
e. Legal description of property upon which proposal is to be located;
f. Written description of proposed operation and use;
g. Site plan similar in detail to a preliminary plat drawn to a scale of
one inch to 20 feet and which site plan shall disclose the following:
SEEM
(1) Dimensions of the site;
(2) Location and dimensions of all present and proposed
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(3) Location and dimensions of land recreation facilities;
(4) Road entrances and exits;
(5) Access roads and their design /construction standards;
(6) Location of parking and traffic flow;
(7) Location and design of screening;
(8) Location and design of lighting;
(9) Detailed landscape design and planting plan specifications;
(10) Drainage;
(11) Location and dimensions of authorized related services;
(12) Signs;
(13) Lakeshore footage;
(14) Location, shape, design and dimension of docks, in
compliance with LMCD approvals. Each dock shall be numbered and there shall be
indicated whether one or more than one boat shall be harbored within the designated
dock;
(15) Location and description of boat dock canopies;
(16) Flow of boat traffic;
(17) Location of any proposed boat ramp;
(18) Zoning of property within 500 feet of the site;
(19) Location and design of trash collection facilities and access
to same by trash collectors;
(20) Interior design and use of the building shown on the plan;
(21) Other items peculiar to the facility;
h. A written statement describing how the property is to be designed,
arranged and operated in order to be compatible with adjacent residential properties,
including but not limited to:
environment;
(1) General compatibility and impact upon surrounding living
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(2) Air and water quality;
(3)
Wetlands;
(4)
Noise;
(5)
Traffic;
(6) Boat harboring and lake use;
A description of use for which all buildings on the property will be
used;
j. Copies of approvals received from state, regional and other
agencies who have or claim jurisdiction over the proposed use or names of agencies to
whom applicants propose to request and obtain approval for operation as proposed.
Subd. 8. Special and specific standards and conditions. The following are special
and specific design standards and conditions of limitations applicable to
water - harboring of boats.
a. Site shall be located on a lake which has at least two public
accesses of at least 50 feet in width located within the city limits. No site shall be
located closer than 5,000 feet as measured along the lake shoreline to any existing
authorized multiple use water harboring boat facility.
b. All applicable state building and operational standards are
complied with.
C. The minimum number of slips to be authorized shall be ten; the
maximum number of slips shall be consistent with the number of slips licensed by the
Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances.
d. Minimum lakeshore footage required shall be 250 feet.
e. Boat launching ramps shall be permitted only where and when
specifically authorized by the Council who, when determining authorization, shall take
into consideration:
(1) Traffic congestion;
(2) Safety;
(3) Proximity to homes in the area;
(4) Excess parking available;
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f. Location and construction of docks:
(1) Dock structures shall be constructed in accordance with the
following setbacks from the side lot lines extended into the lake:
For That Portion of the
Length of the Dock Which
Extends From the Shore
The Setback
Shall Be:
0 to 50 feet
10 feet
50 to 100 feet
15 feet
100 to 200 feet
20 feet
(2) Dock structures shall extend into the water no more than
200 feet as measured from the point the dock touches the shoreline;
(3) Dock structures shall be constructed and maintained using
the Minnesota State Building Code as a standard. A minimum live load of 40 pounds
per square foot and a maximum deflection of 1/180 of span shall be required;
(4) Dock structures shall comply with the requirements of the
Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be
amended;
g. Restriction on use of land:
(1) Subject to approval by the City Council, dry land storage of
boats and boat trailers shall be confined to designated areas of the site in conformance
with Subd. 4 of this section;
(2) No outdoor storage of other items shall be permitted;
(3) No outdoor public address system or outdoor music shall be
permitted to be used in conjunction with the facility;
(4) No license for dispensing of intoxicating liquor or 3.2% malt
liquor shall be issued for the property;
(5) No food shall be served from the property except that
prepackaged foods and those foods dispensed from a vending machine shall be
allowed. In the case of a private club, food may be served or catered in for club
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members, and guests accompanied by members, but in no case shall meals be offered
for sale to the general public;
h. Parking, roads and driveways:
(1) One motor vehicle parking stall, computed at the minimum
size of 300 square feet, shall be provided for each authorized boat slip;
(2) No parking shall be permitted within 50 feet of the ordinary
high water mark;
(3) Access to site shall be from public arterial or collector
streets as defined by the Comprehensive Plan or from a street approved by the City
Council and shall be free and clear to a minimum width of 22 feet of driving surface;
(4) All access roads and driveways shall be surfaced with a
permanently dust- free surface; the proposed facilities, including roads, driveways and
parking areas, shall provide for drainage of surface water runoff in accordance with the
storm drainage plan adopted by the City Council. No direct drainage to the lake shall
be permitted. Access roads and driveways shall be paved for a distance of at least 40
feet measured from the edge of the street pavement;
(5) No parking area shall be permitted within any required side
yard. No parking shall be permitted on public road rights -of -way or public access
driveways;
i. Where a use abuts an R -1A through R -2C District, buffer fences
and /or planting screens shall be installed by the permit recipient according to
provisions of § 1201.03, Subd. 2g;
j. The total number of signs allowed on the site shall be two, one
facing the street and one facing the lake. Signs shall be non - illuminated, shall not
exceed 20 square feet in area each, nor more than eight feet above grade. No sign
may be erected without the approval of the City Council;
k. Any lighting used to illuminate an off - street parking area, other
area or structure shall be arranged so as to deflect light away from any adjoining
residential use, the lake and from the public streets. Direct or sky - reflected glare from
floodlights shall not be directed into any adjoining property. The source of lights shall
be hooded or controlled in some manner so as not to light adjacent property. No light or
combination of lights which cast light on residential property, the lake or the public
right -of -way shall exceed four - tenths foot - candles (meter reading) as measured from
the property line and 250 feet from the shoreline;
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I. Noises emanating from any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter
7030, as may be amended;
M. No direct flow of surface drainage to Lake Minnetonka will be
permitted. Site grading and drainage plans shall be reviewed and subject to the
approval of the City Engineer;
n. Prior to construction, approval of all necessary applications and
permits as stipulated by law from the Lake Minnetonka Conservation District,
Minnehaha Creek Watershed District and appropriate state agencies shall be
demonstrated and filed with the city.
Subd. 9. Application evaluation.
a. Upon receipt of an application containing all of the information
enumerated in Subd. 7 hereof, the City Council shall review the same.
b. If, in making the review, the Council finds:
(1) That the public health, safety and welfare or public rights
might be adversely affected by the rezoning or issuance of a license, the Council shall
refer the application to the Planning Commission for a study of the consequences of
the proposal upon:
(a) The natural environment;
(b) Public health, safety and welfare;
(c) The possible infringement on the public rights to use
the public water;
(d) Any unreasonable infringement or restrictions on the
use of existing adjacent residential areas;
C. If a study is ordered, the same shall be carried out by a person or
persons competent in the knowledge of environmental protection and urban planning.
The person or persons chosen to conduct the study must be approved by the Council
prior to the commencement of the study.
d. The applicant shall, prior to the commencement of the study,
deposit with the City Administrator /Clerk that sum of money the Council deems
necessary to pay for the cost of a study.
e. The completed study shall be filed with the Zoning Administrator
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before the application is forwarded to the Planning Commission for consideration.
f. The environmental study shall be waived by the City Council in the
event a study is ordered by the Minnesota State Environmental Quality Board.
g. The Planning Commission, in making its recommendation to the
City Council, and the City Council, in making its decision on the request for the
rezoning, shall take into consideration:
(1) The environmental study report, and
(2) The effect the proposed development may have upon the
public health, safety, welfare or public right to use the public water.
Subd. 10. Licensing of facilities authorized hereunder.
a. Upon granting of a rezoning pursuant to this chapter, the applicant
shall be required, prior to operation, to obtain a license to be issued annually by the
City Council.
(1) An application for a license must be submitted to the Zoning
Administrator and accompanied by payment of the required license fee. Licenses shall
expire on December 31 in each year. Each license will be issued for a period of one
year.
(2) The license shall authorize the applicant to operate the
facility in accordance with the terms of any conditional use permit, together with any
additional requirements determined by the Council.
(3) Renewal of the license shall be granted only provided the
operation is in conformance with the terms of the conditional use permit.
b. A license will be issued to the applicant only and is not transferable
to another holder. Each license will be issued only for the premises described in the
application. A license may not be transferred to another premise without the approval of
the City Council. If the licensee is a partnership or a corporation, a change in the
identity of any partner or holder of more than 10% of the issued and outstanding stock
of the corporation will be deemed a transfer of the license.
C. An application for a license shall be accompanied by a plan,
prepared by the applicant, setting forth a procedure providing that seasonal rental of
available or unrenewed slips shall be first offered to the city residents.
d. Issuance of a license shall take into consideration the historic use
of the site under consideration with respect to the use of power boats. With the
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exception of power boats necessary for the operation of the facility and publicly -owned
watercraft operated by public safety personnel, water harboring of boats on any site in
Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation
by the Planning Commission, the City Council may license a limited number of power
boats, provided the essential character of the property as a sailing facility is
maintained.
Subd. 11. Termination procedure for license previously issued.
a. If upon inspection by the representative of the City Council it
appears the facility is not being maintained or operated in accordance with the terms of
the outstanding license:
(1) The licensee shall be informed of the violation in writing by
the Zoning Administrator;
(2) The licensee shall be notified it has 20 days to correct the
violation;
(3) If the violation is not corrected within the time, the City
Council may revoke the license, but not until licensee has been given an opportunity to
be heard at a regular meeting of the City Council.
b. Failure to have a valid license in force shall be prima facie
evidence of a violation of this chapter.
(1987 Code, § 1201.24) (Ord. 180, passed 5 -19 -1986; Am. Ord. 443, passed
11 -26 -2007)
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
Subd. 1. Purpose. This District is established to provide comprehensive
procedures and standards designed for district planned unit development to allow the
development of neighborhoods or portions thereof incorporating a variety of residential
types and nonresidential uses. Recognizing that traditional density, bulk, setbacks, use
and subdivision regulations which may be useful in protecting the character of
substantially developed areas may not
be appropriate to control development in less developed areas. Specifically, P.U.D. is
intended to encourage:
a. Innovations in residential development to the end that the growing
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demands for housing at all economic levels may be met by greater variety in tenure,
type, design and siting of dwellings and by the conservation and more efficient use of
land in the developments;
b. Higher standards of site and building design through the use of
trained and experienced land planners, architects and landscape architects;
C. More convenience in location of commercial and service areas
within a given project or area, allowing more efficient and desirable transitions between
residential and nonresidential land uses;
d. The preservation and enhancement of desirable site characteristics
such as natural topography and geologic features and the prevention of soil erosion;
e. A creative use of land and related physical development which
allows a phased and orderly transition of land from rural to urban uses;
f. An efficient use of land resulting in smaller networks of utilities and
streets thereby lowering housing costs and public investments;
g. A development pattern in harmony with the objectives of the City
Comprehensive Plan;
h. A more desirable environment than would be possible through the
strict application of zoning and subdivision regulations of the city;
i. To give the landowner and developer reasonable assurance of
ultimate approval before expending complete design monies while providing city
officials with assurances that the project will retain the character envisioned at the time
of concurrence;
j. To allow variation from the provisions of this chapter, including
setbacks, height, lot area, width and depth, yards and the like internally within the
project. Provisions of this chapter shall generally be maintained at the periphery of the
project area.
Subd. 2. Permitted Uses. The development agreement for any proposed P.U.D.
shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory,
or conditional uses allowed in this chapter may be considered for a P.U.D. However,
any P.U.D. that includes a mixture of residential and nonresidential uses shall be
limited to property containing no less than four acres of gross land area.
Subd. 3. Special procedures. The establishment of a P.U.D., Planned Unit
Development District shall be subject to the amendment procedure requirements as
outlined in § 1201.04, Subd. 1. Each of the three stages of the review process shall
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require a separate application.
Subd. 4. General requirements and standards.
a. Ownership. An application for P.U.D. approval must be filed by the
landowner or jointly by all landowners of the property included in a project. The
application and all submissions must be directed to the development of the property as
a unified whole. In the case of multiple ownership, the approved final plan shall be
binding on all owners.
b. Comprehensive Plan consistency. The proposed P.U.D. shall be
consistent with the City Comprehensive Plan.
C. Sanitary sewer plan consistency. The proposed P.U.D. shall be
consistent with the City Comprehensive Sewer Plan.
d. Common and public open space. Common and public open space
at least sufficient to meet the minimum requirements established in the Comprehensive
Plan and Zoning and Subdivision Ordinances and the complementary structures and
improvements as are necessary and appropriate for the benefit and enjoyment of the
residents of the P.U.D. shall be provided within the area of the P.U.D.
e. Operating and maintenance requirements for P. U. D. common open
space service facilities. Whenever common open space or service facilities are
provided within the P.U.D., the P.U.D. plan shall contain provisions to assure the
continued operation and maintenance of the open space and service facilities to a
predetermined reasonable standard. Common open space service facilities within a
P.U.D. may be placed under the ownership of one or more of the following, as
approved by the City Council:
(1) Dedicated to public, where a community -wide use is
anticipated and the City Council agrees to accept the dedication;
(2) Landlord control, where only use by tenants is anticipated;
(3) Property Owners Association, provided all of the following
conditions are met:
(a) Prior to the use or occupancy or sale or the execution
of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment
or common area, a declaration of covenants, conditions and restrictions or an
equivalent document or a document such as specified by M.S. Chapter 515, as it may
be amended from time
to time, and a set of floor plans such as specified by Chapter 515, as it may be
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amended from time to time, shall be filed with the city, and filing with the city to be
made prior to the filings of the declaration or document or floor plans with the recording
officers of Hennepin County, Minnesota;
(b) The declaration of covenants, conditions and
restrictions or equivalent document shall specify that deeds, leases or documents of
conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall
subject the properties to the terms of the declaration;
(c) The declaration of covenants, conditions and
restrictions shall provide that an owner's association or corporation shall be formed and
that all owners shall be members of the association or corporation which shall maintain
all properties and common areas in good repair and which shall assess individual
property owners proportionate shares of joint or common costs. This declaration shall
be subject to the review and approval of the City Attorney. The intent of this
requirement is to protect the property values of the individual owner through
establishing private control;
(d) The declaration shall additionally provide that in the
event the association or corporation fails to maintain properties in accordance with the
applicable rules and regulations of the city or fails to pay taxes or assessments on
properties as they become due and in the event the city incurs any expenses in
enforcing its rules and regulations, which the expenses are not immediately reimbursed
by the association or corporation, then the city shall have the right to assess each
property its pro rata share of the expenses. The assessments, together with interest
thereon and costs of collection, shall be a lien on each property against which each
assessment is made;
(e) Membership must be mandatory for each owner and
any successive buyer;
(f) The open space restrictions must be permanent and
not for a given period of years;
(g) The Association must be responsible for liability
insurance, local taxes and the maintenance of the open space facilities to be deeded to
it;
(h) Property owners must pay their pro rata share of the
cost of the Association by means of an assessment to be levied by the Association
which meets the requirements for becoming a lien on the property in accordance with
Minnesota Statutes;
(i) The Association must be able to adjust the
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assessment to meet changed needs;
(j) The bylaws and rules of the Association and all
covenants and restrictions to be recorded must be approved by the City Council prior to
the approval of the final P.U.D. plan;
f. Staging of public (park dedication) and common open space. When
a P.U.D. provides for common or public open space, the total area of common or public
open space or land escrow security in any stage of development shall, at a minimum,
bear the same relationship to the total open space to be provided in the entire P.U.D.
as the stages or units completed or under development bear to the entire P.U.D.
g. Residential density. The maximum allowable density in a P.U.D.
shall be determined by reference to the Comprehensive Plan. Within 10% of that limit,
the exact density allowable shall be determined by standards agreed upon between the
applicant and the city. Whenever any P.U.D. is to be developed in stages, no stage
shall, when averaged with all previously completed stages, have a residential density
that exceeds 125% of the proposed residential density of the entire P.U.D. For
purposes of this section, density shall be expressed as the ratio of residential units per
40,000 square feet and shall be calculated based upon the total gross acreage of the
property in question, less the area devoted to designated wetlands, public
rights -of -way, public open space and nonresidential use.
h. Utilities. In any P.U.D., all utilities, including telephone, electricity,
gas and telecable shall be installed underground.
