1973 Ord 68-77Affidavit of Publication
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68
AN ORDINANCE ESTABLISHING
RULES, RATES AND CHARGES
FOR SANITARY SEWER SERVICE
IN THE VILLAGE OF SHORE -
WOOD, HENNEPIN COUNTY,
MINNESOTA.
The Village Council of the Village
of Shorewood does ordain as fol.
lows:
Section 1. Definitions - Unless the
language clearly indicates that a dif-
ferent meaning is Intended, the fol-
lowing terms and phrases shall be
given the meaning set out below for
the purposes of this ordinance:
A. "Normal Sewage" - Is water -car-
ried waste products from resi-
dences, public buildings, business-
es, schools, or any other building
or structures including the excre-
mentitious or other discharge
from human beings or animals,
together with such ground water
Infiltration as may be present.
Section 2. Rates - The following'
rates and charges for use and services
of the sanitary sewer system are
hereby established, such charges and
rates to be made against each lot,
parcel or land, unit or premises
which may have a connection direct-
ly or indirectly into the village sani-
tary sewer system and which dis-
charges only normal sewage into
such system:
A. Minimum Charges - The minimum
quarterly charge, whether use of
is water is metered or not, Shall be
as follows: For each business,
plant, institution, or similar unit
$15.00. For each school ...
$15.00. For each residence, resi-
dence unit, or other unit . . .
$15.00.
B. Metered Flow Charges - For all
premises where the rate is to b
based upon metered use of water
the rate shall be $15.00 for the
first 10,000 gallons used per
quarter. In addition to the mini-
mum quantity charge the user
shall pay .60¢ per 1000 gallons
used per quarter in excess of the
above tabulated minimum Quanti-
ties.
Section 3. Metering Water Supply in
Lieu or Flat Charge - A meter re-
cording the' use of water may be in-
stalled on any non - residential lot,
parcel, premises or unit enumerated
In Section 2 of this ordinance and
thereafter the rate shall be, based
upon such use of water. The Village
Council may, by resolution, require
and order the installation of such
meter on any such lot, parcel, pre-
mises or unit or class thereof where
It shall determine that the afore-
mentioned flat charges are impracti-
cal to apply, or result in inequitable
charges because insufficient or ex-
cessive; and thereafter the rate shall
be based upon such use of water.
Section 4. Installation of Meter -
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 con-
dition at all times, such installation
nd maintenance to be without ex-
nse to the Village, Any such meter
all be of a type approved by the
Village Council, and shall accurately
measure all water received on the
premises. Installation of and main-
tenance of such meter shall be made
in accordance with the plumbing reg-
ulations of this Village.
Section 5. Water Used Not Entering
Sewer System - If the lot, parcel of
land, or premises discharges normal
sewage or industrial waste into the
).
V
sanitary sewerage system, either di-
rectly or indirectly, and it can be
shown to the satisfaction of the Vil-
lage Council that a portion of the
water measured by the water meter
does not and cannot enter the sani-
tary sewerage system, then, and in
that event, the Village Council may
permit or require the installation of
other or additional meters In such a
manner that the quantity of water
which actually could enter the sewer
system may be determined. In such
case the charges or rates shall be bas-
ed upon the amount of water which
can enter the sanitary sewage system.
Section 6. Supply Information - The
owner, occupant, or person in charge
of any premises shall supply the Vil-
lage with such information as the
Village may reasonably require relat-
ed to use of water, use of sewer, or
sewer rates. Willful failure to provide
such information or willful falsifica-
tion of such information shall con-
stitute a violation of this ordinance,
as shall willful failure to comply with
any requirement or order issued pur-
suant to this ordinance.
Section 7. Estimated Bills - The
owner, occupant, or person in charge
of any premises shall fail or refuse to
provide information as provided in
Section 6 hereof, or shall fail or re-
fuse to comply with any require-
ment of this ordinance, the proper
charge for such premises shall be
estimated and billed in accordance
with such estimate.
Section 8. Beginning Service - For a
fraction of a quarter the charges
and rates for non - rhetered units shall
be based upon the amount of the es-
tablished flat charge. provided, how-
ever, that the actual month of begin-
ning shall be considered as having be-
gun on the first or the fifteenth of
the month, whichever is closer.
Section 9. Billing - Bills for charges
for the use and service of the sewage
system shall be made out by the
Village or its agents in accordance
with usual and customary general
billing practices. All bills shall be
Payable to the Village of Shorewood.
Bills shall be rendered quarterly.
Section 10. Collections - All bills
shall be due and payable when ren-
dered. If payment is not made within
30 days of mailing of the bill a penal-
ty of 10% or 50 cents, whichever is
greater, shall be added to the amount
due on such bill. When a charge is
more than 45 days past due civil ac-
tion may be begun on behalf of the
Village for the collection of said
sewage service charge, and if such
charge is not paid within 60 days
after due the said unpaid charge plus
penalty may be certified to the
county auditor with the taxes against
said property and shall be collected
with other taxes on such property.
Section 11. All revenues derived
from these rates and charges shall be
credited to the Sewer Operating
Fund. Such revenue shall be used
only for the purpose of paying the
cost of operating and maintaining
the sewage system, paying charges
made by the Metropolitan Sewer
Board, providing an adequate depre-
ciation fund, paying'costs of meter -
reading, billing, collection, and other
similar or related sewer operating ex.
penses. If the rates and charges pre-
scribed herein do not produce a net
revenue sufficient to permit pay-
ment of the purposes for which es.
tablished, the rates and charges pro-
vided herein shall be adjusted from
time to time to permit the accumula-
tion of net revenues equal to the
charges and expenses of operating
the sanitary sewer system.
Section 12. Violations - Any person
firm or corporation violating any t
the provisions of this ordinanc
shall upon conviction thereof, 6
Punished by a fine of not to excee
$300.00 or by imprisonment for n(
to exceed 90 days.
Section 13. This ordinance shall tak
effect and be in force from and aft
Its passage and publication.
Passed by the Council of the Villag
of Shorewood this 12th day of Fel
ruary, 1973.
Thomas E. Holloran, Mayor
ATTEST:
Elsa Wiltsey, Clerk
Publish March 7, 1973
Affidavit of Publication
(OFFICIAL PUBLICATION)
ORDINANCE NO. 69
AN ORDINANCE TO AMEND OR-
DINANCE NO. 8 FOR THE PUR-
POSE OF PROMOTING HEALTH,
SAFETY, ORDER, CONVENIENCE
AND GENERAL WELFARE, BY
REGULATING THE USE OF
LAND, THE LOCATION AND USE
OF BUILDINGS AND STRUC-
TURES ON LOTS IN THE VIL-
LAGE OF SHOREWOOD, MINN-
ESOTA.
The Village Council of the Village of
Shorewood ordains:
SECTION 1. That Section 2, Sub-
division (b), Commercial District,
Paragraph (3) of Ordinance No. 8 be
and hereby Is amended to read as
follows:
In Section 34: The South 208.9
feet of Lot 170, the South 185
feet of Lot 171, including one -
half of the ad)acent vacated
street, Lots 172, 173, 289, 291
and 305 and the vacated road ad-
Joining same, all in Auditors Sub-
division Number 135, Hennepin
County, Minnesota, also Lots 13,
14 and 15, Linden Park.
SECTION 2. That this Ordinance
shall take effect from and after its
passage and publication.
Passed by the Council this 12th
day of March, 1973.
ATTEST:
/s/ Thomss E. Holloran, Mayor
/s/ Elsa Wiltsey, Clerk
Pybllsh: March 14, 1973
(OFFICIAL. PUBLICATION)
ORDINANCE NO. 70
AN ORDINANCE RELATING TO
LOW LANDS, MARSHES, WET-
LAND AND LANDS ADJOINING
MEANDERED LAKES AND WAT-
ER COURSES REGULATING DE-
VELOPMENT OF SUCH LANDS
AND PROVIDING FOR THE IS-
SUANCE OF PERMITS THERE-
FORE.
The Village Council of the Village
of Shorewood do ordain:
SECTION 1 - STATEMENT OF
POLICY
The Village 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, and a
portion of Lake Virginia, and Galpin
Lake together with numerous inlets,
harbors, bays, wetlands, woods, and
valleys. The name of this vi lage de-
notes Its character -- a vi age of
shore land, water and wood -- nat-
ural assets its citizens hold Jin 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 low lands,
marshes, wetlands, swamps, lakes
and water courses within the Village
of Shorewood.
Recognizing the obligation to
protect these assets and natural re-
source gifts from destruction and
pollution of all kinds, and in order
to carry out a program of coordinat-
ed land and water management, the
following standards, prohibitions,
regulations and requirements are
hereinafter set forth:
In addition to the general pur-
poses the specific intent of this Or-
dinance is:
(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 drain-
age.
(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 preserva-
tion 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 wild-
life and plant growth.
(d) Avoid fast runoff of surface'
waters from developed areas to pre-
vent pollutional materials such as
animal feces, motor oils, paper, sand,
salt and other debris, garbage and
foreign materials from being carried
directly into the nearest natural
stream, lake or other public waters.
(e) Prevent the development of
structures in areas which will ad-
versely affect the public passage and
use of creeks, marshes, low lands
and water courses within the village.
SECTION 2 - DEFINITIONS
For the purpose of this Ordin-
ance the terms defined in this Sec-
tion shall have the following mean-
ings:
(a) Artificial obstruction means
any dam, wall wharf, embankment,
levee, dike, pile, abutment, projec-
tion, excavation, bridge, conduit,
pole, culvert, building, wire fence,
fill, other structure or matter, in,
along, across or projecting into the
protected wetland conservation area.
(b) Natural obstruction means
any rock, tree, gravel or analogous
natural matter that is an obstruction
and has been located within the wet.
land conservation area by a non-
human cause.
5tG11UN 3 - ULr'INIIIU.N AND
ESTABLISHMENT OF WETLAND
'CONSERVATION AREA
The wetland conservation area
within the Village of Shorewood,
hereinafter referred to as the protect-
ed area, is defined and established to
be the shore line of Lake Minneton-
ka, Galpin Lake, Christmas Lake,
Lake Mary, Silver Lake, Lake Vir-
ginia, and the low areas adjoining any
water course and drainage way or
body of water subject to meander-
ing, flowing or overflow, including
areas of marsh, wooded marsh, sub-
merged marsh, inundation area as
shown upon the attached wetlands
map. Said map is hereby made a
part of this Ordinance and two cop-
ies thereof shall remain on file in the
office of the Village Clerk for Piablic
Ins
SECTION 4 - DEVELOPMENT
REGULATION
Land owners or developers de.
siring to develop land or construct
any dwelling or any other artificial
obstruction on land located within
the wetland conservation area or
change the shoreline of Lake Minne-
tonka, Galpin Lake, Christmas Lake,
Lake Mary, Silver Lake and Lake
Virginia within the Village of Shore-
wood shall first submit a plan of de-
velopment hereinafter referred to as
"an earth change plan ", to the• Vil-
lage Council which shall set forth
proposed provisions for sediment
control, water management, main-
tenance of landscaped features, and
any additional matters intended to
improve or maintain the quality of
the environment. Such a plan shall
set forth proposed change 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, water
courses and marshes, low lands and
wetlands in the area. The plan shall
minimize tree removal, ground cover
change, loss of natural vegetation,
and grade changes as much as pos-
sible, and shall affirmatively pro-
vide 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 pos-
sible potential pollution, erosion and
siltation.
SECTION 5 - DEVELOPMENT
PROHIBITED
No filling, grading, dredging, ex-
cavation or construction shalt be al-
lowed within the wetland conserva-
tion area if such activity is incom-
patible with the policies expressed in
this ordinance 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 issu-
ed hereunder by the Village Council
for such change.
SECTION 6 - LAND DEVELOP-
MENT AND PLATTING
No part of any land within the
wetlands conservation area shall be
platted for residential use or any
other use which will increase the
danger tc health, life, property or
the public welfare. Whenever a por-
tion of the conservation area is lo-
cated within the area to be subdiv-
ided, an adequate easement in favor
of the village• over the low lands
shall be required for the purpose of
improving and protecting the area
from drainage and other purposes
expressed in this ordinance. Streets,
driveways, culverts shall not be con-
structed or designed so as to restrict
the flow of water and the same shall
be approved by the Village Council.
SECTION 7 - LAND AREA CRED-
IT AND SPECIAL ASSESSMENTS
Land area, if within the wetlands
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 re-
quirements of the zoning ordinance
of this village. The exempt land area
which is not to be developed and
which is designated as an easement
shall not be subject to special assess-
ment to defray cost of municipal im-
provement projects including and
not limited to water, sanitary and
storm sewer improvements.
SECTION 8 - VARIANCES
Variances may be granted by the
Village Council upon application
therefor in extraordinary cases, but
only when the proposed use is db
termined to be in the public interest
and no variance shall be granted
which the council determines wM or
has a tendency to:
(1) Result in the placement of an
artificial obstruction which will re-
strict the passage of storm and flood
water in such a manner as to increase
th6 height of flooding, except ob-
structions approved by the Minne -
haha Creek Watershed District in
conjunction with sound fl." plain
management.
(2) Result in incompatible land
uses or which would be detrimental
to the protection of surface and
ground water supplies.
(3) Be not in keeping with land
use plans and planning objectives for
the Village of Shorewood or which
will increase or cause danger to life
or property.
(4) Be inconsistent with the ob-
jectives of encouraging land uses
compatible with the preservation of
the natural land forms, vegetation
and the marshes and wetlands within
the Village of Shorewood.
No permit or variance shall be
issued unless the applicant has sub-
mitted an earth change plan as re-
quired and set forth in Section 4.
In granting any. .variance
council may attach such conduti ns
as they deem necessary to in re
compliance with the policy of in-
tent of this ordinance.
SECTION 9 - REMOVAL OF ARTI-
FICIAL OBSTRUCTION
If an artificial obstruction is
found within the wetlands conserva-
tion area, an order shall be issued to
the owner of the parcel following
ten days written notice and hearing
thereon, for removal within a rea-
sonable 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 village shall have the
power to make or cause such remov-
al 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 assess-
ments for municipal improvements
norwithstanding Section 7 herein.
The. special assessment shall be certi-
fied to the county auditor for collec-
tion in the same manner as the ad
valorem real property tax of the vil-
lage.
SECTION 10 -SEPARABILITY
Every section, provision or part
of this ordinance is declared separ-
able from every other section pro-
vision or part; and if any section,
provision or part hereof shall be herd
invalid, it shall not affect any other
section, provision or part.
SECTION 11- PENALTY
Any person violating any of the
provisions of this ordinance shall be
guility of a misdemeanor and shall be
punished by a fine of not to exceed
three hundred dollars ($300.00), or
by imprisonment for a period not to
exceed ninety (90) days.
SECTION 12 - EFFECTIVE DATE
This ordinance shall take effect
from and after its passage and pub-
lication.
Passed by the council this 12th
day of March, 1973.
Thomas E. Holloran
Mayor
ATTEST:
Muriel Whowell
Clerk
Published March 28, 1973
MAP ON PAGES 8 AND 9.
(d) Any dead oak tree or part
thereof, which i.1 the opinion
of the forester constitutes a
hazard, including but not
limiting to logs, branches,
stumps, roots, firewood or
other oak material, which has
not been stripped of its bark,
burned or sprayed with an
effective fungicide.
Subdivision 2. Abatement. It is
unlawful for any person to permit
any public nuisance as defined in
16 Subdivision 1 to remain on any
premises owned or controlled by
him within the Village of Shore-
wood. Such nuisances may be abated
in the manner prescribed by this
ordinance.
SECTION 4. INSPECTION AND
INVESTIGATION.
Subdivision 1. Entry on Private
Premises. The forester or his duly
authorized agents may enter upon
private premises, except into a pri-
vate home, at any reasonable time
for the purpose of carrying out any
of the duties assigned him under
this ordinance.
Subdivision 2. Diagnosis. The
forester shall, upon finding condi-
tions indicating Dutch Elm or Oak
Wilt infestation, immediately send
appropriate specimens or samples to
the Commissioner of Agriculture for
analysis, or take such other steps
for diagnosis as may be recommend-
ed by the Commissioner. Except
as provided in Section 6, noaction
to remove infected trees or wood
shall be taken until positive diagno-
sis of the disease has been made.
SECTION 5. ABATEMENT OF
DUTCH ELM AND OAK WILT DIS-
EASE NUISANCES.
Subdivision 1. In abating the
nuisances defined in Section 3, the
forester shall cause the infected tree
or wood to be sprayed, removed,
burned or otherwise effectively treat.
ed so as to destroy and prevent as
fully as possible the spread of Dutch
Elm disease fungus and elm bark
beetles as well as Oak Wilt disease.
Such abatement procedures shall be
carried out in accordance with cur.
rent technical and expert opinions
and plans as may be designated by
the Commissioner of Agriculture.
SECTION 6. PROCEDURE FOR
REMOVAL OF INFECTED TREES
AND WOOD.
Subdivision 1. Whenever the- forest-
er finds with reasonable certainty
that the infestation defined in Sec-
tion 3 exists in any tree or wood in
any public or private place in the
village, he shall proceed as follows:
(a) If the forester finds that the
danger of infestation of other
trees is not imminent, he shall
make a written report of his
finding to the council which
shall proceed by (1) abating
the nuisance as a public im-
pr6vement under Minnesota
Statutes Ch. 429 or (2) abating
the nuisance as provided in
Subd. 2 of this section.
(b) If the forester finds that Bang.
er of infestation of other elm
or oak trees is imminent, he
shall notify the subject prop-
erty owner by certifieu mail that
the nuisance will be abated
within a specified time, not
less than 5 days from the date of
mailing of such notice. The
forester shall immediately re.
pert such action to the coun-
cil, and after the expiration of
the time limited by the notice
he may abate the nuisance.
Subdivision 2. Upon receipt of the
forester's report required by Subd. t.
(a), the council shall by resolution
order the nuisance abated. Before
action is taken on such resolution.
the council shard publish notice of its
intention to meet to consider taking
action to abate the nuisance. This
notice shall be mailed to affected
Property owners and published once
not less than one week prior to such
meeting. The notice shall state the
time and place of the meeting, the
streets or area affected „ act ion pro.
Posed, the estimated cost of the
abatement, and the proposed basis of
assessment, if any, of costs. At such
hearing or adjournment thereof, the
council shall hear property owners wijh
reference to the scope and desireabii-
ity of the proposed project. The
council shall thereafter adopt a resol-
ution confirming the original resolu-
tion with such modifications as it
considers desireable and provide for
the doing of the work by day labor
or by rnntrart
Subdivision 3. The forester shall
keep a record of the costs of abate-
ments done under this section and
shall report to the Village Clerk
all work done for which assessments
are to be made stating and certifying
the description of the land, lots,
Parcels involved and the amount
chargeable to each.
Subdivision 4. On or before Octo-
ber 1st each year, the Clerk shall
list the total unpaid charges for
each abatement against each separate
lot or parcel to which they are attrib-
utable under this ordinance. The coun-
cil may then spread the charges or
any portion thereof against the prop-
erty involved as a special assessment
under Minnesota Statutes Sec.
429.101 and other pertinent statutes
for certification to the county audi-
tor and collection the following year
along with current taxes.
SECTION 7. SPRAYING ELM
TREES.
Subdivision 1. Whenever the for-
ester determines that any elm tree or
elm wood within the village is infect-
ed with Dutch Elm fungus, he may
spray all nearby high value elm
trees, with an effective elm bark
beetle destroying concentrate. Spray-
ing activities authorized by this sec-
tion shall be conducted in accordance
with technical and expert opinions
and plans of the Commissioner of
Agriculture and under the supervision
of the Commissioner and his agents
whenever possible.
Subdivision 2. The notice pro-
visions of Section 6 shall apply to
spraying operations conducted under
this section.
SECTION 8. TRANSPORTING
ELM WOOD PROHIBITED.
Subdivision 1. It is unlawful for
any person to transport any bark -
bearing elm wood without having ob-
tained a permit from the fcrester.
The forester shall grant such permits
only when the purposes of this or-
dinance shall be served thereby.
SECTION 9.
Based upon reports of the forest-
er submitted to the Village of Shore-
wood as herein provided and based
upon recommendations of the Com -
missioner of Agricultre, the village
council of the Village of Shorewood
may declare that there exists an em-
ergency within the Village of Shore-
wood because of the prevalence of
Dutch Elm or Oak Wilt diseases
and thereupon Invoke and exercise
the authority granted to the Village
pursuant to Minnesota Statutes
18.022.
SECTION 10. INTERFERENCE
PROHIBITED.
It is unlawful for any person to
prevent, delay or interfere with the
forester or his agents while they
are engaged in the performance of
duties imposed by this ordinance.
SECTION 11. PENALTY.
Any person, firm or corporation
who violates Sections 8 or 10 of this
ordinance is guilty or a misdemeanor
ar i may be punished by a fine of not
to exceed $300.00 or imprisonment
for riot more than 90 days, or both.
SECTION 12.
This ordinance is effective from
and after its passage and publication.
Adopted by the council this 14
day of May, 1973.
T.E. Holloran
Mayor
Attest:
Elsa I. Wiltsey
ORDINANCE NO. 71
AN ORDINANCE RELATING TO
THE CONTROL AND PREVEN-
TION OF DUTCH ELM DISEASE
AND OAK WILT DISEASE WITHIN
THE VILLAGE OF SHOREWOOD
The Village Council of the Vil-
lage of Shorewood, Minnesota, or-
dains:
le
SECTION 1. DECLARATION OF
POLICY. The council has determined
that the health of the elm and oak
trees within the municipal limits is
threatened by fatal diseases known
as Dutch Elm and Oak Wilt diseases.
It has further determined that the
loss of elm and oak trees growing
upon public and private property
would substantially depreciate the
value of property within the village
and impair the safety, good order,
general welfare and convenience of
the public. It is the intent of the
council to prevent the spread of
these diseases by a program of plant
pest control and this ordinance is
enacted for that purpose.
SECTION 2. FORESTER.
Subdivision 1. Position Created.
The powers and duties of the village
forester as set forth in this ordinance
are hereby conferred upon the weed
inspector.
Subdivision 2. Duties of Forester.
It is the duty of the forester to
coordinate under the direction and
control of the council, all activities
of the municipality relating to the
control and prevention of Dutch Elm
and Oak Wilt diseases. He shall re-
commend to the council the details
of a program for the control of
Dutch Elm and Oak Wilt diseases and
perform the duties incident to the
programs adopted by the council.
