Ord 575ORDINANCE 575
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AMENDMENTS TO SECTION 1201 (ZONING REGULATIONS)
OF CITY CODE
Section 1: City Code Section 1201.02 (Definitions) is hereby amended as follows:
1201.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply.
ACCESSORYAPARTMENT. A small apartment that meets the standards of § 1201.03, Subd. 22. of this
code, and is located within and is subordinate to an owner -occupied, single-family dwelling. An
ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully
independent living.
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure, or use, whether
attached or detached, that is located upon the same lot on which the principal main building or use is
situated and which is reasonably necessary, appropriate, and incidental to the conduct of the primary use
of the principal building or main use. Accessory buildings typically include, but are not limited to, garages,
sheds, storage or workshop areas, treehouses, docks, gazebos, and the like. Accessory structures typically
include, but are not limited to, lights/light poles, fences, mailboxes, and the like.
AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily used for farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry.
ANTENNA SUPPORTSTR UCTURE. A building, water tower or other structure, except a tower, which can
be used for location of telecommunications facilities.
APARTMENT. A room or suite of rooms, located in a building containing three or more similar units,
which is designed for, intended for or occupied as a residence by a single family or an individual and is
equipped with cooking and sanitation facilities. (See D WELLING- MULTIPLE- FAMILY.)
AQUIFER RECHARGEAREAS. All land surface areas which by nature of their surface and/or subsurface
characteristics are determined to contribute to the replenishment of subsurface water supplies.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor
vehicles or trailers; collision service, including body, frame or fender straightening or repair; painting; vehicle
steam cleaning.
AUTOMOBILE REPAIR - MINOR. Minor repairs, upholstering, replacement of parts and motor services
to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any
operation specified under AUTOMOBILE REPAIR - MAJOR.
AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running
condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation
or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof, and
including any commercial salvaging and scavenging of any other goods, articles or merchandise.
AWNING. A temporary hood or cover which projects from the wall of a building and of a type which can
be retracted, folded or collapsed against the face of a supporting building.
BALCONY. (See DECK.)
BASEMENT. A portion of a building located partially underground, but having less than the one-half its
floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of
elevation of the finished surface of the ground, paving or sidewalk within the area between the structure
and the property line or when the property line is more than five feet from the building, between the
building and a line five feet from the building.
BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or
intercepting streets or railroad rights -of -way or unsubdivided acreage.
BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an
area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part
of the bluff):
a. Part or all of the feature is located in a shoreland area;
b. The slope rises at least 25 feet above the ordinary high water level of the waterbody;
C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary
high water level averages 30% or greater; and
d. The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for
definite periods, meals or lodging and meals are provided to three or more persons, not of the principal
family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a
building providing these services for more than ten persons.
BOULEVARD. The portion of a street right-of-way not occupied by pavement.
BUILDABLEAREA. The portion of a lot, excluding wetlands, remaining after required yards have been
provided.
2
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat roof, to
the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck
line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall mean the
lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between
the structure and the property line or when the property line is more than five feet from the building,
between the building and a line five feet from the building.
BUILDING -INTEGRATED SOLAR ENERGYSYSTEM. A solar energy system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for
an architectural or structural component of the building including, but not limited to, photovoltaic or hot
water solar systems contained within roofing materials, windows, skylights and awnings.
BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is
placed in accordance with setback provisions.
BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is
manufactured, exhibited or sold or where services are offered for compensation.
CELLAR. A portion of a building having more than one-half of the floor to ceiling height below the lowest
land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the structure and the property line or when the property
line is more than five feet from the building, between the building and a line five feet from the building.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine
and conduct water either continuously or periodically.
CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying
annual dues, use of premises being restricted to members and their guests.
COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or
entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating
rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses.
COMMERCIAL TRAILER. A trailer that transports property, materials and/or machinery used for an
occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer
does not negate its designation as commercial.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products,
goods and services.
COMMERCIAL VEHICLE. A self-propelled vehicle that travels along the ground on wheels and transports
persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise
by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its
designation as commercial.
CONDITIONAL USE. A use that, because of special control problems the use presents, requires
3
effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the
protection of the public welfare and the integrity of the City Land Use Plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified
in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions and the special problems
which the proposed use presents.
CONDOMINIUM. A multiple dwelling containing individually -owned dwelling units and jointly- owned
and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium
Law, M.S. §§ 515.01 to 515.19, as may be amended.
CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food or drink in or on
disposable containers in individual servings for consumption on and off the premises or may include a
drive-thru service window.
COOPERATIVE (HOUSING). A multiple -family dwelling owned and maintained by the residents and
subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real
property is under common ownership as contrasted to a condominium dwelling where individual units are
under separate individual occupant ownership.
DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides
one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance
on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home.
DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care
homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs
and day services.
DECK. A flat -floored roofless platform adjoining a dwelling, used primarily for recreation.
DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and
services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and
services are furnished.
DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of
buildings and lands are uniform for each class of use permitted therein.
DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or
part of a stream.
DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed
or maintained in or over a waterbody, whether permanent or temporary, including all "Ls", "Ts" or posts
which may be a part thereof.
DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered
for sale but not including veterinary clinic.
DRAINING. The removal of surface water or ground water from land.
11
DREDGING. To enlarge or clean out a water body, watercourse or wetland.
DRIVE-IN FACILITY. A facility that accommodates the patron's automobile from which the occupants
may receive a service or in which products purchased from the establishment may be consumed.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including
one -family, two-family and multiple -family dwellings, but not including hotels, motels and boarding
houses.
DWELLING -MULTIPLE-FAMILY(APARTMENTS). A building designed with three or more dwelling
units exclusively for occupancy by three or more families living independently of each other, but sharing
hallways and main entrances and exits. (See APARTMENT.)
DWELLING -SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family.
a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living
independently of each other.
a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
b. DUPLEX. A two-family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not
including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles.
EARTHSHELTEREDD WELLING UNIT. A structure which complies with applicable building standards
and which is constructed so that:
a. 80% or more of the roof area is covered with a minimum depth of 12 inches of earth; and
b. 50% or more of the wall area is covered with a minimum depth of 12 inches of earth.
EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom,
hallway, closets or dining alcove.
ELDERLYHOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62
years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act.
ENGINEER. A registered professional engineer licensed by the State of Minnesota.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or
overhead gas, electrical, steam or water transmission or distribution systems, collection, communication,
supply or disposal systems by public utilities, municipal or other governmental agencies, but not including
buildings.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared
for children, together with not more than one person not so related, living together in the whole or part of a
dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in
the housekeeping unit shall be considered a separate family for the purpose of this code.
5
FARM. (See AGRICULTURAL LAND.)
FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.
FENCE - BOUNDARYLINE. All fences located within eight feet of a property line.
FENCE - INTERIOR YARD. All fences located eight feet beyond a property line.
FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material.
FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or
Lake William and as is designated and numbered on the Official Zoning Map.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas
from:
a. The overflow of inland waters; or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of
FLOOD.)
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion
thereof devoted to a particular use as measured from the inside of the building. For non-residential
buildings, floor area shall include accessory storage areas located within selling or working space such as
counters, racks or closets and any basement floor area devoted to retailing activities, to the production or
processing of goods or to business or professional offices. However, the floor area for non-residential
buildings shall not include: basement floor area other than area devoted to retailing activities, the
production or processing of goods or to business or professional offices.
FLUSH -MOUNTED SOLAR ENERGYSYSTEM. A roof -mounted system mounted directly abutting the
roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than
ten inches above the roof.
GARAGE -PRIVATE. An accessory building or accessory portion ofthe principal building which is intended
primarily for and used to store the private passenger vehicles of the family or families resident upon the
premises and in which no business service or industry is carried on.
GARAGE - PUBLIC. Any garage other than a private garage.
GRADING. Changing the natural or existing topography of land.
GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or
translucent, rigid material, which is used to maintain suitable conditions under which plants may be grown.
GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is
made for cooking.
3
HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the
dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the
dwelling unit.
HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast,
furnished apartment house, short-term rental unit not in a residential district, or other building, which is
kept, used or advertised as, or held out to the public to be, a place where sleeping and/or housekeeping
accommodations are supplied for pay to guests for transient occupancy.
IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot
penetrate. The following shall not be considered impervious surfaces:
a. Cantilevers no greater than two feet from the side of the structure and at least four feet above
the adjacent grade.
b. Overhangs no greater than two feet from the side of the structure.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch,
strip, row or block.
INTERIM CONDITIONAL USE. A temporary use of property until a particular date, until the occurrence
of a particular event or until the use is no longer allowed by zoning regulations.
INTERIM CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with
procedures specified in § 1201.04 of this code.
INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged,
stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides,
rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or
other vehicles.
LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes),
vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of
the land.
LIGHTING RELATED -
a. BACKLIGHT. Light trespassing behind the fixture from the light source toward the
ground.
b. FOOTCANDLE. The international unit of illumination intensity on a surface.
C. FULL CUT-OFF L UMINAIRE. A luminaire with no direct up -light either directly from
the light source or any diffusing element or by any indirect reflection or refraction.
d. GLARE. Light entering the eye directly from luminaires or indirectly from reflective surfaces that
causes visual discomfort or reduced visibility.
e. IDEALLY ORIENTED. A luminaire mounted with the backlight portion of the light
output oriented perpendicular and toward the property line.
f. NOT IDEALLY ORIENTED. A luminaire mounted in anyway other than with the
backlight portion of the light output oriented perpendicular and towards the property line.
7
g. SHIELDED L UMINAIRE. A luminaire constructed and installed in such a manner that all
light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by
reflection or refraction from any part of the luminaire is projected away from adjacent properties or public
streets.
h. UPLIGHT. A light placed or designed to throw light upward.
LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of
vehicles while loading and unloading merchandise, materials or passengers.
LODGING HOUSE. A building other than a hotel or motel, where for compensation for definite periods
lodging is provided for three or more persons not of the principal family, but not including a building providing
this service for more than ten persons.
LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or
without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as one lodging room.
LOT (OFRECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective
date of this chapter, or approved by the city as a lot subsequent to the date and which is occupied by or intended
for occupancy by one principal building or principal use together with any accessory buildings and the open
spaces as required by this chapter and having its principal frontage on a public street or a private street
approved by the Council.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces
as are required under the provisions of this zoning regulation having not less than the minimum area required
by this zoning ordinance for a building site in the district in which the lot is situated and having its principal
frontage on a street or a proposed street approved by the Council.
LOT AREA. The area of a horizontal plane within the lot lines.
LOTAREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling.
LOT, BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being
subdivided into a two-family or quadraminium subdivision.
LOT- CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at
the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from
a 90-degree angle from the street right-of-way (or tangentially on a curved street or cul-de-sac) within the lot
boundaries.
LOT- DOUBLE FRONTAGE. An interior lot having frontage on two streets.
LOT - INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any
portion of the lot extends into the abutting street or water body the lot line shall be deemed to be the street
right-of-way or the ordinary high water mark.
LOT LINE- FRONT. The front of a lot shall be, for purposes of complying with this chapter, that boundary
having the least width abutting a public right-of-way or private street.
LOT LINE - REAR. The rear of a lot shall be, for purposes of complying with this chapter, that boundary
opposite the front lot line.
LOT - THROUGH. A lot fronting on two parallel streets.
LOT - UNIT. A lot created from the subdivision of a two-family dwelling or quadraminium, having
different minimum lot size requirements than the conventional base lots within the zoning district in which
it is located.
LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot
depth measured at the required minimum building setback line.
MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320
or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems contained therein; except that the term includes any
structure which meets all the requirements and with respect to which the manufacturer voluntarily files a
certification required by the Secretary of the U.S. Department of Housing and Urban Development and
complies with the standards established under M.S. Chapter 327.