Utility connections.
(1) Water connections. Where more than one property is served
from the same service line, a shut -off valve must be located in a way that each unit's
service may be shut off by the city, in addition to the normally supplied shut -off at the
street.
(2) Sewer connections. Where more than one unit is served by
a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a
manhole to allow adequate cleaning and maintenance of the lateral. All maintenance
and cleaning shall be the responsibility of the Property Owners Association or owner.
j. Roadways. All public streets shall conform to the design standards
contained in the Shorewood Subdivision Ordinance, as may be amended. Private
streets, where allowed, shall conform to specifications provided by the City Engineer.
k. Landscaping. In any P.U.D., landscaping shall be provided
according to a plan approved by the City Council, which shall include a detailed
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planting list with sizes and species indicated as part of the final plan. In assessing the
landscaping plan, the City Council shall consider the natural features of the particular
site, the architectural characteristics of the proposed structure(s) and the overall
scheme of the P.U.D. plan.
Townhouse, quadraminium, cooperative and condominium
apartments.
(1) No single townhouse structure shall contain more than six
dwelling units.
(2) Townhouses, quadraminiums, cooperatives and
condominiums shall be subdivided on an individual unit basis according to the
provisions of Subd. 4e(3) of this section.
M. Setbacks.
(1) The front and side yard restrictions at the periphery of the
Planned Unit Development site at a minimum shall be the same as imposed in the
respective districts recognizing surrounding use and zoning.
(2) No building shall be located less than 15 feet from the back
of the curb line along those roadways which are part of the internal street pattern.
(3) No building within the project shall be nearer to another
building than one -half the sum of the building heights of the two buildings, giving due
consideration to solar access.
Subd. 5. Submission requirements. Ten copies of the following exhibits, analyses
and plans shall be submitted as applicable to the City Council during the P.U.D.
process at the times specified in Subd. 6 of this section.
a. General concept stage.
(1) General information:
(a) The landowner's name and address and his or her
interest in the subject property;
(b) The applicant's name and address if different from
the landowner;
(c) The names and addresses of all professional
consultants who have contributed to the development of the P.U.D. plan being
submitted, including attorney, land planner, engineer and surveyor;
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(d) Evidence that the applicant has sufficient control over
the subject property to effectuate the proposed P.U.D., including a statement of all
legal, beneficial, tenancy and contractual interests held in or affecting the subject
property and including an up -to -date certified abstract of title or registered property
report and the other evidence as the City Attorney may require to show the status of
title or control of the subject property;
(2) Present status:
(a) The address and legal description of the subject
property;
(b) The existing zoning classification and present use of
the subject property and all lands within 1,000 feet of the subject property;
(c) A map depicting the existing development of the
subject property and all land within 1,000 feet thereof and showing the precise location
of existing streets, property lines, easements, water mains and storm and sanitary
sewers, with invert elevations on and within 100 feet of the subject property.
(3) A written statement generally describing the proposed
P.U.D. and the market which it is intended to serve and its demand showing its
relationship to the city's Comprehensive Plan and how the proposed P.U.D. is to be
designed, arranged and operated in order to permit the development and use of
neighboring property in accordance with the applicable regulations of the city.
(4) Site conditions: graphic reproductions of the existing site
conditions at a scale of no less than one inch equals 100 feet:
(a) Contours - minimum two foot intervals;
(b) Location, type and extent of tree cover;
(c) Slope analysis;
(d) Location and extent of water bodies, wetlands and
streams and flood plains within 300 feet of the subject property;
(e) Significant rock outcroppings;
(f) Existing drainage patterns;
(g) Vistas and significant views;
(h) Soil conditions as they affect development. All of the
graphics should be the same scale as the final plan to allow easy cross reference. The
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use of overlays is recommended for clear reference.
(5) Schematic drawing of the proposed development concept,
including, but not limited to, the general location of major circulation elements, public
and common open space, residential and other land uses.
(6) A statement of the estimated total number of dwelling units
proposed for the P.U.D. and a tabulation of the proposed approximate allocations of
land use expressed in square feet and acres and as a percent of the total project area,
which shall include at least the following:
(a) Area devoted to residential uses;
(b) Area devoted to residential use by building type;
(c) Area devoted to common open space;
(d) Area devoted to public open space;
(e) Approximate area devoted to streets;
(f) Approximate area devoted to, and number of,
off - street parking and loading spaces and related access;
(g) Approximate area, and floor area, devoted to
commercial uses;
(7) When the P.U.D. is to be constructed in stages during a
period of time extending beyond a single construction season, a schedule for the
development of the stages or units shall be submitted stating the approximate
beginning and completion date for each stage or unit and the proportion of the total
P.U.D. public or common open space and dwelling units to be provided or constructed
during each stage and the overall chronology of development to be followed from stage
to stage;
(8) When the proposed P.U.D. includes provisions for public or
common open space or service facilities, a statement describing the provision that is to
be made for the care and maintenance of the open space or service facilities. If it is
proposed that the space be owned and /or maintained by any entity other than a
governmental authority, copies of the proposed articles of incorporation and bylaws of
the entity shall be submitted;
(9) General intents of any restrictive covenants that are to be
recorded with respect to property included in the proposed P.U.D.;
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(10) The City Council may excuse an applicant from submitting
any specific item of information or document required in this stage, which it finds to be
unnecessary to the consideration of the specified proposal for P.U.D. approval;
(11) The City Council may require the submission of any
additional information or documentation which it may find necessary to appropriate to
full consideration of the proposed P.U.D or any aspect or stage thereof.
b. Development stage. Development stage submissions should depict
and outline the proposed implementation of the general concept stage for the P.U.D.
Information from the general concept stage may be included for background and to
provide a basis for the submitted plan. The development stage submissions shall
include, but not be limited to:
(1) Background information. Ten sets of the following
information (where applicable, drawn to a scale of not less than 1" = 100', or at a scale
requested by the Zoning Administrator):
(a) Proposed name of the development (which shall not
duplicate nor be similar in pronunciation to the name of any plat heretofore recorded in
the county where the subject property is situated);
(b) Zoning classification required for development stage
submission and any other public decisions necessary for implementation of the
proposed plan;
(c) Property boundary lines and dimensions of the
property;
(d) Physical features of the property, including
topography, wetlands, water bodies, flood plains, vegetation and soils;
(e) The location, use and size of structures and other
land uses on adjacent properties;
(f) Any other information that may have been required by
the city staff or City Council in conjunction with the approval of the general concept
plan;
(2) Preliminary plans. Ten sets of preliminary plans, drawn to a
scale of not less than one inch equals 100 feet (or at a scale requested by the Zoning
Administrator) containing at least the following information:
(a) The location, size, use and arrangement, including
height in stories and feet and total square feet of ground area coverage and floor area
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of proposed buildings and existing buildings which will remain, if any;
(b) Location, dimensions and number of all driveways,
entrances, curb cuts, parking stalls, loading spaces and access aisles and all other
circulation elements, including bike and pedestrian and the total site coverage of all
circulation elements;
(c) Location, designation and total area of all common
open space;
(d) Location, designation and total area proposed to be
conveyed or dedicated for public open space, including parks, playgrounds, school
sites and recreational facilities;
system;
(e) Proposed lots and blocks, if any, and numbering
(f) Detailed sketches and provisions of proposed
landscaping;
(g) Grading and drainage concept plans (general
locations of cut and fill areas, drainage patterns and ponding areas);
(3) Development plans. Ten sets of the following plans, based upon
approved preliminary plans and drawn to a scale of not less than one inch equals 100
feet (or at a scale requested by the Zoning Administrator):
(a) If the project is to be developed in stages, an
accurate legal description of the entire area within the P.U.D. for which final
development plan approval is sought;
(b) A tabulation indicating the number of residential
dwelling units by number of bedrooms and expected population /housing profile;
(c) A tabulation indicating the gross square footage, if
any, of commercial floor space by type of activity (for example, drugstore, dry cleaning,
supermarket);
(d) Preliminary architectural plans indicating use, floor
plan, elevations and exterior wall finishes of proposed buildings;
(e) A detailed site plan or plans, suitable for recording,
showing the physical layout, design and purpose of all streets, easements,
rights -of -way, utility lines and facilities, lots, blocks, public and common open space,
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general landscaping plan, structures and uses;
(f) Grading and site alteration plan illustrating changes
to existing topography and natural site vegetation. The plan should clearly reflect the
site treatment and its conformance with the approved concept plan;
(g) Sketch plan, preliminary and final plat prepared in
accordance with the Shorewood Subdivision Ordinance (Chapter 1202 of this code), as
may be amended. Upon approval of the City Council, the final plat may be submitted in
the final plan stage;
(h) A Soil Erosion Control Plan acceptable to watershed
districts, Department of Natural Resources, Soil Conservation Service or any other
agency with review authority clearly illustrating erosion control measures to be used
during construction and as permanent measures;
(i) A statement summarizing all changes which have
been made in any document, plan, data or information previously submitted, together
with revised copies of any document, plan or data;
0) The other and further information as the city staff or
City Council shall find necessary to a full consideration of the entire proposed P.U.D. or
any stage thereof;
(k) The City Council may excuse any applicant from
submitting any specific item of information or document required in this section which it
finds to be unnecessary to the consideration of the specific proposal for P.U.D.
approval;
C. Final plan stage. After approval of a general concept plan for the
P.U.D. and approval of a development stage plan for a section of the proposed P.U.D.,
the applicant will submit the following material for review by the city staff prior to
issuance of a building permit:
(1) Proof of recording any easements and restrictive covenants
prior to the sale of any land or dwelling unit within the P.U.D. and of the establishment
and activation of any entity that is to be responsible for the management and
maintenance of any public or common open space or service facility;
(2) All certificates, seals and signatures required for the
dedication of land and recordation of documents;
(3) Final architectural working drawings of all structures;
(4) Final engineering plans and specifications for streets,
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utilities and other public improvements, together with a community /developer
agreement for the installation of the improvements and financial guarantees for the
completion of the improvements;
(5) Any other plan, agreements or specifications necessary for
the city staff to review the proposed construction. All work must be in conformance with
the Minnesota State Building Code.
Subd. 6. Procedure for processing a P.U.D.
a. Application conference. Upon filing of an application for P.U.D., the
applicant of the proposed P.U.D. is encouraged to arrange for and attend a conference
with the Zoning Administrator. The primary purpose of the conference shall be to
provide the applicant with an opportunity to gather information and obtain guidance as
to the general suitability of his or her proposal for the area for which it is proposed and
its conformity to the provisions of this chapter before incurring substantial expense in
the preparation of plans, surveys and other data.
b. General concept plan.
(1) Purpose. The general concept plan provides an opportunity
for the applicant to submit a plan to the city showing his or her basic intent and the
general nature of the entire development without incurring substantial cost. The
following elements of the proposed general concept plan represent the immediately
significant elements for city review and comment:
(a) Overall maximum P.U.D. density range;
(b) General location of major streets and pedestrian
ways;
(c) General location and extent of public and common
open space;
(d) General location of residential and nonresidential
land uses with approximate type and intensities of development;
(e) Staging and time schedule of development;
(f) Other special criteria for development;
(2) Schedule:
(a) Developer meets with the Zoning Administrator to
discuss the proposed development;
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(b) The applicant shall file the concept stage application,
together with all supporting data and filing fee as established by City Council
resolution;
(c) The Planning Commission shall hold a public
hearing;
(d) The Zoning Administrator, upon verification of the
application, shall instruct the City Administrator /Clerk to set a public hearing at a
regular meeting of the Planning Commission. The Planning Commission shall conduct
the hearing and report its findings and make recommendations to the City Council.
Notice of the hearing shall consist of a legal property description, description of request
and be published in the official newspaper at least ten days prior to the hearing.
Written notification of the hearing shall be mailed at least ten days prior to the hearing
to all owners of land within 750 feet of the boundary of the property in question;
(e) Failure of a property owner to receive the notice shall
not in validate any proceedings as set forth within this chapter;
(f) The Zoning Administrator shall instruct the
appropriate staff persons to prepare technical reports where appropriate and provide a
general assistance in preparing a recommendation on the action to the City Council.
Additionally, the request shall be referred to the Park Commission for their review and
comment;
(g) Upon consent of the City Council, the Planning
Commission and city staff shall have the authority to request additional information
from the applicant concerning operational factors or to retain expert testimony with the
consent and at the expense of the applicant concerning operational factors, the
information to be declared necessary to establish performance conditions in relation to
all pertinent sections of this chapter;
(h) The applicant or a representative thereof shall appear
before the Planning Commission at the public hearing in order to answer questions
concerning the proposed development;
(i) Within 60 days of the public hearing, or the further
time as may be agreed to by the applicant, the Planning Commission shall itself review
the reports and plans and submit its written report and recommendations to the Council
and applicant. The report shall contain the findings of the Planning Commission with
respect to the general concept plan. If the planning commission fails to act within the
time specified herein, it shall be deemed to have recommended the plan for approval;
0) The Zoning Administrator, upon receipt of the
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Planning Commission recommendation, shall instruct the City Administrator /Clerk to set
a public hearing before the City Council. Notice of the hearing shall consist of a legal
property description, description of request and map detailing property location and be
published in the official newspaper at least ten days prior to the hearing. Written
notification of the hearing shall be mailed at least ten days prior to the hearing to all
owners of land within 750 feet of the boundary of the property in question;
(k) Council action-
(i) Following the required publishing and
notification procedure, the City Council shall hold a public hearing;
(ii) The applicant or a representative thereof shall
appear before the City Council in order to present the planned unit development and
answer questions concerning the proposed project;
(iii) The Council shall review the proposed
development, any reports and recommendations of advisory commissions and city staff
and testimony from the public hearing;
(iv) In evaluating the request, the Council shall
determine the relationship between the proposed development, the Comprehensive
Plan and this chapter. Where any question exists as to city policy, the Council may, at
any time, refer the project or any specific item within the project back to the Planning
Commission for further study and with clarification as to the policy;
(v) The City Council shall have the authority to
request additional information from the applicant concerning operational factors or to
retain expert testimony with the consent and at the expense of the applicant concerning
operational factors, the information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this chapter;
(vi) The City Council may require revisions to or
modifications of the general concept plan where deemed necessary. Any revision or
modification shall be referred to the Planning Commission for informational purposes;
(vii) Within 60 days of their receipt of the concept
plan and any reports or recommendations from advisory commissions or city staff, the
City Council shall grant approval, resubmit the plan to the Planning Commission for
further consideration of specified items or deny approval of the concept plan;
(3) Optional submission of development stage plan. In cases of
single stage P.U.D.'s or where the applicant wishes to begin the first stage of a multiple
stage P.U.D., immediately he or she may, at his or her option, initially submit
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development stage plans for the proposed P.U.D. In this case, the Planning
Commission and Council shall consider the plans, grant or deny development stage
plan approval in accordance with the provisions of Subd. 6c.
(4) Effect of concept plan approval. Unless the applicant shall
fail to meet time schedules for filing development stage and final plans or shall fail to
proceed with development in accordance with the plans as approved or shall in any
other manner fail to comply with any condition of this chapter or of any approval
granted pursuant to it, a general concept plan which has been approved shall not be
modified, revoked or otherwise impaired pending the application of development stage
and final plans by any action of the city without the consent of the applicant. Problems
arising or found to exist during the development or final plan stage of a project may
provide cause for the city to require modification of the general concept plan.