The forester shall act as coordinator
between the Commissioner of Agri-
culture and the council in the con -
luct of this program.
SECTION 3. NUISANCES DE-
CLARED.
Subdivision 1. The following
things are public nuisances whenever
they may be found within the Vil-
lage of ShorewooG.-:
(a) Any livinq or standinq elm tree
or part thereof infected to
any degree with the Dutch
Elm Disease fungus Cerato-
cystis Ulm (Buisman) Moreau
or which harbors any of the
elm bark beetles Scolytus
Multistnatus (Eichh.) or Hy-
lurgopinus Rifipes (March).
(b) Any dead elm tree or part
thereof, including logs, branch-
es, stumps, firewood or other
elm material from which the
bark has not been removed
and burned or sprayed with an
effective elm bark beetle in-
secticide.
(c) Any living or standing oak tree
or part thereof infected to any
degree with the Oak Wilt
fungus Ceratocystis fagacear-
u m.
(d) Any dead oak tree or part
thereof, which i.1 the opinion
of the forester constitutes a
hazard, including but not
limiting to logs, branches,
stumps, roots, firewood or
other oak material, which has
not been stripped of its bark,
burned or sprayed with an
effective fungicide.
Subdivision 2. Abatement. It is
unlawful for any person to permit
any public nuisance as defined in
16 Subdivision 1 to remain on any
premises owned or controlled by
him within the Village of Shore-
wood. Such nuisances may be abated
in the manner prescribed by this
ordinance.
SECTION 4. INSPECTION AND
INVESTIGATION.
Subdivision 1. Entry on Private
Premises. The forester or his duly
authorized agents may enter upon
private premises, except into a pri-
vate home, at any reasonable time
for the purpose of carrying out any
of the duties assigned him under
this ordinance.
Subdivision 2. Diagnosis. The
forester shall, upon finding condi-
tions indicating Dutch Elm or Oak
Wilt infestation, immediately send
appropriate specimens or samples to
the Commissioner of Agriculture for
analysis, or take such other steps
for diagnosis as may be recommend-
ed by the Commissioner. Except
as provided in Section 6, noaction
to remove infected trees or wood
shall be taken until positive diagno-
sis of the disease has been made.
SECTION 5. ABATEMENT OF
DUTCH ELM AND OAK WILT DIS-
EASE NUISANCES.
Subdivision 1. In abating the
nuisances defined in Section 3, the
forester shall cause the infected tree
or wood to be sprayed, removed,
burned or otherwise effectively treat.
ed so as to destroy and prevent as
fully as possible the spread of Dutch
Elm disease fungus and elm bark
beetles as well as Oak Wilt disease.
Such abatement procedures shall be
carried out in accordance with cur.
rent technical and expert opinions
and plans as may be designated by
the Commissioner of Agriculture.
SECTION 6. PROCEDURE FOR
REMOVAL OF INFECTED TREES
AND WOOD.
Subdivision 1. Whenever the- forest-
er finds with reasonable certainty
that the infestation defined in Sec-
tion 3 exists in any tree or wood in
any public or private place in the
village, he shall proceed as follows:
(a) If the forester finds that the
danger of infestation of other
trees is not imminent, he shall
make a written report of his
finding to the council which
shall proceed by (1) abating
the nuisance as a public im-
pr6vement under Minnesota
Statutes Ch. 429 or (2) abating
the nuisance as provided in
Subd. 2 of this section.
(b) If the forester finds that Bang.
er of infestation of other elm
or oak trees is imminent, he
shall notify the subject prop-
erty owner by certifieu mail that
the nuisance will be abated
within a specified time, not
less than 5 days from the date of
mailing of such notice. The
forester shall immediately re.
pert such action to the coun-
cil, and after the expiration of
the time limited by the notice
he may abate the nuisance.
Subdivision 2. Upon receipt of the
forester's report required by Subd. t.
(a), the council shall by resolution
order the nuisance abated. Before
action is taken on such resolution.
the council shard publish notice of its
intention to meet to consider taking
action to abate the nuisance. This
notice shall be mailed to affected
Property owners and published once
not less than one week prior to such
meeting. The notice shall state the
time and place of the meeting, the
streets or area affected „ act ion pro.
Posed, the estimated cost of the
abatement, and the proposed basis of
assessment, if any, of costs. At such
hearing or adjournment thereof, the
council shall hear property owners wijh
reference to the scope and desireabii-
ity of the proposed project. The
council shall thereafter adopt a resol-
ution confirming the original resolu-
tion with such modifications as it
considers desireable and provide for
the doing of the work by day labor
or by rnntrart
Subdivision 3. The forester shall
keep a record of the costs of abate-
ments done under this section and
shall report to the Village Clerk
all work done for which assessments
are to be made stating and certifying
the description of the land, lots,
Parcels involved and the amount
chargeable to each.
Subdivision 4. On or before Octo-
ber 1st each year, the Clerk shall
list the total unpaid charges for
each abatement against each separate
lot or parcel to which they are attrib-
utable under this ordinance. The coun-
cil may then spread the charges or
any portion thereof against the prop-
erty involved as a special assessment
under Minnesota Statutes Sec.
429.101 and other pertinent statutes
for certification to the county audi-
tor and collection the following year
along with current taxes.
SECTION 7. SPRAYING ELM
TREES.
Subdivision 1. Whenever the for-
ester determines that any elm tree or
elm wood within the village is infect-
ed with Dutch Elm fungus, he may
spray all nearby high value elm
trees, with an effective elm bark
beetle destroying concentrate. Spray-
ing activities authorized by this sec-
tion shall be conducted in accordance
with technical and expert opinions
and plans of the Commissioner of
Agriculture and under the supervision
of the Commissioner and his agents
whenever possible.
Subdivision 2. The notice pro-
visions of Section 6 shall apply to
spraying operations conducted under
this section.
SECTION 8. TRANSPORTING
ELM WOOD PROHIBITED.
Subdivision 1. It is unlawful for
any person to transport any bark -
bearing elm wood without having ob-
tained a permit from the fcrester.
The forester shall grant such permits
only when the purposes of this or-
dinance shall be served thereby.
SECTION 9.
Based upon reports of the forest-
er submitted to the Village of Shore-
wood as herein provided and based
upon recommendations of the Com -
missioner of Agricultre, the village
council of the Village of Shorewood
may declare that there exists an em-
ergency within the Village of Shore-
wood because of the prevalence of
Dutch Elm or Oak Wilt diseases
and thereupon Invoke and exercise
the authority granted to the Village
pursuant to Minnesota Statutes
18.022.
SECTION 10. INTERFERENCE
PROHIBITED.
It is unlawful for any person to
prevent, delay or interfere with the
forester or his agents while they
are engaged in the performance of
duties imposed by this ordinance.
SECTION 11. PENALTY.
Any person, firm or corporation
who violates Sections 8 or 10 of this
ordinance is guilty or a misdemeanor
ar i may be punished by a fine of not
to exceed $300.00 or imprisonment
for riot more than 90 days, or both.
SECTION 12.
This ordinance is effective from
and after its passage and publication.
Adopted by the council this 14
day of May, 1973.
T.E. Holloran
Mayor
Attest:
Elsa I. Wiltsey
•
0
(OFFICIAL PUBLICATION)
ORDINANCE NO. 72
AN ORDINANCE DECLARING
ABANDONED, WRECKED, OR
PARTIALLY DISMANTLED VE-
HICLES TO BE A NUISANCE,
PROVIDING FOR THE REMOVAL
OF SUCH VEHICLES FROM PUB-
LIC AND PRIVATE PROPERTY,
AND IMPOSING PENALTIES.
THE COUNCIL OF THE VILLAGE
OF SHOREWOOD ORDAINS:
Section 1. Declaration Of Public
Nuisance.
The Village Council of the Village
of Shorewood has determined that
abandoned, wrecked, junked, partial-
ly dismantled or inoperative vehicles
within the Village of Shorewood
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 out.
side storage of such -vehicles, in the
nature of rubbish, litter and unsightly
debris, is a detriment to the en.
vironment, and is hereby declared to
constitute a public nuisance which
may be abated as provided herein
or as provided under any other ordi.
nance of the Village of Shorewood
or law of the State of Minnesota.
Section 2. Definitions.
For the purposes of.this ordinance
"vehicle" means every devise in,
upon, or by whirh any percnn or
Property is or may be transported
or drawn upon a highway, exept
devises moved by human power or
used exclusively upon stationary
rails or tracks. "Abandoned vehicle"
means a vehicle, as defined above,
that has remained for a period of
more than 48 hours on public prop-
erty illegally or lacking vital com-
ponent parts, or has remained for a
Period of more than 48 hours on
Private property without consent of
the person in control of such prop-
erty or in an inoperable condition
such that it has no substantial
Potential further use consistent with
Its usual functions unless it is kept
in an enclosed garage or storage build-
ing. 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
Village. A classic car or pioneer car,
as defined in Minnesota Statues, Sec.
168.10, shall not be considered an
abandoned vehicle.
Section 3. Abandonment of Ve-
hicles ?•:)hibited.
No person shall park, store, or
leave, or permit the parking
or leaving of any abandoned vehicle
on public or private property, within
the Village of Shorewood unless (a)
such vehicle is completely enclosed
within a buildinq; (b) such vehicle
is storerl or parked on private prop.
erty in connection with a duly licens-
ed or authorized commercial enter-
prise operated and conducted pur-
suant to law when such parking or
storing of vehicles is necessary to
the operation of said commercial en-
terprise; or (c) such vehicle is stored
or parked on private property of the
owner thereof, 01 a member of his
family, for the purpose of making re-
pairs thereto, provided that said re-
pair period is not to exceed 30
days, after which time said vehicle
shall ;.Teemed to be "abandoned ".
Section 4. Penalties for Violations.
Any person who abandons a ve-
hicle on any public or private prop-
erty, or any person who fails, neg-
lects or refuses to remove or house
an abandoned vehicle and abate such
nuisance in accordance with the pro-
visions of this ordinance shall be
guilty of a misdemeanor, and upon
conviction thereof, shall be punished
by a fine not exceeding $300 or by
imprisonment not exceeding 90 days.
Every day that such violation con-
tinues shall constitute a separate
offense.
Section 5. Removal, Custody and
I mpoundmer,t.
The Village of Shorewood may
take into custody and impound any
abandoned vehicle which is in vio-
lation of the provisions of Section 3.
Any person, at the direction of the
Village Clerk, Police Chief, or any
other police officer of the Village is
hereby expressly authorized to enter
upon private property for the pur-
pose of enforcing this ordinance.
Section 6. Immediate Sale.
When an abandoned vehicle is
more than seven model years of
age, is lacking vita) component parts,
and does not display a license plate
currently valid in Minnesota or any
other state or foreign country, it shall
immediately be eligible for sale at
Public auction, and shall not be sub -
iert to the notification and reclama-
tion provisions of Sections 7 and 9:
Section 7. Notice.
When an abandoned vehicle does
not fall within the provisions of
Section 6, the Village Clerk, Police
Chief, or police officer of the Village
of Shorewood shall give notice of
the taking into custody of the vehicle
pursuant to Minnesota Statutes
1688.06.
Section 8. sublic Sale.
An abandoned vehicle taken into
custody and not reclaimed under
Section 9 shall be sold to the highest
bidder at public auction of sale,
following ten (10) days published
notice thereof in the legal newspaper
for the Village. From the proceeds
of the sale of the abandoned vehicle,
the Village of Shorewood shall reim-
burse itself for the cost of towing,
Preserving and storing of the vehicle.
and all notice, publication and admin-
istrative costs incurred pursuant to
this ordinance. Any remainer from
the proceds of a sale shall be held
for the owner of the vehicle or en-
titled lienholder for 90 days and if
not claimed shall thereafter be de-
posited in the Village treasury.
Section 9. Right to Reclaim.
The owner of any lienholder of
an abandoned vehicle or any person
in lawful possession o- control of
the property upon which said vehicle
was abandoned shall have a right to
reclaim said vehicle from the Village
of Shorewood upon payment of all
towing and storage charges resulting
from tte taring of the vehicle into
custody within 15 days after the
date of the notice required by Section
7.
Section 10. Effective Date.
This ordinance shall take effect
from and after its passage and pub-
lication.
Passed by the Council this 4 day
of June, 1973.
Thomas E. Holloran, Mayor
ATTEST:
Elsa Wiltsey, Clerk
Published June 13, 1973.
ORDINANCE NO. 73
ORDINANCE TO PROVIDE FOR
THE ORDERLY TRANSITION
FROM A SYSTEM OF ANNUAL
VILLAGE ELECTIONS FOR MUN-
ICIPAL OFFICIALS TO A BIEN-
NIAL ELECTION OF MUNICIPAL
OFFICIALS.
The Village Council of the Vil-
lage of ShoreWOod ordains:
Section 1. Intent. it is the intent
of this ordinance to effectuate and
seem MIe put 11"o torte and aloe
the 1973 laws of the State of Min-
nesota, Chapter 123, and to provide
an orderly transition from annual
municipal elections to biennial muni-
cipal elections. It Is the Intent after
this ordinance has become fully ef-
fective for the mayors to hold office
for a term of two (2) years and for
the councilmen to have terms of of-
fice of four (4) years with two (2)
councilmen being elected every two
(2) years.
Section 2. Terms. The following
officers shall be elected for the terms : ,
on the years shown In the following
tagle:
OFFICE TERM EXPIRES/YEAR
OF ELECTION
r
Mayor 1973
1974
Councilman 1973
(with term expiring
December 31, 1973) 1974
Councilman 1974
(with term expiring
December 31, 1974)
Councilman 1975
(which was to expire
December 31, 1975)
1976
Councilman 1975
(which was to expire
December 31, 1975)
1976
Section 3. Effective Date. This
ordinance shall be in full force and
effect and after its passage and
Publication as provided by law.
Section 4. Repealer. All ordin-
ances and parts of ordinances in con.
fiict herewith are hsreoy repealed.
Passed by the Council this 27th
day of August, 1973. l
Thomas A. Holloran, Mayor
ATTEST:
Elsa WiltseY, Village Clerk
TERM OF OFFICE
1 year
2 years and emery
2 yea
1 year
4 years and every
4 years thereafter
4 yt , & ,, and every
4 ye* — otearter
The term of this
Office shall be
extended one rear
to expire December
31, 1976.
4 years and every
4 years thereafter
The term of this
office shall be
extended one year to
expire December 31,
1976.
4 years and every
4 years thereafter
(OFFICIAL PUBLICATION)
ORDINANCE NO. 74
AN ORDINANCE REGULATING
THE USE OF A MUNICIPAL
• WATER SYSTEM THE INSTALLA-
TION, CONNECTION AND CON-
STRUCTION OF HOUSE WATER
LINES, AND SETTING A CHARGE
FOR SAID WATER SERVICE BY
PRIVATE USERS AND PROVID-
ING PENALTIES FOR VIOLATION
THEREOF IN THE VILLAGE OF
SHOREWOOD, COUNTY OF
HENNEPIN, STATE OF MINNE-
SOTA.
The Village Council of the Village
of Shorewood does ordain:
ARTICLE 1
PURPOSE AND INTENT
Section 1. The Village of Shore-
wood Municipal Water System (here-
inafter called the water system) shall
be operated as a public utility and
convenience from which revenue
will be derived, subject to the pro-
visions of this ordinance.
Section 2. No person, firm or
corporation shall make, construct or
install any water service installation,
or make use of any water service
connected to the water system ex-
cept in the manner provided in this
ordinance, nor shall any person, firm
or corporation otherwise make, con-
struct, install or make use of any in-
stallation connected to the water sys-
tem contrary to the regulatory pro-
visions of this ordinance.
ARTICLE II
APPLICATIONS
Section 1. Service stubs have
been Installed to serve all homes and
businesses presently located in the
Village of Shorewood. The connec-
tions are ready for use by the exist-
ing structures in the village.
Section 2. In the event additional
connections or stubs are required or
desired, applications shall be made
at the Village Hall on forms furnish-
ed by the village.
All such 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 con.
nection required, and the applicant
shall at the time of making applica-
tion pay to the village 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 village as condi-
tions for the use of water.
Section 3. All work performed
within the limits of the village streets
shall be under the direct supervision
of the Village Water Inspector. If the
installation is to be in a surfaced
street, the location of the water main
shall be ascertained from the Village
Engineer and upon completion of
the construction the street restored
to Its previously existing condition.
The expense of such construction
and restoration shall be borne by the
applicant.
ARTICLE III
CONNECTION PERMITS
Section 1. A permit must be ob-
tained to connect to the water sys-
tem. The fee for each permit shall be
• $10.00. All house service lines shall
be inspected by the Village Water In-
spector before the same is covered
to insure proper construction of the
line and connection to the service
stub. The owner or contractor shall
notify the water inspector when 'the
service pipe is ready for inspection.
A water meter shall be obtained
from the village at the time the per-
Section 2. If, for any reason, the
contractor or owner laying the ser-
vice pipe should fail to have the con-
nection made at the time Specified
in his application, notice must be
given to the villages offices fixing
another day on which he wishes to
make the connection. The notice
must be given at least two (2) days
prior to the excavation for laying of
the service pipe, and the connection
must be made before 3:00 P.M. ex-
cept in special cases, and then the
work must be done when the water
inspector is available.
ARTICLE IV
CONDITIONS OF PERMIT
Section 1. A connection charge as
determined by resolution of the Vil-
lage Council and the permit fee as
specified in Article I II 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:
Section 2. No permit shall be is-
sued to tap or connect with any
water main or water system of the
village either directly or indirectly
from any lot or tract of land unless
it shall be determined that:
(1) The lot or tract of land to be
served by such connection or tap has
been assessed for the cost of con-
struction of the water main and
water plant system with which the
connection is made, or
(2) If no assessment has been levied
for such construction cost, the pro-
ceedings for ;evying such assessments
have been or will be commenced In
due course, or
(3) If no assessment has been levied,
and no assessment proceedings will
be completed in due course, a sum
equal to the portion of cost of con
struction of said water main and
source of water plant and well sys-
tem, which would be assessable a.
gainst said lot or tract, has been
paid to the village. The assessable
cost is to be determined by the Vil.
lage Council (taking into considera-
tion water supply contracts with sur.
rounding villages).
ARTICLE V
LISTING OF ACCOUNTS
Section 1. All accounts shall be
kept on the books of the village by
the name of the person served or of
the person signing the application
for service. All bills and notices sent
out by the village shall be sent to
the house of the property served. If
non - resident owners or agents desire
personal notice sent to a different
address, they shall file an application
therefor with the village. Any error
in address shall be promptly report-
ed to the village.
ARTICLE VI
WATER RATES
Section 1. The rate due and pay-
able to the village by each water user s,c'
for water taken from a
shall be $60 per one ousand
1 "000) gallons, payable quarterly;
provided that the minimum amount
due and payable by each water user
for each quarterly period during
which water service is furnished shall
be $15.00 or the amount charged by
supplying village, whichever is higher.
Section 2. In the event the water
meter servicing any account is found
to have stopped or operating in a
faulty manner, the amount of water
will be estimated in accordance with
the amount used previously in com-
parable periods of the year.
Section 3. Where service is for less
than a quarterly period, the quarter-
ly charge will be pro -rated on a
monthly basis.
Section 4. Water bills shall be
mailed to the customers quarterly
and shall specify the water consum-
ed and charge in accordance with
the foregoing rates.
Section 5. Where a connection is
made to an automatic sprinkler sys-
tem for standby service only, a
charge for such ^service shall be made
as follows:
4 inch pipe connection or less -
$200.00
6 Inch pipe connection $300.00
8 inch pipe connection - $400.00
12 inch pipe connection - $600.00
These rates shall apply in all cases
where automatic sprinklers are in-
stalled and where fire gates and
other outlets are sealed. Meters or
detector check valves must be in-
stalled on such services as required
by the village. The amount of these
rates shall be due January 1'of the
year for which service is to be pro-
vided and shall be payable on or be-
fore February 1 of that year. Where
service is for less than an annual
period, the annual charge shall be
pro -rated on a monthly basis and
such prorated amount shall be paid
at the time of the connection of the
sprinkler system.
Section 6. Rates due and payable
by each water user located beyond
the territorial boundaries of the vil-
lage shall be determined by special
contract.
ARTICLE Vil
STATEMENTS
Section 1. Statements for charges .
for water service for the period shalll
be mailed to each customer on or be-
fore the 10th day of January, April,
July and October of each year. Such
statements shall be due and payable
to the Village Clerk on or before the
1st day of the second month follow -
ing the quarterly period covered by
such statement. It shall be the duty
of the village to endeavor to collect
delinquent accounts as promptly as
possible, and in all cases where "satis -
factory arrangements for payment
have not been made, instructions
shall be given to discontinue service
by shutting off the water at the stop
box.
All delinquent accounts may be
certified by the Clerk who shall pre -
pare an Assessment Roll each year
providing for assessment of the de-
linquent accounts against the respec-
tive property served. This Assess-
ment Roll shall be delivered to the
Village Council for adoption on or
before October 1 of each year and
upon approval thereof, the Clerk
shall certify to the County Auditor
the amount due and the County
Auditor shall thereupon enter such
amount as part of the tax levy on
such premises to be collected during
the ensuing year. Such action may be
optional or subsequent to taking
legal action to collect delinquent
accounts.
ARTICLE VIII
DISCONTINUANCE OF
WATER SERVICE
Water service may be shut off at
any stop box connection whenever:
Section 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 or
threatens to violate causes to be vio-
lated, any of the provisions of this
ordinance.
Section 2. Any charge for water,
service, meter, or other financial ob-
ligation imposed on the present or
former owner or occupant of the
premises served is unpaid.
Section 3. Fraud or misrepresen-
tation by the owner or occupant of
the premises served in connection
with an application for service.
mit is applied for.
ARTICLE IX
AUTHORIZED WATER
SHUT DOWNS
Section 1. The village shall not be
liable for any deficiency or failure in
the supply of water to consumers,
whether occasioned by shutting the
water off for the purpose of making
repairs or connections, or from any
other cause whatever. 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 con-
struction of new works, water may
be shut off at any time and kept
shut off as long as necessary.
No person, except an authorized
village employee, shall turn on or off
any water supply at the stop box
without permission from the village.
For turning on water where ser-
vice has been turned off for non.
payment of water bill, failure to re-
pair a leak, discontinuance of service
or any other cause, a service charge
of $7,50 will be made.