MARINA. An area of concentrated watercraft mooring or docking, where accessory facilities may be
provided for some or all of the services as fueling, sewage pumpout, boat launching, boat repair and boat
storage; except that marina does not mean temporary docks associated with riparian residential
development if the mooring area is of a size not to exceed the resource limitations of the site and the needs
of the residents of the development.
MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out
by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding,
vibrating or stimulating the human skin, muscles and tissues for no other purpose than physical fitness,
health care referral, healing relaxation and beautification.
MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor,
osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician or barber
who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides
massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a
recognized massage therapy school.
MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations
and service available to the public. This service is provided without overnight care available.
MOTELI MIOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing
guest rooms or units, each of which has a separate entrance directly from the outside of the building, or
X
corridor, with garage or parking space conveniently located to each unit, and which is designed, used or
intended to be used primarily for the accommodation of transient guests traveling by automobile.
MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil
and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, and
including minor accessories and services for motor vehicles, but not including major repairs and rebuilding.
Commonly known as GAS STATION.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration,
collect, store and channel surface water runoff.
NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not,
even though lawfully established, conform to the applicable conditions if the structure were to be erected
under the guidance of this chapter. Also any structure located on a nonconforming lot.
NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though
lawfully established, conform to the applicable conditions if the use were to be established under the
guidance of this chapter.
NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained
for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is
commonly that point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrian.
NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute
care facility, but who require nursing supervision on an inpatient basis.
NURSING HOME (REST HOME). A building having accommodations where nursing care is provided
for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the
immediate family, but not including hospitals, clinics, sanitariums or similar institutions
OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting
merchandise and for the storing of same prior to sale.
ORDINARY HIGH WATER LEVEL (O.H.W.L). The boundary of public waters and wetlands which is
described as an elevation delineating the highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY
HIGH WATER LEVEL is the elevation of the top of the bank of the channel.
PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or
above grade.
PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in
size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress
and egress of an automobile.
PARKING STALL. (See PARKING SPACE.)
10
PASSIVE SOLAR ENERGYSYSTEM. A system that captures solar light or heat without transforming it
to another form of energy or transferring the energy via a heat exchanger.
PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided
it conforms with all requirements, regulations and performance standards (of any) of the districts.
PERSON. An individual, firm, partnership, association, corporation or organization of any kind.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to
a building, and leading to an entrance of the building.
PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the
requirements of this code, where a property owner proposes to use the subject property in a reasonable
manner not permitted by the code in which the plight of the property owner giving rise to the variance request
is due to circumstances unique to the property not created by the property owner or a previous property
owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code,
is consistent with the Comprehensive Plan and will not alter the essential character of the locality.
PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar
energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses.
A PRINCIPAL USE may be either permitted or conditional.
PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental
units.
PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to
mean, for the purposes of this chapter, any body of water which has the potential to support any type of
recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in
size and no river or stream having a total drainage area less than two square miles need be regulated for the
purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance (Chapter 1102
of this City Code), as may be amended. A body of water created by a private user where there was no
previous shoreland, as defined herein, for a designated private use authorized by the Minnesota
Commissioner ofNatural Resources shall be exempt from the shoreland provisions of this chapter.
a. The official determination of the size of lakes, ponds or flowages shall be the areas listed in the
Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in
the event that lakes, ponds or flowages are not listed therein, the official determination of size
and physical limits shall be made bythe Minnesota Commissioner of Natural Resources.
b. The official determination of the size and physical limits of drainage areas of rivers and streams
shall be made by the Minnesota Commissioner of Natural Resources.
PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally
characterized by industrial, commercial or high density residential development as determined by the
11
Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal
Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900).
PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally
characterized by low density, single-family residential development as determined by Minn. Rules parts
6120.2500 to 6120.3900.
PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally
characterized by medium density residential development with or without limited service- oriented
commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900.
QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership,
all of which have individual entrances and in which each unit shares common walls with two other units.
RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement,
recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent,
except a theater, whether provision is made for the accommodation of an assembly or not. A golf course,
arena, baseball park, stadium or gymnasium is a RECREATIONAREA OR BUILDING for the purpose
of this chapter.
RECREATIONAL VEHICLE. A self-propelled vehicle or camping or travel trailer which is used primarily
for recreational purposes.
RELIGIOUS INSTITUTION. A building that is principally used as a place where people of faith or
religion regularly assemble for worship. The definition includes churches, mosques, temples, synagogues,
and the like, but does not include seminaries, camps with live-in quarters, coffee houses open to the public,
publishing establishments, ritual abattoir, radio/television transmission facilities, or similar uses.
RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat
PUMP.
RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides
one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation,
rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own
home. Residential facilities include, but are not limited to: state institutions under the control of the
Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group
homes, residential programs or schools for handicapped children.
RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed
primarily while seated at tables or booths within the building.
RIGHT-OF-WAY - PUBLIC. Any property established for the use of the public for street or highway
purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether
developed or undeveloped, paved or unpaved.
ROOFLINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection
of the outside wall with the roof.
12
SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure
on any property visually inconspicuous.
SELF -STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing
an individual storage space within the facility for the purpose of storage only. The facilities are different
from public warehouses in that the public has access to their storage space owned for the purpose of storing
and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other
document of title for the personal property stored in the storage space.
SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the
public.
SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water
mark. Distances are to be measured from the most outwardly extended portion of the structure at ground
level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes,
the setback shall be measured from a line 15 feet from the edge of the traveled surface.
SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction,
devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a
point of ultimate disposal.
SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and
managed as a total entity, with customer and employee parking provided on -site, provision for goods delivery
separated from customer access, aesthetic considerations and protection from the elements.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line
parallel to it at a setback of 50% of the structure setback.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal
high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a
flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of
shorelands may be less than the statutory limits whenever the waters involved are bounded by natural
topographic divides which extend landward from the waters for lesser distances and when approved by the
Minnesota Commissioner of Natural Resources.
SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental
dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or
residential planned unit development district.
SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known
such as are used to show an individual, firm, profession or business and are visible to the general public.
SIGN -ADDRESS. A sign communicating street address only, whether script or in numerical form. In R
Districts an address sign may include the name of the resident.
SIGN -ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device
which is used to advertise products, goods or services which are not exclusively related to the premises on
which the sign is located.
13
SIGNAREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed.
For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area
shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign.
SIGN -AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing
development, an office or business structure containing two or more independent concerns; a single business
consisting of three or more separate structures existing on individual platted lots or as a planned unit
development; or any integrated combination of the above. The sign is limited only to the identification of an
area or complex and does not contain the name of individual owners or tenants nor contain advertising.
SIGN, BENCH. A sign which is affixed to a bench such as at a bus stop.
SIGN- BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale,
or any sign which identifies a profession or is used in the identification or promotion of any principal
commodity or service, including entertainment, offered or sold upon the premises where the sign is located.
SIGN - CAMPAIGN. A temporary sign promoting the candidacy of a person running for a governmental
office or promoting an issue to be voted on at a governmental election.
SIGN- CANOPY. Any message or identification which is affixed to a projection or extension of a building
or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store,
building or place of assembly.
SIGN- CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the
architect, engineer, contractor, financier or other involved parties.
SIGN- DIRECTIONAL. A sign erected on public or private property which bears the address or name or
both of a business, institution, religious institution or other use or activity plus directional arrows or
information on location.
SIGN- DIRECTORY. An exterior informational wall sign which identifies the names of businesses served
by a common public entrance in a shopping center.
SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that
appear to change, caused by any method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the display, the sign structure itself, or any
other component of the sign. This includes a display that incorporates a technology or method allowing the
sign face to change the image without having to physically or mechanically replace the sign face or its
components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and
any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or
any other method or technology that allows the sign face to present a series of images or displays.
SIGN- FREESTANDING. Any stationary or portable, self -supported sign not affixed to any other structure.
SIGN- HOLIDAY. Decorations or messages which recognize an official national, state or local holiday.
SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or
14
illuminated from an interior source.
SIGN- INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but
containing no advertising or identification.
SIGN- INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi-
public institution on the site where the sign is located.
SIGN - INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations,
commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze,
aluminum or other permanent type of construction and made an integral part of the structure.
SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign.
SIGN - MENU BOARD. Any sign that has a message related to the site's food service and the copy is
manually or electronically changed and the lettering of which is two inches or less in height so as to not be
readable from the adjoining street right-of-way or adjoining property.
SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the
lower limit of the sign.
SIGN- MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically
solid from grade to the top of the structure.
SIGN- NONCONFORMING.
a. LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments
thereto, but which does not conform with the regulations of this chapter.
b. ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto
and does not conform with the regulations of this chapter.
SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not
permanently attached to the ground or structure.
SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends
perpendicular from the building wall.
SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including,
but not limited to street signs, traffic -control signs and parking -control signs.
SIGN- REAL ESTATE. A business sign placed upon a property advertising that particular property for sale,
for rent or for lease.
SIGN- ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of
a building.
SIGN, ROTATING. A sign which revolves or rotates on its axis.
15
SIGN- STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area.
SIGN- TEMPORARY. Any sign which is erected or displayed for a specific period of time.
SIGN- WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building
wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend
beyond the top of the parapet wall.
SIGN- WALL GRAPHIC. A sign which is painted directly on an exterior wall surface.
SIGN- WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include
merchandise on display.
SLIP. A water dockage area accommodating one boat.
SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or
ratio.
SOLAR ENERGYSYSTEM. A device or structural design feature, a substantial purpose of which is to provide
daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space
heating or cooling, electricity generation or water heating.
STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding
environment; examples of stealth facilities include architecturally screened roof- mounted antennas,
antennas integrated into architectural elements and telecommunications towers designed to appear other than
as a tower such as light poles, power poles and trees.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as
poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available
county soil surveys or other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this chapter. Where specific information is
not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances
of 50 feet or more, that are not bluffs.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of
the floor next above, except that the topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than
50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement,
cellar or unused underfloor space shall be considered as a story.
STORY- HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at
least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where
less than one-half of the floor to ceiling height is below the average of the highest and lowest point of that
portion of the lot covered by the building.
STREET. A public right-of-way or private way serving three or more properties, whether designated as a
street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise
10
designated, which is used or can be used for travel.
STREET FRONTAGE. A lot line abutting a street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing
walls, columns, beams or girders.
STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece
of work artificially built up or composed of parts jointed together in some definite manner whether temporary
or permanent in character.
SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit
developments.
SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL
DEVELOPMENT.)
SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL
ENVIRONMENT.)
SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS -
RECREATIONAL DEVELOPMENT.)
TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and
individual front and rear entrances, the structures to be of row house type as contrasted to multiple -dwelling
apartment structures.
TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other
facilities or equipment associated with the transmission or reception of communications located or installed
on or near a tower or antenna support structure. This term does not include:
a. A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning
district;
b. A satellite earth station antenna one meter in diameter or less, wherever located.
TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure
constructed from grade and built for the purpose of supporting telecommunications facilities. The term does
not include amateur radio operations equipment licensed by the Federal Communications Commission.
TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest
point of the tower or any component of the telecommunication facilities.
TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and
individual front and rear entrances, the structures to be of row house type as contrasted to multiple -dwelling
apartment structures.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or
possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit,
right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a
17
period of less than 30 consecutive calendar days.
UPLAND. All lands at an elevation above the normal high water mark.
USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and
equipped and intended and maintained for either active or passive recreation or both, available and accessible to
and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall
be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas
shall not constitute usable open space.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or
for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined
by the performance standards of this chapter.
VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subject
property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general
purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential
character of the locality and where, owing to physical conditions unique to the individual property under
consideration and not the result of the actions of the property owner or previous property owner, compliance
with the code would result in practical difficulties as defined herein.
VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable
characteristics.
VISUALLYINCONSPICUOUS. Difficult to see or not readily noticeable.
WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an
enclosed basin that holds water and is surrounded by land.
WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and
may flow year-round or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a
bridge or stretch of high land dividing drainage areas.
WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service
Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this
code).
YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard
extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for
the zoning district in which the lot is located.
YARD DEPTH- REAR. The mean horizontal distance between the rear line of the building and the rear lot
line.
YARD - FRONT. A yard extending across the front of the lot between the side lot lines and lying between the
front line of the lot and the nearest line of the building. (See LOT LINE - FRONT.)
18
YARD - REAR. A yard extending across the full width of the lot and lying between the rear line of the lot
and the nearest line of the building. (See LOT LINE - REAR.)
YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from
the required front yard to the required rear yard.
ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are
eliminated so that buildings are allowed to abut property lines.
Section 2: City Code Section 1201.03 Subd. 2 c. is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. General building and performance requirements.
C. Property development.
(4) Except in the case of planned unit development as provided for in § 1201.06
of this chapter, not more than one principal building shall be located on a lot. The city may, by interim
conditional use permit, allow a single-family residential dwelling to remain on a lot while a new dwelling is
being constructed on the same lot, provided that:
(a) The new dwelling shall conform to the setback requirements of the
zoning district in which it is located;
(b) Construction of the new dwelling shall not result in substantially
greater site alteration (for example, tree removal or grading) than if the original house is first removed;
(c) The property owner must provide an estimate from a licensed
contractor for the cost of removing the original dwelling and restoring the site. From this estimate the city
shall require a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that the
original dwelling will be removed within two weeks of the date a certificate of occupancy is issued for the
new dwelling. In no instance shall the original home remain on the property longer than two years.
(d) The property owner shall provide the cash escrow or letter of credit
referenced in (c) above at the time a building permit is issued for the new dwelling. The new dwelling
shall not be occupied until a certificate of occupancy has been issued.
(e) The request shall be subject to the requirements of Section 1201.04
Subd 4. of this Chapter.
(5) On a through lot both street lines shall be front lot lines for applying the yard
and parking regulations of this chapter.
Section 3: City Code Section 1201.03 Subd. 2 f. (1-3) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2 f. Fences - general requirements.
(1) Permit required. No person, firm or corporation shall construct or erect any
fence without first securing a zoning permit.
(2) Locations. All fences shall be located entirely upon the property of the fence
owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the
19
property line of the respective properties. No boundary line fence shall be erected closer than three feet to
an existing parallel boundary line fence.
(3) Surveys. The Building Official may require an applicant for a zoning permit
to establish his or her true boundary line by a survey thereof to be made by a registered land surveyor.
Section 4: City Code Section 1201.03 Subd. 2. f. (9). (b) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. f. Fences - general requirements
(9) Residential District fences.
(b) Interior yard fences.
(i) Any fence erected within any portion of the required front
yard or the required side yard abutting a public street shall not exceed four feet in height and shall be at
least 25% open.
Section 5: City Code Section 1201.03 Subd. 2. g. (4). b. is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. g. Required screening and landscaping.
(4) Standards and criteria. All landscape plans shall conform to the following
standards and criteria.
(b) Spacing.
(i) Plant material centers shall not be located closer than three
feet from the property line and shall not be planted in the right-of-way or within 15 feet of the edge of a
public street, or in a manner that conflicts with public plantings, sidewalks, trails, fences, utility mains,
parking areas and driveways as determined by the Zoning Administrator.
Section 6: City Code Section 1201.03 Subd. 2. g. (6). (c) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. g. Required screening and landscaping.
(6) Screening of mechanical equipment. All rooftop and ground mounted
mechanical equipment of residential buildings having five units or more and of nonresidential buildings
shall comply with the following standards:
(c) Rooftop mechanical equipment less than three feet in height may be
exempt from screening requirements as determined by the Zoning Administrator.
Section 7: City Code Section 1201.03 Subd. 2. i. is hereby amended as follows:
Kill
1201.03 GENERAL PROVISIONS
Subd. 2. i. Glare. Any lighting used to illuminate properties shall be subject to the following limitations
for glare.
(1) Direct lighting of adjacent properties. Luminaires shall be full cut-off and
shielded to deflect light away from any adjoining properties or public rights of way so as not to directly
light adjacent property or public rights -of -way.
(2) Indirect lighting may not cast light on:
(a) A public street in excess of one foot-candle (meter reading) as
measured from the curb line or edge of the paved street.
(b) On adjacent residential property in excess of four -tenths (A) foot-
candles (meter reading) as measured from the adjoining residential property line.
(c) Facade or landscape uplighting shall not exceed a total of 2,000 initial
light output lumens per facade. Flag floodlighting shall not exceed a total of 2,000 initial light output
lumens per flag. Lighting in excess of this amount is regulated in Section 1201.03 Subd. 2 v. (5).
Section 8: City Code Section 1201.03 Subd. 2. u is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. u. Impervious surface. Except as provided in (4), below, the maximum ratio of impervious
surface to lot area for all lots in the "S", Shoreland zoning district shall be 25%. The maximum ratio of
impervious surface to lot area for all lots that are not subject to "S" district requirements shall be as
follows:
(1) Residential uses in the R-IA through R-313 zoning districts: 33%;
(2) Governmental and public regulated utility buildings necessary for the health,
safety and general welfare of the community; public or semi-public recreational buildings, neighborhood or
community centers; public and private educational institutions; and religious institutions in the R-IA
through R-313 zoning districts: 66%, provided that:
(a) Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in place for the collection and treatment of
storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan,
as may be amended;
(b) Measures for the treatment of storm water runoff and/or prevention of
storm water from directly entering a public water include such appurtenances as sediment basins (debris
basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water
inlets, oil skimming devices, and the like;
(3) Commercial districts (R-C, C-1, C-2, L-R), not located in the "S", Shoreland
District: 66%, provided that:
(a) The proposed development of the site complies with all setback
requirements for the district in which it is proposed;
(b) Improvements that will result in an increased rate of runoff directly
entering a public water shall have all structures and practices in place for the collection and treatment of
storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan,
as may be amended;
21
(c) Measures for the treatment of storm water runoff and/or prevention of
storm water from directly entering a public water include such appurtenances as sediment basins (debris
basins, desalting basins, or silt traps), installation of debris guards and microsilt basins on storm water
inlets, oil skimming devices, and the like;
(d) The maximum ratio of impervious surface to lot area ratio shall not
exceed 75%.
(4) Commercial districts (R-C, C-1, C-2, L-R) : located in the "S", Shoreland
District: 25%. A conditional use permit may be granted to exceed 25%, provided that:
(a) The proposed development complies with the requirements set forth
in (3)(a-d), above;
(b) The treatment measures referenced in (3)(c), above, shall be
consistent with the National Urban Runoff Program (NURP) guidelines, including, but not limited to, the
removal of 90% of total suspended solids and the removal of 60% total phosphorous.
(5) Planned Unit Development (PUD) districts shall be regulated based upon the
various uses within the PUD. Residential portions of the PUD shall be subject to the provisions of (1)
above, unless otherwise specified by the PUD. Commercial portions of the PUD shall be subject to the
provisions above of (3) or (4) above, unless otherwise specified by the PUD.
Section 9: City Code Section 1201.03 Subd. 2. v is hereby added as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. v. Lighting.
(1) The purpose of this Section is to establish lighting requirements that will: 1)
permit reasonable use of lighting for night-time safety, utility, security, productivity, enjoyment and
commerce, 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is
misdirected, excessive or unnecessary, 3) conserve energy and resources to the greatest extent possible and
4) help protect the natural environment from the damaging effects of night lighting from man-made
sources.
(2) Applicability. All new outdoor lighting fixtures (luminaires) shall be
installed in conformance with this section, the provision of section 1201.03 subd. 11(Signs), section
1201.03 subd. 2, i. (Glare), as well as the latest rules, codes and regulations, including but not limited to
OSHA, National Fire Codes of Fire Protection association, Minnesota State Building Code and National
Electrical Code. The following is exempted from the regulations of this Section:
(a) Lighting on single- and two-family homes, townhouses, and multiple
family dwellings with six or fewer units. Lighting for these uses is subject to the regulations in Section
1201.03 Subd. 2. i. (Glare).
(b) Lighting in the public right-of-way installed by a government agency
or utility company.
(3) Submittal requirements. Any proposal for new lighting or a modification of
lighting shall be reviewed as a modification of site plan. The applicant shall submit a lighting plan and
fixture specification sheets showing compliance with all regulations in this section and section 1201.03
subd. 2. i. (Glare). Lighting plans shall be signed by a registered electrical engineer or lighting certified
professional by the National Council on Qualifications for the Lighting Professions. At a minimum, the
plans shall include the following:
(a) Name and location of the project.
22
(b) Name, mailing address, electronic address and phone number of the
professional preparing the plan and the developer or property owner.
(c) Scale of the plan (engineer scale only, no greater than one inch equals
60 feet.
(d) An accurate site plan based on a survey, which includes all existing
and proposed land improvements including, but not limited to, buildings, parking lots, driveaisles and
driveways, streets, proposed and existing landscaping, walkways and accessory buildings and structures
and identifies the area of all existing and proposed impervious surfaces on the property.
(e) A photometric plan superimposed on the site plan with photometric
points no farther than 10 feet apart across the entire site and a minimum of ten feet or more (as may be
appropriate) beyond the property lines. Each point must be to the nearest 0.1 foot candle.
(f) A luminaire schedule table indicating each fixture with the initial light
output lumens, color rendering index, color temperature, backlight, uplight, glare and mounting height
(including base).
(4) General Performance Standards. In addition to the standards in Section
1201.03 Subd. 2. i. (Glare), the following shall apply:
(a) Luminaire shielding and installation requirements. Luminaires
within 300 feet of a residential property line shall be equipped with side shielding (house side shielding),
except for the following: 1) full -cut off luminaires mounted at a height of 10 feet or lower, 2) lighting
fixtures that are blocked from residential view by an intervening building, and 3) lighting fixtures where the
grade of the lowest floor of the adjacent residential properties is above the mounting height of the
luminaire.
(b) Height Limits.
(i) Pole -mounted lighting. Lighting mounted on poles or other
non -building structures shall not exceed a height of 25 feet for parcels under two acres and 35 feet for
parcels over two acres. The height includes the base and the pole height.
(ii) Building -mounted lighting. Lighting mounted on buildings
may not exceed the tallest part of the building where the lighting is installed. The top exterior deck of
parking garages shall be treated as pole mounted lighting rather than as lights mounted to buildings.
(c) Lighting Quality. All permanently installed lighting shall have a
maximum correlated color temperature of 4100K.
(d) Lighting quantity and luminaire distribution. The based allowance
for lighting is three lumens per square foot of impervious surface coverage. The base allowance may be
increased for the following uses:
(i) Motor fuel sales: 4,000 lumens per pump island, as long as
the additional lumens are provided by luminaires that are fully recessed into a canopy.
(ii) Drive -up service windows: 2,000 lumens per service window.
(e) Limits to off -site impacts.
(i) Pole -mounted luminaires. All luminaires shall be rated and
installed according to the following table. A luminaire may be used if it is rated equal or lower in number
than the ratings provided below.
Mounting Condition
Backlight Rating
Glare Rating
Greater than 2 mounting heights from
B4
G2
property line.*
Less than 2 mounting heights to 1 mounting
B3
G 1
height from the property and ideally oriented
Less than one mounting height from the
B 1
GO
property line and ideally oriented
23
*Lighting that is not ideally oriented must be located a minimum of two mounting heights from the
property line.
(ii) Ornamental Building -Mounted Lighting. Ornamental
lighting is regulated in 1201.03 Subd. 2. i. (Glare).
(f) Prohibited lighting. Prohibited lighting includes mercury vapor
lamps, aerial lasers, luminaires mounted to aim light only toward a property line or public right-of-way or
other lighting in violation of Section 1201.03 Subd. 2. i. (Glare). Also prohibited are skytrackers or
searchlights unless approved by the City Council.