(5) Limitation of general concept plan approval. Unless a
development stage plan covering at least ten dwelling units or the area designated in
the general concept plan as the first stage of the P.U.D., whichever is greater, has
been filed within six months from the date Council grants general concept plan
approval, or in any case where the applicant fails to file development stage and final
plans and to proceed with development in accordance with the provisions of this
chapter and of an approved general concept plan, the approval may be revoked by
Council action. In this case, the Council shall forthwith adopt a resolution repealing the
general concept plan approval for that portion of the P.U.D. that has not received final
approval and re- establishing the zoning and other ordinance provisions that would
otherwise be applicable. Upon application by the applicant, the Council, at its
discretion, may extend for additional periods not in excess of six months each, the filing
deadline for any development stage plan, when for good cause shown, the extension is
necessary.
C. Development stage.
(1) Purpose. The purpose of the development stage plan is to
provide a specific and particular plan upon which the Planning Commission will base its
recommendation to the Council and with which substantial compliance is necessary for
the preparation of the final plan.
(2) Submission of development stage. Upon approval of the
general concept plan and within the time established in Subd. 6b(5) above, the
applicant shall file with the Zoning Administrator a development stage plan consisting
of the information and submissions required by subdivision 5b for the entire P.U.D. or
for one or more stages thereof in accordance with a staging plan approved as part of
the general concept plan. The Development Stage Plan shall refine, implement and be
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in substantial conformity with the approved General Concept Plan.
(3) Review and action by city staff and Planning Commission.
Immediately upon receipt of a completed Development Stage Plan, the Administrator
shall refer the plan to the following city staff and /or official bodies for the indicated
action:
(a) The City Attorney for legal review of all documents;
(b) The City Engineer for review of all engineering data
and the City /Developer Agreement;
plans;
(c) The City Building Official for review of all building
(d) The Zoning Administrator for review of all plans for
compliance with the intent, purpose and requirements of this chapter and conformity
with the General Concept Plan and Comprehensive Plan;
(e) The City Planning Commission for review and
recommendation to the Council;
(f) The Park Commission for review of public recreation
and /or open space provisions;
(g) When appropriate, as determined by the Zoning
Administrator to other special review agencies such as the Watershed Districts, Soil
Conservation Services, Highway Departments or other affected agencies. All staff or
commissions designated in paragraphs (a) through (d) hereof shall submit their reports
in writing to the Planning Commission and applicant at least five days prior to the date
of the Planning Commission meeting at which the request is to be heard.
(4) Schedule.
(a) Developer meets with the Zoning Administrator and
city staff to discuss specific development plans.
(b) The applicant shall file the Development Stage
application within six months after Concept Plan review, together with all supporting
data and filing fee as established by City Council resolution.
(c) Technical staff reports shall be prepared on the
proposed development and distributed to the Planning Commission and the applicant
at least five days prior to the date of the Planning Commission meeting at which the
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request is to be heard.
(d) The applicant or a representative thereof shall appear
before the Planning Commission in order to answer questions concerning the proposed
development.
(e) The Planning Commission will make a
recommendation to the City Council on the Development Stage Plan.
(f) Council action-
(i) The applicant or a representative thereof shall
appear before the City Council in order to present the Development Stage Plan and
answer questions concerning the Plan;
(ii) The Council shall review the Development
Stage Plan and any reports and recommendations of advisory commissions and city
staff;
(iii) The Council shall determine the relationship
between the Development Stage Plan and the previously approved Concept Plan.
(iv) Where deemed necessary, an additional
public hearing may be required during the Development Stage of the P.U.D. The public
hearing shall be held at the discretion of the City Council and shall comply with the
procedures set forth in subdivisions 6b(2)(c) through 0) of this section.
(v) The City Council may require revisions to or
modifications of the Development Stage Plan where deemed necessary. Any revision
or modification shall be referred to the Planning Commission for informational
purposes.
(vi) The Council shall approve or deny the
Development Stage Plan.
(vii) If approved, the Council shall instruct the City
Attorney to draw up a P.U.D. agreement which stipulates the specific terms and
conditions approved by the City Council and accepted by the applicant. This agreement
shall be signed by the Mayor of the City of Shorewood, City Administrator /Clerk and the
applicant within 30 days of Council approval of the Development Stage Plan. Where
the Development Stage Plan is to be resubmitted or denied approval, the Council
action shall be by written report setting forth the reasons for its action. In all cases, a
certified copy of the document evidencing Council action shall be promptly delivered to
the applicant by the Zoning Administrator.
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(5) Limitation on Development Stage Plan approval. Unless a
Final Plan covering the area designated in the Development Stage Plan as the first
stage of the P.U.D. has been filed within six months from the date Council grants
Development Stage Plan approval, or in any case where the applicant fails to file Final
Plans and to proceed with development in accordance with the provisions of this
chapter and /or approved Development Stage Plan, the approval shall expire. Upon
application by the applicant, the Council, at its discretion, may extend for not more than
six months, the filing deadline for any Final Plan when, for good cause shown, the
extension is necessary. In any case where Development Plan approval expires, the
Council shall forthwith adopt a resolution repealing the General Concept Plan approval
and the Development Stage Plan approval for that portion of the P.U.D. that has not
received Final Plan approval and reestablishing the zoning and other ordinance
provisions that would otherwise be applicable.
(6) Site improvements. At any time following the approval of a
Development Stage Plan by the Council, the applicant may, pursuant to the applicable
ordinances of the city, apply for, and the City Engineer may issue, grading permits for
the area within the P.U.D. for which Development Stage Plan approval has been given.
d. Final Plan.
(1) Purpose. The Final Plan is to serve as a complete, thorough
and permanent public record of the P.U.D. and the manner in which it is to be
developed. It shall incorporate all prior approved plans and all approved modifications
thereof resulting from the P.U.D. process. It shall serve in conjunction with other city
ordinances as the land use regulation applicable to the P.U.D. The Final Plan is
intended only to add detail to, and to put in final form, the information contained in the
Development Stage Plan and shall conform to the Development Stage Plan in all
respects.
(2) Schedule.
(a) Upon approval of the Development Stage Plan, and
within the time established by Subd. 6.c.(5) above, the applicant shall file with the
Zoning Administrator a Final Plan consisting of the information and submissions
required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages.
This plan will be reviewed and approved /denied by city staff, unless otherwise specified
by the City Council.
(b) Within 30 days of its approval, the applicant shall
cause the Final Plan, or the portions thereof as are appropriate, to be recorded with the
County Registrar of Titles. The applicant shall provide the city with a signed copy
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verifying county recording within 40 days of the date of approval.
(3) Building and other permits. Except as otherwise expressly
provided herein, upon receiving notice from the Zoning Administrator that the approved
Final Plan has been recorded and upon application of the applicant pursuant to the
applicable ordinances of the city, all appropriate officials of the city may issue building
and other permits to the applicant for development, construction and other work in the
area encompassed by the approved Final Plan; provided, however, that no permit shall
be issued unless the appropriate official is first satisfied that the requirements of all
codes and ordinances which are applicable to the permit sought have been satisfied.
(4) Limitations on Final Plan approval. Within one year after the
approval of the Final Plan for P.U.D., or shorter time as may be established by the
approved development schedule, construction shall commence in accordance with the
approved plan. Failure to commence construction within the period shall, unless an
extension shall have been granted as hereinafter provided, automatically render void
the P.U.D. permit and all approvals of the P.U.D. plan and the area encompassed
within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance
and other ordinances applicable in the district in which it is located. In this case, the
Council shall forthwith adopt an ordinance repealing the P.U.D. permit and all P.U.D.
approvals and re- establishing the zoning and other ordinance provisions that would
otherwise be applicable.
(5) Inspection during development.
(a) Compliance with overall plan. Following Final Plan
approval of a P.U.D., or a stage thereof, the Zoning Administrator shall, at least
annually until the completion of development, review all permits issued and
construction undertaken and compare actual development with the approval
development schedule.
(b) Development not proceeding according to schedule. If
the Zoning Administrator finds that development is not proceeding in accordance with
the approved schedule, or that it fails in any other respect to comply with the P.U.D.
plans as finally approved, he or she shall immediately notify the Council. Within 30
days of the notice, the Council shall either by ordinance revoke the P.U.D. permit and
the land shall thereafter be governed by the regulations applicable in the district in
which it is located or shall take the steps as it shall deem necessary to compel
compliance with the Final Plans as approved or shall require the landowner or
applicant to seek an amendment of the Final Plan.
(1987 Code, § 1201.25) (Ord. 180, passed 5 -19 -1986; Am. Ord. 411, passed
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12 -13 -2004; Am. Ord. 550, passed - -2018)
1201.26 S, SHORELAND DISTRICT.
Subd. 1. Shoreland Districts. The shorelands within the city are designated as
shoreland districts and the requirements set forth in this chapter shall govern
development and other activities within these districts. The classification of the
shoreland areas shall govern the use, alteration and development of these areas
according to the classification as per M.S., Chapter 105, and Minnesota Regulations
parts 6120.2500 - 6120.3900.
Subd. 2. District application. The S District shall be applied to and superimposed
upon all zoning districts as contained herein as existing or amended by the text and
map of this chapter. The regulations and requirements imposed by the S District shall
be in addition to those established for districts which jointly apply. Under the joint
application of districts, the more restrictive requirements shall apply.
Subd. 3. Boundaries. The boundaries of the Shoreland District are established
within the following distances from the ordinary high water level of the surface water
depending on the size of the surface water as indicated on the Shorewood Zoning
Districts Map.
Surface Water
Distance (Feet)*
Greater than 10 acres (Table 1)
1,000
Rivers and streams (draining an area
300 **
greater than 2 square miles)
* The practical distance may be less whenever the waters involved are bounded by
topographical divides which extend landward from the waters for lessor distances and
prevent flowage toward the surface water.
** The distance requirement shall be increased to the limit of the flood plain when the flood
plain is greater than 300 feet.
Subd. 4. Shoreland classification.
a. The surface waters affected by this section and which require
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controlled development of their shoreland (shoreland district) are shown on the map
designated as the official "Zoning Districts Map of the City of Shorewood" which is
properly approved and made a part of the ordinance and filed with the Zoning
Administrator.
b. Surface waters generally greater than ten acres and given an
identification number by the State of Minnesota are defined in § 1201.02 and listed in
Table 1 of this section. Other surface waters affected by this chapter, generally having
less than ten acres, are classified as wetlands and thus regulated under the provisions
of Shorewood Ordinance 70 (Chapter 1102 of the City Code).
TABLE 1
SURFACE WATER DISTRIBUTION
DNR Identification Number
Name
Classification
27 -133
Lake Minnetonka
GD
27 -142
Lake William
GD
27 -137
Christmas Lake
RD
27 -144
Galpin Lake
GD
10 -15
Virginia Lake
RD
27 -145
Como Lake
RD
27 -136
Silver Lake
NE
—
Purgatory Creek
GD
Subd. 5. Minimum lot and setback requirements.
a. The following chart sets forth the minimum area setbacks and other
requirements of each respective classification:
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NE Natural
RD
GD General
Environment
Recreational
Development
Development
(1) Min. lot size above normal high
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NE Natural
RD
GD General
Environment
Recreational
Development
Development
water mark
Abutting water
40,000 sq. ft.
20,000 sq. ft.
15,000 sq. ft.
Nonabutting
20,000 sq. ft.
15,000 sq. ft.
15,000 sq. ft.
(2) Lot width at lakeshore setback*
125 ft.
75 ft.
75 ft.
(3) Setback from ordinary high water
150 ft.
75 ft.
50 ft.
level*
(4) Setback from public street*
Abutting federal, state or county
road
50 ft.
50 ft.
50 ft.
Abutting town or public road
30 ft.
30 ft.
30 ft.
(5) Max. impervious surface to area
25%
25%
25%
ratio
(6) Max. building height (feet)
35 ft. **
35 ft. **
35 ft. **
(7) Side yard setback (lots abutting
30 ft. total /10
30 ft. total /10 ft.
30 ft. total /10
water)
ft. min. * **
min. * **
ft. min. * **
(8) Setback of roads, parking or
50 ft.
50 ft.
50 ft.
impervious surface areas from
ordinary high water level * * **
(9) Structure height (lowest floor)
3 ft.
3 ft.
3 ft.
above high water elevation * * * **
* Setback requirements from the ordinary high water level shall not apply to stairs, lifts,
piers and docks. Where development exists on both sides of a proposed building site,
building setbacks may be altered to more closely conform to adjacent building setbacks.
* *Building heights may be increased as provided in § 1201.03, Subdivision 4c.
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b. Substandard lot. Any lot of record filed in the office of the Hennepin
County Registrar of Deeds on or before the effective date of this chapter, which does
not meet the area requirements of this chapter may be allowed as a building site
subject to approval of a shoreland impact plan and provided:
district;
(1) The lot meets all standards of the applicable zoning use
(2) The lot is in separate ownership from abutting lands;
(3) Except for lot area, all other sanitary and dimensional
requirements of the Shoreland District are complied with insofar as practical (70% width
and area requirements).
C. Placement of structures. Placement of structures shall comply with
the provisions of Shorewood Ordinance 109 (Chapter 1101, Flood Control Regulations
of the City Code).
d. Bluff impact zones. Structures and accessory facilities, except
stairways, lifts and landings, must not be placed within bluff impact zones.
Subd. 6. Development regulations.
a. Landowners or developers desiring to develop land or construct
any dwelling or any other artificial obstruction on land located within any Shoreland
District within the city shall first submit a conditional use permit application as regulated
by § 1201.04 and a plan of development hereinafter referred to as " Shoreland Impact
Plan," which shall set forth proposed provisions for sediment control, water
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NE Natural
RD
GD General
Environment
Recreational
Development
Development
** *Subject to regulations and exceptions as provided in §§ 1201.10 through 1201.23.
* ** *Where feasible and practical, all roads and parking areas shall meet the setback
requirements established for structures in (3) above. Natural vegetation or other natural
materials shall be required in order to screen parking areas when viewed from the water.
Parking areas of more than four spaces shall be screened in accordance with a
landscaping plan submitted and approved by the City Council.
* * ** *Does not include piers and docks.
b. Substandard lot. Any lot of record filed in the office of the Hennepin
County Registrar of Deeds on or before the effective date of this chapter, which does
not meet the area requirements of this chapter may be allowed as a building site
subject to approval of a shoreland impact plan and provided:
district;
(1) The lot meets all standards of the applicable zoning use
(2) The lot is in separate ownership from abutting lands;
(3) Except for lot area, all other sanitary and dimensional
requirements of the Shoreland District are complied with insofar as practical (70% width
and area requirements).
C. Placement of structures. Placement of structures shall comply with
the provisions of Shorewood Ordinance 109 (Chapter 1101, Flood Control Regulations
of the City Code).
d. Bluff impact zones. Structures and accessory facilities, except
stairways, lifts and landings, must not be placed within bluff impact zones.
Subd. 6. Development regulations.
a. Landowners or developers desiring to develop land or construct
any dwelling or any other artificial obstruction on land located within any Shoreland
District within the city shall first submit a conditional use permit application as regulated
by § 1201.04 and a plan of development hereinafter referred to as " Shoreland Impact
Plan," which shall set forth proposed provisions for sediment control, water
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management, maintenance of landscaped features and any additional matters intended
to improve or maintain the quality of the environment. Such a plan shall set forth
proposed changes requested by the applicant and affirmatively disclose what, if any,
change will be made in the natural condition of the earth, including loss or change of
earth ground cover, destruction of trees, grade courses and marshes. The plan shall
minimize tree removal, ground cover change, loss of natural vegetation and grade
changes as much as possible and shall affirmatively provide for the relocation or
replanting of as many trees as possible which are proposed to be removed. The
purpose of the shoreland impact plan shall be to eliminate as much as possible
potential pollution, erosion and siltation.