ARTICLE X
SEPARATE METERS REQUIRED
Section 1. No more than one
housing unit or building shall be sup-
plied from one service connection ex-
cept by special permission of the Vil-
lage 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.
ARTICLE XI
AUTHORIZATION REQUIRED
Section 1. Only persons authoriz-
ed by this ordinance shall tap any
distributing main or pipe of the
water system, or insert stop cocks or
ferrules therein.
ARTICLE XII
SERVICE PIPES
Section 1. It shall be the responsi-
bility of the consumer or owner to
maintain the service pipe from the
curb box into the house or struc-
ture. In the case of failure upon the
part of any consumer to repair any
leak occurring in his pipe within
twenty -four (24) hours after verbal
or written notice thereof, the water
will be shut off and will not be
turned on until the service charge of
$7.50 as specified in Article IX, 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.
Section 2. All service installations
that have been abandoned or have
not been used for one (1) year or for
any reason, have become useless for
further service, shall be disconnected
at the main by the village, and all
pipe and appurtenances removed
shall be the property of the village.
Any expense of the village shall be
charged to the property and, if not
paid within thirty (30) days shall be
treated as a delinquent account Pur-
suant to this ordinance.
ARTICLE XIII
WATER CONNECTIONS SERVED
BY ADJACENT MUNICIPALITIES
Section 1• The Village Council
has heretofore and will in the future
enter into contracts with adjacent
municipalities to provide water ser-
vice to properties located within the
Village of Shorewood. All permits to
be issued under this ordinance shall
comply with the terms of such agree-
ments. In instances where the cost of
the water hook -up from the supply-
ing village is included in full or in
part as a quarterly charge, then shall
be added to the billing for the mini-
mum quarterly water' charge to be
paid by the recipient.
ARTICLE XI V
SPECIFICATION FOR
HOUSE SERVICE LINE
Section 1. All installations of
house service lines shall comply with
the following:
(1) House service pipe must be paid
with sufficient waving to allow not
less than one foot extra length and in
such manner as to prevent rupture
by settlement.
(2) House service lines must be plac-
ed not less than seven and one -half
feet below the surface and arranged
so as to prevent rupture by freezing.
(3) A shut off or other stop cock
shall be used and placed so as to be
protected from freezing.
(4) Type K of minimum 3/4 inch
copper tubing shall be used for runs.
It is recommended that type K of
minimum 1 Inch copper tubing be
used for runs from 50 ft. to 150 ft.
and Type K of minimum 142 inch
copper tubing be used for runs from
150 ft. to 300 ft.
(5) All underground joints are to be
mechanical (compression or flared,
not sweated) unless otherwise ap-
proved by the village inspector,
(6) Joints and copper tubing shall be
kept to a minimum with not more
than one joint used for service up to
70 feet in length.
(7) All joints and connections shall
be left uncovered until inspected and
tested at normal water line pressure.
(8) All service over 2 inch shall be of
cast iron.
(9) Connections at mains for domes-
tic supply shall be at least one inch.
(10) No water pipe shall be connect-
ed with any pump, well, tank or
piping that is connected with any
other water supply other than the
municipal system.
(11) No person 0-11 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 village.
(12) Not more than one building
shall be supplied from one service
connection unless by special permis-
sion from the Village Council.
(13) When two or more buildings
are supplied from one pipe, each
building must have a separate stop
box and separate meter.
ARTICLE XV
RESTRICTIONS CAUSED
BY WATER SHORTAGE
Section 1. When ever the Village
Council shall determine that a short-
age of water supply threatens the
village, it may, by resolution, limit
the times and hours during which
water may be used from the water
system for lawn and garden sprinkl-
ing, irrigation, car washing, and
other uses specified therein. Notice
of such limitation shall thereupon
be mailed to each water consumer.
ARTICLE XVI
PRIVATE WELLS
Section 1. Private wells may be
maintained and continued in use
after connection is made to the
water system, provided there is no
means of cross- connection between
the private well and the municipal
supply 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 on the boiler
drain of the well volume tank shall
be removed or the boiler drain hose
bibb replaced with a sink faucet.
Outside hose bibbs will not be in-
stalled on the municipal system
where dual water systems are in use.
ARTICLE XVII
OPERATION OF
FIRE HYDRANTS
Section 1. No person other than
authorized village employees or vil-
lage firemen shall operate fire hy-
drants or interfere in any way with
the water system without first ob-
taining a permit to do so from the
village.
ARTICLE XVIII
WATER METERS
Section 1. Except for extinguish-
ing of fire, no person except author-
ized village employees shall use water
from the water supply system or per -,
mit water to be drawn, therefrom
unless the same be metered by pass-
ing through a meter supplied or ap-
proved by the village. No person not
authorized by the village shall con-
nect, disconnect, take apart, or in
any manner change or cause to be
changed, or interfere with any such
meter or the action thereof.
Section 2. A charge for water
meters shall be paid to the village by
customers for water meters in ad-
vance before delivery of the water
meter for installation. Said charge is
hereby set as follows:
Meter with connection and remote
reading device .......... $50.00
Section 3. The village shall main-
tain and repair all meters when ren-
dered unserviceable through ordinary
wear and tear and shall replace them
if necessary. However, where any re-
placement or repair or adjustment of
any meter is necessary because of
damage from hot water backup,
damage from freezing water, or dam-
age from any act, carelessness or
negligence of the owner or occupants
of any premises, any expense in-
curred by the village to repair said
damage shall be charged against and
collected from the water consumer,
and water service may be discontinu-
ed until the cause is corrected and
the amount charged collected.
Section 4. When a consumer
makes a complaint that the bill for
any past services has been excessive,
the village shall, upon written re-
quest, have such meter re -read. If
the consumer remains dissatisfied
and desires that the meter be tested,
said consumer shall then make a de-
posit of $15.00 and the village shall
test the meter. The consumer shall,
if he so desires, be present when
such test is made. In case a test
should show an error of over five
percent of the water consumed in
favor of the village, the deposit will
be refunded to the consumer, and a
correctly registering meter will be
installed and the date of written re-
quest 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 con-
sumer, the amount deposited shall
be retained by the village to cover
the expenses of making such test.
Section 5. All water meters shall
be and remain the property of the
village, and may be removed or re-
placed or changed as to size and type
by the village whenever deemed
necessary.
Section 6. Authorized village em-
ployees shall have free access at
reasonable hours of the day-to all
parts of every building and premises
connected to the water system for
reading of meters and inspection.
The Village Council shall be author-
ized to make adjustments in water
charges when the amount billed is
erroneous due to a meter deficiency
or other mistake.
ARTICLE XIX
INSTALLATION OF
WATER METERS
Section 1. All water meters here-
after installed shall be in accordance
with the following rules:
(1) The service pipe from the water
main to the meter shall be brought
through the floor in a vertical posi-
tion. The stop and waste valve shall
be installed about twelve (12) inches
• above the floor.
(2) The meter shall be located so
that the bottom is from six (6) to
twelve(12) inches above the finished
floor line. The meter shall be set not
more than twelve (12) inches mea-
sured horizontally from the inside
line of the basement wall, unless an
alternate method is approved by the
Plumbing inspector. A suitable brac-
ket to support the meter in a ptoper
vertical position and to prevent noise
from vibration shall be provided.
(3) 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 twelve (12)
inches of pipe exposed between the
point of entrance through the base-
ment floor and the stop end 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. Gate valves shall be
brass 125 pounds standard. These
shall also be installed on the house
side of the meter gate valve a three -
.quarter (3/4) inch side outlet tee
and a two inch by four foot (2 "x4')
minimum air chamber of shock ab-
sorber, or an air chamber of equal
volume.
ARTICLE XX
VALIDITY
Section 1. The invalidity of any
section, clause, sentence or provision
Of this ordinance shall not affect the
validity of any other part of this
ordinance which can be given effect
without such invalid part or parts.
ARTICLE XXI
PENALTY FOR VIOLATION
Section 1. Any person violating
any provision of this ordinance shall,
upon conviction, thereof, be punish-
ed by a fine not exceeding three
hundred ($300.00) dollars or by im-
prisonment for not exceeding ninety
(90) days. Each day that violation
shall continue shall constitute a sepa-
rate offense.
Passed by the Village Council on
the 10 day of Sept., 1973.
T. E. Holloran, Mayor
ATTEST:
Elsa Wiltsey
Village Clerk
Publishe Septemb 26, 1973
(OFFICIAL PUBLICATION)
ORDINANCE NO. 75
AN ORDINANCE TO AMEND
ORDINANCE NO. 49 FOR THE
PURPOSE OF PROMOTING OR-
DERLY AND SYSTEMATIC
PLANNING OF SUBDIVISIONS
IN THE VILLAGE OF SHORE -
WOOD, MINNESOTA
THE VILLAGE COUNCIL of the
Village of Shorewood does ordain:
Section 1. That Section VI of
Ordinance No. 49 of the Village of
Shorewood be amended to read as
follows:
That Section VI Public Land of
Ordinance No. 30 be amended to
read as follows: "Section VI.
Public Land. Because a new sub-
division creates a need for parks
and playgrounds, as well as for
streets 8% of the total area of
each new subdivision or. its equi-
valent, shall be dedicated for
such uses. Such area must be
suitable for parks aitd play-
grounds and shall conform to the
Village Plan for parks an'' play
grounds within the Village. The
subdivider should have the op-
tion, in lieu of dedicating area for
parks and playgrounds, to pay
into the Village Park Fund a sum
of money equal to 8% of the
value of the raw land contained
in the proposed subdivision, and
the value of the raw land contain-
ed in the proposed subdivision
shall be determined by the Vil-
lage Assessor; or, as an alterna-
tive, the subdivider may pay into
the Village Park Fund $150.00
for each lot within the subdty-
sion."
section 2. This ordinance shall
take effect from and after its passage
and publication.
Passed by the Village Council
this 10 day of Sept., 1973.
T. E. Holloran
Thomas Holloran, Mayor
ATTEST:
Elsa Wiltsey
Village Clerk
Published: September 19, 1973
ORDINANCE NO. 76
AN ORDINANCE NAMING AND RENAMING CERTAIN STREETS; ES-
TABLISHING A SYSTEM OF NUMBERING FOR HOUSES; REQUIRING
DISPLAY OF NUMBERS; ESTABLISHING A PENALTY FOR FAILURE
TO DISPLAY; PROVIDING FOR APPLICATION TO CLERK
is The Village Council of the Village of Shorewood, Minnesota ordains:
SECTION 1. STREET NAMES
Subdivision 1. So as to eliminate confusion of two or more streets with
similar names, the names of the following streets, public and private, have
been renamed as follows:
Street name changed from To newly designated street name
Houton - located in South 1 12,
Sec. 32, T117, R23 Cathcart Drive
Knapps Point - located in North
1 /2, Sec. 35, T117, R23 Christmas Lake Point
Lee Street - located in South 1 /2,
Sec. 34, T117, R23 Galpin Lane
Linden Drive - located in South
1 /2, Sec. 34, T117. R23 Lake Linden Drive
Maple Street • located in South
1 12, Set. 33, T117, R23 Mann Lane
Cty. Rif. 82 - located in South 42,
Sec. 35, T117, R23 Mill Street
Ridgewood Road - located in
North r /z, Sec. 25, North 1 12,
Sec. 26, T117, R23 Rustic Way
First Avenue - located in South
1 12, Sec. 33, T117, R23 Eureka Road
Second Avenue - located in South
1 /2, Sec. 33, T117, R23 Seamans Drive
Oak Ridge Road - located in South
1 /2, Sec. 25, T117, R23 Shady Hills Circle
Maple Avenue - located in South 1 12,
Sec. 32, T117, R23 W. 62nd Street
Lake Street - located in North 42,
Sec. 33, T117, R23 Wedgewood Drive
Horton Avenue - located in South
42, Sec. 32, T117, R23 Church Road
Park Avenue - located in South 42,
Sec. 34, T117, R23 Cardinal Drive
Birch Bluff Lane - located in
North 42, Sec. 32, T117, R23 Sylvan Lane
Nancy Lane - l in South r /z,
Sec. 25, T117 17, , R23 Shady Lane
Grove Street - located in South
42, Sec. 34, T117, R23 Grant Street
Subdivision 2, The following street, public and private, shall hereafter be
known as follows:
Bracketts Road Srh, 535, T117, R23
Eureka Way Nr /z, 532, T117, R23
Radisson Entrance N /z, 536, T117, R23
Brom's, Blvd. 542, 525, T117, R23
Smithtown Lane N42, S32, T117, R23
Knightsbridge Road S42, S25, T117, R23
Devonshire Circle S42, S25, T 117, R23
Subdivision 3. All other streets and roads, public and private, shall con-
tinue to be known by their present names.
SECTION 2. HOUSE NUMBERING
To assist in providing immediate access to all lots, buildings, and structures
in the Village the same -shall be numbered in accordance with the following
plan:
Subdivision 1. North -South numbers shall commence at the South border
of the Village and North -South streets shall begin at the number 4600 and run
to 6200.
Subdivision 2. East -West numbers shall commence at the East border of
the Village and East -West streets shall begin at the number 19200 and run to
28400.
Subdivision 3. 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 660 feet for North -South nurnbers.
Subdivision 4. The Village Clerk shall keep a chart showing the proper
street number of every lot, parcel and building in the Village, which shall be
open to inspection by anyone interested and shall assign a street number to
each house and /or structure in the Village.
Subdivisto 1 5. It shall be the duty of the owners and occupants of every
house and structure in the Village to display in a place visible from the street
figures at least 242 inches high showing the number of the house, building or
other structure occupied by him.
SECTION 3. PENALTY
Any person violating the terms of this ordinance shall, upon conviction
thereof, be fined a sum not to exceed $100.00 or shall be imprisoned for a
period not to exceed 90 days.
Passed by the Council this 8th day of October, 1973.
/s/ Thomas E. Holloran
Thomas E. Holloran, Mayor
ATTEST:
/s/ Elsa Wiltsey
Elsa Wiltsey, Village Clerk
Published: The Maverick Newspaper, October 17, 1973
LEGAL NOTICE
ORDINANCE NO. 77
AN ORDINANCE FOR-THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER,
CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE
OF LAND, THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILDINGS ON LOTS
AND THE DENSITY OF POPULATION IN THE VILLAGE OF SHOREWOOD, MINNESOTA.
THE VILLAGE COUNCIL OF THE VILLAGE OF SHOREWOOD, MINNESOTA DOES
ORDAIN:
Section 1. PREAMBLE AND PURPOSE
Subdivision 1. PREAMBLE
The Village of Shorewood is a Residential Community located on the South shore of Lake
Minnetonka and it includes within its boundaries the largest portion of Christmas Lake, Silver
Lake, Galpin Lake and Lake Mary together with numerous inlets, harbors, bays, wetlands,
woods, and valleys The name of this Village denotes its' character - -a village of shore, land,
water and woods -- natural assets its' citizens hold in trust for future generations. It is in the pub-
lic interest to protect these assets against haphazard, unco-ordinated and unplanned develop-
ment. It behooves this community to look ahead and anticipate the needs of Its' people; this, of
course, recognizes the need for "change ". In developing and building for tomorrow, it is the
+lope of this Village that the past be not discarded, but that there be a melding of our roots
with the future so that thi$ community can give its' people a lasting environment and preserve
its' quality of life. It is with the intent of keeping the best of the present, perpetuating the
values of the past and recognizing the need to change for the future that the Village of Shore-
wood adopts these standards, rules, and requirements
Subdivision 2. PURPOSE
This Ordinance is adopted for the purpose of promoting and protecting the public health, safe-
ty, morals, comfort and general welfare of the Village, providing adequate light and air, encour-
aging the most appropriate use of land throughout the Village, by providing proper population
densities, protecting lake shore and uses thereof *om harmful encroachments and restricting
certain uses thereof which may pollute the adjoining waters, protect!ng residential and business
areas alike from harmful encroachments by incompatible uses, preventing such additons to and
alterations or remodeling of existing buildings or structures as would not comply with the re-
strictions and limitations imposed hereinafter, controlling unavoidable nuisance producing uses,
and defining powers and duties of administrative offices prescribing penalties for the violation
of the provisions of this Ordinance or any amendment thereto.
Section 2 TITLE
This Ordinance shall be known and may be referred to as the "SHOREWOOD ZONING ORDIN-
ANCE". When used herein, the words "this Ordinance" shall be deemed to mean and refer to
the Shorewood Zoning Ordinance.
Section 3 INTENT
The intent of this ordinance shall be:
To regulate and limit the height and bulk of buildings hereafter to be erected;
To establish, regulate and limit the building or setback lines on or along any street, traffic -way,
drive or parkway;
To regulate and limit the intensity of use of lot areas and to regulate and determine the area of
open spaces within and surrounding buildings hereafter to be erected;
To classify, regulate and restrict the location of trades and industries and the location of build-
ings designed for specified industrial, business, residential, and other uses;
To divide the entire municipality into districts of such number, shape and area, and of such
different classes according to use of land and buildings, height and bulk of buildings, intensity
of use of lot areas, area of open spaces, and other classifications, as may be deemed best suited
to regulate development;
To fix standards to which buildings or structures therein shall conform;
To prohibit uses, buildings or structures incompatible with the character of established districts;
To prevent additions to and alteration or remodeling of existing buildings or structures in such a
way as to avoid the restrictions and limitations lawfully imposed;
To classify, regulate and restrict the use of property on the basis of land use relationship;
To provide for variences from such regulations, standards, restrictions and limitations;
To provide for conditional uses, within the established districts;
To provide administrative bodies and procedures as shall be necessary to the implementation and
enforcement of the various provisions of this Ordinance;
To provide for the orderly amendment of this Ordinance; and
To provide regulations pertaining to pre - existing lots, structures and uses which do not conform
to the regulations, standards, restrictions and limitations established by this Ordinance.
Section 4 GENERAL PROVISIONS
Subd. 1 JURISDICTION. This Ordinance shall apply to all the area inside the corporate lim-
its of the Village of Shorewood.
Subd. 2 INTERPRETATION. In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements for the
promotion of the public health,
safety, comfort, morals and general welfare. Where the provisions of this Ordinance impose
greater restrictions than those of any statute, other ordinance or regulation, the provisions of
this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or re-
gulation impose greater restrictions than this Ordinance, the provisions of such statute, other
ordinance or regulation shall be controlling.
Subd.3 COMPLIANCE
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural
alteration or relocation of existing buildings occurring hereafter, and all enlargements of or
additions to existing used occurring hereafter shall be subject to all regulations of this Ordinance
which are applicable to the zoning districts in which such buildings, uses or land shall be located.
However, where a building permit for a building or structure has been issued in accordance with
law prior to the effective date of this Ordinance, which has not by its terms expired prior to
such effective date and provided that construction is begun before the permit's expiration and
within one year of its effective date and diligently prosecuted to completion, said building or
structure may be completed in accordance with the approved plans on the basis of which the
building permit was issued; and further, may upon completion be occupied under a certificate
of occupancy by the use for which originally designated, subject thereafter to the provisions of
this Ordinance relating to non - conformities.
Subd.4 SEVERABILITY
It is hereby declared to be the intent of the Village of Shorewood that the several provisions of
this Ordinance are separable in accordance with the following rules:
A. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be in-
valid, such judgment shall not affect any other provisions of this Ordinance.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision
of this Ordinance to a particular property, building or structure, such judgment shall not affect
the application of the said provision to any other property, building or structure.
Subd. 5 WORD USAGE. Within this Ordinance, words used in the present tense shall include
the future; the singular shall include the plural and the plural the singular; the masculine shall
Include the feminine and the feminine the masculine. The word "shall" is mandatory and not
discretionary; the word "may" is permissive.
Subd. 6 DEFINITIONS. When used in this Ordinance, the following terms shall be deemed to
have the meanings herein ascribed to them:
ACCESSORY USE: A use subordinate to and serves the principal building or use subordinate in
area, extent or purpose to the principal building or use served; contributes to comfort, conveni-
ence or necessity of occupants of the principal building or principal use served and Is located on
the same zoning lot a's the principal building or principal use served.
ALLEY: . A public or private thoroughfare which affords only a secondary means of access to
abutting property.
ALTERATION: Shall mean any change in size, shape, character or use of a building or struc-
ture.
APARTMENT: A room or suite of rooms in a multi - family or multi -use building arranged and
intended as a place of residence for a single family or a group of individuals living together as a
single housekeeping unit.
APARTMENT BUILDING: Any building or portion thereof which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied as the home or residence of three
or more families living independently of each other and doing their own cooking in the said
building, and shall include flats and apartments.
AUTOMOBILE WASH (Car Wash):. Any building or premises, or portion thereof, the use of
which Is devoted to the business of washing automobiles for a fee whether by automated clean.
ing devices or otherwise.
AUTOMOBILE SERVICE STATION: Any building or premises, or portion thereof, used or
intended to be used for the retail dispensing or sales of automobile fuels, which activity may be
accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies, o r
minor repairing of automobiles.
AUTOMOBILE OR TRAILER SALES LOT: An open area other than a street used for the dis-
play, sale or rental of new or used motor vehicles or trailers in operable condition and where no
repair work is done.
AUTOMOBILE WRECKING, SALVAGE YARD: The dismantling or disassembling of used
motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
BASEMENT: A portion of a building located partly underground but having less thar?half its
clear floor to ceiling height below grade.
BOARDING HOUSE: A dwelling where meals or lodging, or both, are provided for compensa-
tion to three or more persons, who are not transients, by prearrangement for definite perrods,in
contradistinction to hotels and motels as herein defined.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protec-
tion of persons, animals or property. When a structure Is completely divided into parts by an
unpierced wall or walls extending from the ground to the top of such structure, each such part
shall be deemed a separate building.
CELLAR: A portion of a building located partly or wholly underground and having half or
more than half its clear floor to ceiling height below grade.
CLINIC: An establishment where patients, who are not lodged overnight, are admitted for
examination and treatment by one or more of a group of physicians or dentists, or both, prac-
ticing together.
DISTRICT: A section' or sections of the Village of Shorewood for which the provisions of this
Ordinance are uniform.
DRIVE -IN ESTABLISHMENT: An establishment which by design of physical facilities or by
service or packaging procedures encourages or permits customers to receive a service or obtain
a product which may be used or consumed in a motor vehicle on the premises,
DWELLING: Any building or portion thereof which Is designed or used for residential pur-
poses.
DWELLING, SINGLE FAMILY: A detached building designed for and occupied by not more
than one family.
DWELLING, TWO FAMILY. A two unit attached building designed for and occupied by not
more than two families.