(g) Exempt lighting: The following luminaires and lighting systems are
exempt from the provisions of this section: lighting required and regulated by the Federal Aviation
Administration or other federal or state agency, temporary emergencies or road repair work for projects by
fire, police, rescue or repair personnel; pool and water feature lighting; code required exit signs; code
required lighting for stairs and ramps; and interior lighting, unless the interior lights spill out onto the
property.
(5) Special Purpose Lighting.
(a) Lighting systems not complying with the technical requirements of
this Section but consistent with its intent may be installed for the following applications upon issuance of a
conditional use permit. Each request for a conditional use permit shall be evaluated based upon the
standards and criteria of Section 1201.04.
(i) Outdoor athletic fields and recreation areas.
(ii) Construction lighting.
(iii) National and State flag lighting with spotlights greater than
2,000 lumens.
(iv) Uplights for buildings beyond that allowed by Section 1201.03
Subd. 2. i. (Glare).
(v) Public monuments and buildings.
(b) General Performance standards for special purpose lighting.
(i) The applicant shall demonstrate that every reasonable effort to
mitigate light trespass and light pollution, supported by a signed statement from a registered engineer or by
a certified lighting professional describing the mitigation measures.
(ii) Complies with all the technical requirements of this section
after 10:30 p.m.
(6) Following installation of any lighting on a site, the engineer or lighting
professional who prepared the lighting plan shall certify in writing that the location, type, mounting height,
initial luminaire lumens, luminaire ratings and photometric data all comply with the approved lighting plan.
(7) Any new lighting installed after the effective date of this ordinance shall be in
compliance with the requirements of this Section. Any lighting in existence before the effective date of
this ordinance that does not comply with requirements shall be considered legally non -conforming.
However, if a property owner proposes to replace 50 percent or more of the existing exterior luminaires or
standards in any two-year period, the luminaires or standards must be replaced in conformance with this
Chapter.
Section 10: City Code Section 1201.03 Subd. 3 c. is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 3. Yard requirements.
â–ºm'
C. The following shall not be considered as encroachments on required yard setbacks
for all lots:
(1) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters and the like, provided they do not project more than two feet into a required yard;
(2) For a detached, single-family, two-family or townhouse dwelling in any
residential zoning district, ramps and other devices for access to buildings and sites by disabled persons, in
compliance with the Americans with Disabilities Act, may encroach into any required front, side or rear
setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of
not less than five feet shall be maintained.
(3) For a detached, single-family, two-family or townhouse dwellings
constructed prior to May 19, 1986, a one-story, enclosed entrance may extend into the front yard setback
not more than four feet. The entrance shall not exceed six feet in width.
(4) For a detached, single-family or two-family dwelling in any residential
zoning district, a one-story, open deck or portico may extend into the front yard setback not more than four
feet, provided:
(i) The length of the portico shall not exceed 50% of the width of the
silhouette of the building, excluding eaves, as viewed from the street; and
(ii) This area shall not be enclosed nor screened with mesh, glass or other
similar material, except for guardrails no higher than 42 inches and at least 60% open.
(5) Uncovered terraces, patios steps, stoops, walkways or similar features, but
not including porches or balconies in front or rear yards, provided they are not covered by a roof, don't
extend above the entrance floor level of the building, or more than four and one-half feet into the required
side or rear yard. This allowance shall not apply to decks or other above grade improvements.
(6) Sidewalks and walkways in a front yard provided they are no wider than four
feet in width.
(7) Laundry drying and recreational equipment, arbors, trellises, in rear yards to
a point no closer than five feet from any lot line.
(8) One detached accessory building not exceeding eight feet in height, nor 100
square feet in area in the rear yard to a point no closer than five feet from any lot line.
(9) The minimum rear yard setback for swimming pools and a three-foot wide
pool apron shall be 60% of that which is required for the zoning district in which the pool is located. No
part of any pool, including guardrails, shall exceed six feet above grade in height. Decking and patios
shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore lots shall be
as provided in § 1201.26 of this chapter.
(10) For residential districts, one recreational vehicle or piece of equipment may
be stored in required front yards; provided it is located on an approved driveway, it does not take up
required parking space as provided in subdivision 5h of this section, it is currently licensed and operable
and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply
when there is no practical way to store the vehicle or equipment within the buildable area of the lot.
(11) For cemeteries, grave sites may be located within front yards and side yards
abutting streets, no closer than 15 feet from the public right-of-way. Monuments for grave sites within
front yards or side yards abutting streets shall be limited to headstones flush with the ground.
(12) Storage of trash receptacles for single-family and two-family dwellings may
extend into a required front yard setback or required side yard setback abutting a street no more than five
feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse
collection day, and must be removed no later than 12 hours after the designated refuse collection day.
25
(13) Air conditioning and heating equipment shall not be located within drainage
and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach
into required side yards, but no closer than ten feet from the side lot line.
(14) Egress pits or wells shall not be located within drainage and utility
easements. Egress pits or wells extending no wider than four feet may be located within the required front,
rear or side -yard abutting a public street setbacks abutting public streets, provided they project no more
than four feet into the required yard setback and the egress pit is no greater than 16 square feet.
Section 11: City Code Section 1201.03 Subd. 4 c. is hereby amended as follows
1201.03 GENERAL PROVISIONS.
Subd. 4. General area and building size regulations.
C. Height.
(1) The building height limits established herein for districts shall not apply to
the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Spires on religious institutions;
(d) Cooling towers, mechanical and air conditioning equipment when
screened from view;
(e) Cupolas and domes which do not contain useable space;
(f) Elevator penthouses;
(g) Flagpoles;
(h) Monuments;
(i) Parapet walls extending not more than three feet above the limiting
height of the building;
0) Water towers;
(k) Poles, towers and other structures for essential services subject to
subdivision 10 of this section;
(1) Television and radio antennas not exceeding 20 feet above the roof.
Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in §
1201.04 of this chapter, provided that:
(i) The ham radio must be licensed by the Federal
Communications Commission (FCC);
(ii) Construction of the antenna requires a building permit;
(iii) The antenna must be located within the buildable area of the
lot;
(iv) The antenna must be fenced or so designed as to be difficult to
climb;
Section 12: City Code Section 1201.03 Subd. 5 d. (6) is hereby amended as follows
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
26
d. General provisions.
(6) Off-street parking facilities incidental to residential use. Off-street parking
facilities incidental to residential use shall be utilized solely for the parking of currently licensed and
operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds and
recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial vehicles or equipment or for the parking of
automobiles belonging to the employees, owners, tenants or customers of business or manufacturing
establishments.
Section 13: City Code Section 1201.03 Subd. 5 d. (8) (g) and (h) are hereby amended as
follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
d. General provisions.
(8) Stall, aisle and driveway design.
(g) Curb cut or driveway openings shall be at minimum five feet, not
including curb radius, from side or rear property lines. Any driveway proposed within a drainage and
utility easement shall require approval by the City Engineer and shall be a minimum of 10 feet from any
public utility main.
(h) Driveway access or curb openings on a public street except for single,
two-family, townhouse and quadraminium dwellings shall not be located less than 40 feet from one
another.
Section 14: City Code Section 1201.03 Subd. 5 h. (18) and (19) are hereby amended as
follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
h. Number of spaces required. The following minimum number of off-street parking
spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the
respective uses hereinafter set forth:
(18) School (public, private, or day) - elementary and middle: three parking spaces
for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is
greater;
(19) School (public, private, or day) - high school through college: two parking
spaces for each classroom, plus one space for each five students, based on design capacity, or one space for
each three seats of seating capacity in the assembly area, whichever is greater;
27
Section 15: City Code Section 1201.03 Subd. 5 h. (28) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
(28) Religious Institution, theatre, auditorium and amusement place: at least one
parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may
be provided in conjunction with the buildings or uses shall be subject to additional requirements which are
imposed by this section;
Section 16: City Code Section 1201.03 Subd. 5. i. (2) and (3) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 5. Off-street parking requirements.
i. Joint facilities. The City Council may approve a conditional use permit for one or
more businesses to provide the required off-street parking facilities by joint use of one or more sites where
the total number of spaces provided are less than the sum of the total required for each business should they
provide them separately. When considering a request for a permit, the Council shall not approve a permit
except when the following conditions are found to exist:
(2) Up to 50% of the off-street parking facilities required for any use specified
under (4) below as primarily daytime uses may be supplied by the parking facilities provided by the
following nighttime or Sunday uses; religious institutions, bowling alleys, dance halls, theatres, bars or
restaurants;
(3) Up to 80% of the parking facilities required by this chapter for a religious
institution may be supplied by the off-street parking facilities provided by uses specified under (4) below as
primarily daytime uses;
Section 17: City Code Section 1201.03 Subd. 7. b. and c. are hereby amended as follows:
1.201.03 GENERAL PROVISIONS.
Subd. 7. Building construction requirements.
b. Residential Districts.
(1) All detached accessory buildings in excess of 150 square feet in floor area
that are accessory to residential dwelling units shall be constructed with materials and a design compatible
with the general character of the principal structure on the lot. No accessory buildings shall be covered in
canvas or vinyl fabric. No accessory building in excess of 150 square feet in floor area shall be
constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass. Except for approved wood
foundations, no accessory building shall be constructed where wood poles are the primary support for the
roof system and form the foundation structure.
(2) Single-family dwellings shall:
28
(a) Be constructed upon a continuous perimeter foundation that meets the
requirements of the State Building Code;
(b) Not be less than 30 feet in length and not less than 22 feet in width
over that entire minimum length. Width measurements shall not take account of overhang and other
projections beyond the principal walls;
(c) Have an earth covered, composition, shingled, tiled roof or built-up
roof as defined by the State Building Code; and
(d) Require a building permit. The application for a building permit in
addition to other information required shall indicate the height, size, design and the appearance of all
elevations of the proposed building and a description of the construction materials proposed to be used.
(3) The following shall not be used on exterior walls in residential districts:
(a) Smooth face concrete block (except as foundation material)
(b) Canvas or plastic sheeting (except for emergency repairs not to
exceed 30 days).
C. Commercial Districts.
(1) All buildings shall be finished on all exterior walls with the following
permanent finish materials:
(a) Brick;
(b) Natural stone;
(c) Decorative concrete block (e.g. split face, ribbed, textured);
(d) Cast in place concrete or precast concrete panels;
(e) Wood, provided surfaces are finished for exterior use and only woods
of proven exterior durability are used, such as cedar, redwood and cypress;
(f) Curtain wall panels of steel, fiberglass and aluminum (nonstructural
nonload-bearing), provided the panels are factory fabricated and finished with a permanent durable nonfade
surface and their fasteners are of a corrosion resistant design and provided further that no more than one-
third of the wall surface abutting a public street or adjacent to a residential or public area consists of the
panels;
(g) Glass curtain wall panels;
(h) Stucco and similar products;
(i) Other materials as determined by the City Council.
(2) No building within a commercial zoning district shall be:
(a) Constructed of sheet or corrugated steel, aluminum, asbestos, or
fiberglass.
(b) Except for wood foundations, no building shall be constructed where
wood poles are the primary support for the roof system and form the foundation structure.
Section 18: City Code Section 1201.03 Subd. 11. b. are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd.11. Signs.
b. Permitted and prohibited signs.