(1) Exceptions.
(a) No conditional use permit or shoreland impact plan
shall be required for the development of permitted accessory uses contained within the
R-1 A, R -1 B, R -1 C, R -2A, R -213 or R -2C Districts.
(b) No conditional use permit or shoreland impact plan
shall be required for the development of permitted uses contained within the R -1A,
R -1 B, R -1 C, R -2A, R -213 or R -2C Districts, provided that the uses are constructed on
standard lots when abutting a shoreline and that all the uses are serviced with public
sanitary sewer.
(c) The provisions otherwise set forth in this chapter and
in other applicable local ordinances shall apply to all plats except Planned Unit
Development.
(2) Subdivision. No land shall be subdivided which is
determined by the city or the Commissioner of Natural Resources to be unsuitable by
reason of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, unfavorable topography,
inadequate water supply or sewage treatment capabilities or any other feature likely to
be harmful to the health, safety or welfare of the future residents of the proposed
subdivision or the community.
b. Sewage and waste disposal. Any premises used for human
occupancy shall be provided with public sanitary sewer disposal.
C. Water supply. Any private supply of water for domestic purposes
shall conform to Minnesota Department of Health Standards for water quality. Private
wells shall be placed in areas not subject to flooding and up slope from any source of
contamination. Wells already existing in areas subject to flooding shall be floodproofed
in accordance with city standards.
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d. Stairways, lifts and landings. Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and down bluffs
and steep slopes to shore areas. Stairways and lifts must meet the following design
requirements:
(1)
(2)
feet in area;
(3)
landings;
Stairways and lifts must not exceed four feet in width;
Landings for stairways and lifts must not exceed 32 square
Canopies or roofs are not allowed on stairways, lifts or
(4) Stairways, lifts and landings may be either constructed
above the ground on posts or pilings or placed into the ground, provided they are
designed and built in a manner that ensures control of soil erosion;
(5) Stairways, lifts and landings must be located in the most
visually inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf -on conditions, whenever practical;
(6) Facilities such as ramps, lifts or mobility paths for physically
handicapped persons are also allowed for achieving access to shore areas, provided
that the dimensional and performance standards of items (1) to (5) above are complied
with in addition to the requirements of Minnesota Regulations, Chapter 1340.
Subd. 7. Shoreland alteration.
a. The removal of natural vegetation shall be restricted to prevent
erosion into public waters, to consume nutrients in the soil and to preserve shoreland
aesthetics.
(1) Clearcutting is prohibited within required setback areas and
except as necessary for placing public roads, utilities, structures and parking areas.
(2) Natural vegetation shall be restored insofar as feasible after
any construction project.
(3) Selective cutting of trees and underbrush is allowed as long
as sufficient cover is left to make cars and structures visually inconspicuous when
viewed from the water.
b. Grading and filling:
(1) Grading and filling within Shoreland Districts, or any
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alteration of the natural topography where the slope of land is toward a public water or
watercourse leading to a public water must be approved by the Building Official and a
permit obtained prior to the commencement of any work thereon. The permit may be
granted subject to the conditions that:
(a) No more than one -third of the surface area of a lot
shall be devoid of vegetative ground cover at any time;
(b) Temporary ground cover such as mulch shall be used
and permanent cover such as sod shall be planted as soon as possible;
(c) Methods to prevent erosion and trap sediment shall
be employed in accordance with the Shorewood Subdivision Ordinance (Chapter 1202
of this code);
(d) Fill shall not be placed in areas lower in elevation
than the normal high water mark;
engineering standards;
(e) Fill shall be stabilized according to accepted
(f) Fill shall not restrict a floodway or destroy the storage
capacity of a flood plain;
(g) The maximum slope of the finished surface which
slopes toward a water body or a watercourse leading to the water body shall be three
units horizontal to one vertical;
(h) No grading or filling shall be permitted within shore
and bluff impact zones;
(i) Plans to place fill or excavated material on steep
slopes must be reviewed and approved by the City Engineer for continued slope
stability and must not create finished slopes greater than three units horizontal to one
vertical;
(j) Placement of natural rock riprap, including associated
grading of the shoreline and placement of a filter blanket, is permitted if the finished
slope does not exceed three feet horizontal to one foot vertical, the landward extent of
the riprap is within ten feet of the ordinary high water level and the height of the riprap
above the ordinary high water level does not exceed three feet;
(2) Any work which will change or diminish the course, current
or cross section of a public water must be approved by the Department of Natural
Resources as per M.S. § 105.44 before the work is begun. This includes construction
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of channels and ditches, lagooning, dredging of lake bottom for the removal of muck,
silt or weeds and filling the lake bed, including low lying marsh areas. Approval shall be
construed to mean the issuance by the Commissioner of the Department of Natural
Resources of a permit under the procedures of M.S. § 42 and other related statutes;
(3) Excavation on shorelands where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons and harbors, shall
require a permit from the Building Official prior to commencement of construction. The
permit shall be obtained only after the Commissioner of the Department of Natural
Resources has approved the proposed connection to public waters. Approval will be
given only if the proposed work is consistent with applicable state regulations for work
in beds of public waters.
C. Steep slopes. The Zoning Administrator must evaluate possible
soil erosion impacts and development visibility from public waters before issuing a
permit for construction of roads, driveways, structures or other improvements on steep
slopes. When determined necessary, conditions must be attached to issued permits to
prevent erosion and to preserve existing vegetation screening of structures, vehicles
and other facilities as viewed from the surface of public waters, assuming summer,
leaf -on vegetation.
Subd. 8. Stormwater management. The following general and specific standards
shall apply.
a. General standards.
(1) When possible, existing natural drainageways, wetlands and
vegetated soil surfaces must be used to convey, store, filter and retain stormwater
runoff before discharge to public waters.
(2) Development must be planned and conducted in a manner
that will minimize the extent of disturbed areas, runoff velocities, erosion potential and
reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as
soon as possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features and soil
and vegetation conditions are not sufficient to adequately handle stormwater runoff
using natural features and vegetation, various types of constructed facilities such as
diversions, settling basins, skimming devices, dikes, waterways and ponds may be
used. Preference must be given to designs using surface drainage, vegetation and
infiltration rather than buried pipes and man- made materials and facilities.
b. Specific standards.
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(1) Impervious surface coverage of lots must not exceed 25% of
the lot area, except as provided in § 1201.03 Subd. 2.u. of this code.
(2) When constructed facilities are used for stormwater
management, documentation must be provided by a registered engineer licensed in the
State of Minnesota that they are designed and installed consistent with the field office
technical guide of the local soil and water conservation districts.
(3) New constructed stormwater outfalls to public waters must
provide for filtering or settling of suspended solids and skimming of surface debris
before discharge.
Subd. 9. Planned Unit Development. The Planned Unit Development provisions
contained in § 1201.06 may be utilized within a Shoreland District, when consistent with
the provisions of this section and provided that the following requirements are
satisfactorily met-
a. Preliminary plans shall be approved by the Department of Natural
Resources prior to city approval;
b. Sufficient open space is preserved through the use of restrictive
deed covenants, public dedications and the like;
C. The following factors are carefully evaluated to insure that any
increased density of development is consistent with the resource limitations of the
public water:
(1) Suitability of the site for the proposed use;
(2) Physical and aesthetic impact of any increased density;
(3) Level of current development;
(4) Amount and ownership of undeveloped shoreland;
(5) Levels and types of water surface use and public access;
(6) Possible effects on overall public use;
d. Any commercial, recreational, community or religious facility
allowed as part of the planned unit development conforms to all applicable federal and
state regulations, including, but not limited to the following:
(1) Licensing provisions or procedures;
(2) Waste disposal regulations;
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(3) Water supply regulations;
(4) Building codes;
(5) Safety regulations;
(6) Regulations concerning the appropriate use of public waters
as defined in M.S., Chapter 105, as may be amended;
Quality Board;
(7) Applicable regulations of the Minnesota Environmental
(8) Storm sewer;
e. The final P.U.D. plan shall not be modified or altered in any way
without written approval from the Department of Natural Resources;
f. P.U.D.'s incorporating shoreline recreational facilities such as
beaches, docks or boat launching facilities and the like shall be designed that the
facilities are centralized for common utilization.
Subd. 10. Variance. Variances may be granted by the City Council upon application
as required in § 1201.05 of this chapter in extraordinary cases, but only when the
proposed use is determined to be in the public interest and no variance shall be
granted which the Council determines will or has a tendency to:
a. Result in the placement of an artificial obstruction which will restrict
the passage of storm and flood water in a manner as to increase the height of flooding,
except obstructions approved by the U.S. Army Corps of Engineers in conjunction with
sound flood plain management;
b. Result in compatible land uses or which would be detrimental to
the protection of surface and ground water supplies;
C. Be not in keeping with land use plans and planning objectives for
the city or which will increase or cause danger to life or property;
d. Be inconsistent with the objectives of encouraging land use
compatible with the preservation of the natural land forms, vegetation and the marshes
and wetlands within the city. No permit or variance shall be issued unless the applicant
has submitted a Shoreland Impact Plan as required and set forth in this chapter. In
granting any variance, the Council may attach the conditions as they deem necessary
to insure compliance with the purpose and intent of this chapter.
Subd. 11. DNR notification procedure
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a. Copies of all notices of any public hearings to consider variances,
amendments or conditional uses under this section shall be received by the
Commissioner of the Department of Natural Resources at least ten days prior to the
hearings.
b. A copy of amendments and final decisions granting variances or
conditional uses under this section shall be received by the Commissioner of the
Department of Natural Resources within ten days of final action or amendment.
Subd. 12. Effect of permit. The granting of any permit, variance or subdivision
approval under provisions of this section shall in no way affect the owner's capability to
obtain the approval required by any other statute, ordinance or legislation of any state
agency or subdivision thereof. Approval may be expressly given in conjunction with
other permits applied for, but no approval shall be implied from the grant of the permits
nor from the necessity to apply for a permit as described herein.
(1987 Code, § 1201.26) (Ord. 261, passed 11 -30 -1992; Am. Ord. 382, passed
3 -25 -2002; Am. Ord. 420, passed 2 -13 -2006)
CHAPTER 1202
SUBDIVISION REGULATIONS
Section
1202.01
Title and application
1202.02
Definitions
1202.03
Procedures for filing and review
1202.04
Plat and data requirements
1202.05
Design standards
1202.06
Public lands
1202.07
Required improvements
1202.08
Non - platted subdivisions
1202.09
Variances and appeals
1202.10
Violations and penalty
1202.01 TITLE AND APPLICATION.
Subd. 1. Title. This chapter shall be known as "City of Shorewood Subdivision
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Ordinance," except as referred to herein, where it shall be known as "this chapter."
Subd. 2. Purpose. It is the purpose of this chapter to safeguard the best interests
of the city and to assist developers and subdividers of land in harmonizing their
interests with those of the city. It is the purpose of this chapter to make certain
regulations and requirements for the subdivision of land within the city, pursuant to the
authority contained in Minnesota State Statutes, which regulations the City Council
deems necessary for the health, safety and general welfare of this community. This
chapter is intended to promote good planning practice and to ensure orderly growth
and development and shall supplement and implement the provisions of the Shorewood
Comprehensive Plan and the Shorewood Zoning Code.
Subd. 3. Application of requirements.
a. Relationship to other laws. Where the conditions imposed by any
provision of this chapter are either more or less restrictive than comparable conditions
imposed by any other ordinance, rule or regulation of the city, the ordinance, rule or
regulation that imposes the more restrictive condition, standard or requirement shall
prevail. The Zoning Administrator shall determine which is more restrictive and appeals
from the determination may be made in the manner provided herein.
b. Minimum requirement. In the interpretation of this chapter, its
provisions shall be held to be the minimum requirements for the promotion of the public
health, safety and welfare.
Subd. 4. Approvals necessary for acceptance of subdivision plats. Before any plat
shall be recorded or be of legal effect, it shall be referred to the City Planning
Commission and approved by the City Council as having fulfilled the requirements of
this chapter.
Subd. 5. Conditions for recording. No plat of any subdivision shall be entitled to be
recorded in the Hennepin County Recorder's Office or have any validity until the plat
thereof has been prepared, approved and acknowledged in the manner prescribed by
this chapter.
Subd. 6. Permits. No building permits shall be granted by the city for the
construction of any building, structure or improvement to the land or to any lot in a
subdivision as defined herein, until all requirements of this chapter have been fully
complied with.
Subd. 7. Exceptions. Except in the case of resubdivision, this chapter shall not
apply to any lot or lots forming a part of a subdivision recorded in the office of the
Hennepin County Register of Deeds for Registrar of Titles prior to the effective date of
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this chapter.
Subd. 8. Rules. The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
a. The singular number shall include the plural and the plural the
singular;
b. The present tense includes the past and future tenses and the
future the present;
C. The word SHALL is mandatory while the word MAY is permissive;
d. Whenever a word or term defined hereinafter appears in the text of
this chapter, its meaning shall be construed as set forth in the definition thereof;
e. All measured distances expressed in feet shall be to the nearest
tenth of a foot.
Subd. 9. Separability. It is declared to be the intention of the city that the several
provisions of this chapter are separable in accordance with the following:
a. Other parts of this chapter. If any court of competent jurisdiction
shall adjudge any provision of this chapter to be invalid, the judgment shall not affect
any other provisions of this chapter not specifically included in the judgment;
b. Application to other party or property. If any court of competent
jurisdiction shall adjudge invalid the application of any provision of this chapter to a
particular property, building or structure, the judgment shall not affect the application of
the provision to any other property, building or structure not specifically included in the
judgment.
Subd. 10. Authority. This chapter is enacted pursuant to the authority granted by
M.S. § 462.358.
Subd. 11. Relationship to Comprehensive Plan. It is the policy of the city that the
enforcement, amendment and administration of this chapter be accomplished with due
consideration of the recommendations contained in the Shorewood Comprehensive
Plan as developed and amended from time to time by the City Council. The Council
recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of
land use and development in accordance with the policies and purpose herein set forth.
Subd. 12. Comprehensive revision. The City Council intends this chapter to be a
comprehensive revision to the Shorewood Subdivision Ordinance, as amended. Except
as otherwise provided herein, the provisions of this chapter are not intended to alter,
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diminish, increase or otherwise modify any rights or liabilities existing on its effective
date. Any act done, offense committed or rights accruing or accrued or liability or
penalty incurred or imposed prior to the effective date of this chapter is not affected by
its enactment.
(Am. Ord. 380, passed 2 -11 -2002)
1202.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ALLEY. A public or private right -of -way primarily designed to serve as
secondary access to the side or rear of those properties whose principal frontage is on
a street.
APPLICANT. The owner of land proposed to be subdivided or the owner's
representative. Consent shall be required from the legal owner of the premises.
BLOCK. An area of land within a subdivision containing one or more lots that is
entirely bounded by streets, or by streets and the entire boundary or boundaries of the
subdivision, or a combination of the above with a river, lake or other physical barrier.
BOULEVARD. The portion of the street right -of -way not occupied by pavement
or other traveled surface.
BUILDING. Any structure used or intended for supporting or sheltering any use
or occupancy.
COMPREHENSIVE PLAN. The long range goals, objectives, policies, concepts
and plans of the city as stated in a group of maps, charts and text.
DESIGN STANDARDS. The specifications to land owners or subdividers for the
preparation of plats, both preliminary and final, indicating among other things, the
optimum, minimum or maximum dimensions of the items as rights -of -way, blocks,
easements and lots.
EASEMENT. A grant by a property owner for the use of land for the purpose of
constructing and maintaining drives and utilities, including, but not limited to wetlands,
ponding areas, sanitary sewers, watermains, electric lines, telephone lines, storm
sewer or storm drainage ways and gas lines.