DWELLING, MULTIPLE FAMILY: A building designed for or occupied by more than two
2 families.
DWELLING, CLUSTER OR GROUP: A group of two or more detached dwellings located on
a parcel of land having yard, open area or court in common control.
DWELLING UNIT: A dwelling or portion of a dwelling or of an apartment used by one family
for cooking, home and sleeping purposes.
EASEMENT: A grant by an owner of land'for the specific use of said land by the public gener-
ally, or to a person or persons.
FAMILY: One or more persons related by blood, marriage or adoption, or not more than four
persons not so related, occupying a dwelling and living as a single housekeeping unit, as disting.
uished from a group occupying a boarding house, private club or hotel as herein defined.
FENCE: Is a structure which provides a barrier between adjacent property and the area en.
closed.
FLOOR AREA: The floor area of a building Is the sum of the gross horizontal areas of the sev-
eral floors of the building, measured from the exterior faces of the exterior walls, or from the
centerline of a wail separating two buildings. The floor area of a building shall include basement
floor area but shall not include cellar floor area.
FLOOR AREA RATIO (FAR): The floor area ratio of the building or buildings on any lot or
site area is the gross floor area of the building or buildings on that lot or site area divided by the
area of such lot. When used in this Ordinance, the floor area ratio multiplied by the lot or site
area in question produces the maximum amount of floor that may be constructed on such lot,
or site area.
FOOT CANDLE: A unit of illumination. Technically, the illumination at all points one foot
distant from a uniform point source of one candle power.
FRONTAGE: is that part of a lot fronting on the street, and is measured between side lot lines
and shall, in the case of a corner lot, include both sides of the lot with street facings
GARAGE, PRIVATE: An accessory building, or part of a principal building, used primarily for
the parking and storage of automobiles owned or operated by the residents of dwellings located
on the lot on which the garage is located and having a capacity of not more than three motor -
driven vehicles for each dwelling unit located on such lot.
GARAGE, REPAIR: Any facilities not included in the definition of garage, private, for the re-
pair, maintenance or storage of motor vehicles, but not including auto wrecking establishments
or junk yards.
GRADE: (a) For buildings more than five feet from any street line, the average level of the
finished surface adjacent to the exterior walls of the building.
(b) For buildings having one or more exterior walls within five feet of a street line or
lines, the average of the elevations of the sidewalk or sidewalks, or their equivalent established
ground surface, adjacent to such street line or lines.
HALF STORY: That portion of a building under a sloping gable, hip or gambrel roof, the wall,
plates of which on at least two opposite exterior walls are not more than three feet above the
floor of such story. No such half -story shall be used for occupancy except in conjunction with
and by the occupants of the floor immediately below it.
HEIGHT OF BUILDING: The vertical distance measured from the sidewalk level, or its equiva-
lent established ground surface, opposite the middle of the front of the building to the highest
point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height level
(between eaves and ridge) for gable and hip roofs.
HOME OCCUPATION: Any use customarily conducted entirely within a dwelling by the occu-
pants only is clearly incidental to and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof. Clinics, kennels, hospitals, barber shops,
dancing schools, beauty parlors, boarding homes, nursery schools or day nurserys, and vehicle
rebuilding or the like are not home occupations. Home occupations shall be permitted in all
rialsidential districts.
HOSPITAL: An institution providing health services and medical or surgical care, primarily for
in- patients, to three or more non - related individuals suffering from illness, disease, injury, defor-
mity, or other abnormal physical or mental condition, and including as an integral part of the
institution related facilities such as laboratories, out - patient facilities or training facilities.
HOTEL: A building in which lodging is provided and offered to the public for compensation
which is open to transient guests, in contradistinction to a boarding house as herein defined.
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, rubber products, glass products, lumber products, and products resulting
from the wrecking of automobiles or other machinery. The presence of two or more unlicensed
automotive vehicles not currently licensed shall be considered a junk yard.
KENNEL: Is any place or premises where dogs and cats are maintained, boarded, bred or cared
for in return for remuneration or kept for the purpose of sale.
LAUNDROMAT: An establishment providing washing and /or drying machines on the premises
for rental use to the general public for family laundering purposes,
LABORATORY: A place devoted to experimental study such as testing and analyzing materials,
not including manufacturing or packaging or such materials, except incidentally.
LIVABLE FLOOR AREA: The square footage of floor area of a dwelling measured from the
outside of the exterior walls, but not including attics, cellars, unfinished basements, open por-
ches, breezeways and garages. Only that floor area having a ceiling height of five feet or more
shall be considered as livable floor area. An unfinished floor may be included as livable floor
area provided plans are submitted to the Enforcement Officer indicating in detail the layout of
the rooms and, provided further, rough plumbing, heating ducts and electric circuits are installed
during construction of the building.
LOADING SPACE: An open, hard - surfaced area, other than street or public right -of -way, the
principal use of which is for the standing, loading, and unloading of trucks and trailers.
• LOT: Land occupied or to be occupied by a building and its accessory buildings, or a principal
use, together with such open spaces as are required under this Ordinance, and having its princi-
pal frontage upon a street or right -of -way or easement shown on a plat of survey which has been
submitted to and approved by the Village Council of the Village of Shorewood.
LOT, CORNER: A lot abutting upon two or more streets at their intersection or junction or a
lot bounded on two sides by a curving street where it is possible to draw two intersecting
chords, one each commencing at each of the two points of intersection of the lot lines and
street line, which intersect with each other to form an interior angle of less than 120 degrees.
LOT COVERAGE: The area of a lot occupied by the principal and accessory buildings,
LOT, DEPTH OF: The mean horizontal distance between the front and the rear lot lines. ,
LOT, DOUBLE FRONTAGE: A lot having frontage on two non - intersecting streets, as dis. A
tinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot as defined herein.
LOT OF RECORD: A parcel of land that is recorded as a lot in a subdivision that has been re.
corded on the records of the Registrar of Deeds of Hennepin County,
LOT WIDTH: The width of a lot shall be measured at the building setback line and shall be the
mean width measurement at that point.
LOT LINE, REAR: Shall be that boundary of a lot which is most distant from and is most
nearly parallel to the front lot line.
LOT LINE, FRONT: Shall be that boundary of a lot which is along an existing or dedicated
public street, except in such case where a lot has a public street on more than one side in which
case the smaller of such lot dimensions shall be the front of the lot.
LOT LINE, SIDE: Shall be any boundary of a lot which is not a front or rear lot line.
LOT, ZONING: Is a single tract of land which is designated by its owner or developer as a tract
to be used, developed, or built upon as a unit under single or central ownership. Therefore, a
zoning lot or lots may or may not coincide with a lot of record. -
MINIMUM AREA REQUI REMENT: Is the minimum size site or lot dimensions allowable for a
structure.
NURSERY SCHOOL: is a place established for the business of caring for, training or entertain-
ing children for a fee.
MOTEL: A series of sleeping or living units, for the lodging of transient guests, offered to the
public for compensation, and with convenient access to off - street parking spaces for the exclu-
sive use of the guests or occupants.
NON - CONFORMING BUILDING OR STRUCTURE: Any building or structure lawfully exist -
ing at the time of the approval of this Ordinance, or any amendment to it rendering such
building or structure non - conforming, which:
(a) does not comply with all of the regulations of this Ordinance, or any amendment hereto,
governing bulk, height and yard requirements for the zoning district in which such building or
structure is located; or
(b) is designed or intended for a non - conforming use.
NON - CONFORMING LOT OF RECORD: An unimproved lot which does not comply with the
lot size requirements for any permitted use in the district in which it is located.
NON - CONFORMING USE: Any building or land lawfully occupied by a use at the time of the
approval of this Ordinance, or any amendment to it rendering such use nonconforming, which
does not comply with all of the regulations of this Ordinance, or any amendment hereto, gov-
erning use for the zoning district in which such use is located.
NURSING HOME: An establishment which provides full -time convalescent or chronic care, or
both, for three or more individuals who are not related by blood or marriage to the operator
land who, by reason of advanced age, chronic illness or informity, are unable to care for them.
selves. No care for the acutely Ill, or surgical or obstetrical services, shall be provided in such an
establishment; a hospital shall not be construed to be included in this definition.
ODOROUS MATTER: Any material that produces an olfactory response among human beings.
ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an
olfactory response in a human being
PARKING LOT: A parcel of containing one or more unenclosed parking spaces whose use
is principal *to the lot as differentiated from an accessory use, es on a residential lot. .
PARKING SPACE: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1)
motor vehicle, together with a street or alley and permitting Ingress and egress of an automo-
bile.
PARKING STRUCTURE: A deck or building, or part thereof, used or Intended to be used for
the parking and storage of motor vehicles at one more levels.'
PARTICULATE MATTER: Material other than water which Is suspended or discharged Into
the atmosphere in a finely divided form as a liquid or solid.
PLANNED DEVELOPMENT: See Section 27.
PRINCIPAL USE: The purpose for which land or a' building or structure thereon is designed,
arranged, Intended or maintained or for which it Is or may be used or occupied.
PRINCIPAL BUILDING: A building In which is conducted the principal use of the lot on
which Is it situated.
PRIVATE CLUB OR LODGE: A building and related facilities owned or operated by a corpor-
ation, association or group of persons for social educational or recreational purposes of memb-
ers regularly paying dues, but not primarily for profit or to render a service which is customari-
ly carried on as a business.
RESTAURANT: An establishment where food is available to the general public for consump.
tion on the premises.
RESTAURANT, CARRY -OUT: An establishment which by design of physical facilities or by
service or packaging procedures permits or encourages the purchase of prepared, ready -to -eat
foods intended to be consumed off the premises.
RINGLEMANN CHART: A chart described by the U.S. Bureau of Mines in their information
Circular No. 6888, upon which are illustrated graduated shades of gray for use In estimating the
light obscuration capacity of smoke or its equivalent.
SCHOOL, PRIMARY, SECONDARY, COLLEGE OR UNIVERSITY: Any accredited school
having regular sessions with regularly employed instructors teaching subjects which are fund-
amental and essential for a general academic education, under the supervision of, and in accord-
ance with, the applicable statutes of the State.
SETBACK: The minimum horizontal distance between a wall of a building and a lot line.
SIGN: A name, identification, description, display or illustration which is affixed to, or paint-
ed, or represented directly or indirectly upon a building, structure or piece of land and which
directs attention to an object, product, place, activity, institution, organization, idea or busi-
ness.
However, a "sign" shall not include any display of official court, public office notices or traf-
fic signs, nor shall it include the flag, serarate emblem or insignia of a nation, political unit or
school or religious group, or incombustible tablet or lettering built into the wall of a building
or other structure. A "sign" Inside a building Is not included unless its face is visible only from
the exterior of a building. Each display surface of a sign shall be considered to be a "sign ".
SIGN ADVERTISING (Billboard, Signboard): A sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere than upon the prern-
ises where such sign is located or to which it is affixed.
SIGN, BUSINESS: A sign which directs attention to a business or professional conducted or to
a commodity, service or entertainment sold or offered upon the premises where such sign Is lo-
cated or to which It Is affixed.
SIGN, FLASHING: Any illuminated sign Including any sign illuminated by reflected or refract-
ed light on which the artificial light is not maintained stationary and /or constant in intensity
and color at all times when such sign Is in use. For the purpose of this ordinance, any revolving
illuminated sign shall be considered a "flashing sign ".
SIGNS - PROJECTED: A projected sign shall consist of any sign which is attached to or repre-
sented on the surface of a building wall whose leading edge extends greater than fifteen (15)
Inches.
SIGN - SURFACE AREA: The surface area of a sign is the total area that will contain the sign.
For signs which are not rectangular in shape, the area shall be calculated upon the area of the
smallest polygon which completely encloses the sign. For multi -faced signs, each display face
shall be measured. Any material or color framing used to differentiate such sign from the back-
ground of the building or structure shall be included in measurement of surface area.
In no case shall the supports, uprights by which the sign is supported, be Included in determin-
Ing the surface area of the sign unless such Items are an integral part of the display. The En-
forcement Officer may Interpret the measurement of sign area in a liberal, consistent Interpreta-
tion, In no case shall temporary paper, water color, chalk, etc., signs that are displayed in win-
dows be counted as sign surface area.
SMOKE: Small gas -borne particles other than water that form a visible plume in the air.
STORY: That portion of a building included between the surface of any floor and the surface
of the floor next above it, or, if there be no floor above it, then the space between the floor
and the ceiling next above it. A basement designed or used for dwelling purposes for other than
a janitor, maintenance man or watchman, or for commercial purposes other than storage, shall
be counted as one -half story. A cellar used for commercial purposes other than storage shall be
counted as one -half story. No other basement or cellar shall be counted as a story. Any level or
deck used exclusively for parking purposes shall be counted as one -half story.
STREET: A public thoroughfare which affords principal means of access to abutting property.
STRUCTURE: Anything constructed or erected, the use of which requires more or less perman-
ent location on the ground, or attached to something having a permanent location on the
ground.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as
bearing walls or partitions, columns, beams or girders, or any substantial changes in the roof.
SUBDIVISION: The division of land into two or more parcels of land of not less than two and
one half (2ih) acres in area and 150 feet in width or is a single parcel of land of not less than
five (5) acres and having a width of not less than 300 feet.
TERRACE: A level plan or surfaced patio, directly adjacent to the principal building on the
surface of the land or on the roof of a building.
TOWNHOUSES: A group of attached single family dwelling units on a common lot.
WETLANDS: Lands that have been designated by the Village Wetlands Ordinance because of
topographic and similar conditions, as areas exempt from inclusion in the computation for pub-
lic sewer service and from the determination of gross acreage for dwelling unit purpose.
YARD: An open space between a building and any lot line which Is open to the sky unobstruct-
ed by any permanent or temporary uses or structures.
YARD, FRONT: A yard extending across the entire front of the lot and measured between the
front line of the lot and the front line of the building, or any projection thereof other than
steps, balconies, paved terraces, porches or bay windows.
'YARD, OPEN: A yard in addition to front, side, and rear setbacks, in which no structure, drive -
way, or parking space shall be located.
iYARD, REAR: A yard extending across the entire rear of a lot and measured between the rear
;lot line and the rear of the building, or any projection thereof other than steps, balconies, pav-
ed terraces, porches or bay windows. On corner lots the rear yard shall be considered as parallel
to the street upon which the lot has its feast dimension. On both corner lots and Interior lots
the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot extending from the
front yard to the rear yard and measured between the sideline of the lot and the side of the
building or any projection thereof other than steps, balconies, paved terraces, porches or bay
windnwc
YARD CORNER: Is a yard which adjoins a public street on two or more contiguous sides.
ZONING ENFORCEMENT OFFICER: The official designated by the Village Council to ad-
minister and enforce this Ordinance.
ZONING DISTRICT: Is an area or areas within the limits of the Village for which the regula-
tions and requirements governing use, lots and bulk of buildings and premises are uniform.
SECTION 5 ADMINISTRATIVE BODIES
Subd. 1 ENFORCEMENT OFFICER. An administrative staff member designated by the Village
Council shall be the Enforcement Officer and shall be responsible for the enforcement of this
'Ordinance. The duties of the Enforcement Officer "shall tie' as follows:
A. Examine all applications pertaining to the use of land, buildings, or structures, and grant ap•
proval of, and Issue permits or take other appropriate action on, such applications when In
conformance with the provisions of this Ordinance.
B. Keep a record of all non - conforming uses.
C. Periodically Inspect buildings, structures, and uses of land to determine compliance with the
terms of thid Ordinance.
D. Notify, In writing, any person responsible for violating a provision of this Ordinance, Indi-
cating the nature of the violation and ordering the action necessary to correct It.
'E. Order discontinudnce'of Illegal use of land, buildings or structures; order removal of illegal
buildings, structures; additions, or alterations; order discontinuance of illegal work being
done; or take any other action authorized by this Ordinance to insure compliance with or
to prevent violation of its provisions.
F. Maintain permanent and current records of this Ordinance, Including all maps, amendments,
conditional uses and variances
G. Maintain a current file of all permits, zoning certificates, certificates of occupancy and
notices of violation, discontinuance or removal for such time as necessary to Insure a con-
tinuous compliance with the provisions of this Ordinance and, on request, Provide Informa-
tion to any persons having a proprietary or tenancy Interest in any specific property.
Subd 2. PLANNING COMMISSION
A. Creation and Membership. "A Planning Commission consisting of seven members shall be
appointed by the Mayor with the advise and consent of the Village Council, to serve respective-
ly for three (3) year terms The Mayor with the advise and consent of the Village Council shall
appoint a chairman from among the members of the Planning Commission.
The Mayor with the advise and consent of the Village Council shall have the power to remove
any member of said Planning Commission for cause after a public hearing. Vacancies upon the
Planning Commission shall be filled for the unexpired term of the member whose place has be-
come vacant in the manner herein provided for the appointment of members.
B. Meetings All meetings of the Planning Commission shall be held at a regularly scheduled
date or at the call of the Chairman or at the request of a majority of the members of said Com-
mission. All hearings conducted by the Planning Commission shall be open to the public The
Planning Commission shall keep minutes of its proceedings showing the vote of each member
upon every question, or if abpnt oil.jalling to vote Indicating such fact, and shall also keep
records of its hearings and other official actions. Findings of fact shall be Included In the min-
utes of each case and the reasons for recommending or denying such request shall be specified.
Every requirement, decision, or determination of the Planning Commission shall be filed im-
mediately with the Village Council and shall be a public record. The Planning Commission shall
adopt its own rules of procedure not inconsistent with the statutes of the State of Minnesota or
with this Ordinance.
C. Quorum. No hearing shall be conducted by the Planning Commission without a quorum,
consisting of the majority of all the members, being present. The concurring vote of the ma-
jority of the members shall be necessary to any action by the Planning Commission.
D. Jurisdiction and Duties
1. The Planning Commission shall have the following jurisdiction and duties:
(a) To prepare and recommend to the Village Council a comprehensive plan for develop-
ment of the Village. The plan shall Include reasonable requirements for streets, public
grounds, and other public facilities and for the use of land within the corporate limits
(b) To recommend to the Village Council changes to the Comprehensive Plan.
(c) Recommend to the Village Council plans for Improvements pursuant to the Compre-
hensive Plan and to aid the Village Council in the development and completion of such pro-
jects.
(d) To hear, review, Initiate and offer recommendations to the Village Council on applica-
tions for amendments to this ordinance, variances, conditional uses and planned develop-
ments.
Section 6 APPEALS, VARIANCES AND AMENDMENTS
Subd. 1 APPEALS
A. Authority. The Village Council shall hear and decide appeals from and review any order,
requirement, decision or determination made by the Enforcement Officer in the enforcement
of this Ordinance.
B. Procedure
1. An appeal may be taken to the Village Council by any person or by any officer, depart-
ment, board or commission of the Village affected by a decision of the Enforcement Of-
ficer. Such appeal shall be taken within 45 days of the action complained of by filing with
the Enforcement Officer and with the Village Clerk a notice of appeal specifying the
grounds thereof. A nonrefundable filing fee, established from time to time by the Village
Council to cover administrative costs and costs of the hearing, shall accompany the notice
of appeal filed with the Village Clerk. The Enforcement Officer shall forthwith transmit to
the Village Council all of the papers constituting the record upon which the action appealed
from was taken.
2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the
Enforcement Officer certifiestq the V111age Council after the notice of appeal has been filed
with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property, in which case the proceedings shall not be stayed other-
wise than by a restraining order, which may be granted by the Village Council or by a court
of record on application, on notice to the Enforcement Officer and on due cause shown.
3. A public hearing shall be set, advertised and conducted by the Village Council in accord-
ance with Section 8 of this Ordinance.
4. Within 30 days following the close of the public hearing, the Village Council shall render
a decision on the appeal.
NZ _
Subd.2 VARIANCES
A. Authority. Except as otherwise expressly provided, the Village Council may authorize
size variances from the provisions of this Ordinance as will not be contrary to the public inter-
est. Variances may be authorized only in those specific Instances enumerated in Article C be-
low and then only when the Village Council has made findings of fact as hereinafter required.
B. Procedure.
1. An application for a variance shall be submitted to the Village Clerk. A non - refundable
application fee of $75.00 to -cover administrative costs and costs of the hearing, shall ac-
company each application. The application shall contain the following information, as well
as such additional information as may be prescribed by rule of the Village.Council. In such
case where the variance only affects the location of a residence on a lot, the prescribed fee
and procedures contained herein shall be waived and a direct application to the Village
Council, with written consent of all neighboring properties within 200 feet shall be submit-
ted to the Village Council for consideration of the request.
(a) The particular requirements of this Ordinance which prevent the proposed use or con-
struction;
(b) The characteristics of the subject property which prevent compliance with the said re-
quirements of this Ordinance-,
(c) The minimum reduction of the requirements of this Ordinance which would be neces_
sary to permit the proposed use or construction; and
(d) The particular hardship which would result if said particular requirements of this Ordin-
ance were applied to the subject property.
2. A public hearing shall be set, advertised, and conducted by the Village Council in ac-
cordance with this Ordinance,
'3. Within 30 days following the close of the public hearing, the Village Council shall render
Its decision granting or denying the variance. Such decision shall be accompanied by find-
ings of fact and shall refer to any exhibits crntaining plans and specifications for the pro-
posed variance, which such plans and specifications shall remain a part of the permanent
records of the Village Council. The findings of fact shall specify the reason or reasons for
granting or denying the variance. The terms of relief granted shall be specifically set forth in
a conclusion or statement separate from the findings of fact.
C. Conditions for Variances
1. A variance shall be permitted only if it is established that it is in harmony with the gen-
eral purpose and intent of this Ordinance and that there are practical difficulties or particu-
lar hardships in, the way of carrying out the strict letter of the provisions of this Ordinance.
I n its consideration of the standards of practical difficulitles or particular hardship, the Vil-
lage Council shall require evidence that:
(a) The property In question cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations governing the district in which it is located;
(b) The plight of the owner Is due to unique circutnstance not applicable to adjacent land-
holdings within the same district; and
(c) The variation, if granted, will not alter the essential character of the locality.
2. A variance shall be granted only If the evidence, in the judgment of the Village Council sus-
tains each of the three conditions enumerated in subparagraph 1 hereof, and then only by a
four - fifths vote of the entire council, r
3. Variances from the provisions of this Ordinance shall be granted by the Village Council only
'in accordance with the provisions of sub- paragraphs 1 and 2 hereof, and may be granted only
In the following Instances, and in no others:
(a) To vary the applicable lot area, lot width, and lot depth requirements; provided, how-
ever, that the minimum lot area per dwelling unit requirements for multiple family dwellings
shall not be varied so as to permit more than one dwelling unit in addition to the number
that would be permitted by strict application of the minimum lot area requirements.