(1) Permitted signs. The following signs are allowed without a permit, but shall
comply with all other applicable provisions of this chapter:
(a) Public signs;
(b) Address signs;
29
(c) Integral signs;
(d) Every campaign sign must contain the name and address of persons
responsible for the sign, and that person shall be responsible for its removal. Signs shall be permitted on
each lot for a period of 100 days prior to and ten days after an election. All campaign signs or other
noncommercial speech signs may be posted from 46 days before the state primary in a state general
election year until ten days following the state general election, pursuant to M.S. § 21113.045. Signs posted
both during and after this time period are subject to all other applicable requirements in this subdivision. At
any time, the city shall have the right to remove signs that are prohibited under this subdivision, and assess
a fee as provided from time to time by ordinance. Campaign signs or other noncommercial speech signs
shall not be located closer than ten feet from any street surface, and shall not be placed in front of any
property without the consent of the property owner;
(e) Holiday signs, displayed for a period not to exceed 30 days and no
larger than 32 square feet in area;
(f) Construction signs. The signs shall be confined to the site of the
construction, alteration or repair and shall be removed within two years of the date of issuance of the first
building permit or when the particular project is completed, whichever is sooner as determined by the City
Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No
sign may exceed 50 square feet;
(g) Real estate sale or rental signs. Signs must be removed within 14 days
after sale or rental of property. Signs may not measure more than six square feet in Residential Districts,
nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner
properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in
the front and one facing the lake;
(h) Informational/directional signs shall be limited to three square feet in
area and eight feet in height and shall conform to the location provisions of the specific district;
(i) Owner -occupant signs. One residential name sign, not to exceed two
square feet in area, identifying only the name of the owner or occupant of a residential building.
till
Section 19: City Code Section 1201.03 Subd. 11. c. (10) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
C. General provisions.
(10) The regulations contained herein shall not apply to traffic signs or the flag,
separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There
shall be no more than one United States flag and no more than three other non-commercial flags. Nor
shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of
the inside of the exterior wall and is readable from the inside of the building.
Section 20: City Code Section 1201.03 Subd. 11. e. (3-4) are hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 11. Signs.
e. District regulations. The following sign standards by zoning district pertain to signs
which require application and permit.
(3) C-1 and C-2 Commercial Districts. Subject to other conditions of this
chapter, the following signs shall be allowed in the C-1 and C-2 Districts.
(f) Menu boards. One digital order confirmation sign and one menu
board sign per restaurant use with a drive -up facility may be allowed in conjunction with a conditional use
permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and
may be in addition to the freestanding sign on the property. The digital order confirmation sign shall not
exceed seven square feet and no advertising signage may be placed on the supports or frame of the sign.
(4) Signs permitted in the PUD Planned Unit Development District.
(a) Signs permitted in PUDs shall be as approved by the City Council for
each development and shall be consistent with the requirements for the district most closely associated with
each use in the PUD.
(b) For PUDs containing 20 acres or more of land, the city may allow
larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and
allowable area of signs in a PUD, the city shall take into consideration the functional classification and
designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case
shall the total allowable area of construction signs exceed three square feet for each acre of land within the
PUD. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80
square feet.
31
Section 21: City Code Section 1201.03 Subd. 11. f is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd.11. Signs.
f. Permit issuance; fees.
(1) No permanent sign shall be erected in the City of Shorewood until a permit to
do so has been approved by the Zoning Administrator and issued by the office of the Building Official
(signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the
necessary fee has been paid and until the Building Official, or his/her designee, has made a preliminary
inspection of the sign before installation and has ascertained that the sign and method of installation
comply with all requirements of this chapter. The Building Official may require that detailed plans and
specifications be submitted with the application if necessary in his or her judgment. Following permit
issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies
in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her
certificate of approval.
(2) No temporary sign shall be erected in the City of Shorewood until a zoning
permit to do so has been approved by the Zoning Administrator, consistent with 1201.07 subd. 7 of this
chapter. No zoning permit shall be granted until the necessary fee has been paid. The Zoning
Administrator may require an inspection to determine that the sign has been installed in compliance with
the minimum standards set forth in this chapter or to confirm removal as directed in the zoning permit.
Section 22: City Code Section 1201.03 Subd. 12. d. (4) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 12. Home occupations.
d. Requirement. General Provisions. All home occupations shall comply with the
following general provisions and according to classification, the applicable requirement provisions.
(4) Prohibited home occupations. Repair of vehicles which are not registered to
a resident of the dwelling, except as allowed by Section 502.04..
Section 23: City Code Section 1201.03 Subd. 20. b. (9) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 20. Elderly housing.
b. Conditional use. Elderly housing shall be allowed by conditional use permit in the
following zoning districts: R-IA, R-113, R-1C, R-ID, R-2A, R-213, R-2C, R-3A, R-313 and R-C. In addition
the following conditions shall apply:
(8) Elderly housing:
(a) Two-family, quadraminium, or townhouse housing: two parking
spaces per unit.
(b) Apartments: one and one-half parking spaces per unit, plus proof of
parking demonstrating the ability to provide two spaces per unit.
(c) R-3A, R-313 and R-C: 12 units per acre.
32
(d) For purposes of calculating density, assisted living units shall be
counted as one-half unit.
Section 24: City Code Section 1201.03 Subd. 21. b. (1) is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 21. Telecommunications towers and facilities.
b. Development of towers.
(1) A tower shall be a conditional use in the C-1, General Commercial and C-2,
Service Commercial Zoning Districts. A tower may not be constructed unless a conditional use permit has
been issued by, and site plan approval obtained from the City Council and a building permit issued by the
Building Official.
Section 25: City Code Section 1201.03 Subd. 23. b. (2) (g) is hereby amended as follows:
1.201.03 GENERAL PROVISIONS.
Subd. 23. Renewable energy.
b. Solar energy systems.
(2) Standards.
(g) Maximum area. In residential zoning districts and residential PUDs,
ground -mounted solar energy systems shall be limited to a single array with a maximum area of 120 square
feet in area. In other zoning districts, ground -mounted solar energy systems shall be limited to a maximum
area consistent with the accessory structure limitations or no more than 25% of the rear yard, whichever is
less.
Section 26: City Code Section 1201.04 Subd. 1. is hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 1. Procedure.
a. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit
shall. be approved or denied within 60 days from the date of its official and complete submission unless
extended. pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes
15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed
60 additional days, provided written notice of such extension is provided to the applicant before the end
of the initial 60 day period.
b. Application. Requests for text or map amendments to this Chapter or conditional use
permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official
application form. The application shall be accompanied by a fee as provided for by City Council ordinance.
33
This fee shall not be refunded. The application shall also be accompanied by two copies of detailed written
and graphic materials fully explaining the proposed change, development or use.
C. Staff review/technical assistance reports. Upon receipt of a complete application for
an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the
request to appropriate staff to insure that informational requirements are complied with. When all
informational requirements have been complied with, the request shall be considered officially submitted.
Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports and/or provide general assistance in preparing a recommendation on the request to
the Planning Commission and City Council.
(1) Notwithstanding anything to the contrary in this chapter, all applications for
any site plan, conditional use permit, land use permit, variance, or for any other city approval required by
this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city
has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any
incomplete application within 15 business days of receipt if the application is incomplete, stating the
reasons or its rejection, including what information is missing. This rejection shall be sent by first-class
mail to the applicant. Every application shall contain the legal description of the property and a statement
of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city
from requesting additional information from the applicant upon which to base a decision.
(2) If a dispute arises over a specific fee imposed by the city, the amount of the
fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court,
as provided by M.S. § 462.361, as it maybe amended from time to time. The application shall proceed as
if the fee had been paid, pending a decision of the court.
d. Public hearing. Upon official submission of the request, the Zoning Administrator
shall set a public hearing on the request for a regularly scheduled Planning Commission meeting and
publish a notice in the official newspaper no less than 10 days prior to the hearing. The notice shall contain
a description of the request and the time and place of the public hearing. Written notification of the hearing
shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within
500 feet of the boundary of the property related to a conditional/interim use permit and 750 feet of the
boundary of the property related to an amendment. Failure of a property owner to receive the notice shall
not invalidate any proceedings as set forth within this chapter.
e. Referral to City Council. Upon receipt of the Planning Commission report and
recommendation, the Zoning Administrator shall place the request and any report and recommendation on
the agenda of the next regularly scheduled meeting of the City Council.
f. City Council action. Upon receiving the request and any report and
recommendation of the Planning Commission and the city staff, the City Council shall have the option to
set and hold a public hearing if deemed necessary and shall make a recorded finding of fact.
(1) Approval of a request for a zoning district amendment, where the
classification of a property will change from residential to commercial, shall require passage by a four -fifths
vote of the full City Council. Requests for all other zoning district amendments, text amendments and
conditional use permits shall require a simple majority vote of the full City Council.
(2) In the case of a conditional use permit, the Council may impose any condition
it considers necessary to protect the public health, safety and welfare.
(3) In the case of an amendment, the amendment shall not become effective until
the time as the City Council approves an ordinance reflecting the amendment and after the ordinance is
published in the official newspaper.
(4) Whenever an application for an amendment or conditional use permit has
been considered and denied by the City Council, a similar application for the amendment or conditional
use permit affecting substantially the same property shall not be considered again by the Planning
34
Commission or City Council for at least six months from the date of its denial; a subsequent application
affecting substantially the same property shall likewise not be considered again by the Planning
Commission or City Council for an additional six months from the date of the second denial, unless a
decision to reconsider the matter is made a simple majority of the full City Council.
Section 27: City Code Section 1201.04 Subd. 3. b. and c. are hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 3. Conditional use permit.
b. Informational requirement. The information required for all conditional use permit
applications generally consists of the following items and shall be submitted with the application.
(1) Certified survey prepared by a registered licensed surveyor, at a scale of one
inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet, which shall include, but not be limited to:
(a) The location and dimensions of boundary lines, buildings, structures,
topography, wetlands, and similar features, etc.;
(b) The distance between boundary lines and buildings, structures and
other improvements;
(c) The location of add adjacent buildings located within 20 feet of the
exterior boundaries of the property in question;
(c) The area of the lot and a detailed description of the existing and
proposed impervious surface coverage;
(c) The legal description of the property indicating the existing;
(c) Any public or private easements;
(d) Any municipal utilities, private wells or private on -site wastewater
treatment systems, and other utilities.
(2) Site development plans at a scale of one inch to ten feet, 20 feet, 30 feet, 40
feet, 50 feet or 60 feet (unless indicated otherwise), which shall include:
(a) Location and dimensions of all proposed buildings on lots and the
distance between proposed buildings and structures to property lines;
(b) Location and number of existing and proposed parking spaces;
(c) Vehicular circulation and dimensions;
(d) Architectural elevations (type and materials used in all external
surfaces) and concept floor or room plans at a scale of one inch to 4 foot, 8 foot, 16 foot or as may be
appropriate as determined by the Zoning Administrator;
(e) Lighting plan consistent with Section 1201.03 Subd. 2. v. of this
Chapter;
(f) Curb cuts, driveways, number of parking spaces.
(3) Grading plan, which shall include:
(a) Existing contour;
(b) Proposed grading elevations;
(c) Drainage configuration;
(d) Storm sewer catch basins and invert elevations;
(e) Spot elevations;
(f) Proposed road profile;
(g) Graphic Scale: All plans shall be expressed as one inch to ten feet,
20 feet, 30 feet, 40 feet, 50 feet or 60 feet.
35
(4) Landscape plan, which shall include:
(a) Location of all existing trees, type, diameter and which trees will be
removed;
(b) Location, type and diameter of all proposed plantings;
(c) Location of and material used for all screening devices;
(5) Proof of ownership of the land for which a conditional use permit is
requested;
(6) A narrative indicating the proposed use, operational features of the use
including, but not limited to, hours of operation, number of employees, etc., and compliance with Section
1201.04 Subd. 1 d. of this Chapter;
(7) Any information required by the applicable zoning district;
(8) Other information as determined by the Zoning Administrator or City
Council.
C. Lapse of conditional use permit by non-use. Whenever, within one year after
granting a conditional use permit, the use as permitted by the permit shall not have been completed or
utilized, then the permit shall become null and void unless a petition for an extension of time in which to
complete or utilize the use has been granted by the City Council. The extension shall be requested in
writing and filed with the Zoning Administrator at least 30 days before the expiration of the original
conditional use permit. There shall be no charge for the filing of the petition. The request for extension
shall state facts showing all efforts to complete or utilize the use permitted in the conditional use permit.
The petition shall be presented to the Planning Commission for a recommendation and to the City Council
for a decision.