FINAL PLAT. A drawing, suitable for recording, showing the layout of a
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subdivision that has received preliminary plat approval pursuant to §§ 1202.03 and
1202.04 and M.S. Chapter 505.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air
or roots cannot penetrate.
LOT. A parcel of land in a subdivision or plat of land, separated from other
parcels or portions by descriptions or by metes and bounds, for the purpose of sales or
lease or separate use thereof.
LOT, CORNER. A lot situated at the intersection of two streets, or a lot at the
point of deflection of a single street, the interior angle of which 135 degrees or less.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object
which constitutes a physical betterment of the real property on which it is situated or
any part of the betterment.
LOT WIDTH. The shortest horizontal distance between the side lot lines
measured at right angles to the lot depth measured at the required minimum building
setback line as set forth in the Shorewood Zoning Code.
ORDINARYHIGH WATER LEVEL (OHWL). The boundary of public waters and
wetlands that is described as an elevation delineating the highest water level that 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 ORDINARYHIGH WATER LEVEL is
the elevation of the top of the bank or channel.
OUTLOT. A lot remnant or parcel of land left over after platting, which is
intended as open space or other use, or which is reserved for future development and
for which no building permit shall be issued.
OWNER. Any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity having sufficient proprietary interest in the land sought to
be subdivided or commercially used to commence and maintain proceedings under this
chapter.
PARKS AND PLAYGROUNDS. Public land and open spaces in the city
dedicated or reserved for recreation purposes.
PEDESTRIAN WAY. A public right -of -way or private easement that provides
access for pedestrians and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE. The ratio of the distance vertically from the
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horizontal in feet and tenths of a foot for each 100 feet of horizontal distance
PRELIMINARYPLAT. A drawing or set of drawings describing the existing
physical characteristics of a parcel of land and illustrating a proposed layout for
subdividing the land into lots, blocks, streets and easements for purposes of obtaining
preliminary approval of a subdivision, pursuant to §§ 1202.03 and 1202.04 and M.S. §
462.358 and Chapter 505.
PROTECTIVE COVENANTS. Contracts made between private parties relating to
the manner in which land may be used in order to protect and preserve the physical
and economic integrity of any given area.
PUBLIC IMPROVEMENT. Any drainage facilities, roadway, parkway, sidewalk,
pedestrianway, tree, lawn, off - street parking area, lot improvement, utility or other
facility for which the city may ultimately assume the responsibility for maintenance and
operation or which may affect an improvement for which local government responsibility
is established.
REGISTERED LAND SURVEYOR. A surveyor whom is registered and licensed
in accordance to M.S. § 326.02, Subd. 3a.
REGISTERED PROFESSIONAL ENGINEER. A REGISTERED
PROFESSIONAL ENGINEER licensed in accordance to M.S. § 326.02, Subd. 3.
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, easement, gift or statutory user, whether developed or undeveloped, paved
or unpaved.
SETBACK. The minimum horizontal distance between building and street, lot
line or ordinary high water level. Distances are to be measured at ground level from the
most outwardly extended portion of the structure. 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.
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.
STREETS, ARTERIAL. Those streets, as identified in the Shorewood
Comprehensive Plan, carrying larger volumes of traffic and serving as links between
various subareas of the community. Arterial streets are intended to provide for
collection and distribution of traffic between highways and collector streets; hence
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regulations of direct access to property is critical
STREETS, COLLECTOR. Those streets, as identified in the Shorewood
Comprehensive Plan, that carry traffic from local streets to the major system of arterials
and highways. COLLECTOR STREETS primarily provide principal access to
residential neighborhoods, including, to a lesser degree direct land access.
STREETS, LOCAL. Those streets, as identified in the Shorewood
Comprehensive Plan, that are used primarily for access to abutting properties and for
local traffic movement.
STREETS, MARGINAL ACCESS. Those local streets that are parallel and
adjacent to thoroughfares and highways and that provide access to abutting properties
and protection from through traffic.
STREETS, CUL -DE -SAC. Those local streets with only one outlet and having an
appropriate terminal for the safe and convenient reversal of traffic movement.
STREET WIDTH. The shortest distance between lines of lots delineating the
streets right -of- way.
SUBDIVIDER. Any individual, firm, association, syndicate, co- partners,
corporation, trust or other legal entity having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide the same
under this chapter.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels
for the purpose of transfer of ownership or of building developments. The term includes
resubdivision and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
(Am. Ord. 380, passed 2 -11 -2002)
1202.03 PROCEDURES FOR FILING AND REVIEW.
Subd. 1. Sketch plan. In order to insure that all applicants are informed of the
procedural requirements and minimum standards of this chapter, and the requirements
or limitations imposed by other city ordinances or plans prior to the development of a
preliminary plat, all applicants shall present a sketch plan to the Zoning Administrator
prior to filing a preliminary plat.
Subd. 2. Preliminary Plat.
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a. Filing. Five copies of the preliminary plat shall be submitted to the
Zoning Administrator. The required filing fee as established by City Code § 1301.03
shall be paid and any necessary applications for variances from the provisions of this
chapter shall be submitted with the required fee. The plan shall be considered as being
officially submitted when all the information requirements have been complied with.
b. Public hearing. Upon receipt of the subdivision application, the
Zoning Administrator shall set a public hearing for public review of the preliminary plat
The hearing shall be established once adequate time has been allowed for staff and
advisory body review of the plat. The Planning Commission shall conduct the hearing
and report its findings and make recommendations to the City Council. Notice of the
hearing shall contain a legal property description, description of request detailing
property location and be published in the official newspaper no more than 30 and no
less than ten days prior to the hearing. Written notification of the hearing shall be
mailed no more than 30 and no less than ten days prior to the hearing to all owners of
land within 750 feet of the boundary of the property in question.
C. Technical assistance reports. The Zoning Administrator shall
instruct the appropriate staff persons to prepare technical reports and provide general
assistance in preparing a recommendation to the Planning Commission and City
Council.
d. Review by other commissions or jurisdictions. The Zoning
Administrator shall refer copies of the preliminary plat to the Park Commission, county,
metropolitan, state or other public jurisdictions for their review and comment, where
appropriate and when required.
e. Planning Commission action. The Planning Commission shall make
a recommendation to the City Council immediately following the close of the public
hearing. If the Planning Commission has not acted upon the preliminary plat within 60
days from the opening of the public hearing, the Council may act on the preliminary plat
without the Planning Commission's recommendation.
f. City Council action.
(1) If all requirements of this chapter and those that may be
additionally imposed by the Planning Commission are complied with, the Council shall
act upon the preliminary plat and may impose conditions and restrictions, which are
deemed necessary, within 60 days of the date of the close of the Planning
Commission's public hearing. A request for a time extension of the City Council's
review process may be granted by the City Council, if requested in writing by the
applicant.
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(2) If the preliminary plat is not approved by the City Council,
the reasons for the action shall be recorded in the proceedings of the Council and
transmitted in writing to the applicant. If the preliminary plat is approved, the approval
shall not constitute final acceptance of the layout. Subsequent approval will be required
of the engineering proposals and other features and requirements as specified by this
chapter to be indicated on the final plat. The City Council may require the revisions in
the preliminary plat and final plat as it deems necessary for the health, safety and
general welfare of those living in and near the city.
(3) If the preliminary plat is approved by the City Council, the
subdivider must submit the final plat within 180 days after the approval or approval of
the preliminary plat shall be considered void, unless a request for time extension is
submitted in writing and approved by the City Council prior to expiration of the 180 day
period. A reasonable time extension will be considered by the City Council, if
circumstances requiring the extension are beyond the control of the applicant.
Subd. 3. Final Plat.
a. Filing. After the preliminary plat has been approved, the applicant
must file a request, supportive information and the final plat with the Zoning
Administrator at least 20 days prior to the City Council meeting at which the final
request is to be considered. This must be done within 180 days from the date of
preliminary plat approval. If a request for final plat is not made within this period of time,
the approval of the preliminary plat is void and the applicant must reapply for
preliminary plat approval, unless an extension of time has been formally approved by
the City Council. The final plat may constitute only that portion of the preliminary plat
which the subdivider proposes to record and develop at the time.
b. Approval of the City Council. If accepted and all fees for processing
the application have been paid, the final plat shall be approved by resolution within 60
days of the date of the meeting at which the final plat was received. The resolution
shall provide for the acceptance of all agreements for basic improvements, public
dedication and other requirements as indicated by the City Council. If denied, the
grounds for any refusal to approve a plat shall be set forth in the proceedings of the
Council and reported to the person or persons applying for the approval.
C. Recording Final Plat. If the final plat is approved by the City
Council, the subdivider shall record it with the Hennepin County Recorder within 30
days after the approval or approval of the final plat shall be considered void, unless a
request for time extension is submitted in writing and approved by the City Council. The
subdivider shall, prior to recording, furnish the Zoning Administrator with three blackline
prints and a reproducible mylar of the final plat. Upon recording the plat the subdivider
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shall provide the Zoning Administrator with evidence of the recording. No building
permits shall be issued for construction of any structure on any lot in the plat until the
city has received evidence of the plat being recorded by Hennepin County.
(Am. Ord. 380, passed 2 -11 -2002; Am. Ord. 550, passed - -2018)
1202.04 PLAT AND DATA REQUIREMENTS.
Subd. 1. Sketch plan. The sketch plans shall contain, at a minimum, plat boundary,
north arrow, graphic scale, street layout on and adjacent to plat, designation of land
use and current or proposed zoning, significant topographical or physical features and
general lot locations and layout.
Subd. 2. Preliminary Plat. The subdivider shall prepare and submit a preliminary
plat, together with any necessary supplementary information. The preliminary plat shall
contain the information set forth in the subdivisions which follow.
a. General requirements.
(1) Proposed name of subdivision. Names shall not duplicate or
too closely resemble names of existing subdivisions.
(2) Location of boundary lines in relation to a known section,
quarter section or quarter - quarter section lines comprising a legal description of the
property.
(3) Names and addresses of all persons having property
interest, the developer, designer and surveyor, together with the surveyor's registration
number.
(4) Graphic scale. Scale shall be expressed as one inch to ten
feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet.
(5) Date of preparation and north arrow.
b. Existing conditions.
(1) Survey, prepared by a registered land surveyor, showing
boundary lines and total acreage of proposed plat clearly indicated.
the subdivision.
(2) Existing zoning classifications for land within and abutting
(3) Location, widths and names of all existing or previously
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platted streets or other public or private ways showing type, width and condition of
improvements, if any. Location, width and names of all existing railroad and utility
rights -of -way, parks and other public open spaces, permanent buildings and structures,
easements and section and corporate lines within the tract and to a distance of 300 feet
beyond the tract.
(4) Location and size of existing sewers, water mains,
stormwater pipes, culverts, drainage tiles or other underground facilities within the tract
and to a distance of 100 feet beyond the tract. The data as grades, invert elevations,
locations of catch basins, manholes and hydrants shall also be shown.
(5) Boundary lines of adjoining unsubdivided or subdivided
land, within 300 feet identified by name and ownership, including all contiguous land
owned or controlled by the subdivider.
(6) Topographic data, including contours at vertical intervals of
not more than two feet. Lakes, water courses, wetlands, rock outcrops, power
transmission poles and lines, vegetation and other significant features shall also be
shown.
(7) Statement of interest in the plat by the Minnehaha Creek
Watershed District or the Riley- Purgatory -Bluff Creek Watershed District.
C. Design features.
(1) Layout of proposed streets showing the right -of -way widths,
centerline gradients, typical cross sections and proposed names of streets in
conformance with city and county street identification policies. The name of any street
heretofore used in the city or its environs shall not be used unless the proposed street
is a logical extension of an already named street, in which event the same name shall
be used.
or water wells.
ways.
(2) Locations and size of proposed sewer lines and watermains
(3) Locations and widths of proposed alleys and pedestrian
(4) Location, dimension and purpose of all easements.
(5) Layout, numbers, lot areas and preliminary dimensions of
lots and blocks. All lots shall be numbered clockwise in each block and blocks shall be
numbered consecutively.
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(6) Minimum front, side and rear building setback lines.
(7) When lots are located on a curve, the width of the lot at the
building setback line.
(8) Areas, other than streets, alleys, pedestrian ways and utility
easements, intended to be dedicated or reserved for public use, including the size of
the area or areas in square feet and acres.
(9) A statement of the proposed use of lots stating type of
buildings with number of proposed dwelling units or type of business, so as to reveal
the effect of the development on traffic, fire hazards and congestion of population.
(10) Public utilities, including water, sanitary sewer mains
and service connections to be installed in accordance with the standards of the city.
(11) Proposed grading, including existing and proposed
contours at vertical intervals of not more than two feet, proposed cut and fill areas,
proposed building pads showing type of house (full basement, walkout, split entry and
the like) and elevations of lowest floor and garage floor.
(12) Proposed ponding data, including the ordinary high
water level, high water level and emergency overflow elevation and route.
d. Supplementary information.
(1) Any or all of the supplementary information requirements set
forth in this subdivision shall be submitted, when deemed necessary by the city staff,
consultants, advisory bodies or City Council.
(2) Proposed protective covenants.
(3) An accurate soils report of the subdivision prepared by a
registered professional engineer qualified to perform and analyze soil materials under
the laws of Minnesota. The soils report shall consist of test holes to a depth necessary
to determine the various types of soils to be encountered before reaching a stable base
and the static water table elevation. The test holes, when ordered by the city
authorities, shall be drilled at the expense of the owner or developer and the
information disclosed shall be furnished to the city, together with a copy of the
proposed plat showing the location of each test hole. The information required by the
city shall include a report as to the various types of soils encountered and their depths,
the level of the ground water, a percolation test and may include additional information.
The number of test holes to be drilled and their location on the property, which is
proposed to be platted, will be as directed by the city or their authorized representative.
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The owner shall be required to furnish to the city a report from a recognized
engineering laboratory as to the safety and practicability of the use of the area for
building construction.
(4) A survey prepared by a qualified landscape architect,
forester or arborist identifying tree coverage in the proposed subdivision in terms of
type, weakness, maturity, potential hazard, infestation, vigor, density and spacing.
(5) If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions, shall be shown. The proposed zoning
plan shall be for information only and shall not vest any rights in the applicant.
(6) Provision for surface water disposal, ponding, drainage and
flood control
(7) Where the subdivider owns property adjacent to that which
is being proposed for the subdivision, it shall be required that the subdivider submit a
sketch plan of the remainder of the property so as to show the possible relationships
between the proposed subdivision and the future subdivision. In any event, all
subdivisions shall be required to relate well with existing or potential adjacent
subdivision.
(8) Where structures are to be placed on large or excessively
deep lots that are subject to potential replat, the preliminary plat shall indicate a logical
way in which the lots could potentially be subdivided in the future.
(9) A plan for soil erosion and sediment control both during
construction and after development has been completed. The plan shall include
gradients of waterways, design of velocity and erosion control measures, design of
sediment control measures and landscaping of the erosion and sediment control
system.
(10) A vegetation preservation and protection plan that
shows those trees proposed to be removed, those to remain and the types and
locations of trees and other vegetation that are to be planted.
(11) The other information as may be required.