(b) To vary the applicable bulk regulations, including maximum height, lot coverage and
floor area ratio, and minimum yard requirements
(c) To vary the applicable off- street parking and off - street loading requirements.
(d) To vary the regulations relating to restoration of damaged or destroyed non - conforming
structures
4. Specific conditions and safeguard may be imposed upon the premises benefited by a vari-
ance as considered necessary to prevent injurious effects upon other property in the neighbor
hood or upon public facilities and services Violation of such conditions and safeguards shall be
a violation of this Ordinance.
5- No variance permitting the erection or alteration of a building shall be valid for a period
longer than one year unless a building permit for such erection or alteration is issued and con-
struction is actually begun within that Perlod and is thereafter diligently pursued to comple-
tion.
Subd. 3 AMENDMENTS
A. Authority. This Ordinance and the Zoning District Map may be amended from time to time
by ordinance duly enacted by the Village Council.
B. Initiation. Proposed changes or amendments may be initiated by the Village Council, by the
Zoning Board of Adjustment, by the Planning Commission or by any one or more owners of
real estate in the Village,
C. Procedure.
1. When any proposed change or amendment is Initiated by an owner or owners of real
estate in the Village, an application for such amendment, addressed to the Village Council,
shall be filed with the Village Clerk. A non - refundable application fee of $200.00 shall be
charged to cover administrative costs, and shall accompany the application.
The application shall be in such form and contain such information as shall be prescribed
from time to time by the Planning Commission, but shall in all Instances contain the follow-
ing information:
(a) The applicant's name and address;
,(b) The precise wording of any proposed amendment to the text of this Ordinance; and
(c) in the event that the proposed amendment would change the zoning classification of
any property:
(1) A legal description and street address of the property proposed to be re- classified,
(2) The name and address of the owner or owners of the said property,
(3) The present zoning classification and existing uses of the property proposed to be re-
classified.
(4) The area of the property proposed to be reclassified, stated in square feet or acres, or
fraction thereof, and
(5) A map; drawn to scale, clearly showing the property proposed to be reclassified and
its present zoning classification and existing uses.
2. A public hearing shall be set by the Village Clerk, advertised and conducted by the Plan-
ning Commission in accordance with Section 8 of this Ordinance,
3. Within 90 days following the filing of the Amendment request, the Planning Commission
shall transmit to the Village Council its recommendation in the form of a written report.
Such report shall be accompanied by findings of fact specifying the reasons for the recom-
mendation.
4. Within 60 days of the receipt of the report of the Planning Commission, the Village Coun-
cil shall refuse, or by a 4/5 vote of the entire Council duly enact the proposed amendment.
Section 7 CONDITIONAL USES
Subd. 1 AUTHORITY
The Village Council may, after review and recommendation by the Planning Commission, take
action upon a conditional use permit request.
Subd. 2 STANDARDS AND CONDITIONS FOR CONDITIONAL USES
A. A conditional use permit shall be granted for the following uses only:
1. Any use specifically listed as a conditional use in the regulations applicable to the district
in which it is to be located4
2. Cluster developments in accordance with the provisions of this Ordinance in any district ;
to and
3. Any of the following uses in any residential or commercial district:
(a) Religious institutions, provided there is a minimum site of 7 acres,the site is adjacent
to a street with vehicular traffic of over 2000 vehicles per day, and that the site further
Is adjacent to a commercial district.
(b) Community recreational buildings and fields provided they conform to the comprehen-
sive plan.
4. Any of the following uses in any district:
(a) Public structures to be used by the Village and the School District.
(b) Public structures to be used by the Village or school district provided all safety regula-
tions are met and such building or facility is sufficiently screened from adjacent proper-
ties.
B. A conditional use permit shall be granted only if evidence is presented to establish:
1. That the proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities
and other matters affecting the public health, safety and general welfare; and
2. That the proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable dis-
trict regulation.
C. The Village Council may impose such conditions upon the premises benefited by a condi-
tional use as may be necessary to prevent or minimize impact upon other property In the
neighborhood. Violation of such conditions and safeguards shall be a violation of this
Ordinance.
D. No conditional use permit shall be valid for a period longer than 1 year unless a building per-
mit is issued and construction actually begun within that period and is thereafter diligently
pursued to completion or any occupancy permit is obtained and a use commenced within
that period; provided, however, that in the case of conditional uses granted for planned
development, the provisions of, any approved development schedule shall control over the
provisions of this subparagraph.
Subd. 3 PROCEDURE
A. Prior to filing a formal application for a conditional use permit as hereinafter provided, a pro-
spective applicant may, by letter to the Chairman of the Planning Commission, request a
preliminary appearance before the Planning Commission at one of its regular public meet-
ings to generally acquaint the Planning Commission with the proposed request for a condi-
tional use and to obtain the preliminary views of the Commission prior to the expenditure
of funds necessary to prepare the complete documentation required for a formal application.
At such preliminary appearance,the prospective applicant shall present such information and
plans as he shall deem necessary to generally acquaint the Planning Commission with his
proposal.
At such preliminary hearing, the members of the Planning Commission may make such
inquiries and express such views concerning the proposal as they shall deem appropriate.
The Planning Commission may, by written order, excuse the prospective applicant from
submitting any specific item of information or document required which it may find to be
unnecessary to the consideration of the application to be filed.
B. Whether or not the procedures have been utilized, an application for a conditional use per-
mit shall be submitted to the Village Clerk. A nonrefundable application fee of $100.00 to
cover administrative costs and costs of the hearing, shall accompany each application.
C. Except as specifically excused by a written order of the Planning Commission, a copy of
which order shall be attached to the application, the application shall contain the following
information and be accompanied by the following submissions, as well as such additional
information and submissions as may be prescribed by rule of the Planning Commission:
1. Legal description of the tract of land;
2. Evidence that the applicant has sufficient control over the tract to effectuate the proposed
Plan, including a statement of all the ownership and beneficial interests in the tract of land
and the proposed development;
3. Evidence of the financial capability of the applicant to complete the proposed develop-
ment;
4. Plans drawn to convenient scale, showing the current zoning classification and existing
land use of the tract, and those tracts directly adjacent to it, and any significant topo-
graphical or physical features of the tract;
5. Three copies of preliminary plans, drawn to a convenient scale, showing the following
information:
(a) The location, size, use, and arrangement of proposed buildings and existing buildings
which will remain, if any.
(b) The proposed quantity and arrangement of off - street parking and loading spaces.
(c) The location of proposed entrance, exit, and circulation drives.
(d) The location, use and size of structure and other land uses on adjacent properties.
(e) Proposed lots and blocks, if any.
(f) Areas proposed to be conveyed, dedicated or reserved for public or common open
space, if any, including parks, playgrounds, school sites and recreational facilities.
(g) Preliminary sketches of proposed structures and landscaping.
(h) The general drainage plan for the developed tract.
(i) A tabulation of use areas, site coverage, parking spaces, residential density, floor area
devoted to commercial uses, and other development data;
6. When the proposed development includes provisions for common open space or recrea-
tional facilities a statement describing the provision that is to be made for the care and
maintenance of such open space or recreational facilities. If it is proposed that such open
space be owned and;or maintained by any entity other than a governmental authority,
copies of the proposed articles of incorporation any by -laws of such entity shall be sub-
mitted;
7. Copies of any restrictive covenants that are to be recorded with respect to property inclu-
ded in the proposed development;
8. When the development is to be constructed in stages or units, a schedule for the develop-
ment of such stages or units shall be submitted stating the approximate beginning and
completion date for each such stage or unit. No such stage or unit shall have a residential
density that exceeds by more than 25 percent the proposed residential density of the en-
tire development. When a development provides for common open space, the total area
of common open space provided at any stage of development shall, at a minimum, bear
the same relationship to the total open space to be provided in the entire development as
the stages or units completed or under development bear to the entire development;
9. When It deems it to be necessary, the Planning Commission may require a traffic survey
setting out and analyzing the effect that the development will have uporLtraffic in the
streets and thoroughfares adjacent to and in the proposed development;
10.A statement showing the relationship of the proposed development to the comprehensive
plan and future land use plan of the Village;
11. A statement as to why the proposed development will not cause substantial Injury to the
value of other property In the neighborhood; and
12. A statement as to how the proposed development Is to be designed, arranged and opera-
ted in order to permit the development and use of neighboring property in accordance
with the applicable district regulations.
D. A public hearing shall be set, advertised and conducted by the Planning Commission In accor-
dance with Section of this Ordinance.
E. Within 90 days after filing of the conditional use request, the Planning Commission shall tran.
smit to the Village Council a written report containing Its recommendations concerning the
proposed conditional use. Such report shall be accompanied by findings of fact specifying
the reasons for the recommendation.
In any case where a conditional use permit is sought for the purpose of establishing a
planned development district, the report of the Planning Commission shall contain specific
findings as to the degree of compliance of the proposed development with the standards
made applicable to planned developments by Section 27 of this Ordinance and as to the
degree to which the proposed development advances the purposes for which planned devel-
opments may be approved.
F. Except In the case of an application for a conditional use permit to establish a planned devel-
opment district, the Village Council shall, within 60 days of the receipt of the report of the
Planning Commission, grant or deny the conditional use or refer the matter back to the
Planning Commission for further consideration. The Village Council shall not grant a con-
ditional use unless it finds that the standards of this Ordinance have been satisfied. No con-
ditional use shall be granted except by 4/5's vote of the members of the Village Council.
Section 8 PUBLIC HEARINGS
A notice of the time, place and purpose of the hearing shall be published in the official news-
paper at least .teen days prior to the day of the hearing. When an amendment involved changes
in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at
least ten days before the day of the hearing to each owner of affected property and property
situated wholly or partly within 300 feet of the property to which the amendment relates For
the purpose of giving mailed notice, the person responsible for mailing the notice may use any
appropriate records to determine the names and addresses of owners. A copy of the notice and
a list of the owners and addresses to which the notice was sent shall be attested to by the re-
sponsible person and shall be made a part of the records of the proceedings The failure to give
mailed notice to individual property owners, or defects in the notice shall not invalidate the
Proceedings, provided a bona fide attempt to comply with this section has been made.
Section 9 ZONING AND OCCUPANCY CERTIFICATES
Subd.'1 ZONING CERTIFICATES.
A. Certificate Required. Unless a Zoning Certificate shall first have been obtained from the En-
forcement Officer:
1. The construction, reconstruction, remodeling or moving of any structure shall not be
commenced;
2. The improvement of land preliminary to any use of such land shall not be commenced;
and
3. Building or other permits pertaining to the construction, reconstruction, remodeling or
moving of any structure Into or within the Village or the use of any land or structure shall
not be Issued by any official, officer, employee, department, board or bureau of the Village
of Shorewood.
Any Zoning Certificate Issued in conflict with the provisions of this Ordinance shall be null
a ntl void.
B. Application for Zoning Certificate. Any application for a building permit which contains the
information required by this paragraph B shall be deemed to be an application for a Zoning
Certificate.
Every application for a Zoning Certificate shall contain at least the following information and
shall be accompanied by at least the following documents, unless any specifically required In-
formation or document is waived In writing by the Enforcement Officer as not relevant or
necessary to determine that all provisions of this Ordinance have been met in a particular case:
1. The certification of a registered architect or structural engineer licensed by the State of
Minnesota, or of an owner - designer, that the proposed construction, reconstruction, re-
modeling or moving complies with all of the provisions of this Ordinance on other than 1
and 2 family structures
2. A plat, in duplicate, of the piece or parcel of land, lot or lots, block or blocks, or parts or
portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot
or lots, block or blocks, or parts or portions thereof, according to the recorded plat of such
n land.
[ J J Y� 3. A site plan of the property, in duplicate, drawn to scale and in such form as may, from
time to time, be prescribed by the Enforcement Officer, illustrating the proposed develop-
ment of the property and Including the following:
(a) Property boundary lines dimensions of the property and north arrow;
(b) Location and dimensions of buildings.
(c) Location and dimensions of all driveways, entrances, parking stalls, loading spaces and
access aisles; and total lot coverage of all parking loading, driveway and aisle areas if applic-
able.
(d) The use of existing and proposed buildings, including the number of dwelling units and
the number of bedrooms;
4. The site plan submitted in connection with any application for a Zoning Certificate for
property located in the C -1, C -2, or C -3 Districts, or for property to be developed as a plan-
ned development, shall show all structures, streets and other significant physical features
within 200 feet of the boundary of the site, and shall be accompanied by such Information
as the Enforcement Officer shall require to determine that there will be compliance with all
applicable performance standards and use limitations
5. Compliance with Wetlands Ordinance section on filing of Earth Change Plan.
C. Issuance of Zoning Certificate. A Zoning Certificate shall be either issued or refused by the
Enforcement Officer within five working days after the receipt of an application therefore or
within such further period as may be agreed to by the applicant.
D. Period of Validity. A Zoning Certificate shall become null and void six months after the
date on which it was issued unless within sucn period construction, reconstruction, remodeling
or moving of a structure is commenced or a use is commenced.
Subd. 2 CERTIFICATE OF OCCUPANCY
A. Certificate Required. No structure, or addition thereto, constructed, reconstructed, remodel-
ed or moved after the effective date of this Ordinance shall be occupied or used for any pur-
pose; and no land vacant on the effective date of this Ordinance shall be used for any purpose;
and no use of any land or structure shall be changed to any other use, unless a Certificate of
Occupancy shall first have been obtained from the Enforcement Officer certifying that the pro-
posed use or occupancy complies, with all the provisions of this Ordinance.
B. Application for Certificate of Occupancy. Every application for a Zoning Certificate shall be
deemed to be an application for a Certificate of Occupancy. Every application for a Certificate
of Occupancy for a new or changed use of land or structure where no Zoning Certificate is re-
quired shall be filed with the Enforcement Officer and shall be in such form and contain such
information as the Enforcement Officer shall provide by general rule.
C. Issuance of Certificate of Occupancy. No Certificate of Occupancy for a structure, or addi-
tion thereto, constructed, reconstructed, remodeled or moved after the effective date of this
Ordinance shall be issued until such work has been completed and the premises inspected and
certified by the Enforcement Officer to be in full and complete compliance with all the applic-
able regulations of this Ordinance.
Provided, however, that a Certificate of Occupancy shall be issued or a written notice shall be
is given to the applicant stating the reasons why a Certificate cannot be Issued, within ten days
after the receipt by the Enforcement Officer of written notification that the structure or prem-
ises is ready for occupancy.
D. Temporary Certificate of Occupancy. Not withstanding the provisions of paragraph C here-
of, where construction, reconstruction or ramodelin9 of "ttycture does not require the vacat-
ing of the structure, or where parts of the structure are finished and ready for occupancy be-
fore the completion of such construction, reconstruction or remodeling, a Temporary Certifi-
cate of Occupancy may be issued for a period not to exceed six months from its date.
Section 10 NON - CONFORMING: LOTS, LAND USES AND STRUCTURES
Subd. 1 INTENT
Within the districts established by this Ordinance or amendments that may later be adopted,
there exist lots, structures and uses of land and structures which were lawful before this ordin-
ance was passed or amended, but which would be prohibited under the terms of this Ordinance
or future amendment.
It is the intent of this ordinance to permit those nonconformities to continue until they are re-
moved, but not to encourage their survivial. Such uses are declared by this Ordinance to be in-
compatible with permitted uses in the districts involved. It is further the intent of this Ordin-
ance that non - conformities shall not be enlarged upon, expanded norextended, nor be used as
grounds for adding other structures or uses prohibited elsewhere in the same district.
A non - conforming use of a structure, a non - conforming use of land, or a non - conforming use
of a structure and land shall not be extended or enlarged after passage of this Ordinance by at-
tachment or additional signs to a building, or the placement of additional signs to a building,
or the placement of additional signs or display devices on the land outside the building, or by
the addition of other uses, if such additions are of a nature which would be prohibited generally
in the district involved.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the
plans, construction, or designated use of any building on which actual construction was lawful-
ly begun prior to the effective date of adoption or amendment of this Ordinance and upon
which actual building construction has been diligently carried on. Actual construction is here-
by defined to include the placing of construction materials in permanent position and fasten-
ed in a permanent manner, and demolition, elimination and removal of an existing structure In
connection with such construction, provided that actual construction work shall be diligently
carried on until the completion of the building involved,
Subd. 2 NON - CONFORMING LOTS OF RECORD:
In any district in which single-family dwellings are permitted, notwithstanding limitations im-
posed by other provisions of this Ordinance, a single - family dwelling and customary accessory
building may be erected on any previously lawfully authorized single lot of record at the ef-
fective date of adoption or amendment of this Ordinance. Such lot must be in separate owner-
ship and not of continuous frontage with other lots in the same ownership. This provision shall
apply even though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the district, provided that yard dimensions and other requirements not
involving area or width, or both, of lot shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements and other regulations shall be obtained only
through action of the Village Council.
If two or more lots or combinations of lots and portions of lots with continuous frontage in
single ownership are of record at the time of passage or amendment of this Ordinance, and if
all or part of the lots do not meet the requirementsfor lot width and area as established by this
Ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of
this Ordinance, and no portion of said parcel shall be used or sold which does not meet lot and
width and"area requirements established by this Ordinance, nor shall any division of the parcel
ee made which leaves remaining any lot with width or area below the requirements stated in
this Ordinance.
Subd. 3 NON - CONFORMING USES OF LAND:
Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land
exists that is no longer permissible under the terms of this Ordinance as enacted or amended,
such use may be continued, so long as it remains otherwise lawful, subject to the following pro-
visions:
A. No such non - conforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this Ordinance.
B. No such non - conforming use shall be moved in whole or in part to any other portion of
the lot or parcel occupied by such use at the effective date of adoption or amendment of
this Ordinance.
C. If any such non - conforming use of land ceases for any reason for a period of more than
ninety (90) days, any subsequent use of such land shall conform to the regulations specified
by this Ordinance for the district in which such land is located.
Subd. 4 NON - CONFORMING STRUCTURES
If a lawful use of a structure, or of structure and premises in combination, exists at the effective
• date of adoption or amendment of this Ordinance that would not be allowed in the district
under the terms of this Ordinance, the lawful use may be continued so long as it remains other-
wise lawful, subject to the following provisions: /1
A. No such structure may be enlarged, extended, converted, reconstructed or structurally al-
tered unless the use of the structure is changed to one permitted within the district in which
such building is located. The non - conforming use shall not thereafter be resumed.
B. Should such structure be destroyed by any means to an extent of more than fifty (50%)
t percent of its appraised value at time of destruction, it shall be not reconstructed except in
conformity with the provisions of this Ordinance.
C. Should such structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations for the district in which it is located after it is moved.
D. When a non- conforming use of a structure, or structure and premises in combination, is
discontinued or abandoned for six (6) consecutive months or for eighteen (18) months dur-
ing any three -year period, the structure, or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the district in which it is
located.
E. When a non - conforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the non - conforming status of the land.
F' Docks presently being used contrary to this section shall be governed by Section II,
Subd. 7, and such use shall further be limited by the regulations of the L.M.C.D.
Subd. 5 REPAIRS AND MAINTENANCE
On any building devoted in whole or in part to any non - conforming use, work may be done in
any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement
of non- bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) per-
cent of the current appraised value of the building, provided that the cubical space content of
the building as it existed at the time of passage or amendment of this Ordinance shall not be
increased.
Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any Village official charged
with protecting the public safety, upon order of such official.
SECTION II GENERAL PROVISIONS
Subd. 1 COMPLIANCE
Except as hereinafter provided:
No ,building, structure or land shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally al-
tered unless in conformity with all of the regulations herein specified for the district in which
it is located.
Subd. 2 BUILDING REQUIREMENTS
No building or other structure shall hereafter be erected or altered; to exceed in height; to ac-
commodate or house a greater number of families; to occupy a greater percentage of lot area;
to have narrower or smaller rear yards, front yards, side yards or other open spaces; than herein
required; or in any other manner contrary to the provisions of this Ordinance.
Subd. 3 AREA REQUIREMENTS
No part of a yard, or other open space, or off - street parking or loading space required about or
in connection with any building for the purpose of complying with this ordinance shall be In-
cluded-as part of a yard, open space, or off- street parking or loading space similarly required
for any other building, except as modified hereinafter.
No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area
below the minimum requirements set forth herein. Yards or lots created after the effective
date of this ordinance shall meet at least the minimum requirements established by this ordin-
ance.
Subd. 4 MINIMUM REQUIREMENTS
I n their interpretation and application, the provisions of this ordinance shall be held to be mini-
mum requirements, adopted for the promotion of the public health, safety, convenience, com-
fort, prosperity or general welfare. Wherever the requirements of this ordinance are in variance
with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restric-
tion or covenants, the most restrictive or that imposing the higher standards, shall govern.
Subd. 5 HEIGHT LIMITATIONS NOT APPLICABLE:
The height limitations stipulated in this ordinance shall not apply to the following:
A. Essential Service Structures, Architectural Features, Etc.: Church spires, belfries, cupolas
and domes, water towers, transmission towers, flag poles, aerials and elevator pent houses.
Subd. 6. YARD AND FRONTAGE LIMITATIONS NOT APPLICABLE
The yard and frontage limitations stipulated elsewhere in this ordinance shall not apply to the
following:
A. Average Depth of Front Yards - Front Yard Observed: In any district where front yards
are required and where forty (40). percent or more of the frontage on one side of a street
between two intersecting streets is developed with buildings that have a front yard that is
greater or less than the required front yard in the district, no building shall project beyond
the average front yard so established.
B. Lakeshore Setbacks: Lots bordering upon Iakeshore shall maintain setbacks from the
water of at least 50 feet unless reduced or set forth in Subd 7 hereof. This setback require-
ment shall have precedence over all other structural setback requirements.
C. Yard Space Encroachments- Projections into Yards:
The following projections may be permitted into any front, rear or exterior side yard ad-
joining a street lot line.
1. Cornices, sills, belt courses, eaves and other ornamental features to a distance of not more
than two (2) feet six (6) inches.
2. Fire escapes to a distance of not more than four (4) feet six (6) inches.
3. Landings and uncovered porches, when constructed more than six (6) inches above the
ground level at the building line, to a horizontal distance of not more than six (6) feet, pro-
vided said landing or porch has its floor no higher than the entrance floor of the building.