Section 28: City Code Section 1201.05 Subd. 3. b is hereby amended as follows:
1.201.05 Administration, Variances and Appeals
Subd. 3. Variances
b. Procedure.
(1) Pursuant to Minnesota Statutes 15.99, an application for a variance shall be
approved or denied within 60 days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota
Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not
to exceed 60 additional days, provided written notice of such extension is provided to the applicant
before the end of the initial 60 day period.
(2) Application. Requests for variances, as provided within this chapter, shall be filed
with the Zoning Administrator on an official application form. The application shall be accompanied by a
fee as provided for by City Council resolution. The application shall also be accompanied by three copies
of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic
materials fully explaining the proposed change, development or use.
(3) Staffreview/technical assistance reports. Upon receipt of an application for variance,
the Zoning Administrator, or designee, may request additional information or may obtain outside expert
advice at the consent and expense of the applicant. When all informational requirements have been complied
with, the request shall be considered officially submitted. The Zoning Administrator, or designee, shall
36
prepare technical reports and/or provide general assistance in preparing a recommendation on the request
to the Planning Commission and City Council.
(4) Public meeting. Upon official submission of the request, the Zoning Administrator
shall schedule a public meeting on the request for a regularly scheduled Planning Commission meeting
occurring at least tendays from the date written notification of the public meeting is sent to all property
owners within 500 feet of the boundary of the subject property. Failure of a property owner to receive the
notice shall not invalidate any proceedings as set forth within this chapter.
(5) Planning Commission action. The Planning Commission shall conduct the public
meeting, at which time the applicant or a representative thereof may appear to answer questions concerning
the proposed request. The Planning Commission shall also take public testimony.
(a) The Planning Commission shall consider possible adverse effects of the
variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but
not limited to) the conditions set forth in subdivision 3.a. of this section.
(b) The Planning Commission and city staff shall have the authority to request
any additional information from the applicant deemed necessary to establish performance conditions
pertaining to the request with the consent and at the expense of the applicant.
(c) The Planning Commission shall make a finding of fact and recommend the
actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of
this chapter. The recommendation shall be in writing and accompanied by any report and recommendation
of the city staff. The written recommendation of the Planning Commission shall be forwarded to the City
Council.
(6) Referral to City Council. Upon receipt of the Planning Commission report and
recommendation, the Zoning Administrator shall place the request and any report or recommendation on the
agenda of a regularly scheduled meeting of the City Council.
(7) City Council action. Upon receiving the request and any report or recommendation
of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact.
(a) Approval of a request shall require passage by a simple majority vote of a
quorum of the City Council.
(b) The Council may impose any condition it considers necessary to protect the
public health, safety and welfare, provided such conditions are directly related to and bear a rough
proportionality to the impact of the variance.
(c) Whenever an application for a variance has been considered and denied by
the City Council, a similar application for the variance affecting substantially the same property shall not
be considered again by the Planning Commission or City Council for at least six months from the date of
its denial; and a subsequent application affecting substantially the same property shall likewise not be
considered again by the Planning Commission or City Council for an additional six months from the date
of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority
vote of a quorum of the City Council.
37
(8) Lapse ofvariance. Whenever within one year after granting a variance, the use as permitted by the
variance shall not have been completed or utilized, then the variance shall become null and void unless a
petition for extension of time in which to complete or to utilize the use has been granted by the City Council.
The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before
the expiration of the original variance. There shall be no charge for the filing of the petition. The request for
extension shall state facts showing all efforts to complete or utilize the use permitted in the variance. The
Zoning Administrator shall present the request to the City Council for a decision.
(9) Appeal. Any person aggrieved by any decision of the City Council shall have the
right to seek review of the decision with a court of record in the manner provided by the laws of the State
of Minnesota, and particularly M.S. Chapter 462.
Section 29: City Code Section 1201.07 Subd. 2. is hereby amended as follows:
1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY AND ZONING PERMITS.
Subd. 2. Zoning permits. A zoning permit shall be required for activities that do not require building
permits but for which it is necessary to determine compliance with zoning requirements such as setbacks,
impervious surface coverage, structure height, and the like. Pursuant to Minnesota Statutes 15.99, an
application for a zoning permit shall be approved or denied within 60 days from the date of its official
and complete submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day
time limit by a time period not to exceed 60 additional days, provided written notice of such extension
is provided to the applicant before the end of the initial 60 day period. The permit shall expire within
six months if the applicant has not completed the project. Items requiring a zoning permit include the
following:
a. Accessory buildings that do not require building permits.
b. Driveways.
C. Sport and tennis courts.
d. Retaining walls higher than three feet (no separate permit required when a building
permit is required for grading).
e. Above -ground fireplaces and cooking facilities, but not including portable
appliances.
f. Residential decks that do not require building permits, as well as patios, terraces,
sidewalks, steps, stoops, and other similar at -grade improvements.
g. Playground equipment or systems occupying more than 64 square feet of ground
area or exceeding six feet in height.
h. Fences as regulated by Section 1201.03 subd. 2 f.
i. Temporary Signs.
38
j. Portable storage facilities not associated with a valid building permit and located on
property for more than 30 days in a 12-month period.
k. Ground -mounted solar energy systems not requiring a building permit, consistent
with Section 1201.03 Subd. 23.
Section 30: City Code Section 1201.10 Subd. 2. is hereby amended as follows:
1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in an R-lA District:
a. Public parks, public playgrounds public recreational areas, and public wildlife areas;
b. Single-family detached dwellings;
C. Essential services not exceeding 40 feet in height;
d. Single-family detached dwellings used as residential facilities, as defined by §
1201.02, licensed by the state and serving six or fewer persons;
e. Single-family detached dwellings used as day care facilities, as defined by §
1201.02, licensed by the state and serving ten or fewer persons.
Section 31: City Code Section 1201.10 Subd. 4. is hereby amended as follows:
1.201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-lA District: (Requires
a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community, provided that:
(1) When abutting a residential use in any residential use district, the property is
screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter;
(2) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
b. Public or semi-public recreational buildings and neighborhood or community
centers; public and private educational institutions limited to elementary, middle and senior high schools;
and religious institutions, provided that:
(1) Side yards shall be double that required for the district, but no greater than 30
feet;
(2) Adequate screening from abutting residential uses and landscaping is
provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03,
subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with § 1201.03, subdivision 2g;
(4) Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1201.03, subdivision 6;
39
(5) The provisions of § 1201.04, subdivision ld(1) are considered and
satisfactorily met.
Section 32: City Code Section 1201.11 Subd. 4. is hereby amended as follows:
1201.11 R-111, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-1B District: (Requires
a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community, provided that:
(1) When abutting a residential use in a residential use district, the property is
screened and landscaped in compliance with § 1201.03, subdivision 2g;
(2) The provisions of § 1201.04, subdivision 1 d(1) are considered and
satisfactorily met;
b. Public or semi-public recreational buildings and neighborhood or community
centers; public and private educational institutions limited to elementary, middle and senior high schools;
and religious institutions, provided that:
(1) Required side yards shall be double that required for the district, but no
greater than 30 feet;
(2) Adequate screening from abutting residential uses and landscaping is
provided in compliance with § 1201.03, subdivision 2g;
(3) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03,
subdivision 5 and that the parking is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with § 1201.03, subdivision 2g;
(4) Adequate off-street loading and service entrances are provided and regulated
where applicable by § 1201.03, subdivision 6;
(5) The provisions of § 1201.04, subdivision 1 d(1) are considered and
satisfactorily met.
Section 33: City Code Section 1201.14 Subd. 2. is hereby amended as follows:
1201.14 R-2A, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in an R-2A District:
a. Single-family detached dwellings;
b. Two-family dwellings;
C. Single-family detached dwellings used as residential facilities, as defined by §
1201.02 of this chapter, licensed by the state and serving six or fewer persons;
d. Single-family detached dwellings used as day care facilities, as defined by § 1201.02
of this chapter, licensed by the state and serving ten or fewer persons;
e. Public parks and public playgrounds;
f. Essential services.
Section 34: City Code Section 1201.19 Subd. 4. h. (5) is hereby amended as follows:
1.201.19 R-C, RESIDENTIAL/COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R-C District: (Requires a
conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
h. Self -storage facility, as defined in this chapter, provided that:
(5) The lighting shall be consistent with Section 1201.03 Subd. 2. v. of this
Chapter;
Section 35: City Code Section 1201.22 Subd. 2. is hereby amended as follows:
1.201.22 C,-1, GENERAL COMMERCIAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in a C-1 District:
a. Trade and services. Retail stores, personal service or business service
establishments, including the following and other similar uses:
(1) Amusement places (such as dance halls or roller rinks) and commercial
recreation;
(2) Antique, resale or gift shop;
(3) Apparel sales;
(4) Art and school supplies and picture framing;
(5) Art gallery and sales;
(6) Auto accessory store;
(7) Bakery goods and baking of goods for retail sales on the premises;
(8) Bank, savings and loan, savings credit unions and other financial institutions;
(9) Barber shops;
(10) Beauty parlors;
(11) Bicycle sales and repair;
(12) Books, office supplies or stationery stores;
(13) Bowling alleys;
(14) Camera and photographic supplies;
(15) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks;
(16) Catering establishments;
(17) Coffee houses;
(18) Coin and philatelic stores;
(19) Commercial tutoring and learning centers;
(20) Computer and business machine sales or service stores;
(21) Convenience grocery stores (not supermarket type and without motor fuel);
(22) Copy service, printing service and newspaper offices;
(23) Day spas;
(24) Delicatessen;
(25) Department and discount stores;
(26) Drugstore;
41
(27)
Dry cleaning, including plant accessory thereto, pressing and repairing;
(28)
Electrical home appliance stores, including incidental repair and assembly
but not fabricating or manufacturing;
(29)
Employment agencies;
(30)
Enclosed boat and marine sales;
(31)
Essential services;
(32)
Floor covering stores;
(33)
Florist shop;
(34)
Furniture stores;
(35)
Garden supply stores;
(36)
Gift or novelty stores;
(37)
Government and public utility buildings;
(38)
Grocery store, supermarket (but not including sales from moveable,
motorized vehicles);
(39)
Hardware;
(40)
Hobby and craft store;
(41)
Home entertainment and electronics sales;
(42)
Insurance sales;
(43)
Interior decorating studios;
(44)
Jewelry stores;
(45)
Laundromat, self-service washing and drying;
(46)
Leather goods and luggage stores;
(47)
Liquor, on and off sale;
(48)
Locksmiths;
(49)
Massage therapy services, licensed pursuant to Chapter 311 of this code;
(50)
Meat market, but not including processing for a locker plant;
(51)
Motels, motor hotels and hotels, provided that the lot contains not less than
500 square feet of lot area per unit;
(52)
Motor vehicle and recreational equipment sales and structures;
(53)
Offices - commercial and professional, including chiropractic, medical,
dental and laboratories accessory thereto;
(54)
Optical stores and laboratories accessory thereto;
(55)
Paint and wallpaper sales;
(56)
Pest control services;
(57)
Pet sales, supplies and grooming;
(58)
Photography studios;
(59)
Plumbing, heating, ventilation and air conditioning, electrical sales, and the
repair thereof as an accessory
use to the retail establishment permitted within this district, but not including
fabricating or manufacturing;
(60)
Private clubs or lodges serving food and beverages;
(61)
Public utility collection offices;
(62)
Real estate sales;
(63)
Record - music shops;
(64)
Recreation - personal fitness;
(65)
Religious institutions;
(66)
Restaurants and cafes, not including drive-in facilities;
(67)
Shoe stores and shoe repair;
(68)
Sporting goods sales;
42
(69) Tailor shops;
(70) Tanning salons;
(71) Theatres, not of the outdoor drive-in type;
(72) Tobacco shops;
(73) Toy stores;
(74) Travel bureaus, transportation ticket offices;
(75) Veterinary clinic with indoor overnight care and indoor kennels;
(76) Electronic media rental and sales;
b. Commercial parking garages, ramps and lots for passenger vehicles only, provided
stacking space is provided within the structure or lot for holding cars awaiting entrance, which stacking
space shall have a capacity of no less than two vehicles;
C. Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of
the city code, as may be amended;
d. Public parks and public open space;
e. Uses similar to those enumerated in a. above, but not included in the listing, shall be
subject to review and recommendation by the Planning Commission and approval by the City Council. It
is the responsibility of the applicant to demonstrate that a particular use is consistent with the uses listed
above, including, but not limited to, traffic, hours of operation, noise, signage and the market intended to be
served.