Subd. 3. Final Plat. The owner or subdivider shall submit a final plat, together with
any necessary supplementary information. The Final Plat shall be prepared in
accordance with provisions of Minnesota State Statutes and Hennepin County
regulations, and the final plat shall contain the following information:
a. Name of the subdivision, which shall not duplicate or too closely
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approximate the name of any existing subdivision;
b. Location by section, township range, county and state and
including descriptive boundaries of the subdivision, based on an accurate traverse,
giving angular and linear dimensions which must mathematically close;
C. Name and address of surveyor making the plat;
d. Scale of plat (the scale to be shown graphically on a bar scale),
date and north arrow;
e. The location of monuments shall be shown and described in
reference to existing official monuments on the nearest established street lines,
including true angles and distances to the reference points or monuments;
f. Location of lots, streets, public highways, alleys, parks and other
features with accurate dimensions in feet and decimals of feet, with the length of radii
and arcs of all curves and with all other information necessary to reproduce the plat on
the ground. Dimensions shall be shown from all angle points of curve to lot lines;
g. Lots shall be numbered clearly in a clockwise progression. Blocks
are to be numbered with numbers shown clearly in the center of the block;
h. The exact locations, widths and names of all streets to be
dedicated;
i. Statement dedicating all streets, alleys and other public areas not
previously dedicated as follows: streets, alleys and other public areas shown on this
plat and not heretofore dedicated to public use are hereby so dedicated;
The exact locations and widths of all easements to be dedicated;
k. Statement dedicating all easements as follows: easements for
installation and maintenance of utilities and drainage facilities are reserved over, under
and along the strips marked "utility easements;"
I. Detailed plans and specifications in accordance with the City of
Shorewood Standard Specifications for Construction of Public Utilities, including
sanitary sewer, municipal water systems or on -site water supply, grading, drainage and
erosion control plans, all approved by the City Engineer;
M. Evidence that ground water controls are provided at least ten feet
below level of finished grades of plan;
n. Comply with rules and regulations of the Minnehaha Creek
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Watershed District, or Riley- Purgatory -Bluff Creek Watershed District, whichever
District has jurisdiction or statement from the District indicating that it has no interest in
the plat;
o. Any supplementary engineering data required by the city.
Subd. 4. Certification required.
a. Certification by registered surveyor in the form required by M.S. §
505.03, as amended.
b. Execution by all owners of any interest in the land or any holders of
a mortgage thereon of the certificates required by M.S. § 505.03, as amended, and
which certificate shall include a dedication of the utility easement and other public
areas in the form as approved by the City Council.
C. Space for certificates of approval and review, including the date of
approval and spaces to be filled in by the signature of the Mayor and City
Administrator /Clerk.
(Am. Ord. 380, passed 2 -11 -2002)
1202.05 DESIGN STANDARDS.
Subd.1. Blocks
a. Block length. In general, intersecting streets determining block
lengths shall be provided at intervals so as to serve cross - traffic adequately and to
meet existing streets. Where no existing plats control, the blocks in residential
subdivisions should not exceed 1200 feet in length, except where topography or other
conditions justify a departure from this maximum and approval is received from the City
Council. In blocks longer than 1000 feet, pedestrian ways or easements through the
block may be required in locations deemed necessary for convenient pedestrian
circulation.
b. Block width. The width of the block shall normally be sufficient to
allow two tiers of lots of appropriate depth. Blocks intended for commercial use shall be
of the width as to be considered most suitable for their respective use, including
adequate space for off - street parking and deliveries.
Subd.2. Lots
a. Size. The minimum lot area, width and depth shall not be less than
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that established by the Shorewood Zoning Ordinance in effect at the time of adoption of
the final plat. To eliminate any doubt as to the interpretation of lot size, the minimum lot
square footage shall not include any portion of an adjacent public street, any portion of
the city designated wetlands, as set forth in Chapter 1102 of the City Code, nor any
portion of a lot located below the ordinary high water level of a lake. No lots less than
the minimum square footage provided by the Shorewood Zoning Ordinance for the area
involved shall be authorized by this chapter except upon the granting of a variance in
accordance with the terms of this chapter.
b. Corner lots. Corner lots for residential use shall have additional
width to permit appropriate building setbacks from both streets as required in the
Zoning Ordinance.
C. Lot frontage. Every lot must have adequate frontage on a city
approved street to accommodate a driveway and required driveway setbacks, as
required in the Shorewood Zoning Ordinance.
d. Setback lines. Setback or building lines shall be shown on all lots
intended for residential use and shall not be less than the setback required by the
Shorewood Zoning Ordinance, as may be amended.
e. Lot remnants /outlots. Remnants of land below minimum lot size,
except in instances of cluster zoning, shall be added to adjacent lots rather than
remaining as unusable parcels. Outlots may be used, if they carry with it an easement
in favor of the city, for open space to guarantee that the same will not be developed for
building purposes. Outlots may also be used to set aside land to be platted at a later
time. In these cases a resubdivision sketch for the outlot shall be required. Building
permits shall not be issued for outlots or remnants.
f. Double- frontage lots. Double- frontage lots that have frontage on
two parallel streets shall not be permitted, except where lots back on arterial streets or
highways or where topographic or other conditions render subdividing otherwise
unreasonable. The double- frontage lots shall have an additional depth of at least 20
feet in order to provide space for screen planting along the rear lot line.
g. Turn around access. Where proposed residential lots abut a
collector or arterial street, they should be platted in such a manner as to encourage
turn - around access and egress on each lot.
h. Lots abutting arterial streets. In new subdivisions there shall be no
direct vehicular access from residential lots to arterial streets. Residential lots shall be
separated from arterials by a 15 foot buffer strip, which may be in the form of added
depth or width of lots backing on or siding on an arterial street right -of- way.
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Subd. 3. Political boundaries. No singular plat shall extend over a political
boundary or school district line without legal notification to and approval by affected
units of government.
Subd. 4. Streets and alleys.
a. Continuous streets. Except for cul -de -sac streets, streets shall
connect with streets already dedicated in adjoining or adjacent subdivisions, provide for
future connections to adjoining unsubdivided tracts or shall be a reasonable projection
of streets in the nearest subdivided tracts. The arrangement of arterials and collector
streets shall be considered in their relation to the reasonable circulation of traffic, to
topographic conditions, to run -off of storm water, to public convenience and safety and
in their appropriate relation to the proposed uses of the area to be served.
b. Local streets and dead -end streets. Local streets should be
planned as to discourage their use by non -local traffic. Dead -end streets are prohibited,
but cul- de -sac streets shall be permitted where topography or other physical
conditions justify their use. Cul -de -sac streets shall not be longer than 700 feet
including a terminal turn - around which shall be provided at the closed end. The
cul -de -sac shall have a right -of -way radius of not less than 50 feet.
C. Temporary cul -de -sac. In those instances where a street is
terminated pending future extension in conjunction with future subdivision, a temporary
turn - around facility shall be provided at the closed end in conformance with cul -de -sac
requirements.
d. Frontage roads. Wherever the proposed subdivision contains or is
adjacent to the right -of -way of a state highway or an arterial street, provision may be
made for a marginal access street approximately parallel and adjacent to the boundary
of the right -of -way or for a street at a distance suitable for the appropriate use of land
between the street and right -of -way. The distance shall be determined with due
consideration of the minimum distance required for lot depths.
e. Half- streets. Half- street shall be prohibited, except where essential
to the reasonable development of the subdivision and adjoining unsubdivided areas.
f. Private streets. Private streets shall be prohibited, except where
absolutely essential to the enjoyment of property rights. When permitted, private streets
shall serve no more than three lots and shall be designed to standards established by
the City Engineer.
g. Street intersections. Streets shall be laid out so as to intersect as
nearly as possible at right angles, except where topography or other conditions justify
variations. Under no conditions shall the minimum angle of intersection of streets be
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less than 80 degrees. Street intersection jogs with an offset of less than 125 feet shall
be avoided.
standards:
h. Street right -of -way width.
(1) Street right -of -way widths shall conform with following
(a) Arterial street: 100 feet;
(b) Collector street: 60 feet;
(c) Local street: 50 feet;
(2) All subdivisions incorporating streets which are identified in
the Hennepin County Thoroughfare Plan shall comply with the minimum right -of -way,
surfaced width and design standards as outlined in the plan.
i. Street grades. Except upon the recommendation of the City
Engineer, and the topography warrants a greater maximum, the grades in all streets,
thoroughfares, collector streets, local streets and alleys in any subdivision shall not be
greater than 8 %. In addition there shall be a minimum center line grade on all streets
and thoroughfares of not less than 1 %.
j. Reverse curves. Minimum design standards for collector and
arterial streets shall comply with Minnesota State Aid Standards.
k. Reserve strips. Reserve strips controlling access to streets shall be
prohibited except under conditions accepted by the City Council.
I. Street plans for future subdivisions. Where the plat to be submitted
includes only part of the tract owned or intended for development by the subdivider, a
tentative plan of a proposed future street system for the unsubdivided portion shall be
prepared and submitted by the subdivider.
M. Hardship to owners of adjoining property. Proposed street
arrangements shall not cause hardship to owners of adjoining property in platting their
own land and providing convenient access thereto.
Subd. 5. Provisions for resubdivision of large lots and parcels. When a tract is
subdivided into larger than required building lots or parcels, the lots or parcels shall be
so arranged as to permit the logical location and openings of future streets and
appropriate resubdivision with provision for adequate utility connections for the
resubdivision. Streets and utilities shall be extended to the boundary of the plat.
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Subd.6. Easements
a. Width and location. An easement for utilities at least ten feet wide
shall be provided on each side of all lot lines. If necessary for the extension of city
water or sewer lines or similar utilities, easements of greater width may be required
along lot lines or across lots.
b. Continuous utility easement locations. Utility easements shall
connect with easements established in adjoining properties. These easements, when
approved, shall not thereafter be changed without the approval of the City Council,
after a public hearing.
C. Guy wires. Additional easements for pole guys should be provided,
where appropriate, at the outside of turns. Where possible, lot lines shall be arranged
to bisect the exterior angle so that pole guys will fall along side lot lines.
Subd. 7. Erosion and sediment control.
a. Commencement of work. No filling, grading or clearing of
vegetation shall occur on the site during the processing of the plat until the final plat
has been approved by the City Council. Violation of this provision shall make the
application null and void.
b. Existing topography. The development shall conform to the natural
limitations presented by topography and soil so as to create the least potential for soil
erosion.
C. Staging. Erosion and siltation control measures shall be
coordinated with the different stages of construction. Appropriate control measures
shall be installed prior to development when necessary to control erosion.
d. Limitations on exposed ground. Land shall be developed in
increments of workable size that adequate erosion and siltation controls can be
provided as construction progresses. The smallest practical area of land shall be
exposed at any one period of time. When soil is exposed, the exposure shall be for the
shortest feasible period of time, as specified in the development agreement.
e. Removal /replacement of topsoil. Where the topsoil is removed,
sufficient arable soil shall be set aside for respreading over the developed area. Top
soil shall be restored or provided to a depth of four inches and shall be of a quality at
least equal to the soil quality prior to development.
f. Tree preservation and reforestation. Natural vegetation shall be
protected in accordance with the Shorewood Tree Preservation and Reforestation
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Policy
g. Best management practices. All erosion control measures shall be
installed according to the Minnesota Urban Small Sites Best Management Practices
Manual and the City of Shorewood Department of Public Works Standard
Specifications and Detail Plates, as may be amended.
Subd. 8. Storm drainage. All subdivision design shall incorporate adequate
provisions for storm water runoff consistent with the Shorewood Comprehensive Water
Resource Management Plan, as amended, and be subject to review and approval of
the City Engineer.
Subd. 9. Protected areas.
a. Where land proposed for subdivision is deemed environmentally
sensitive by the city because of the existence of wetlands, drainage ways, water
courses, floodprone areas or steep slopes, the design of the subdivision shall clearly
reflect all necessary measures of protection to insure against adverse environmental
impact.
b. Based upon the necessity to control and maintain certain sensitive
areas, the city shall determine whether the protection will be accomplished through lot
enlargement, redesign, conservation easement, dedication of those sensitive areas in
the form of outlots or through the use of protective covenants in Planned Unit
Developments.
C. Measures of protection shall include design solutions that allow for
construction and grading involving a minimum of alteration to sensitive areas. Where
these areas are to be incorporated into lots within the proposed subdivision, the
subdivider shall be required to demonstrate that the proposed design will not require
construction on slopes that exceed 12% or result in significant alteration to the natural
drainage system, such that adverse impacts cannot be confined within the plat
boundary.
(Am. Ord. 380, passed 2 -11 -2002)
1202.06 PUBLIC LANDS.
Subd. 1. Park dedication, land. Because a new subdivision or commercial land
development creates a need for parks, playgrounds and open space, 8% of the total
area of each new subdivision or its equivalent shall be dedicated for the use. The area
must be suitable for parks and playgrounds and shall conform to the city plan for parks
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and playgrounds within the city.
Subd. 2. Park dedication, fees. In lieu of requiring dedication of an area for parks
and playgrounds, the city, at its option, may require a developer to pay into the City
Park Fund a sum of money equivalent to 8% of the value of the raw land contained in
the proposed subdivision or commercial land development. The value of the raw land
contained in the proposed subdivision or development shall be determined by the City
Assessor; or as an alternative, the city may require the subdivider to pay into the City
Park Fund a park dedication fee as provided in § 1301.02 of this code.
(Am. Ord. 380, passed 2 -11 -2002)
1202.07 REQUIRED IMPROVEMENTS.
Subd. 1. General provisions.
a. Development agreement. Before a final plat is delivered by the city
to the subdivider, the subdivider of the land covered by the plat shall pay all applicable
fees and execute and submit to the City Council a development agreement that shall be
binding on its heirs, personal representatives and assigns, a part of which agreement
shall set forth that the subdivider will cause no private construction to be made on the
lands within the plat, nor shall the subdivider file or cause to be filed any application for
building permits for the construction until all improvements required under this chapter
have been made or arranged for in the manner and conforming to the requirements as
set forth herein.
b. Financial guarantee. Prior to the delivery of the approved final flat,
the subdivider shall deposit with the city financial security in an amount of 150% of the
City Engineer's estimated cost of the required improvements within the plat, either in a
cash escrow or letter of credit. The surety involved in the financial guarantees shall be
approved by the city. Release of the cash escrow or letter of credit shall be conditioned
upon:
(1) The making and installing of all of the improvements
required by the terms and conditions set forth by the city within one year;
(2) Satisfactory completion of the work and payment therefore,
which was undertaken by the subdivider in accordance with the developer's agreement
referred to above;
(3) The payment by the subdivider to the city of all expenses
incurred by the city, which expenses shall include, but not be limited to, expenses for
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engineering, planning, fiscal, legal, construction and administration. In instances where
a letter of credit is used in lieu of a cash escrow, the letter of credit shall be in a form
satisfactory to the city.
C. City Engineer approval. No final plat shall be approved by the
Council without first receiving a report signed by the City Engineer certifying that the
improvements described therein, together with the agreements and documents required
under this section, meet the requirements of the city.
d. Maintenance bond. The city shall require a subdivider to submit a
warranty /maintenance bond in the amount of the original cost of the improvements,
which shall be in force for two years following the final acceptance of any required
improvements and shall guarantee satisfactory performance of the improvement.
e. As -built drawings. "As- built" drawings of all required improvements
as required by the City Engineer shall be furnished to the city by the subdivider in mylar
form and electronic form at no cost to the city. The "as- built" drawings and files shall
meet format requirements of the City Engineer. The "as- built" drawings shall be
certified to be true and accurate by the registered professional engineer responsible for
the installation of the improvements.
f. Inspection /reimbursement of city expenses. All of the required
improvements to be installed under the provisions of this chapter shall approved by and
subject to the inspection of the City Engineer or designees. The City Engineer shall
assign a field representative to observe the project from initial construction through
completion and acceptance by the city. All of the city's expenses incurred as the result
of the requirement improvements shall be paid to the city by the subdivider.