An open railing no higher than three (3) feet six (6) inches may be placed around such struc-
ture,
4. Bay windows and chimneys to a distance of not more than three (3) feet, provided that
such features do not occupy, in the aggregate, more than one -third (1/3) the length of the
building wall on which they are located.
5. Porte- Cocheres or canopies to a distance of not more than two (2) feet six (6) inches.
6. Balconies, in Residence Districts, to a distance of nor more than three (3) feet into
yards of less than twenty (20) feet and to a distance of not more than (6) six feet into
yards of more than twenty (20) feet; provided that said balconies do not occupy, In the
aggregate, more than one -third (1/3) the length of the building wall on which they are lo-
cated.
D. Interior Side Yards: Subject to the limitations for features projecting into front yards,
said features may also project into required yards adjoining interior side lot lines, provided
that the distance shall not exceed one -fifth (1/5) of the required least width of such side
yard and not more than three (3) feet in any case.
/® Subd. 7 REGULATIONS APPLICABLE TO LAKE SHORELINE PROPERTY
A. No structure of any kind shall be built within fifty (50) feet of the high water mark of a
meandered lake, except that upon 4 /5th's approval of the Village Council, the minimum
distance may be reduced to thirty-five (35) feet. shall not be built, used, or occupied on land
B. Docks and wharves, permanent or floating,
located within the R Districts until the principal dwelling is constructed on said lot or par-
cel, or unit 4 /5th approval of the Village Council has been first obtained to use, build or
occupy such dock or wharf.
C. The number of docks and wharves 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 said property upon which the dock is located
provided, however, the dock may be used in accordance with the authority granted through
4 /5ths approval of the Village Council in those cases where the dock is located on an ease-
ment or strip or parcel of land not suitable for construction of a residence or use as a resi-
dence.
D. No boat, barge, boathouse or other floating vessel or structure tied or connected to a
dock or wharf within the Village or anchored within the inner harbor limits of this Village, as
defined by ordinances of this Village, shall be used as a permanent, temporary, or season-
able residence.
E. No dock or wharf, permanent or floating structure shall be located or constructed within
five (5) feet of the side lot line of any lot or parcel projected to the inner harbor limits.
F. No dock located within the R Districts shall extend further into the water than reasonab-
ly 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.
Subd. 8 MORE THAN ONE PRINCIPAL BUILDING ON A LOT
Not more than one principal building shall be located on a lot in Residence Districts R -1 and
R -2 except otherwise authorized by this ordinance specifically.
SECTION 12 SPECIAL PROVISION: SIGNS
Subdivision 1: PURPOSE The purpose of this section is to provide standards for the use and
display of signs It is recognized that signs serve an important function and, therefore, reason-
able and adequate display of signs is permitted under the provisions of this section. At the
same time, this section recognized that there is a definite need to regulate such display, as
signs utilize the visual element of the public right -of -way to bring messages to the public. Limi-
tations and standards are established herein consistent with the type of the district and the uses
and activities in the district. With respect to signs advertising business uses, such regulations
have been devised after considering, among other matters, shopping habits, extent of trade
area, and means of access to such uses, and are specifically intended, among other things, to
avoid excessive competition among sign displays in their demand for public attention.
Subdivision 2. GENERAL REQUIREMENTS Except as otherwise provided by this section,
signs as defined in Subdivision 6 of Section 4, where permitted, shall comply with the follow-
ing requirements:
A. No freestanding sign shall be allowed where there is not five (5) feet of required front set-
back space. No sign shall be located within twenty (20) feet of any intersection.
B. Wall signs placed against, or attached to the exterior walls of buildings shall not extend be-
yond fifteen (15) inches of the wall surface and shall be parallel to the plane of the building
wall. Such signs shall not exceed forty (40) square feet in area unless made of incombustible
materials approved by the Building Inspector.
C. No temporary sign shall be attached to a light standard or the supporting pylon of a free-
standing sign. Temporary signs must be expeditiously removed by the responsible parties upon
termination of allowable time period specified in the permit or this ordinance.
D. No sign shall be erected near or at any intersection of any streets in such manner as to ob-
struct free and clear vision, or at any location where by reason of position, shape, or color, it
may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal,
or device.
E. Before any electric sign is installed in place, or the wiring in the same concealed, the erector
or manufacturer thereof shall notify the building inspector who shall make or have made, an
inspection of such sign within forty -eight (48) hours. Thereafter, if approved and certified by
the inspector, said sign may then be installed in place. After such sign is erected or installed in
place, the Building Inspector shall again be notified that a final inspection and acceptance
thereof is desired.
F. Freestanding signs may have a height not to exceed thirty -five (35) feet.
G. Bottom Clearance - The bottom capping of all freestanding signs shall be at least thirty -six
(36) inches above th - e ground for signs fifteen (15) feet or less in height. Signs exceeding fif-
teen feet in height must maintain a ten (10) foot bottom clearance.
Subdivision 3: SIGN STANDARDS BY ZONING DISTRICTS:
A. General: The following sign standards by zoning district shall apply to every existing zoning
district and new zoning district hereafter created unless otherwise expressly provided in such
zoning districts. Only signs as described here in shall be permitted in each particular zoning
district.
B. Signs Permitted in All Zoning Districts: Subject to the other conditions of this ordinance,
the following signs shall be permitted in any zoning district within the Village:
1. Construction Signs: One non - illuminated temporary sign facing each bordering street,
identifying all parties engaged in the construction of a building, provided that the sign shall
not exceed thirty -five (35) square feet in area, does not obstruct the vision in the public
way and is removed within thirty (30) days following occupancy of the building.
2. Commercial Real Estate Signs: One non - illuminated real estate sign not over twenty (20)
square feet in surface area advertising the sale, rental, or lease of only the building or prem-
ises on which it is located.
3. Residential Real Estate Signs: One non - illuminated real estate sign not over six (6) square
feet in surface area advertising the sale, rental, or lease of only the building or premises on
which it is located.
4. Political Signs: Political signs shall be permitted on each lot for a period of sixty (60)
days prior to and ten (10) days after an election.
5. Owner - Occupant Sign: One residential name sign not to exceed one (1) square foot in
area, identifying only the name of the owner or occupant of a residential building.
6. Home occupation Sign: One non - illuminated identification sign, not to exceed one (1)
square foot in area, for the following permitted uses: .resident professional offices, home
occupations and boarding - lodging houses.
7. Directional and Private Traffic Control Signs: Directional and private traffic control
signs indicating traffic movement onto a premise, or within a premise, not exceeding three
(3) square feet of surface area for each sign, are permitted. No advertising message may be
incorporated on such signs.
C. Sign Permitted in Residential Districts: Subject to the other conditions of this ordinance the
following signs shall be permitted in residential districts R -1, R -2, and R -3:
1. Subdivision Plat Signs: Temporary signs advertising a new subdivision plat provided such
signs do not exceed sixty (60) square feet in aggregate surface area, identifying only the
Plat in which they are located, are non - illuminated, and are erected only at dedicated strut
entrances to the plat. Such signs shall be removed if construction of subdivision improve-
" ments is not in progress on the plat within sixty (60) days following the date of the sign
erection or as soon as eighty (80) percent of the lots are developed and sold.
2. Residential Housing Development Sign: One residential housing development identifica-
tion sign facing each bordering street shall be permitted for each development of twenty /
(20) or more units Such sign shall not exceed thirty -two (32) square feet. Such signs shall /
• be erected only at the dedicated street entrance, may be indirectly illuminated, and shall
not exceed a height of eight (8) feet above grade.
3. Club, Lodge, Office Signs: One non - illuminated identification sign not to exceed twenty
(20) square feet in area for the following uses: clubs, lodges, fraternities, and professional
offices where permitted.
4. Civic, Religious Organizations, and Other Permitted Non - Residential Uses: One illuminat.
ed or non - illuminated sign not to exceed twenty (20) square feet in area. Such sign may in-
clude the following uses: offices of a civic or religious organization.
5. Public and Semi - Public Use Signs: One illuminated or non - illuminated identification
sign or bulletin board not to exceed a total of twenty (20) square feet in area for the fol-
lowing uses: public schools, parochial schools, colleges, public libraries, museums, social
and recreational buildings, parks, playgrounds, churches, Cemeteries, and governmental of-
fice buildings
D. Signs Permitted in the C -1 District: Subject to other conditions of this ordinance, the fol-
lowing signs shall be permitted in the C- 1 District.
I. Signs as Permitted in Residence Districts.
2. Business Signs: A maximum of three (3) business signs facing each bordering street shall
be limited in surface area to a total of fifty (50) square feet for each main building or each
business in a series of attached businesses such as a shopping center. Such signs shall be wall
signs or attached to a marquee.
3. Area Identification Signs: One sign for business complexes of four (4) or more stores in
the C -1 District may be erected. Such sign shall be limited to a freestanding sign not to
exceed one hundred (100) square feet in area.
E. Signs Permitted in Other Non-Residential Districts: The following signs shall be permitted in
the C -2 and C -3 Districts.
1. Signs as permitted in other districts: Signs as permitted and regulated for the uses In the
Residence and C -1 Districts.
2. Business Signs: Each main building or business in a series of attached businesses, such as a
shopping center, may have three (3) business signs. Two (2) of such business signs shall ba
limited to ten (10) square feet in area. One business sign may be of any type to a maximum
of one hundred and fifty (150) square feet in area.
3. Area Identification Signs: For business complexes of four (4) or more stores, one free-
standing area identification sign may be erected. Such sign shall not exceed three hundred
(300) square feet in area.
I. Advertising Signs (Billboards):
a. No advertising sign structure shall be closer than three hundred (300) lineal feet to any
other advertising sign on the same side of the roadway.
b. Such advertising structure may not contain more than two (2) facings per sign nor exceed
fifty (50) feet in length.
c. No advertising sign may be erected within twenty five (25) feet of an adjoining residential
district.
d. Where a sign is illuminated, the source of light shall not be visible from any public right -
of -way, and such light shall be directed away from the residence district.
F. Signs Permitted in the P.U.R.O. District: Sign permitted in P.U.R.D.'s shall be as approved
by the Planning Commission for each development.
Subdivision 4: PROHIBITED SIGNS: The following described signs are hereby declared a nui-
sance and shall be prohibited in all districts of the Village.
A. Revolving and Flashing Signs: Signs painted upon wall, roof signs, and signs which re-
volve or flash or consist of lights which revolve or flash are prohibited with the exception
of devices which inform the public of time and /or temperature. Moving message type signs
shall be permitted as an exception when their messages consist primarily of news, public
announcements, etc, of a non - advertising nature.
B. Signs Imitating Official Signs: Signs which Imitate an official traffic sign or signal or
which contain the words "stop ", "go slow ", "caution ", "danger ", "warning ", or similar
words.
C. Hazardous Signs: Signs which are of a size, location, movement, content, coloring or
manner of illumination which may be confused with or construed as a traffic control device;
or which hide from view any traffic or street sign or signal, or which obstruct the view in
any direction at a street or road intersection.
D. Signs Advertising Terminated Businesses: Business signs which advertise an activity, busi-
ness, product, or service no longer produced or conducted on the premises upon which the
sign is located. Where the owner or lessor of the premises is seeking a new tenant, such
signs may remain in place for not more than sixty (60) days from the date of vacancy.
Subdivision 5: POSTING OF BILLS, POSTERS, PLACARDS OR CIRCULARS:
A. The posting of bills, posters, placards, and circulars on any public right -of -way or public
property is prohibited. Advertising signs and devices or displays are prohibited on public pro-
perty or within public right -of -way except such signs or bills as may be placed by city em-
ployees foi a traffic control, parking, direction or civic purpose and except such signs or bills
as may be specifically authorized by the Village Council to be placed by person or groups for
civic or quasi -civic promotions.
B. No bills, posters or signs are to be posted on private property, fences, trees, walls, rocks,
structures or similar appurtenances without permission of the owner and conformity to city
ordinances.
C. Political posters and campaign signs are prohibited on public property and public right -of-
way.
D. Any sign, poster or advertising placed on public property or on public street right -of -way
In violation of Village ordinances may be summarily removed by the Village, Its employees or
agents without notice.
Subdivision 6: PERMIT ISSUANCE: FEES:
A. No sign, marquee or non - residential awning shall be erected In the Village of Shorewood un-
til a permit to do so has been issued by the office of the Building Inspector (signs stipulated in
Subdivision 5 shall be exempt from this requirement). No permit shall be granted until the
necessary fee has been paid and until the building inspector, or staff representative, has made a
preliminary Inspection of the sign before hanging and has ascertained that the sign and method
of hanging comply with all requirements of this Ordinance. The Inspector may require that de-
tailed plans and specifications be submitted with the application if necessary in his judgment.
Following permit issuance and sign erection, the building inspector shall make a final inspection
of said sign, and if it complies in every respect with the minimum standards set forth in this
Ordinance, shall endorse on the permit his certificate of approval.
B. The fees for initial erection permits required above shall be paid to the Village Clerk, and
shall be assessed on the basis of the surface area of the sign as determined by the Building In-
spector. Such fee shall be ten cents (10¢) per square foot subject to a minimum fee of $1.00
and a maximum fee of $30.00.
SECTION 13 SPECIAL PROVISION: OFF - STREET PARKING AND LOADING FACILITIES
Subd. 1 MINIMUM SIZE REGULATIONS
Each space shall contain a minimum area of not less than three hundred (300) square feet in-
cluding access drives, a• width. of not less than eight and one -half (842) feet, and a depth of not
less than twenty (20) feet. Each space shall be adequately served by access drives. All loading
spaces shall be sufficient to meet the requirements of each use and shall provide adequate space
for storage and maneuvering of the vehicles it is designed to serve.
Subd. 2 REDUCTION AND USE OF PARKING AND LOADING SPACE
Off - street parking facilities existing at the effective date of this Ordinance shall not subsequent-
ly be reduced to an amount less than that required under this Ordinance for a similar new
building or use. Off- street parking facilities provided to comply with the provisions of this
Ordinance shall not subsequently be reduced below the requirements of this Ordinance. Such
required parking or loading space shall not be used for storage of goods or for storage of ve-
hicles that are inoperable or for sale or rent.
Subd. 3 COMPUTING REQUIREMENTS
In computing the number of such parking spaces required the following rules shall govern:
A. Floor space shall mean the gross floor area of the specific use.
B. Where fractional spaces result, the parking spaces required shall be construed to be the
nearest whole number.
C. Other uses: For uses not specifically listed in this Ordinance, uses for which a specific
number of spaces have'not been defined or for joint parking facilities serving two or more
different uses, the Planning Commission shall determine the number of spaces to be re-
quired by utilizing the requirements of the most similar use listed in Table 1 below. Issu-
ance of building permits for the above situations shall be subject to approval of all site
plans.
Subd.4 YARDS
Off - street parking facilities shall be exempt from the front yard and rear yard regulations for
the use district in which the parking is located, except that:
A. In any of the Residence District no parking space shall be located within twenty five
(25) feet of any front property line, or within five (5) feet of any side or rear property line
unless enclosed as an accessory use.
B. In any commercial district, no parking space shall be located within fifteen (15) feet of
any front property line, or in any side yard or rear yard that abuts any of the classes of
Residence Districts, and in no instance shall parking or loading space be located within five
(5) feet of a side or rear property line, except for railroad loading areas, except in the case
of parking space which abuts parking space on the adjoining property in which case no set-
back shall be required.
C. Placement of loading docks and spaces shall be limited to side and rear yards, except that
where a space or dock is so designed as to be fully enclosed and incorporated within a
structure including any vehicle being loaded or unloaded, such dock or space may be placed
in a front area.
c:
L-A
Subd. 5 BUFFER FENCES AND PLANTING SCREENS
Off - street parking and loading areas near or adjoining Residence Districts shall be screened OV a
buffer fence of adequate design or a planting bufferscreen; plans of such screen or fence shall
be submitted for approval as a part of the required site or plot plan and such fence or landscap-
ing shall be installed as part of the initial construction.
Subd.6 ACCESS
A. Parking and loading space shall have proper access from a public right -of -way.
B. The number and width of access drives shall be so located as to minimize traffic congestion
and abnormal traffic hazard, and no driveway in the R -3, R -4 and R -5 Residence District shall
be closer than fifty (50) feet from any right -of -way line of a street intersection.
Subd. 7 LOCATION OF PARKING FACILITIES
Required off - street parking space shall be provided on the same lot or lots as the principal
building or use is located.
Subd. 8 TRUCK OR BUS PARKING IN RESIDENCE DISTRICTS
Off - street parking of commercially licensed trucks or buses with a gross weight of over 2.5
tons, except for deliveries and unloading, in. all Residence Districts, shall be prohibited.
Subd. 9 COMBINED FACILITIES
Combined or joint parking facilities may be provided for one (1) or more buildings or uses pro-
vided that the total number of spaces shall be determined as provided in Subdivision 12.
Subd. 10 CONSTRUCTION AND MAINTENANCE
A. In the R -4 and R -5 Residence Districts and all Commercial Districts, parking areas and ac-
cess drives shall be covered with a dust -free all- weather surface with proper surface drainage
as recommended by the village Engineers.
B. The operator of the principal building or use shall maintain parking and loading areas, ac-
cess drives, and yard areas in a neat and adequate manner.
Subd. 11 LIGHTING
Lighting shall not be directed upon the public right -of -way and nearby or adjacent properties.
Such illumination must be indirect or diffused.
Subd. 12 REQUIRED NUMBER OF OFF - STREET PARKING SPACES
Off- street parking areas of sufficient size to provide parking for patrons, customers, suppliers,
visitors, and employees shall be provided on the premises of each use. Table 1 designates the
minimum number of parking and loading spaces that are required to be provided and maintain-
ed at the time any new use or structure is occupied or any existing use or structure is enlarged
or incraased in capacity. Uses not specifically listed must provide the number of spaces as re-
quired by Subdivision C -3.
TABLE 1
SCHEDULE OF REQUIRED OFF-STREET PARKING AND LOADING SPACES
Use or Use Category
Number of Parking Spaces Required Number of Loading Spaces
Per Unit of Measurement Required per Size of Structure in
Square Feet
No. Unit Floor Area Number
Residential
Dwellings, 1 & 2 Family
Townhouses
Dwellings, multi - family
(except elderly)
Dwellings, multi - family which
are specifically designed &
occupied exclusively by per-
son 60 years of age or older
Motels, Hotels
Total
500 sq. ft. of fluor Less than 5,000
2.0
Dwelling unit —
2.0
Dwelling unit
1.5
1 bedroom and --
Per Alley
efficency unit
2.0
2 or more bedroom —
See Section 14
units
0.8
Dwelling unit
1.0
Sleeping unit Over 20,000
Educational, Cultural & Institutional
Churches, auditoriums & other 1.0
Places or assembly
Elementary & Nursery schools 2.0
Hospitals, convalescence or 1.0
nursing homes 1.0
Junior & senior high schools
Public libraries, art galleries,
museums, etc.
Commercial
Automobile or machinery
Sales
Bowling alley
Car wash, machine
Clinics
Funeral Homes
Furniture & appliance stores
Offices, banks & public
administration
Restaurants, night clubs,
clubs over 1,000 sq. ft.
Retail stores over 2,000 sq. ft.
Services garages, Vehicle
Shopping Center
All other commercial
1.0
1.0
1.0
4 seats --
Classroom ....
Four beds plus Under 10,000
2 Employees 10,000 to 50,000
or Professional Each part of 50,000
staff members over 50,000
Two employees plus --
Each 5 seats in
auditorium, stadium,
etc. (whichever is
larger)
300 sq. ft. floor area --
i
1�
2
1
additional
1
500 sq. ft. of fluor Less than 5,000
0 /
6.0
area over 1,000
5.0
Per Alley
See Section 14
1.0
200 sq. ft.
5,000 to 10,000
1
floor area
1.0
Five seats
1.0
600 sq. ft.
10,000 to 20,000
2
floor area
200 sq. ft.
1.0
floor area
20,000 to 40,000
3
75 sq, ft.
1.0
floor area
40,000 to 70,000
4
150 sq. ft.
Each part of 50,000
1
1.0
floor area
over 70,000 additional
3.0
Stall
1.0
100 sq. ft
floor area
1.0
300 sq. ft.
floor area
Each 20,000 sq. ft.
SECTION 14: SPECIAL PROVISION: SERVICE STATION AND CAR WASH REGULA-
TIONS
Subd. 1: C -2 and C -3 COMMERCIAL DISTRICTS
A. Automotive service stations; motor fuel stations subject to submission of a site plan con-
forming to the following design standards and a statement agreeing to performance of those
standards:
1. The parcel of land shall not be less than 20,000 sq. ft. with one side facing on a major
thoroughfare as shown on the Comprehensive Plan.
2. No curb cut shall be within 50 feet of the intersection of the projected curb lines; no
curb cut shall exceed 24 feet in width. No more than three curb cuts shall be permitted per
site.
3. The pump Islands shall observe the required front yard setback, 15 feet or more of which
shall be landscape and protected by a curb at least six inches high except for approved drive-
way crossings.
4. All of the area of the parcel except that covered by buildings and landscaping shall be sur-
faced to control dust and drainage. Drainage and surfacing plan to be approved by Village. .
5. A six foot decorative fence, or a fifteen foot wide planting strip and three foot decora-
tive fence shall be installed and maintained along the property line where said line abuts a
residentially zoned parcel. Should the planting strip and fence combination be selected, the
proposed planting plan shall be approved by the Village. Should the abutting area be zoned
residential, a 50 foot setback is to be provided between the property line and any principal
or accessory structure.
6. A minimum of three parking spaces plus three for each service stall shall be provided,
none of which are within the service drives for the pumps nor within the required front
yard; also, should the motor fuel station be a combined business, the portion of the site and
structure devoted to such other business shall be calculated independently for determining
parking to be provided.
7. All lights shall be so located and /or shielded that the resulting light pattern does not ex-
tend into abutting residential lots or the public right -of -way beyond the intensity of one
foot- candle.
B. The sale or rental of trailers, autos, campers, boats or other merchandise requiring out-
side storage shall be considered a separate business, shall be approved as a separate business
and shall not occupy the minimum area required to conduct a motor fuel station.
9. Ail merchandise kept on the minimum required premise for sale except for oil stored on
the pump island shall be kept within the building.
10. A perspective drawing, including elevations, shall be submitted for approval which Indi-
cates on architectural style compatible with adjacent existing or proposed developments.