Section 36: City Code Section 1201.22 Subd. 4. is hereby amended as follows:
1.201.22 C.,-1, ENERA , .°C)1 1: 119.W,IfAL D S"1 1t_T.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C-1 District: (Requires a
conditional use permit based on procedures set forth in and regulated by § 1201.04.):
a. Convenience store or grocery store with motor fuel sales (no vehicle service or
repair), provided that:
(1) Retail sales shall be limited to those allowed in this district (C-1);
(2) Take out food: Convenience/deli food is of the take-out type only and no
provision for seating or consumption on the premises is provided. Furthermore, the enclosed area devoted
to such activity, use and merchandise shall not exceed 20% of the gross floor area;
(3) Litter control: The operation shall be responsible for litter control within
500 feet of the property line on a daily basis.
(4) Any outdoor sales, display or storage shall be subject to a separate
conditional use permit, as provided for in this section;
(5) Hours of operation: The hours of operation shall be limited to between 6:00
A.M. and midnight unless extended by the City Council;
(6) Motor fuel facilities shall be subject to a separate conditional use permit as
provided for in this section;
(7) For facilities constructed after July 21, 2006, the architecture of the proposed
buildings shall have a residential character. Specifically, roofs, including accessory canopies, shall have a
minimum pitch of 4:12 (four feet vertical per twelve feet horizontal);
(8) For facilities constructed prior to July 21, 2006, if the principal structure has
a flat roof, an accessory canopy may also have a flat roof.
b. Drive-in facility or convenience food establishment, provided that:
43
(1) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(2) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(3) Parking areas shall be screened from view of abutting residential districts in
compliance with § 1201.03, Subd. 2.g.;
(4) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
(5) Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movements, shall comply with § 1201.03, Subd. 5. and shall be subject to the approval
of the City Engineer;
(6) All lighting shall be consistent with § 1201.03, Subd. 2.v.;
(7) The entire area shall have a drainage system which is subject to the approval
of the City Engineer;
(8) The entire area other than occupied by buildings or structures or planting
shall be surfaced with a material which will control dust and drainage and which is subject to the approval
of the City Engineer;
(9) All signing and information or visual communication devices shall be in
compliance with § 1201.03, Subd. 11.;
(10) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
C. Commercial car washes (drive through, mechanical and self-service), provided that:
(1) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(2) Stacking space is constructed to accommodate that number of vehicles which
can be washed during a maximum 30 minute period and shall be subject to the approval of the City
Engineer;
(3) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(4) Parking or car stacking space shall be screened from view of abutting
residential districts in compliance with § 1201.03, Subd. 2.g.;
(5) The entire area other than occupied by the building or plantings shall be
surfaced with material which will control dust and drainage which is subject to the approval of the City
Engineer;
(6) The entire area shall have a drainage system which is subject to the approval
of the City Engineer;
(7) All lighting shall be consistent with § 1201.03, Subd. 2.v.;
(8) Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movement and shall be subject to the approval of the City Engineer;
(9) All signing and informational or visual communication devices shall be in
compliance with § 1201.03, Subd. 11.;
(10) Provisions are made to control and reduce noise;
(11) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
d. Motor fuel sales, auto repair - minor and tire and battery stores and service, provided
that:
(1) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by
this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition
to other requirements which are imposed for other uses of the property;
(2) The architectural appearance and functional plan of the building and site shall
not be out of character with the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot;
(3) The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is subject to the approval of the City
Engineer;
(4) A drainage system shall be installed, subject to the approval of the City
Engineer;
(5) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
(6) The lighting shall be in compliance with § 1201.03, Subd. 2.v.;
(7) Wherever fuel pumps are to be installed, pump islands shall be installed;
(8) At the boundaries of a residential district, a strip of not less than five feet
shall be landscaped and screened in compliance with § 1201.03, Subd. 2.g.;
(9) Parking or car stacking space shall be screened from view of abutting
residential districts in compliance with § 1201.03, Subd. 2.g.;
(10) Vehicular access points shall create a minimum conflict with through traffic
movement, shall comply with § 1201.03, Subd. 5.g. and shall be subject to the approval of the City
Engineer;
(11) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with § 1201.03, Subd. 11.;
(12) Provisions are made to control and reduce noise;
(13) Any outside storage shall be in compliance with Subd. 41, below;
(14) All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the general welfare and public
betterment can be served as well or better by modifying the conditions;
(15) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
e. Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the community, provided that:
(1) Compatibility with the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met;
(2) Equipment is completely enclosed in a permanent structure with no outside
storage;
(3) Adequate screening and landscaping from neighboring residential districts is
provided in accordance with § 1201.03, Subd. 2.g.;
(4) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
f. Open and outdoor storage as an accessory use, provided that:
(1) The use does not constitute more than 30% of the lot area and no more than
the floor area of the first story of the principal structure;
(2) The area is fenced and screened from view of neighboring residential uses or
if abutting an R District;
(3) Storage is screened from view from the public right-of-way;
45
chapter;
met;
(4) Storage area is grassed or surfaced to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
(6) All lighting shall be in compliance with 1201.03, Subd. 2.v. ;
(7) Storage area does not take up parking space as required for conformity to this
(8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
g. Open or outdoor service, sale and rental as a principal or accessory use, provided
that:
(1) Outside services, sales and equipment rental connected with the principal use
is limited to an area no larger than the gross floor area of the principal use;
(2) Outside sales areas are fenced or screened from view of neighboring
residential uses or abutting R District in compliance with § 1201.03, Subd. 2.g.;
(3) All lighting shall be in compliance with § 1201.03, Subd. 2.v.;
(4) Sales area is grassed or surfaced to control dust;
(5) The use does not take up parking space as required for conformity to this
chapter;
met;
(6) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
h. Accessory, enclosed retail, rental or service activity other than that allowed as a
permitted use or conditional use within this section, provided that:
(1) The use is allowed as a permitted use in a C-1 district;
(2) The use does not constitute more than 30% of the lot area and no more than
50% of the gross floor area of the principal use;
(3) Adequate off-street parking and off-street loading in compliance with the
requirements of § 1201.03, Subds. 5. and 6. is provided;
(4) All signing and informational or visual communication devices shall be in
compliance with § 1201.03, Subd. 11.;
(5) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
i. Daycare facilities, as defined in § 1201.02, Subd. 4., serving ten or more persons, as
a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare facility until proof of approved applicable state licenses has been
provided to the Zoning Administrator;
(2) All child daycare facilities shall have an outdoor activity area complying with
the following:
licensing;
residential lot boundary;
neighboring residential uses;
(a) The activity area shall comply with the size required for state
(b) The activity area shall be located at least 25 feet from any adjacent
(c) The activity area shall be screened and landscaped to buffer
(d) The activity area shall be enclosed to prevent children from leaving
the premises unattended;
(3) Off-street parking must be provided in compliance with § 1201.03, Subd. 5.
The number of parking spaces required for a daycare facility shall be one space for each four persons of
licensed capacity;
(4) Adequate short-term parking or drop-off area shall be provided within close
proximity to the main entrance of the building and shall be located so as not to necessitate pedestrian
crossing of a drive aisle. The short-term parking or drop-off area shall accommodate at least three car
spaces and shall be designated as temporary in nature. The short-term parking or drop-off area shall not
conflict with off-street parking access or pedestrian movement;
(5) The structure in which the daycare facility is located shall comply with all
applicable building and fire codes;
(6) The provisions of § 1201.04, Subd. 1.d.(1) of the this code must be
considered and satisfactorily met;
j. Self -storage facility, as defined in this chapter, provided that:
(1) Adequate screening and landscaping from neighboring residential districts is
provided in accordance with § 1201.03, Subd. 2.g.;
(2) The entire facility is located within a complete enclosure. The enclosure shall
conform to applicable city codes and ordinances;
(3) The access to the facility shall be by a security gate;
(4) The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday
through Thursday, and 7:00 a.m. to 12:00 midnight, Friday and Saturday;
(5) The lighting shall be in compliance with section 1201.03 Subd. 2.v. ;
(6) The structures shall conform to height restrictions of the C-1 District. In
addition, all structures within 50 feet of any property line shall be limited to one story or 15 feet, whichever
is less;
(7) The storage is confined to enclosed permanent structures;
(8) The use of all structures shall be limited to storage only. No retail service
businesses or workshops shall be allowed. Each facility shall have one residential dwelling unit to be used
only by a resident caretaker or manager. The requirement of a caretaker residence may be waived by the
City Council, provided that:
(a) A caretaker residence for an approved self -storage facility under the
same ownership is located within 600 feet of the subject property;
(b) The applicant shall submit a plan showing where a caretaker
residence can be located on the property in the future;
(c) The applicant shall submit restrictive covenants, to be recorded
against the property, restricting its sale unless a caretaker residence is constructed on the property, or a
caretaker residence for an approved self -storage facility under the same ownership, located within 600 feet
of the subject property is provided;
(9) The entire area, other than occupied by the buildings or plantings, shall be
surfaced with material which will control dust and drainage and is subject to the approval of the City
Engineer;
(10) The number of off-street parking spaces shall not be less than six. No on -
street parking shall be allowed;
(11) Loading areas shall be located entirely within the site which will be designed
so as not to require backing in from a public street;
(12) The applicants shall provide a performance bond or letter of credit to assure
completion of the facility in accordance with the plans and specifications approved by the City Council.
The amount of the bond shall be established by the City Council at the recommendation of the city staff,
(13) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
provided that:
k. Commercial planned unit development as regulated by § 1201.06 of this chapter,
47
(1) Land uses allowed in a planned unit development are limited to those land
uses listed as permitted uses, permitted accessory uses or conditional uses in this section;
(2) The proposed development complies with the development agreement as
required for planned unit developments, pursuant to § 1201.25 of this chapter.