Subd.2. Monuments.
a. Location of boundary monuments. Official monuments, as
designated and adopted by the Hennepin County Surveyor's Office and approved by
the Hennepin County District Court for use as judicial monuments, shall be set at each
corner or angle on the outside boundary of the final plat or in accordance with a plan as
approved by the City Engineer. The boundary line of the property to be included within
the plat shall be fully dimensioned on the plat. All angles of the boundary, excepting the
closing angle, are to be indicated on the plat and all monuments and surveyor's irons
are to be indicated on the plat. Each angle point of the boundary perimeter shall be so
monumented.
b. Location of monuments within the plat. Pipes or steel rods shall be
placed at each lot and at each intersection of street right -of -way lines. All United
States, state, county or other official bench marks, monuments or triangular stations in
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or adjacent to the property shall be preserved in precise position and shall be recorded
on the plat. All lot and block dimensions shall be shown on the plat and all necessary
angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on
the plat. No ditto marks will be permitted in indicating dimensions.
C. Second monumentation. To insure that all irons and monuments
are correctly in place following the final grading of a plat, a second monumentation
shall be required. Proof of the second monumentation shall be in the form of a
surveyor's certificate and this requirement shall additionally be a condition of certificate
of occupancy as provided for in the Shorewood Zoning Ordinance, as may be
amended. As an alternative the subdivider's surveyor may, upon approval by the City
Engineer, place official monuments within the plat after the site grading has been
completed, but no later than one year of the recording of the plat. In such cases a letter
of credit or cash escrow in form and dollar amount acceptable to the city shall be
submitted to guarantee that the monumentation will be completed.
Subd. 3. Street improvements.
a. Conformance with city standards. All street improvements shall be
designed and conform to the Minnesota Department of Transportation Road Design
Manual, Section 5- 291.523, and the City of Shorewood Department of Public Works
Standard Specifications and Detail Plates. Design and construction specifications shall
be subject to the review and approval of the City Engineer.
b. Acceptance of streets. No street within the city will be accepted as
a public street, except under the following conditions:
(1) The final bituminous wear course shall not be placed until
the time as the approved bituminous base course has been placed and has sustained
one full winter and spring season. Prior to placement of the wearing surface, the
Developer shall obtain written approval by the City Engineer. Failure to obtain the
approval shall result in removal and replacement of the wearing surface at no expense
to the city;
(2) The Developer shall be responsible for all snowplowing,
sanding and maintenance of all roadways within a proposed subdivision until the time
as the final lift of bituminous wearing course has been placed, the City Engineer has
reviewed and recommended acceptance by the city, and City Council has accepted the
project, pursuant to inspections;
(3) The street will not be accepted until the Council has
received a recommendation from the City Engineer that this street is in good condition
and not breaking up or deteriorating in any way. Upon receipt of the recommendation,
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the Council will consider a resolution accepting the street as a public street for
snowplowing and maintenance.
C. Boulevards. Boulevards shall be uniformly finished to match the top
of the curb and sodded or seeded to present a finished appearance.
Subd. 4. Community facilities improvements.
a. Sanitary sewer system. Municipal sanitary sewer facilities shall be
provided for all proposed subdivisions and all lots within the subdivision shall be served
by the municipal sanitary sewer system.
b. Water system. Where the city determines it is technically and
financially feasible, municipal water service facilities shall be provided for all proposed
subdivisions containing more than three lots and all lots within the subdivision shall be
served by the municipal water system.
Subd. 5. Semi - public utilities. Telephone, cable television, electric and gas service
shall be installed underground in accordance with the provisions of all applicable city
ordinances.
Subd. 6. Election by city to install improvements. In accordance with city policy, it is
the subdivider's responsibility to install all required improvements. Pursuant to city
policy the subdivider may petition the city for the installation of required improvements.
The city reserves the right to elect to install all or any part of the improvements required
under the provisions of this chapter in lieu of requiring the subdivider to install the
improvements, pursuant to M.S. Chapter 429, as amended.
(Am. Ord. 380, passed 2 -11 -2002)
1202.08 NON - PLATTED SUBDIVISIONS
Subd. 1. Registered land surveys. It is the intention of this chapter that all
registered land surveys in the city should be presented to the Planning Commission in
the form of a preliminary plat in accordance with the standards set forth in this chapter
for preliminary plats. The Planning Commission shall first recommend the arrangement,
sizes and the relationships of proposed tracts in the registered land surveys, and tracts
to be used as easements or roads should be so dedicated. Unless a recommendation
and approval have been obtained from the Planning Commission and City Council
respectively, in accordance with the standards set forth in this chapter, building permits
will be withheld for buildings on tracts that have been so subdivided by registered land
surveys, and the city may refuse to take over tracts as streets or roads or to improve,
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repair or maintain any tracts unless so approved.
Subd. 2. Minor subdivision and lot combination.
a. Application. This subdivision shall apply to the following
applications:
(1) Requests to divide a portion of a lot or lots where the
division is to permit the adding of a parcel of land to an abutting lot or lots so that no
additional lots are created and all new lots conform to the Zoning Code minimum lot
size standards;
(2) Requests to combine two existing platted lots or lots of
record in the R -ID zoning district:
(a) Of which one or both lots are nonconforming due to
insufficient lot size, width or depth; and
(b) That results in a single lot that is not greater in area
than 125% of the minimum lot size for the R -ID zoning district;
(3) Requests to divide a lot from a larger tract of land thereby
creating no more than two lots, each of which meet the minimum size and area
requirements for the zoning district in which the property is located. In the R -1 D,
Single - Family Residential zoning district, as provided for in the Shorewood Zoning
Code, neither lot may be greater than 125% of the minimum lot size for the zoning
district. To qualify, neither of the lots resulting from the division may be capable of
being further divided. Nor may the property have been part of a previous minor
subdivision or metes and bounds conveyance since 1985;
(4) Requests to divide a base lot, as defined by the Shorewood
Zoning Code, upon which has been constructed a two - family dwelling, townhouse or
quadraminium, where the division is to permit individual private ownership of a single
dwelling unit within the structure and the newly created property lines will not cause
any of the unit lots, as defined by the Shorewood Zoning Code, or the structure to be in
violation of this chapter, the Zoning Code or the State Building Code.
b. Data requirement for minor subdivision or lot combination.
(1) Certificate of survey. The requested minor subdivision shall
be prepared in the form of a certificate of survey by a registered land surveyor.
(2) Property description and submission information. The data
and supportive information detailing the proposed subdivision shall be the same as
required for a preliminary plat as set forth in § 1202.04, Subd. 2. of this chapter. The
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Zoning Administrator may exempt the subdivider from certain of the informational
requirements.
(3) Proposed legal descriptions /drainage utility easements. The
subdivider's registered land surveyor shall prepare legal descriptions for the proposed
new lots, any street right -of -way or conservation easements that may be required as
part of the minor subdivision approval, and for drainage and utility easements, ten feet
on each side of each lot line. Additional easement width may be required based upon
the recommendation of the City Engineer.
(4) Proof of ownership. Prior to release of a Council resolution
approving a minor subdivision, the subdivider shall submit an up -to -date from within the
last 30 days title opinion for review and approval by the City Attorney.
(5) Deeds for easements and street right -of -way. Prior to
release of a Council resolution approving a minor subdivision, the subdivider shall
submit deeds in favor of the city for any easements or public right -of -way that may be
required as part of the minor division.
C. Minor subdivision or lot combination procedure. The procedure for
considering a minor subdivision or lot combination as described in Subd. 2.a., above
shall be as follows:
(1) The subdivider shall schedule a meeting with the Zoning
Administrator to determine whether the application qualifies as a minor subdivision as
described in Subd. 2.a., above. A lot combination, as described in Subd. 2.a., above,
may be approved for recording with the Hennepin County Recorder by the Zoning
Administrator;
(2) The subdivider must submit an application, all required
information and a fee as required in Chapter 1301 of the Shorewood City Code by the
first Tuesday of any given month in order to be placed on the Planning Commission
agenda for the first Tuesday of the following month;
(3) The Zoning Administrator shall refer the application to all
appropriate city staff for review and comment;
(4) The application and any reports prepared by city staff shall
be considered at a regular meeting of the Planning Commission at which the subdivider
shall be present to answer questions concerning the proposed subdivision;
(5) The Planning Commission shall make its recommendation to
the City Council within 60 days of the date of the Planning Commission meeting at
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which the application is first considered;
(6) Upon receipt of the application, any reports prepared by city
staff, and the Planning Commission's recommendation, the City Council shall take
action within 45 days of the date of the Council meeting at which the application is first
considered. Approval of the application requires a simple majority vote of the full City
Council;
(7) The subdivider must record the minor subdivision, and any
required deeds for easements or street right -of -way with the Hennepin County
Recorder within 30 days of the date it receives the resolution approving the
subdivision. Failure to record the subdivision within 30 days shall void the approval. No
building permits shall be issued for new lots until the subdivider has provided proof of
recording.
(Am. Ord. 380, passed 2 -11 -2002)
1202.09 VARIANCES AND APPEALS.
Subd. 1. Findings. The Planning Commission may recommend a variance from the
minimum standards of this chapter, but not procedural provisions, when in its opinion,
undue hardship may result from strict compliance. In recommending any variance, the
Commission shall prescribe any conditions that it deem necessary to or desirable for
the public interest. In making its recommendations, the Planning Commission shall take
into account the nature of the proposed use of land and the existing use of land in the
vicinity, the number of persons to reside or work in the proposed subdivision and the
probable effect of the proposed subdivision upon traffic conditions in the vicinity. A
variance shall only be recommended when the Planning Commission finds:
a. There are special and highly unique circumstances or conditions
affecting the property that are not common to other properties in the city and that the
strict application of the provisions of this chapter would deprive the applicant of the
reasonable and minimum use of its land;
b. That the granting of the variance will not be detrimental to the
public health or welfare or injurious to other property in the vicinity in which the property
is situated;
C. That the variance is to correct inequities resulting from an extreme
hardship limited to topography, soils or other physical factors of the land.
d. After consideration of the Planning Commission recommendations,
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the City Council may grant variances, subject to a, b, and c, above.
Subd. 2. Variance application procedures.
a. Procedure.
(1) Application. Appeals or requests for variances, as provided
within this chapter, shall be filed with the Zoning Administrator on an official application
form. The application shall be accompanied by a fee as established by City Code §
1301.03. 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.
(2) Staff review /technical assistance reports. Upon receipt of an
application for appeal or variance, the Zoning Administrator shall, when deemed
necessary, refer the request to appropriate staff to insure that informational
requirements are complied with. When all informational requirements have been
complied with, the request shall be considered officially submitted. Also, when deemed
necessary, the Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports and /or provide general assistance in preparing a
recommendation on the request to the Planning Commission and City Council.
(3) Public hearing. Upon official submission of the request, the
Zoning Administrator shall set a public hearing on the request for the next regularly
scheduled Planning Commission meeting occurring at least ten days from the date as a
notice of the hearing is published in the official newspaper. The notice shall contain a
legal property description, a description of the request, and shall be published no more
than 30 days and no less than ten days prior to the hearing. Written notification of the
hearing shall also be mailed at least ten days prior to the date of the hearing to all
owners of land within 500 feet of the boundary of the property in question. Failure of a
property owner to receive the notice shall not invalidate any proceedings as set forth
within this chapter.
(4) Planning Commission action. The Planning Commission
shall conduct the public hearing, at which time the applicant or a representative thereof
shall be present to answer questions concerning the proposed request.
(a) The Planning Commission shall consider possible
adverse effects of the appeal or variance. In the case of a variance request, the
Planning Commission's judgment shall be based upon (but not limited to) the conditions
set forth in Subd. 1 above.
(b) The Planning Commission and city staff shall have
the authority to request any additional information from the applicant deemed
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necessary to establish performance conditions pertaining to the request
(c) The Planning Commission shall make a finding of fact
and recommend the actions or conditions relating to the request as they deem
necessary to carry out the intent and purpose of this chapter. The recommendation
shall be in writing and accompanied by any report and recommendation of the city staff.
The written recommendation of the Planning Commission shall be forwarded to the
Zoning Administrator for referral to the City Council within 60 days of the opening of the
public hearing.
(5) Referral to City Council. Upon receipt of the Planning
Commission report and recommendation, or within 60 days of the opening of the public
hearing by the Planning Commission, the Zoning Administrator shall place the request
and any report or recommendation on the agenda of the next regularly scheduled
meeting of the City Council.
(6) City Council action. Upon receiving the request and any
report or recommendation of the Planning Commission and the city staff, the City
Council shall have the option to set and hold a public hearing if deemed necessary and
shall make a recorded finding of fact.
(a) Approval of a request shall require passage by a
simple majority vote of the full City Council.
(b) The Council may impose any condition it considers
necessary to protect the public health, safety and welfare.
(c) Whenever an application for a variance has been
considered and denied by the City Council, a similar application for the variance
affecting substantially the same property shall not be considered again by the Planning
Commission or City Council for at least six months from the date of its denial; and a
subsequent application affecting substantially the same property shall likewise not be
considered again by the Planning Commission or City Council for an additional six
months from the date of the second denial, unless a decision to reconsider the matter is
made by not less than a simple majority vote of the full City Council.
(d) The City Council serving as the Board of Adjustment
and Appeals shall, after receiving the written report and recommendation of the
Planning Commission and the city staff, make a finding of fact and make a decision on
appeals where it is alleged by the appellant that an error has occurred in any order,
requirement, decision or determination made by the Zoning Administrator in the
enforcement of this chapter. However, the appeal shall be filed not later than 90 days
after the applicant has received a written notice from the Zoning Administrator or the
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appeal shall be considered void.
(Am. Ord. 380, passed 2 -11 -2002; Am. Ord. 550, passed - -2018)
1202.10 VIOLATIONS AND PENALTY.
Subd. 1. Misrepresentation as to construction, supervision, or inspection of
improvements. It shall be unlawful for any person, firm or corporation owning an
addition or subdivision of land within the city to represent that any improvement upon
any of the streets, alleys or avenues of the addition or subdivision or any sewer in the
addition or subdivision has been constructed according to the plans and specifications
approved by the City Council or has been supervised or inspected by the city, when the
improvements have not been so constructed, supervised or inspected.
Subd. 2. Penalty. Anyone violating any of the provisions of this chapter shall be
guilty of a misdemeanor punishable by a fine and imprisonment as provided in state
statutes.
(Am. Ord. 380, passed 2 -11 -2002) Penalty, see § 104.01
Subject
Chapter
License, Permit, Service Charges and
Miscellaneous Fees
1301
CHAPTER 1301
LICENSE, PERMIT, SERVICE CHARGES AND
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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; Am. Ord. 556, passed 3 -26 -2018; Am. Ord. 563, passed
3 -25 -2019)
1301.03 LAND USE FEES.
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LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee
City Code
Charge /Fee
Reference
VI. Building, Zoning, Land Use*
Comprehensive plan
amendment
Pre - application
$200
Formal application
$800 plus $1,000 escrow
Conditional use permit
1201.04
Residential
$400
Non - residential
$500 plus $1,000 escrow
Fence permit
1201.03
$20
Interim use permit
1201.04
Residential
$400
Non - residential
$500 plus $1,000 escrow
Planned unit development
Concept stage
1201.25
$500 plus $1,000 escrow
Development stage
1201.25
$700 plus $1,000 escrow
Final stage
1201.25
$500 plus $1,000 escrow
By conditional use
1201.06
$500 plus $1,000 escrow
permit
Sign permits
1201.03.11(f)
Temporary
$20
Permanent
1997 U.B.C. Table 1 -A
Site plan review
1201.03
$200 plus $1,000 escrow
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LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee
City Code
Charge /Fee
Reference
Subdivision sketch plan
1202.03
$200
review
Subdivision (minor
1202.03
$500 plus $500 escrow
subdivision)
Subdivision (preliminary
1202.03
$600 plus $25 /lot plus an
plat)
escrow deposit as follows-
$1,000
5 or fewer lots
$3,000
Over 5 lots
Subdivision (final plat)
1202.03
$500 plus $25 /lot plus an
escrow deposit as follows-
or fewer lots
$1,000
$1,000
Over 5 lots
$2,000
Traffic studies when
Multiple
Escrow for estimated cost of
required as part of another
study to be completed by the
application
City's consulting engineers
plus $500
Variances
1201.05,
Residential
1201.09
$400
Non - residential
$500
Zoning amendment (Text or
1201.04
$600 plus $1,000 escrow
Map)
Zoning permits
1201.07
$20
Park dedication (cash in
1202.07
$6,500 /dwelling unit or 8% of
lieu of land)
raw land value
Extension of plat approval
1202.03
$200
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LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee City Code Charge /Fee
Reference
Note: Base fees are non - refundable. Escrow deposits are to cover consulting
engineer, attorney, and other consultant 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.