11. Provisions shall be made for on lot receptacles for the storage of trash in areas which are
screened from the public view.
12. Where vending machines are proposed as an accessory use, they shall be Incorporated
Into the design of the structure.
13. All fuel storage tanks shall be placed underground and so located that they may be ser-
viced without the tank truck extending beyond the property line.
B. Car wash establishments subject to the submission of a site plan conforming to the following
design standards and a statement agreeing to performance of those standards:
1. The minimum lot area shalt be 40,000 square feet.
2. No curb cut shall be within 50 feet of the intersection. No more than two (2) curb cuts
shall be permitted.
3. A side and rear yard setback of g feet shall be maintained between the parking area and
any lot line adjacent to General Commercial (C -3) Districts. A side and rear yard setback of
25 feet shall be maintained between any parking area and any lot line adjacent to Neighbor-
hood Commercial (C -1) Districts. A side and rear yard setback of 50 feet shall be maintain-
ed between any parking area and any lot line adjacent to Residential and Multiple Dwelling
(R -1 through R -5) Zoning Districts.
4. All of the area of the parcel except that covered by building and landscaping shall be sur-
faced to control dust and drainage. Drainage and surfacing plan to be approved by Village.
5. A six foot decorative fence, or a fifteen foot wide planting strip and three fooltdecor-
ative fence shall be installed and maintained along the property line where said line
abuts a residentially zoned parcel. Should the planting strip and fence combination
be selected, the proposed planting plan shall be approved by the Village. Should the
abutting area be zoned residential, a 50 foot setback is to be provided between the
property line and any principal or accessory structure.
6.Parking:
a. Stacking Spaces — A minimum of ten (10) customer automobile stacking spaces
shall be provided for each washing lane for automobile car washes.
b. Customer Service Parking — A minimum of five (5) customer service parking spaces
shall be provided for each washing lane for automatic car washes.
c. Employee Parking — A minimum of five (5) employee parking spaces shall be pro-
viced for every washing lane for automatic car washes.
d. Self- Service Car Washes — A minimum of five (5) outside customer parking spaces
shall be provided for each enclosed self- service•washing spaces.
The foregoing required number of parking spaces shall be shown and designated on the
site plan. Parking spaces as required by this Section, shall supercede parking space re-
J quirements Imposed elsewhere in this Ordinance
7.Interior curbs shall be constructed within the property lines to separate driving and park-
ing surfaces from landscaped areas. Interior curbs required by this Section shall be a norm-
al six inches in height.
8. All lights shall be so located and /or shielded that the resulting light pattern does not ex-
tend into abutting residential lots or the public right -of -way beyond the Intensity of one
foot - candle.
9. Selling or storage of commodities or services (including gasoline sales) other than as de-
fined in this Section, shall be conducted in conformance with the requirements of the
zoning district in which the car wash is located.
10.Ail washing facilities shall be completely within an enclosed building.
11.A perspective drawing, including elevation, shall be submitted for approval which indi-
cates an architectural style compatible with adjacent existing or proposed developments.
12.Provisions shall be made for on lot receptacles for the storage of trash in areas which are
screened from the oublic view.
13.Vacuuming facilities shall not be located along public streets and shall be completely
screened from public streets and adjacent property.
14.Where vending machines are proposed as an accessory use, they shall be incorporated into
the design of the structure.
15.Where gasoline sales are involved, all fuel storage tanks shall be placed underground and
so located that they may be serviced without the tank truck extending beyond the prop-
erty line.
16.All wash water disposal facilities, including sludge, grit removal and disposal equipment
shall be subject to the approval of the Village Engineer and shall conform with all Village
ordinances regarding sewage and health provisions, and shall be so designed so as not to
affect detrimentally the Village sewer system.
SECTION 15 SPECIAL PROVISION: PERFORMANCE STANDARDS
Subd. 1 COMPLIANCE REQUIRED
No land or building in any district shall be used or occupied in any manner so as to create any
dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise
or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical
or other substance, condition or element in such a manner, or in such amount, as to adversely
affect the surrounding area of adjoining premises provided that any use permitted or not ex-
pressly prohibited by this Ordinance may be undertaken and maintained if it conforms to the
regulations of this Section limiting objectionable elements at the point of the determination
of their existence.
Subd. 2 POINTS OF MEARUESMENT:
The determination of the existence of any Objectionable Elements shall be made at the loca-
tion of the use creating the same and any points where the existence of such elements may be
more apparent; provided, however, that the measurements necessary for enforcement of per-
formance standard set forth in this Section shall be taken at property line boundaries.
Subd. 3 PERFORMANCE STANDARD REGULATIONS:
The following provisions, standards and specifications shall apply:
A. Fire and Explosion Hazards: All activities involving and all storages of inflammable and
explosive materials shall be provided at convenient places, with adequate safety devices
against the hazard of fire and explosion and adequate fire - fighting and fire suppression e-
quipment and devices standard in the industry. Burning of waste materials in open fires
shall be prohibited at any place. The relevant provisions of State and local laws and regula-
tions shall also apply.
B. Radioactivity or Electric Disturbances: No activities shall be permitted which emit dan-
gerous radiation at any point, or electrical disturbance adversely affecting the operation at
any point of any equipment other than that of the creator of such disturbance. Radioactive
emissions shall be further subject to applicable federal regulations.
C. Noise: At the points of measurement, the sound pressure level of noise radiated from a
facility at night time, during the hours of 10:00 p.m, to 7:00 a.m., shall not exceed fifty
(50) decibels (sound pressure level decibels re 0.0002 dynes /cm or the average sound level
of the street traffic noise nearest the noise generator, whichever is the higher, in any octave
band of frequency above 300 cycles per second. The sound pressure level shall be measured
with a Sound Level Meter (American Standard Sound Level Meters for Measurement of
Noise and Other Sounds, 224.3 - 1944) and an Octave Band Analyzer (American Standard
Specification for an Octave - Band Filter Set for the Analysis of Noise and Other Sounds,
224.10 -1953) that conforms to the specifications published by the American Standards
Association. Noise shall be so muffled or otherwise controlled, as not to become objection-
able, due to intermittence, beat frequency, impulsive character (hammering, etc.) periodic
character (humming, screech, etc.) or shrillness.
For facilities which radiate noise only during a normal daytime working shift, the allowable
decibel level given above shall be increased twenty (20) decibels, or ten (10) decibels above
the average sound level of the street traffic noise nearest the noise generator, whichever is
the higher. Sirens, whistles, bells, etc., which are maintained and utilized solely to serve a
Public purpose (such as fire and air raid warning sirens) are excluded from the above regula-
tions.
D. Vibration: No ground vibration shall be permitted which is discernable without instru-
• ments at the points measurement.
Odors: E. Odors: No emission n shall be permitted or odorous gases or other odorous matter in such
quantities as to be readily detectable at the points of measurement. Any process which may
involve the creation or emission of any odors shall be provided with a secondary safeguard
system, so that control will be maintained if the primary safeguard system should fail. There
is hereby established as a guide in determining such quantities of offensive odors Table 111,
"Odor Thresholds ", in Chapter 5, "Air Pollution Abatement Manual ", copyrighted 1951
by Manufacturing Chemists' Assn., Inc., Washington, D.C.
F. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission
shall be permitted which can cause any damage to health, to animals, vegetation or other
forms of property, or which can cause any excessive soiling, at any point; and in no event
any emissions, from any chimney or otherwise, of any solid or liquid particles in concentra-
tions exceeding 0.3 grains per cu. ft. of the conveying gas at any point. For measurement of
the amount of particles in gases resulting from combustion, standard corrections shall be
applied to a stack temperature of 500 degrees Fahrenheit and fifty (50) perecent excess air.
G. Glare: No direct or sky - reflected glare, whether from floodlights or from high- tempera-
ture processes such as combustion or welding or otherwise, so as to be visible at the points
of measurement shall be permitted. This restriction shall not apply to signs otherwise per-
mitted by the provisions of this Ordinance.
H. Heat: Every use and activity shall be so operated that it does not raise the ambient air
temperature more than two degress Fahrenheit (2 at or beyond the point of measure-
ment.
Subd. 4 STATE STANDARDS
The State of Minnesota Pollution Control Standards shall govern air quality. Current State reg-
ulations include: Pollution Control Rules and Regulations Relating to Air. APC 1 through APC
16 (1972, Pollution Control Agency); Pollution Control Rules and Regulations Relating to
Solid Waste Disposal, SW I through II (1970, Pollution Control Agency); Pollution Control
Rules and Regulations Relating to Water, WPC 1 through WPC 34, (1972, Pollution Control
Agency).
Subd. 5 COMPLIANCE
In Order to insure compliance with the performance standards set forth above, the Zoning En-
forcement Officer, with approval of the Village may require the owner or operation for any
use to have made such investigations and tests as may be required to show adherence to the
performance standards. Such investigations and tests as are required to be made shall be carried
out by an independent testing organization as may be selected by the Village. Where compli-
ance is determined, incurred costs shall be divided equally between the use and the Village
where a Violation exists, said use shall remit full payment for all incurred costs.
SECTION 16: ESTABLISHMENT OF ZONING DISTRICTS AND PROVISIONS f OR Uf-
FICIAL ZONING MAP
For the purposes of this Ordinance, the Village is hereby divided into districts, as shown on the
Official Zoning Map, which,
together with all explanatory matter thereof, is hereby adopted by
reference and declared to be
a part of this ordinance. Said districts shall be known as:
R -1
Single Family Residence District
R -2
Single Family Residence District
R -3
Two Family Residence District
R -4
Multiple Family Residence District
R -5
Multiple Family Residence District
C -1
Neighborhood Convenience and Commercial District
C -2
Service Commercial District
C -3
General Commercial District
PURD
Planned Unit Residential District
The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the
Clerk and bearing the seal of the Village and the date of adoption of this Ordinance. The Zon-
ing Ordinance and Official Zoning Map shall be kept on file in the office of the Zoning Enforce-
ment rlff —
If, in accordance with the provisions of this ordinance, changes are made in district boundaries
or other matter portrayed on the Official Zoning Map, such changes will be made on the Of-
ficial Zoning Map promptly after the amendment has been approved by the Village Council
together with an entry on the Official Zoning Map as follows: "By Ordinance Number a-
dopted (date) by the Village of Shorewood the. following change or changes were made in the
Official Zoning Map: Description of change," which entry shall be signed by the Mayor and at-
tested to by the Clerk.
Any unauthorized change of the Official Zoning Map of whatever kind by person or persons
shall be considered a violation of this ordinance.
Whenever any street, alley or other public way is vacated by official action of the Village Coun-
cil the zoning districts adjoining each side of such street, alley or public way shall be automati-
cally extended to the center of such vacation and all area included in the vacation shall then
and hence forth be subject to all appropriate regulations of the extended districts.
SECTION 17: RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts, as shown on the Official Zoning
Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines or right -of -way lines of
streets. highways or alleys shall be construed to follow such center lines.
(2) Boundaries Indicated as approximately following platted lot lines shall be construed as
following such lot lines.
(3) Boundaries indicated approximately following Village limits shall be construed as fol-
lowing the Village limits.
(4) Boundaries Indicated as following railroad lines shall be construed to be midway be-
tween the main tracks.
(5) Boundaries indicated as parallel to, or extensions of, features indicated in subsections 1
through 5 above shall be so construed. Distances not specifically indicated on the Official
Zoning Map shall be determined by the scale of the map.
(6) Where the street or property
laut orIn other circumstances not variance with
subsections t
shown on the Official Zoning Map,
1 through 5 above, the Planning Commission shall interpret the district boundaries.
Section 18 R -1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1 PURPOSE
The R -1 RESIDENCE DISTRICT is intended to establish areas for the development of
single family housing on parcels of land approximately one (1) acre in size. The R -1 zones are
intended to reserve development areas for single family housing and to restrict encroachment
of Incompatible uses and at the same time take advantage of municipal utilities, maintain dens-
ity limitations, and preserve open space, y
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Single family detached dwellings
B. Public or quasi-public parks and playgrounds.
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted subject to the issuance of a Conditional Use Permit.
A. Farm and truck garden, excluding any retail sales facilities;
B. Cemeteries or memorial gardens; houses of worship and associated staff facilities;
C. Cluster single-family housing, detached, when keyed to topographic considerations sub-
ject to a mintmum tract area of three acres - excluding wetlands - under single or unified
ownership. Overall density shall not exceed one dwelling unit per acre (based on gross
acreage) and shall be permitted only subject to approval of an overall developmentplanfor
the tract; such plan shall provide for clustering of homes on lots less than 1 acre in size in
relation to municipal utilities, provided that setbacks generally be maintained between
buildings and a minimum of 40,000 sq. ft. per unit be accounted for, and that an easement
for open space on land not developed be granted to the village.
Ila D. Golf course and clubhouse facilities, yacht club.
Subd. 4 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. One to three car garages for vehicle and equipment storage only; car port
B. Swimming pools or game courts designed for exclusive use of occupants of the principal
use only if designed with appropriate safety features to reasonably avoid accidents.
C. Gazebo, out buildings and summer lawn- house;
D. Parking, as regulated in Section 13.
E. Signs, as regulated in Section 12.
F. Individual boat dock and customary beach accessories, subject to the restrictions of this
ordinance and limitations of the Lake Minnetonka Conservation District.
Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICT.
Section 19 R -2 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1 PURPOSE
The R -2 RESIDENCE DISTRICT is intended to provide residential areas for the development
of single family homes on parcels of land approximately one-half (4a) acre in size. The purpose
of this district in part is to allow a greater concentration of single family dwellings in areas of
municipal utilities where appropriate reservations for open space have been established by
means other than individual lot areas while generally maintaining setbacks between buildings
and on area density of not less than 20,000 sq. ft. per unit be accounted for.
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Single-family detached dwellings
B. Public or quasi - public parks and playgrounds
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit:
A. Conditional uses as permitted in the R -1 District
B. Cluster housing, detached, subject to a minimum tract area of three. acres excluding wetlands,
under single or unified ownership when keyed to certain topographic conditions. Overall density
shall not exceed one unit for each 20,000 sq. ft. (based upon gross acreage) and shall be per-
mitted only subject to approval of an overall development plan for the tract. Clustering of
than 20,000 sq. ft, in size in relation to municipal utilities, provided that a
homes on lots of less
minimum of 20,000 s ft. per'unit be accounted for, that setbacks between buildings be gener-
ally maintained, and that an easement for open space on land not developed be granted to the
village.
Subd. 4 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. Accessory uses as listed in the R -1 Residence District
Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS
Section 20 R -3 TWO- FAMILY RESIDENCE DISTRICT
Subd. ,1 PURPOSE
The R -3 RESIDENCE DISTRICT is intended to define suitable areas within the community
for the construction of single family and two family homes of a more compact nature, yet
maintain the character and amenities of single family residence areas.
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Single- family detached dwellings
B. Two - family attached dwellings; duplexes, double bungalows
C. Public or quasi - public uses listed as Permitted or Conditional Permitted uses in the R -1 Dis-
trict.
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit
A. Conditional uses as permitted in the R -2 District
B.Cluster housing, detached or attached in groups of two's subject to a minimum tract
area of three acres excluding wetlands, under single or unified ownership. Overall density shall
not exceed one unit per 15,000 sq. ft. (based upon gross acreage) and shall be permitted only
subject to approval of an overall development plan for the tract. Such plan should be keyed to
terrain and topographic features. Such plan shall provide for clustering of homes on lots of less
than 15,000 sq. ft. per living unit in relation to municipal utilities, provided that a minimum of
15,000 sq. ft. per unit be accounted for, that setbacks between structures generally be maintain-
ed, and that an easement for open space on land not developed be granted to the village.
Subd. 4 ACCESSORY USES
The following uses are permitted only when auxiliary to a principal use permitted,4bove; they
may not exist as principal uses in their own stead:
A. Accessory uses as permitted in the R -2 Residence District
Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS.
Section 21 R -4 MULTIPLE FAMILY RESIDENCE DISTRICT
Subd. 1 PURPOSE
The R -4 RESIDENCE DISTRICT is intended to provide areas offering a broad development
range in housing units, yet retain the environment and character of less intensive residence
areas through carefully established bulk and lot area requirements. Well designed townhouse
projects and low density garden type apartments would be examples of appropriate uses in
the District.
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Townhouses, garden apartments, patio homes
B. Uses listed as permitted uses in the R -3 District
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit
A. Uses listed as Conditional Permitted Uses in the R -3 District
Subd. 4 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. Any accessory use, building or structure customarily incidental to a use permitted above, and
located on the same lot therewith.
B. Parking and loading facilities, as regulated in Section 13.
C. Signs as regulated in Section 12
Subd. 5 DIMENSIONAL REGULATIONS w
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS.
Section 22 R -5 MULTIPLE FAMILY RESIDENCE DISTRICT
Subd. 1 PURPOSE
The R -5 RESIDENCE DISTRICT defines areas for the development of medium density multi-
ple dwelling structures. It is intended that areas zoned with the R -5 classification permit the
most intensive residential development where the demand for housing availability is the great-
est, subject to the district provisions stated herein. The character of the R -5 District should re-
main essentially residential.
Subd. 2 PERMITTED USES
The following uses are permitted as regulated herein, without special application requirements
or conditions attached:
A. Apartments, multiple family dwellings
B. Uses listed as permitted uses in the R -4 District
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit as
stipulated in Section 7.
A. Uses listed as Conditional Permitted Uses in the R -4 District, as regulated therein.
Subd. 4 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. Any accessory use building or structure customarily incidental to a use permitted above, and
located on the same lot therewith.
B. Parking and loading facilities, as regulated in Section 13
C. Signs as regulated in Section 12
Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
QLST R I CTS.
Subd. 6 SPECIAL DISTRICT PROVISIONS
The following allowances are to be added to or subtracted from the area requirements listed in
TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS:
A. For each garage (parking unit) within or under a unit, subtract`400square feet (800) square
feet maximum per unit
B For multiples adjacent to commercial or industrial development, subtract 250 square feet per
unit.
C. For multiple structures closer than 125 feet to R -1 or R -2 residentially zoned areas, add 300
square feet per unit.
D. For units containing in excess of two bedrooms, add 300 square feet per each additional bed-
room.
E. In such case wherein a principle structure must be removed or razed to permit the construc-
tion of new units, and further provided that said principal structure Is in a dilapidated condl-
tion or is otherwise economically unfeasible to rehabilitate, an allowance of two additional
units shall be'permltted for each principal structure so removed, said allowance to be in excess
of the maximum number of units computed for the site.
F. For multiple structures with less than a gross 25% lot coverage, subtract 100 square feet per
unit.
Section 23 C -1 NEIGHBORHOOD CONVENIENCE COMMERCIAL DISTRICT
Subd. 1 PURPOSE
The C -1 Commercial District Is Intended to identify suitable compact areas within the Village
for the maintenance and development of commercial service nodes which offer convenience
services and retail goods to adjacent residential neighborhoods. These commercial clusters may
have limited operations which serve patrons in automobiles, subject to issuance of a Conditional
Use Permit, but are primarily oriented for the convenience of local residents.
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Retail and Service. Retail business or service establishment supplying commodities or perfor-
ming services primarily for residents of the surrounding neighborhood on a day to day basis,
such as grocery stores, pharmacies, household light appliance repair, hardware stores, specialty
and handicraft shops, barber and beauty parlors, clothes repair and laundry pick -up stations
B. Eating and Drinking Places Soda fountains, ice cream parlors, tea rooms, restaurants and
cafes, but not including entertainment and drive -in restaurants
C. Offices. Business and professional offices
D. Residential. Dwelling units which are a part of the retail and service structure and, are occu
pled by the proprietor of said retail and /or service business
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit as
stipulated in Section 7
A. Self- Service Establishments. Self- service laundries, dry cleaners, enclosed vending machines
and similar uses
B. Entertainment. Cultural and recreational (family oriented) operations; neighborhood hobby
centers
C. Banks Bank, Savings and Loan Associations, finance companies, excluding those with drive -
up facilities
D. Studios Art, framing, music and dance studios and /or conservatories
E. Mortuaries Mortuaries or funeral homes
F. Apartments, multiple family dwellings as regulated in the R -5 District•Lodges and Fraternal
o rganizatlons
Subd. 4 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. Any accessory use,. building or structure customarily incidental to a principal use permitted
above, and located on the same lot therewith.
B. Parking and loading facilities, as regulated in Section 13
C. Signs as regulated in Section 12
18 Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth In Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS.
Subd. 6 SPECIAL DISTRICT PROVISIONS
A. Size Restricted. Each business establishment is restricted to a maximum of 3,000 square
feet in gross floor area.
B. Storage - Displays 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 cony
pleteiy enclosed building within the C -1 District, or within the confines of a one - hundred (100)
Percent opaque wall or fence not less than five(5) feet high. Merchandise which is offered for
sale as described heretofore may be temporarily displayed beyond the confines of a building in
the C -1 District, but the area occupied by such outdoor display shall not constitute a greater
number of square feet than five (5) percent of the gross main floor area of the building housing
the principal use, unless such merchandise is of a type customarily displayed outdoors such as
garden supplies
C. Production for Sale at Retail. All products produced on the premises whether primary or
Incidental, shall be sold at retail on the premises where produced.
Section 24 C -2 AUTOMOTIVE SERVICE COMMERCIAL DISTRICT
Subd. 1 PURPOSE
The C -2 DISTRICT is intended to provide areas particularly oriented to automotive type of ser-
vices (eg: drive -up or drive -in establishments) which would property be developed along major
thoroughfares within the community.
Subd. 2 PERMITTED USES
The following uses are permitted, as regulated herein, without special application requirements
or conditions attached:
A. Service stations, automobile repair shops (See Section 14)
B. Car wash operations, including automated lanes (See Section 14)
C. Drive -in or drive-up restaurants, banking facilities, postal centers and the like.
D. New car and marine sales and display areas
E. Drive -up convenience goods and food shops, subject to a maximum of 5,000 sq. ft. of sales
area.
F. Business and professional offices
G. Nurseries, garden supply centers
Subd. 3 CONDITIONAL PERMITTED USES
'The following uses are permitted only subject to the Issuance of a Conditional Use Permit
as stipulated in Section 7.
A. Used car sales and display areas as a part of a new car dealership.
B. Automobile storage only If enclosed by a 100 percent opaque fence of acceptable design and
at least six feet in height.
Subd. 4 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. Any accessory use, building or structure customarily Incidental to a principal use permitted
above, and located on the same lot therewith.