Section 37: City Code Section 1201.23 Subd. 4. is hereby amended as follows:
1201.23 C-2, COMMERCIAL SERVICE DISTRICT.
Subd. 4. Conditional uses. The following uses are permitted only subject to the issuance of a
conditional use permit as regulated in § 1201.04:
a. Automobile repair - minor, provided that:
(1) The entire site other than that taken up by a building, structure or landscaping
shall be surfaced with a material to control dust and drainage which is subject to approval by the City
Engineer;
(2) A drainage system subject to approval by the City Engineer shall be installed;
(3) Parking areas and driveways shall be curbed with continuous curbs not less
than six inches high above the parking lot or driveway grade;
(4) Vehicular access points shall create a minimum of conflict with through
traffic movement and shall be subject to approval of the city staff;
(5) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with § 1201.03, Subd. I L;
(6) Any outside storage shall be in compliance with paragraph b of this Subd.;
(7) Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and
(8) The provisions of § 1201.04, Subd. l.d.(1) are considered and satisfactorily
met;
b. Open and outdoor storage as an accessory use, provided that:
(1)
The use does not constitute more than 30% of the lot area and no more than
the floor area of the first story of the principal structure;
(2)
The area is fenced and screened from view of neighboring residential uses or
if abutting any R District;
(3)
Storage is screened from view from the public right-of-way;
(4)
Storage area is grassed or surfaced to control dust;
(5)
Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(6)
All lighting shall be in compliance with section 1201.03 subd. 2.v.;
(7)
Storage area does not take up parking space as required for conformity to this
chapter;
(8)
The provisions of § 1201.04, Subd. 1 d(1) are considered and satisfactorily
met;
C. Open
or outdoor service, sale, rental and display as a principal or accessory use,
provided that:
(1) Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting R District;
(2) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(3) All lighting shall be in compliance with section 1201.03 subd. 2.v.;
(4) Sales area is grassed or surfaced to control dust;
48
(5) The use does not take up parking space as required for conformity to this
chapter;
(6) The provisions of § 1201.04, Subd. 1 d(1) are considered and satisfactorily
met;
d. Fabrication (cutting, assembly and/or welding) of wood or metal products only when
accessory to an activity allowed as a permitted use or conditional use within this section, provided that:
(1) Any outside storage shall be in compliance with Subd. 4b of this section;
(2) Adequate off-street parking and off-street loading is provided in compliance
with the requirements of § 1201.03, Subds. 5 and 6;
(3) Provisions are made to control and reduce noise;
(4) The provisions of § 1201.04, Subd. 1 d(1) are considered and satisfactorily
met;
e. Building trade contractor's shop for businesses engaged in specialized construction
activities such as plumbing, painting, electrical work, carpentry and well drilling; primarily for residential
development, but not including heavy construction, provided that:
(1) Activities of the business would typically be performed at a construction site
but some incidental work may be performed in the shop;
(2) Any outside storage shall be in compliance with Subd. 4b of this section;
(3) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(4) The provisions of § 1201.04, Subd. 1 d(1) are considered and satisfactorily
met;
f. Commercial planned unit development as regulated by § 1201.06, provided that:
(1) Land uses allowed in a planned unit development are limited to those land
uses listed as permitted uses, permitted accessory uses and conditional uses in this section;
(2) The proposed development complies with the development agreement as
required for planned unit developments, pursuant to § 1201.25;
g. Operational facilities for commercial and residential lake and Lakeshore dredging,
excavation and related construction and other services and the storage of equipment, machinery, watercraft,
materials and supplies relating thereto, provided that:
(1) The use was in lawful existence prior to May 19, 1986;
(2) The area is fenced and screened from view of abutting residential uses or if
abutting any R District, in accordance with plans and specifications approved by the City Council;
(3) Storage is screened from view from the public street right-of-way;
(4) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(5) All lighting shall be in compliance with section 1201.03 subd. 2.v.;
(6) Outdoor storage shall be limited to only that which is necessary to the
conduct of the principal use;
(7) Outdoor storage does not take up parking space as required for conformity to
this chapter;
(8) Any emission of noise shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;
(9) Any use of the lake shall be approved by the Lake Minnetonka Conservation
District;
(10) The use of the property shall be approved by the Commissioner of the
Department of Natural Resources;
(11) No direct flow of surface drainage to Lake Minnetonka will be permitted.
Site grading, drainage and erosion control plans shall be approved by the City Engineer;
st
(12) Any handling or storage of flammable liquids shall be subject to the approval
of the local Fire Marshal.
Section 38: City Code Section 1201.24 Subd. 2. is hereby amended as follows:
1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT.
Subd. 2. Permitted uses. The following are permitted uses in the L-R District as regulated herein with
special limitation requirements and conditions attached as provided in subdivision 8 below. Water
harboring of boats at docks attached to land, including limited related service facilities as hereinafter
authorized, subject to an annual operating license which shall be issued only in accordance with the
following standards and limitations.
Section 39: City Code Section 1201.24 Subd. 8 k. is hereby amended as follows:
1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT
Subd. 8. Special and specific standards and conditions. The following are special and specific design
standards and conditions of limitations applicable to water -harboring of boats.
k. All lighting shall be consistent with section 1201.03 subd. 2.v. except that no light or
combination of lights which cast light on residential property, the lake or the public right-of-way shall
exceed four -tenths foot-candles (meter reading) as measured from the property line and 250 feet from the
shoreline;
Section 40: City Code Section 1201.25 Subd. 6. b. is hereby amended as follows:
1.201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
Subd. 6. Procedure for processing a P. U.D.
b. Pursuant to Minnesota Statutes 15.99, an application for any stage of a PUD or an
amendment to the PUD shall be approved or denied within 60 days from the date of its official and
complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant.
Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit
by a time period not to exceed 60 additional days, provided written notice of such extension is provided.
to the applicant before the end of the initial 60 day period.
C. General concept plan.
(1) Purpose. The general concept plan provides an opportunity for the applicant
to submit a plan to the city showing his or her basic intent and the general nature of the entire development
without incurring substantial cost. The following elements of the proposed general concept plan represent
the immediately significant elements for city review and comment:
(a) Overall maximum P.U.D. density range;
(b) General location of major streets and pedestrian ways;
50
(c) General location and extent of public and common open space;
(d) General location of residential and nonresidential land uses with
approximate type and intensities of development;
(e) Staging and time schedule of development;
(f) Other special criteria for development;
(2) Schedule:
(a) Developer meets with the Zoning Administrator to discuss the
proposed development;
(b) The applicant shall file the concept stage application, together with all
supporting data and filing fee as established by City Council resolution;
(c) The Planning Commission shall hold a public hearing;
(d) The Zoning Administrator, upon verification of the complete
application, shall set a public hearing at a regular meeting of the Planning Commission. The Planning
Commission shall conduct the hearing and report its findings and make recommendations to the City
Council. Notice of the hearing shall consist of a time and place of the public hearing and a description of
the request and be published in the official newspaper at least ten days prior to the hearing. Written
notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within
750 feet of the boundary of the property in question;
(e) Failure of a property owner to receive the notice shall not in validate
any proceedings as set forth within this chapter;
(f) The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate and provide a general assistance in preparing a
recommendation on the action to the City Council. Additionally, the request shall be referred to the Park
Commission for their review and comment;
(g) Upon consent of the City Council, the Planning Commission and city
staff shall have the authority to request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense of the applicant concerning
operational factors, the information to be declared necessary to establish performance conditions in relation
to all pertinent sections of this chapter;
(h) The applicant or a representative thereof may appear before the
Planning Commission at the public hearing in order to answer questions concerning the proposed
development;
(i) The Planning Commission shall review the reports and plans and
submit its recommendations to the Council and applicant. The report shall contain the findings of the
Planning Commission with respect to the general concept plan.;
0) The Zoning Administrator, upon receipt of the Planning Commission
recommendation, shall schedule the request before the City Council at a public meeting;
(k) Council action:
(i) The applicant or a representative thereof may appear before
the City Council in order to present the planned unit development and answer questions concerning the
proposed project;
(ii) The Council shall review the proposed development, any
reports and recommendations of advisory commissions and city staff and testimony from the public
hearing;
(iv) In evaluating the request, the Council shall determine the
relationship between the proposed development, the Comprehensive Plan and this chapter. Where any
question exists as to city policy, the Council may, at any time, refer the project or any specific item within
the project back to the Planning Commission for further study and with clarification as to the policy;
51
(v) The City Council shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert testimony with the consent
and at the expense of the applicant concerning operational factors, the information to be declared necessary
to establish performance conditions in relation to all pertinent sections of this chapter;
(vi) The City Council may require revisions to or modifications of
the general concept plan where deemed necessary. Any revision or modification shall be referred to the
Planning Commission for informational purposes;
(vii) Within the time specified in Section 1201.25 Subd. 6. b., the
City Council shall grant approval of or deny the concept plan;
(viii) The City shall provide written findings to the applicant after the
City Council acts to approve or deny the plan;
(3) Optional submission of development stage plan. In cases of single stage
P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or
she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case,
the Planning Commission and Council shall consider the plans, grant or deny development stage plan
approval in accordance with the provisions of Subd. 6c.
(4) Effect of concept plan approval. Unless the applicant shall fail to meet time
schedules for filing development stage and final plans or shall fail to proceed with development in
accordance with the plans as approved or shall in any other manner fail to comply with any condition of
this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall
not be modified, revoked or otherwise impaired pending the application of development stage and final
plans by any action of the city without the consent of the applicant. Problems arising or found to exist
during the development or final plan stage of a project may provide cause for the city to require
modification of the general concept plan.
(5) Limitation of general concept plan approval. Unless a development stage
plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage
of the P.U.D., whichever is greater, has been filed within six months from the date Council grants general
concept plan approval, or in any case where the applicant fails to file development stage and final plans and
to proceed with development in accordance with the provisions of this chapter and of an approved general
concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith
adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not
received final approval and re-establishing the zoning and other ordinance provisions that would otherwise
be applicable. Upon request by the applicant, the Council, at its discretion, may extend the approval for
additional periods not in excess of six months each.
Section 41: City Code Section 1201.25 Subd. 6. c. (4) is hereby amended as follows:
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
Subd. 6. Procedure for processing a P. U.D.
d. Development stage.
(4) Schedule.
(a) Developer meets with the Zoning Administrator and city staff to
discuss specific development plans.
(b) The applicant shall file the Development Stage application within six
months after Concept Plan review, together with all supporting data and filing fee.
52
(c) Technical staff reports shall be prepared on the proposed development
and distributed to the Planning Commission.
(d) The applicant or a representative thereof may appear before the
Planning Commission in order to answer questions concerning the proposed development.
(e) The Planning Commission will make a recommendation to the City
Council on the Development Stage Plan.
(f) Council action:
(i) The applicant or a representative thereof may appear before
the City Council in order to present the Development Stage Plan and answer questions concerning the Plan;
(ii) The Council shall review the Development Stage Plan and any
reports and recommendations of advisory commissions and city staff,
(iii) The Council shall determine the relationship between the
Development Stage Plan and the previously approved Concept Plan.
(iv) Where deemed necessary, an additional public hearing may be
required during the Development Stage of the P.U.D. The public hearing shall be held at the discretion of
the City Council and shall comply with the procedures set forth in subdivisions 6b(2)(c) through 0) of this
section.
(v) The City Council may require revisions to or modifications of
the Development Stage Plan where deemed necessary. Any revision or modification may be referred to the
Planning Commission for informational purposes.
(vi) Within the time specified in Section 1201.25 Subd. 6. b., the
City Council shall approve or deny the Development Stage Plan. If approved, the City Council shall
include any specific terms and conditions of the PUD into the approving resolution and may require a
P.U.D. agreement for multiphased projects or projects that include a subdivision and/or construction of
public or private improvements. This agreement shall be signed by the Mayor of the City of Shorewood,
City Administrator/Clerk and the applicant within 60 days of Council approval of the Development Stage
Plan, unless the City Council receives and approves a request for an extension from the applicant prior to
expiration. The request must explain the efforts taken to complete the conditions of approval. If denied,
the Council action shall be by resolution setting forth the findings for its action. In all cases, a copy of the
document evidencing City Council action shall be promptly delivered to the applicant by the Zoning
Administrator.
Section 42: City Code Section 1201.25 Subd. 6. d. (2-4) is hereby amended as follows:
1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.
d. Final Plan.
(2) Schedule. Upon approval of the Development Stage Plan, and within the
time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan
consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or
for one or more stages. This plan will be reviewed and approved/denied by city staff, unless otherwise
specified by the City Council.
(3) Building and other permits. Except as
otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the
approved Final Plan has been approved and is consistent with the applicable ordinances of the city, all
53
appropriate officials of the city may issue building and other permits to the applicant for development,
construction and other work in the area encompassed by the approved Final Plan; provided, however, that
no permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes
and ordinances which are applicable to the permit sought have been satisfied.
(4) Limitations on Final Plan approval. Approval of the Final Plan P.U.D. shall
expire within one year after the City Council grants the approval if construction has not commenced or
unless an extension shall have been granted as hereinafter provided. The effect of this expiration shall
automatically render void the P.U.D. and all approvals of the P.U.D. plan and the area encompassed within
the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances
applicable in the district in which it is located. In this case, the Council shall adopt an ordinance repealing
all P.U.D. approvals and re-establishing the zoning and other ordinance provisions that would otherwise be
applicable.
Section 43. This Ordinance shall be in full force and effect upon publication in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 14th
day of December, 2020.
ATTEST:
SANDIE THONE, CITY CLERK
54
SCOV ZERBY, M YOR