Applications with more than one required escrow account shall be required to
submit the escrow based on the highest required escrow amount.
(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; Am. Ord 550, passed -
-2018)
References to Minnesota State Statutes
References to Minnesota Rules
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References to Minnesota Regulations
References to 1987 Code of Ordinances
References to Ordinances
REFERENCES TO MINNESOTA STATE STATUTES
M.S. Section
Code Section
Ch. 12
602.01, 602.08
Ch. 13
105.06, 303.02
15.73, Subd. 3
901.01
16B.59- 16B.75
1001.02, 1001.03
1613.62, Subd. 1
1001.04, 1001.05
1613.65, Subd. 1
1001.04
1613.69
1001.06
1613.70
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
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M.S. Section
Code Section
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
16813.01
604.04
Ch. 169
604.04, 610.01, 611.05
169.01
902.04
169.011, Subd. 86
610.02
Chs. 200 -212
106.01
211 B.045
1201.03
21613.02
901.01
21613.02, Subd. 4
901.01
21613.02, Subd. 6
901.01
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M.S. Section
Code Section
Ch. 216D
901.28
216D.01 —.09
901.08, 901.20, 901.28
216D.04, Subd. 3
901.01
237.16
901.01
237.79
901.01
237.81
901.01
237.162
901.01, 901.11
237.162, Subd. 4
901.01
237.163
901.01, 901.11
237.163, Subd. 2(b)
901.01
Ch. 238
901.01
238.086
901.01
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, 901.04
299F.011, Subd. 4
607.04
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M.S. Section
Code Section
299F.011, Subd.
6
607.05
300.06
901.06
Ch. 308A
901.01
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, 401.07
340A.404, Subd.
5
401.05, 401.07
340A.411
401.05
340A.412, Subd.
14
401.03
340A.413, Subd.
4
401.07
340A.414
401.18
340A.419
401.05
340A.504
401.17, 401.18
340A.504, Subd.
7
401.05
340A.801
401.15
340A.802
401.09
343.21
705.02
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M.S. Section
Code Section
343.40
701.19
343.50
701.02
343.53
701.16
Ch. 349
301.01, 301.02, 301.03
349.11- 349.23
301.06, 301.07
349.166
301.09
349.12
301.04
349.213
301.03
Ch. 361
501.06
Ch. 363
204.01
364.03
312.09, 312.12
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
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M.S. Section
Code Section
Ch.
453
901.01
Ch.
453A
901.01
Ch.
462
901.17, 1101.01, 1201.05
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.
1c
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
466.04
901.06
471.195
502.06
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M.S. Section
Code Section
463.17
502.02
Ch.
474
108.01
474.01(7)
108.04
474.02
108.02
Ch.
505
1202.02
505.03
1202.04
514.67
104.03, 501.08
Ch.
515
1201.25
515.01-
515.19
1201.02
609.02
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
609.725
506.02
609.725
603.03
617.23
506.02
617.246
506.02
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M.S. Section
Code Section
617.247
506.02
617.293
506.02
624.20
312.01, 312.02, 603.05
626.862
104.02
645.11
901.23
4725.4350
1101.08
REFERENCES TO MINNESOTA RULES
Minn. Rules Section
Code Section
Ch. 1306
1001.03
Ch. 1335
1001.03
Ch. 1335, parts
1335.0600- 1335.1200
1001.03
Ch. 1510
608.11
Part 4720.0350
1004.04
4725.4350
1101.08
Ch. 4761
1004.04
6100.5700, subp. 5
611.04
Ch. 6120, parts
6120.2500- 6120.3900
1201.02
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Minn. Rules Section
Code Section
6120.3400
904.06
Part 6216.0250
902.08
Ch. 7009
1201.03
Ch. 7011
1201.03
Ch. 7017
1201.03
Ch. 7019
1201.03
Ch. 7030
501.05, 1201.03, 1201.23,
1201.24
7080.2270
1101.08
Ch. 7560
901.08, 901.11, 901.28
7560.0150, subp. 2
901.17
Ch. 7819
901.28
7819.0050- 7819.9950
901.01
7819.1000, subd. 3
901.07
7819.1100
901.11
7819.1250
901.25
7819.1300
901.21
7819.3100
901.19
7819.3200
901.23
7819.4000
901.17
7819.4100
901.17
7819.5000
American Leaal
901.11, 901.19
Publishina Cora.
665
Shorewood, MN Code of Ordinances
Minn. Rules Section
Code Section
6120.2500- 6120.3900
1201.26
7819.5100
901.19
Chs. 8200 -8255
106.01
8800.1200
1201.03
8800.2800
1201.03
Ch. 9100
705.06
REFERENCES TO MINNESOTA REGULATIONS
Minn. Reg. Section
Code Section
6120.2500- 6120.3900
1201.26
Ch. 1340
1201.26
REFERENCES TO 1987 CODE OF ORDINANCES
1987 Code Section
2004 Code Section
102.02
102.02
102.03
102.03
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1987 Code Section
2004 Code Section
105.01
105.01
105.02
105.02
105.03
105.03
105.04
105.04
107.01
107.01
109.01
109.01
109.02
109.02
109.03
109.03
201.01
201.01
201.02
201.02
201.03
201.03
201.04
201.04, 201.07
201.05
201.08
202.01
202.01
202.02
202.02
202.03
202.03
202.04
202.04
204.01
204.01
204.02
204.02
204.03
204.03
204.04
204.04
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1987 Code Section
2004 Code Section
204.05
204.05
204.06
204.06
301.01
301.01
302.02
302.02
302.03
302.03
302.04
302.04
302.05
302.05
302.06
302.06
302.07
302.07
302.08
302.08
302.09
302.09
302.10
302.10
302.11
302.11
302.12
302.12
302.13
302.13
302.14
302.14
304.01
304.01
304.02
304.02
304.03
304.03
304.04
304.04
304.05
304.05
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1987 Code Section
2004 Code Section
304.06
304.06
304.07
304.07
304.08
304.08
304.09
304.09
305.01
305.01
305.02
305.02
305.03
305.03
305.04
305.04
306.01
306.01
306.02
306.02
306.03
306.03
306.04
306.04
306.05
306.05
306.06
306.06
306.07
306.07
306.08
306.08
306.09
306.09
308.01
308.01
308.02
308.02
308.03
308.03
308.04
308.04
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1987 Code Section
2004 Code Section
308.05
308.05
308.06
308.06
308.07
308.07
308.08
308.08
308.09
308.09
308.10
308.10
308.11
308.11
308.12
308.12
308.13
308.13
309.01
309.01
309.02
309.02
309.03
309.03
309.04
309.04
309.05
309.05
309.06
309.06
310.01
310.01
310.02
310.02
310.03
310.03
310.04
310.04
310.05
310.05
310.06
310.06
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1987 Code Section
2004 Code Section
501.02
609.01- 609.05
503.01
502.01
503.02
502.02
503.03
502.03
503.04
502.04
503.05
502.05
503.07
502.07
503.08
502.08
507.01
503.01
507.02
503.02
507.03
503.03
507.04
503.04
507.05
503.05
507.06
503.06
507.07
503.07
507.08
503.08
507.09
503.09
507.10
503.10
509.01
504.01
509.02
504.02
509.03
504.03
American Legal Publishing Corp. 671
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
509.04
504.04
509.05
504.05
509.06
504.06
601.01
601.01
601.02
601.02
601.03
601.03
601.04
601.04
601.05
601.05
601.06
601.06
601.07
601.07
602.01
602.01
602.02
602.02
602.03
602.03
602.04
602.04
602.05
602.05
602.06
602.06
602.07
602.07
602.08
602.08
602.09
602.09
603.01
603.01
603.02
603.02
American Legal Publishing Corp. 672
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
603.03
603.03
603.04
603.04
603.05
603.05
603.06
603.06
603.07
603.07
603.08
603.08
603.09
603.09
603.10
603.10
604.01
604.01
604.02
604.02
604.03
604.03
604.04
604.04
604.05
604.05
604.06
604.06
605.01
605.01
605.02
605.02
605.03
605.03
702.01
702.01
702.02
702.02
702.03
702.03
702.04
702.04
American Legal Publishing Corp. 673
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
702.05
702.05
702.06
702.06
702.07
702.07
702.08
702.08
702.09
702.09
702.10
702.10
703.01
703.01
703.02
703.02
703.03
703.03
703.04
703.04
703.05
703.05
801.01
610.01
801.02
610.02
801.04
610.03
801.04
610.04
801.05
610.05
801.06
610.06
801.07
610.07
801.08
610.08
801.09
610.09
801.10
610.10
American Legal Publishing Corp. 674
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
802.01
611.01
802.02
611.02
802.03
611.03
802.04
611.04
802.05
611.05
802.06
611.06
802.07
611.07
802.08
611.08
802.09
611.09
802.10
611.10
902.01
902.01
902.02
902.02
902.03
902.03
902.04
902.04
902.05
902.05
902.06
902.06
902.07
902.07
902.08
902.09
902.09
902.10
902.10
902.11
904.01
904.01
American Legal Publishing Corp. 675
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
904.02
904.02
904.03
904.03
904.04
904.04
904.05
904.05
904.06
904.06
904.07
904.07
904.08
904.08
904.09
904.09
904.10
904.10
904.11
904.11
904.12
904.12
904.13
904.13
904.14
904.14
904.15
904.15
904.16
904.16
904.17
904.17
904.18
904.18
904.19
904.19
905.01
905.01
905.02
905.02
905.03
905.03
American Legal Publishing Corp. 676
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
905.04
905.04
905.05
905.05
905.06
905.06
905.07
905.07
905.08
905.08
905.09
905.09
906.01
906.01
906.02
906.02
906.03
906.03
906.04
906.04
906.05
906.05
1002.01
1002.01
1002.02
1002.02
1002.03
1002.03
1002.04
1002.04
1002.05
1002.05
1002.06
1002.06
1002.07
1002.07
1002.08
1002.08
1002.09
1002.09
1003.01
1003.01
American Legal Publishing Corp. 677
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
1003.02
1003.02
1003.03
1003.03
1003.04
1003.04
1003.05
1003.05
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
American Legal Publishing Corp. 678
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
1103.01
1103.01
1103.02
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
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
American Legal Publishing Corp. 679
Shorewood, MN Code of Ordinances
1987 Code Section
2004 Code Section
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
9 -12 -1960
1003.01- 1003.02, 1003.04, 1003.05
REFERENCES TO ORDINANCES
Ord. No.
Date Passed
Code Section
5
7 -17 -1956
603.03, 603.06, 603.08, 603.09
12
8 -14 -1956
109.02, 902.06
16
12 -14 -1957
303.05
20
9 -16 -1958
603.06
28
9 -12 -1960
1003.01- 1003.02, 1003.04, 1003.05
29
2 -13 -1961
304.04, 304.05, 304.08, 304.09
45
8 -9 -1965
107.01
53
1 -22 -1968
610.03, 610.05, 610.08, 610.10
American Legal Publishing Corp. 680
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
56
9 -8 -1969
304.09, 603.09, 610.10, 1003.05
62
6 -17 -1971
204.03, 204.06
64
5 -8 -1972
904.02, 904.03, 904.06- 904.08,
904.10, 904.14, 904.17, 904.19
68
2 -12 -1973
904.03, 904.15
70
3 -12 -1973
1102.04, 1102.06
72
6 -4 -1973
502.02, 502.07
77
9 -24 -1973
201.04
78
2 -11 -1974
610.01
80
8 -26 -74
904.15
84
6 -23 -1975
202.01- 202.04
92
5 -9 -77
105.04
93
6 -13 -1977
305.01, 305.03
96
9 -12 -1977
702.10
100
7 -10 -1978
703.02, 703.05
101
8 -14 -1978
505.04
102
8 -14 -1978
202.03
117
- -1980
108.09
118
3 -31 -1980
904.15
119
3 -31 -1980
609.01- 609.05
120
5 -12 -1980
904.07
American Legal Publishing Corp. 681
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
123
10 -6 -1980
902.06
127
8 -24 -1981
610.02
132
4 -11 -1983
1002.02
132
9 -27 -1982
610.04
139
1 -24 -1983
604.05
140
2 -14 -1983
902.02, 902.03, 902.05, 902.06, 902.11
143
4 -11 -1983
1002.02, 1002.09
147
8 -8 -1983
610.07
155
1 -9 -1984
703.02, 703.03
162
1 -28 -1985
306.09
163
2 -11 -1985
610.09
164
3 -11 -1985
902.05
168
6 -24 -1985
1201.03
171
8 -12 -1985
1201.03
176
1 -27 -1986
503.08
179
2 -24 -1986
610.09
180
5 -19 -1986
1201.02, 1201.03, 1201.10- 1201.17,
1201.19, 1201.23- 1201.25
182
7 -14 -1986
601.05, 601.06
186
6 -23 -1986
610.02
187
11 -10 -1986
605.03
188
11 -24 -1986
1201.03
American Legal Publishing Corp. 682
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
189
11 -24 -1986
1201.23
192
11 -22 -1986
1201.23
200
9 -14 -1987
603.10
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
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
American Legal Publishing Corp. 683
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
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
American Legal Publishing Corp. 684
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
American Legal Publishing Corp. 685
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
323
10 -26 -1997
1201.03
324
10 -27 -1997
1103.03
328
12 -15 -1997
1301.03
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
American Legal Publishing Corp. 686
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
379
2 -11
-2002
1201.03
380
2 -11
-2002
1202.01- 1202.10
381
2 -25
-2002
610.06
382
3 -25
-2002
1201.26
383
3 -25
-2002
1201.04, 1201.05
American Legal Publishing Corp. 687
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
American Legal Publishing Corp. 688
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
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
American Legal Publishing Corp. 689
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
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
American Legal Publishing Corp. 690
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
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
American Legal Publishing Corp. 691
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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, 308.04308.06, 308.08,
308.11, 308.12
485
11 -14 -2011
1201.02, 1201.05
486
11 -14 -2011
110.01- 110.06
487
11 -28 -2011
1201.02, 1201.03
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
American Legal Publishing Corp. 692
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
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
American Legal Publishing Corp. 693
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
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
542
7 -24 -2017
1201.02, 1201.03
543
7 -24 -2017
610.02
544
--2017
1201.02, 1201.03
545
8 -28 -2017
Adopting Ordinance
546
--2017
1004.01- 1004.07
547
--2018
1201.05
550
--2018
1201.04, 1201.05, 1201.25, 1202.03,
1202.09, 1301.03
551
--2018
104.03
American Legal Publishing Corp. 694
Shorewood, MN Code of Ordinances
Ord. No.
Date Passed
Code Section
552
--2018
901.01- 901.30
554
2 -26 -2018
401.03, 401.05- 401.07, 401.09- 401.11,
401.13, 401.15, 401.17, 401.22
555
3 -26 -2018
401.13
556
3 -26 -2018
1301.02
557
6 -25 -2018
1201.22
558
6 -25 -2018
302.06
561
7 -23 -2018
Adopting Ordinance
563
3 -25 -2019
1301.02
American Legal Publishing Corp. 695