B. Parking and loading facilities as regulated in Section 13.
C. Signs as regulated in Section 12.
Subd. 5 DIMENSIONAL REGULATIONS
Building height, lot area, bulk and yard setback requirements shall be those set forth in Section
26, TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS FOR ZONING
DISTRICTS.
Section 25 C -3 GENERAL COMMERCIAL DISTRICT,
Subd. 1 PURPOSE
The C -3 Commerical District is intended to provide one or more areas for the grouping of gen-
eral retail sales establishments, offices and services which offer convenient shopping facilities
for village residents and the surrounding area. C -3 District provisions and boundaries are,esta-
blished to promote compatible land use relationships among diverse types of uses and encourage
well planned development or expansion in accord with the approved Comprehensive Plan. Only
,those uses which substantially interfere with the overall function of the general commectial
area will be excluded.
Subd. 2 PERMITTED USES
The following uses are permitted as regulated herein, without special application requiremenft
or conditions attached:
A. Trade and Services: Any retail store, personal service or business service establishment
subject to all applicable regulations and such permits and licenses as may be required by
law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor
or vibration, including the following and other similar uses:
I. Eating and drinking places.
2. Cultural, entertainment and recreational establishments.
3. General merchandising, apparel and accessories establishments. r lljr
4. Trade and business schools.
5. Catering establishments.
6. Commercial studios.
7. Employment agencies.
8. Furniture, home furnishing and equipment, sales and display.
9. Interior decorating service and sales.
10.Publishing, job printing and blue printing.
11.Autornotive or trailer sales and service establishments.
12.Building materials and hardware, retail sales /repairs.
13.Wholesale trade, sales offices.
14.Post offices and other public service operations.
15.General Business offices.
B. Commercial Parking Garages, Ramps and Lots: Commercial parking structures and lots for
Passenger vehicle only, provided a reservoir space is provided within the structure or lot for
holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two
vehicles.
Subd. 3 CONDITIONAL PERMITTED USES
The following uses are permitted only subject to the issuance of a Conditional Use Permit as
stipulated in Section 7:
A. All uses permitted in the C -2 District subject to any speclal regulations for the permitted
use.
B. Residential Uses: Apartments, multiple family. structures existing independently or incor-
porated with general commercial uses on floors other than the ground floor.
Sued. 4 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. Any accessory use, building or structure customarily Incidental to a principal use permitted
above, and located on the same lot therewith.
B. Parking and loading facilities, as regulated in Section 13.
C. Signs, as regulated in Section 12.
Subd.5 SPECIAL DISTRICT PROVISIONS
A. Storage - Displays: All materials, supplies, merchandise or other similar matter not on dis-
play for direct sale, rental or lease to the ultimate consumer or user shall be stored within a
completely enclosed building within the C -3 District or within the confines of a one hundred
(100) percent opaque wall or fence not less than five (5) feet high. Merchandise which is of-
fered for sale as described heretofore may be displayed beyond the confines of a building
in the C -3 Business District only upon application to the Planning Commission and Council
for special, temporary permission and only following agreement to all conditions which may
be attached to such authorization.
B. Exceptions to Off - Street Parking and Loading Requirements Stipulated In Section 13:
Up to 100% of the total required off - street parking spaces may be waived by the Planning
Commission & Council when the Commission and Council's opinion adequate off - street
parking capacity exists or will be provided through public parking lots and parking'.
garages within a distance of three hundred (300) feet of the building line of such use.
c) rear: bldg. line
SECTION 26- TABULATION OF DIMENSIONAL AND SPECIAL REQUIREMENTS
Drstricts
R -1
R -2
11-3.
R -4
R -5
C -1
C -2
C -3
Requirements:
(minimum)
50 ft.
50 ft.
40 ft.
1) Building Height
40 ft.
10 ft.
10 ft.
10 ft.
d) corner or through
(Maximum)
lot: bldg. line to
a) allowable stories
242
242
242
3
4
2
142
4
b) prinlcpal structure
front yard set-
front yard set-
front yard set-
front yard set-
back required
back required
back required
(hgt. in. ft.)
35
35
35
40
45
25
20
45
c) accessory structure
for all yards
for all yards
for all yards
for all yards
abutting
abutting
abutting
(hgt. in ft.)
15
15
15
15
15
15
15
15
2) Lot Area Requirements
streets
streets
streets
streets
"R' . District
a) Minimum total lot
boundary
f) Setback from
N/A
N/A
N/A
area (sq. ft)
N/A
50 ft.
50 ft.
50 ft.
lakeshore
4) Structural Bulk
50 ft.
50 ft.
50 ft.
(New development only)
100 ft.
N/A
N/A
N/A
a) gross floor area
Single - Family
40,000
20,000.,
20,000•
15,000
10,000
N/A
N/A
N/A
Two-Family
3,000 sq. ft.
30,000•
20,000-
15,000
Multiple-Family
0.9
--
0.5
242 acres
3 acres
Non -Res.
N/A - Not applicable
5,000
20,000
N/A
b) required lot area '
per D.U. for two
family or multiples
15,000
7,000
3,500
N/A
N/A
N/A
C) lot width at building
line (minimum
frontage)
120 ft
100 ff.
100 ft.
100 f,.
100 ft.
150 ft.
150 ft.
N/A
d) lot depth
(minimum)
150 ft.
120 ft.
120 ft.
120 ft.
100 ft.
150 ft.
150 ft.
N/A
e) allowable percentage
of lot coverage (all
structures)
3) Yard Setback Require-
20%
25%
25%
35%
35%
70%
40%
80%
ments
a) Front: bldg. fine
to street fine
(minimum)
50 ft.
35 ft.
35 ft.
30 ft
25 ft.
none
40 ft.
none
b) side: bldg. line to
lot fine (minimum)
each side:
each side:
each side:
S.F -each side:
S.F -each side:
none
each side:
none
10 ft.
10 ft.
15 ft.
10 ft.
8 ft.
20 ft.
2 F -each side:
2 F -each side:
15 ft.
10 ft.
MF -each side:
20 ft
MF -each side:
20 ft
c) rear: bldg. line
to lot line
(minimum)
50 ft.
50 ft.
40 ft.
25 ft.
40 ft.
10 ft.
10 ft.
10 ft.
d) corner or through
lot: bldg. line to
street line
front yard set-
front yard set-
front yard set-
front yard set-
front yard set-
front yard set-
front yard set-
front yard set-
back required
back required
back required
back required
back required
back required
back required
back required
for all yards
for all yards
for all yards
for all yards
for all yards
for all yards
for all yards
for all yards
abutting
abutting
abutting
abutting
abutting
abutting
abutting
abutting
e) setback from
streets
streets
streets
-
streets
streets
streets
streets
streets
"R' . District
boundary
f) Setback from
N/A
N/A
N/A
N/A
N/A
50 ft.
50 ft.
50 ft.
lakeshore
4) Structural Bulk
50 ft.
50 ft.
50 ft.
75 ft.
100 ft.
N/A
N/A
N/A
a) gross floor area
(maximum)
b) floor area ratio
N/A
N/A
N/A
0.6
3,000 sq. ft.
10,000 sq. ft.
20,000 sq. ft.
0.9
0.6
0.5
3.0
D.U. - Dwelling Units
N/A - Not applicable
V
Section 27 PLANNED UNIT RESIDENTIAL DEVELOPMENT (P.U.R.D.)
Subdivision 1. PURPOSE: The provislons of this section of the zoning ordinance are intended
to provide residential areas which can be developed with some modlficatlon of the strict applica.
tion of regulations of the R -1, R -2, R -3, R -4 and R -5 Residence Districts in accordance with the
provisions and regulations contained herein.
P.U.R.D.`s can be developed within any Residence District with the overall population density
or number of liv)nq uhits permitted to be constructed in general conformance with the provis-
ions of the basic zoning district in which It is located. If a P.U.R.D. is proposed in an existing
single - family district, higher densities may be allowed with the specific density determined by
the Planning Commission and Village Council. However, rather than strictly enforcing the
concept of uniformity of housing types in each district, this provision will encourage;"
A. Flexibility In residential land development to benefit from new technology in building de-
sign and construction and land develbpment.
B. Variety in the organization of site elements, building densities and housing types.
C. Higher standards of site and building design through the 6se of trained and experienced Land
Planners, Registered Architects and /or Landscape Architects to prepare plans for all Planned
Unit Residential Developments.
D. Preservation and enhancement of desirable site characteristics and open -spaceg
E. More efficient and effective use of land, open -space and public facilities.
Subdivision 2: PERMITTED USES: Within a P.U.R.O., no land or buildings shall be used except
for one or more of the following uses:
A. Dwelling units in detached, semi- detached, attached, multi- storied structures or any com-
bination thereof.
Subdivision 3: AREA, SETBACK, HEIGHT AND LOT COVERAGE REGULATIONS:
A. Lot Area Regulations:
1. The minimum total lot area shall be not less than 10 acres. Lots of less than 10 acres may
qualify only if the applicant can show that the minimum lot area requirement should be
waived because a P.U.R.D, is in the public Interest and that one or both of the following
conditions exist:
a. Unusual physical features of the property itself or of the surrounding neighborhood
are such that development under the standard provisions of the Residence Districts
would not be appropriate• in order to conserve a physical or terrain feature of im-
portance to the neighborhood or community. .
b. The property is adjacent to or across the street from property which has been devel-
oped under the provisions of this section and will contribute to the amenities of the
neighborhood.
2. A P.U.R.D. may provide for.a variety of housing types in any one of the basic residential
zoning districts. The total number of dwelling units allowed in a development shall be de-
termined by the area standards of the zoning district in which the proposed development
Is to be located, and the density specified by the Planning Commission and Village Coun-
cil. A plan may provide for a greater number of dwelling units per acre than would other-
wise be permitted by the regulations otherwise applicable to the site, but.1f the density
or intensity of land use exceeds by more than 10 percent that permitted by the regula-
tions otherwise applicable to the site, the applicant has the burden to show that such
. excess will not have an undue and adverse impact on existing public facilties and on the
reasonable enjoyment of neighboring property. In no case, except as noted in this para-
graph, shall the number of Dwelling Units per acre (OU /AC) exceed twice the number
permitted for the original zoning district. Lands as defined by the Wetlands Ordinance
shall not be included in the computation of density.
B. Front, Rear and Side Yard Building Setback Regulations:
Building setbacks from all property lines which form the perimeter of the total property in
the P.U.R.D. shall be 50 feet or the height of the building, whichever is greater.
C. Building Height Regulations:
There shall be no height limitations for any buildings in a P.U.R.D. except that all multi-
level buildings shall setback the height of the building from all adjacent buildings.
D. Lot Coverage:
1. The total ground area occupied by buildings in a P.U.R.D. shall not exceed twenty per-
cent of the total site area in the project. If the total project is to be staged as regulated
below, open -space shall be provided so that the ground coverage of each stage shall not
exceed the maximum allowable coverage.
2. There shall be a maximum floor area ratio (F.A.R.) of 0.5. Floor area ratio shall be deter-
mined by dividing the sum total of the gross area of all floors of the principle structure
on a site by the gross area of the total site.
Subdivision 4: BUILDING AND SITE DESIGN, CONSTRUCTION AND MAINTENANCE
REGULATIONS:
A. More than one building may be placed on one platted or recorded lot in any P.U.R.D. Areas
for single - family detached dwellings must comply with the Shorewood Subdivision Ordin-
ance in all respects not specifically noted in this section as appropriate variances or waivers.
B. A P.U.R.D. which only involves one housing type, such as all detached or all attached units, /
shall not be considered as Inconsistent with the stated purposes and objectives of this sec-
tion and shall not be the sole basis for denial or approval.
C. Architectural style of buildings shall not solely be a basis for denial or approval of a plan.
However, the overall appearance and compatibility of individual buildings to other site ele-
ments or to surrounding development will be primary considerations in the review stages of
the Planning Commission and Council.
D. No building permit shall be granted for any building on land for which a plan for a P.U.R.D.
is in the process of Village review or which does not conform to the approved final plan.
E. Staging of Development:
1. Any P.U.R.D. plan proposed to be constructed in stages shall include full details relative
thereto and the Village Council may approve or modify where necessary, any such pro-
posals
2. The staging shall Include the time for beginning and completion of each stage. Such
timing may be modified by the Village Council on the showing of good cause by the
developer.
3. The Land Owner or Developer shall make such easements, covenants and other arrange -
ments and shall furnish such performance bond or bonds as may be determined by the
Village Council to be reasonably required to assure performance in accordance with the
is plan and to protect the public interest in the event of abandonment of the plan before
completion.
F. Open-Space:
A primary function of the P.U.R.D. rrovision is to encourage development which will pre-
serve and enhance the worthwhile, natural terrain characteristics and not force intense de-
velopment to utilize all portions of a given site in order to arrive at the maximum density al-
lowed. In 3valuating each individual proposal, the recognition of this objective will be a basic
consideration in granting approval or denial including but not limited to the following.
1. The amount and location of common open -space shall be consistent, with the stated pur-
pose and intent of this section.
2. All common open -space shall be labeled as such and as to its intent or designed functions.
G. Covenants, Easements and Restrictions:
The final plan shall contain such proposed covenants, easements and other provisions relating
to the bulk, location and density of such residential units, and public facilities as are neces-
sary forthe welfare of the Planned Unit Residential Development and are consistent with the
best Interests of the entire Village. All or any of the covenants, easements and other provi-
sions, if made part of the final plan may be modified, enforced, removed or released as deem
ad necessary by the Village Council.
H. Streets, Ujilities, Services and Public Facilities:
The uniqueness of each proposal for a P.U.R.O. requires that specifications and standards
for streets, utilities and services shall be subject to minor modifications from the specifica.
tions and standards established in this and other Village: ordinances governing their con-
struction. The Council may therefore, waive or modify the specifications or standards where
It is found that they are not required in the interests of the residents or of the entire Village.'
The plans and profiles of all streets, utilities and services shall be reviewed, modified, If
necessary and approved by the Village Engineer and Building Inspector, prior to the final
approval of the P.U.R.D, plan by the Council. All P.U.R.D. projects shall be served by public
or community water and public sewer systems
Subdivision 5: APPLICATION, REVIEW AND ADMINISTRATIVE PROCEDURES:
A. The general Procedure for application, review and - action on a P.U.R.O. shall be according
to the following outline, with more detailed requirements found in the remainder of this
subdivision.
1. Application, filing fee of $500.00 plus $15.00 per acre and six (6) copies of the prelimin-
ary plan are to be submitted to the Village Clerk at least 14 days prior to public hearing
date.
2. Village staff reviews Preliminary Plans and transmits copies of review to Planning Com-
mission members and applicant at least five days before public hearing before Planning
Commission.
3. Planning Commission holds public hearings on Preliminary Plan.
4. Planning Commission sends recommendations for action on Preliminary Plan to Village
Council within 90 days of filing of application.
5. Council acts on Preliminary Plan. 4/5's vote of the council shall be required for approval.
6. If Council approves Preliminary Plan, applicant submits Final Plan within 90 days of
Council approval and 30 days prior to Final Plan review at Council meeting.
7. Village Clerk transmits copies of the Final Plan to the Planning Commission and Village
Staff.
Ii Planning Commission and Staff review Final Plans and make recommendation to Village
Council at least ten days before Council meeting.
9. Council reviews Finat Plan and takes action. 4 /5's vote of the Council shall be required
for approval.
10.If Council approves Final Plan, Zoning Enforcement Officer changes the zoning classifica.
tion on the Official Zoning Map if a zoning change was made and further designates the
district or portion of a district as a P.U.R.D.
B. Application procedures for a P.U.R.O. follows the procedure for Amendment, Section 6,
Subdivision 3 with more specific application requirements in the following paragraphs.
C. Application for a P.U.R.D, shall be made by the owner of the property except that an op-
tion holder may apply for a P.U.R.D. provided his application Is accompanied by a signed
statement Indicating, no objections from the owner or owners of all properties Involved in
the application.
D. Application for a Preliminary P.U.R.D. Plan shall be filed with the Village Clerk and shall
be accompanied by 6 copies of the following plans and Information.
1. Location maps showing location within Village and more specific location on a half sec-
tion plat map showing all surrounding property lines and ownership within 200 feet of
the proposed P.U.R.D, as the same appears on the records of the County Auditor of
Hennepin County.
2. All information required on a Preliminary Plat as outlined in the Subdivision Regulations.
3. General development plan indicating:
a. All types of uses proposed
b. Density of each type of use
c. Height and bulk of all buildings
4. Summary sheet indicating:
a. Area of land in each use or each separate intensity of use.
b. Number of units proposed including number of bedrooms in each area In 4a, above.
C. Number of acres of common open - space.
d. Modifications of any provisions of this ordinance or any other ordinance, codes or
regulations of the Village of Shorewood.
5. Phasing Plan indicating geographical staging and approximate timing of the Plan or portions
thereof.
6. Written statement by the applicant indicating how his proposed development conforms to
the stated objectives and purpose of'this section and why his proposal would be in the pub-
lic Interest.
7. The fee for filing a P.U.R.D. which Includes the fees for subdivision; newspaper publica-
tions of the public hearing, mailing of notices to owners within 300 feet.
E. Planning Commission Study and Review of Preliminary Plan.
1. The Planning Commission shall make its recommendations to the Village Council for
project approval; approval with conditions or denial. Such recommendations shall be
made within 90 days of the submittal of application unless the applicant files a wVItten
request to the Planning Commission for delay. If the Planning Commission does not
make Its recommendations within the specified time period and a delay has not been
requested by the applicant, the Council.mav take action on request by the applicant.
2. The Planning Commission shall forward to the Council its recommendation based on
and including but not limited to the following.
a. Compatibility with the stated purposes and intent of the Planned Unit Residential
Development.
b. Relationship of the proposed plan to the neighborhood in which it is pnosed to be
located.
c. Internal organization and adequacy of various uses or densities; circulation and park-
ing faciities; public facilities, recreation areas and open spaces.
F. The Planning Commission and Councii:may from time to time amend or vary the applica-
tion and review procedures and the amount and type of documents to be presented.
G. Final Plan Review
1. A Final Plan shall be submitted with an application for Final Plan approval within 90
days after Council approval of the Preliminary Plan unless a written request foran exten-
sion is submitted by the applicant. If an application for final approval, or request for an
extension is not received within 90 days, the Preliminary Plan will be considered aband-
oned and a new application for a Preliminary Plan must be submitted following the Pre-
liminary Plan procedure. There shall be a maximum of extensions of not more than one
(1) year.
2. The Village Council shall review the Final Plan at its first regularly scheduled meeting
which occurs 30 days after filing of the application for Final Plan approval.
3. The Final Plan shall be in substantial compliance with the approved Preliminary Plan.
Substantial compliance shall mean:
a. The number of residential living units has not been increased,
b. The floor area of non - residential uses has not been increased,
c. Open -space has not been decreased or altered to change its original intended design or
use
d. All special conditions prescribed on the Preliminary Plan by the applicant or any of
the reviewing bodies have been incorporated into the Final Plan.
4. ii the Final Plan Involves the platting or division of land or the platting of public streets.
the procedures for approving and recording of plats shall be followed.
5. If the zoning change or the Final Plan is approved as a P.U.R.D., the plan is attached to
and is a part of the ordinance establishing the zoning changes. The Zoning Enforcement
Officer shall then change the zoning classification on the Official Zoning Map to a
P.U.R.D. designation and indicate appropriate references to the ordinance authorizing
the rezoning and development agreement.
6. Non - Compliance; Inspection.
a. In the event that a plan, or a section thereof, is given final approval and thereafter the
landowner shall abandon said plan or the section thereof that has been finally ap-
proved, the landowner shall so notify the Village Council in writing; or, in the event
the landowner shall fail to commence the planned development within 12 months
after final approval has been granted, then and in that event, such final approval shall
terminate and be deemed null and void unless such time period is extended by the
Village Council upon written application of the landowner.
b. The Zoning Enforcement Officer shall review each Planned Development at least
once each year until completed and shall make a report (through the Plan Commis-
sion) to the Village Council on the status of the development in each P.D. District.
If development is not progressing reasonably well, according to schedule, the owner
shall oe required within 30 days to submit a statement to the Council setting forth
the reasons for the lack of progress.
c. Thereafter, the Village Council shall either revoke the conditional use permit, and the
land shall thereafter be governed by the regulations applicahle in the district in which
it is located; or shall take such steps as it shall deem necessary to compel compliance
with the plans approved; or shall require the owner to seek an amendment of his plan
as provided below.
d. After final approval, no planned development shall be amended except by 4/5's vote
of the Village Council.
Section 28. VIOLATION AND PENALTY
Subd. 1 VIOLATION AND PENALTY
Any person, firm, or corporation who shall violate any of the provisions hereof or who shall
fail to comply with any of the provisions hereof or who shall make any false statement in any
document required to be submitted under theprovisions hereof shall be guilty of misdemeanor
and, upon conviction thereof, shall be punished by a fine not to exceed three hundred (300)
dollars and /or by imprisonment for not to exceed ninety (90) days. Each day that a violation
continues shall constitute a separate offense.
Subd. 2 ENFORCEMENT
In case any building or structure is erected, constructed, reconstructed, altered, repaired, con-
verted, or maintained, or any building, structure, or land is used in violation of this Ordinance
the Zoning Enforcement Office, in addition to other remedies, may institute any proper action
or proceedings in the name of the Village of Shorewood. He shall hereby have the powers of a
police officer to present such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use to restrain, correct or abate such violations to prevent the oc-
cupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or'
use in or about said premises.
Section 29 REPEAL OF CONFLICTING ORDINANCES
The Zoning Ordinance, ordinance No. 8 and ordinances No. 15, 22, 43, 50 and 69, and all other
ordinances or parts thereof of the Village of Shorewood inconsistent herewith and to the extent
of such inconsistency and no further, are hereby repealed except that any conflict between this
ordinance and the Wetlands Ordinance, shall be resolved by the Wetlands Ordinance taking pre -
precedence over the provisions of this ordinance.
Section 30 VALIDITY
Should any section or provision of this Ordinance be declared by a court of competent jurisdic-
tion to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any
part thereof other than the part so declared to be Invalid.
Section 31 EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication accord-
ing to law.
Adopted by the council of the Village of Shorewood, Mn. this 24 day of September, 1973.
Signed: T.E. Holloran Mayor
Attest: Elsa 1. Wiltsey, Village Clerk Publish: The Maverick Newspaper, November 21, 1973
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