10-18-16 Planning Comm Agenda
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, 18 OCTOBER 2016 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
JOHNSON (Sep) ______
DAVIS (Aug) ______
RIEDEL (Jul/Dec) ______
MADDY (Oct) ______
BEAN (Nov) ______
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. AMENDMENT TO CHAPTER 1101- FLOOD PLAIN MANAGEMENT REGULATIONS
2. MATTERS FROM THE FLOOR
3. OLD BUSINESS / NEW BUSINESS
4. DRAFT NEXT MEETING AGENDA
5. REPORTS
Liaison to Council
SLUC
Other
6. ADJOURNMENT
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, OCTOBER 4, 2016 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Davis called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Chair Davis; Commissioners Bean, Johnson, Maddy and Riedel; and, Planning Director
Nielsen
Absent: None
APPROVAL OF AGENDA
Bean moved, Maddy seconded, approving the agenda for October 4, 2016, as presented. Motion
passed 5/0.
APPROVAL OF MINUTES
September 20, 2016
Maddy moved, Bean seconded, approving the Planning Commission Meeting Minutes of September
20, 2016, as presented. Motion passed /0/1 with Johnson abstaining due to his absence at the
meeting.
1. PUBLIC HEARING – CONDITIONAL USE PERMIT AND VARIANCES TO BUILD ON
A SUBSTANDARD LOT IN THE SHORELAND DISTRICT
Applicant: Marc and Kerri Hexum
Location: 5205 Howards Point Road
Chair Davis opened the Public Hearing at 7:01 P.M. noting the procedures used in a Public Hearing. She
explained the Planning Commission is composed of residents of the City of Shorewood who are serving
as volunteers on the Commission. The Commissioners are appointed by the City Council. The
Commission’s role is to help the City Council in determining zoning and planning issues. One of the
Commission’s responsibilities is to hold public hearings and to help develop the factual record for an
application and to make a non-binding recommendation to the City Council. The recommendation is
advisory only. She stated this evening the Planning Commission is going to consider a conditional use
permit (C.U.P.) and variances to build on a substandard lot for Marc and Kerri Hexum, 5205 Howards
Point Road.
Director Nielsen explained Marc and Kerri Hexum own the property located at 5205 Howards Point
Road. The Hexums propose to demolish the existing house and garage on the property and build a new
home with an attached garage. The subject property is quite substandard with respect to its R-1A/S,
Single-Family Residential/Shoreland zoning district. Instead of 40,000 square feet in area, the lot is only
13,534 square feet. Similarly, the buildings on the property do not comply with any of the R-1A/S setback
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 4, 2016
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requirements and the amount of impervious surface on the site is 51.2 percent, whereas the limit is 25
percent.
Their proposal requires a C.U.P. for construction on a substandard lot and four variances: 1) lot area; 2)
lot width; 3) front yard setback; and, 4) maximum impervious surface in excess of 25 percent.
There is a lot of pavement in front of the existing house and there is additional pavement around the
house. The applicants’ proposal would drastically reduce the hardcover. It will go from 51.2 percent to
28.2 percent. He thought that would be the most drastic decrease in hardcover the City has seen.
With regard to the analysis about substandard lots of record, Nielsen explained Section 1201.03 Subd.
2.c.(3) of the Shorewood Zoning Code provides criteria for building on a substandard lot of record (a lot
that existed prior to current zoning requirements and does not meet area or width requirements). The
Code states that a lot is considered to be buildable if it complies with the following criteria:
1. The lot must be in separate ownership from adjoining properties. The Hexums do not own the lots
on either side of theirs.
2. The lot must meet at least 70 percent of the width and area requirements for the zoning district in
which it is located. This requires a lot to be 84 feet wide and 28,000 square feet in area in the R-
1A/S zoning district. The subject property is two feet short of the 84-foot width requirement. The
lot is 14,466 square feet short of the area requirement.
3. With the exception of a 15-foot variance for the front of the building, the proposed building
complies with the required setbacks of the zoning district. The existing home is eight feet short of
the side yard setback requirement, 22 feet short of the front yard requirement and 10 feet short of
the rear setback requirement. The proposal would make drastic reduction in the nonconformity.
4. The floor area of structures cannot exceed 30 percent of the area of the lot. Total hardcover
cannot exceed 25 percent of the lot. Floor plans for the proposed home indicate that the home is
within the 30 percent. Proposed total hardcover (impervious surface) is 28.2 percent, versus the
current coverage of 51.2 percent.
He noted that the existing home could be enlarged by adding additional space above the existing footprint
of the home. That would not improve the property with respect to better conformance with the Zoning
Code.
With regard to the analysis about the variances, he explained Section 1201.05 Subd. 2.b of the Shorewood
Zoning Code sets forth criteria for the consideration of variance requests. He reviewed how the
applicant’s request conforms to the criteria for variances:
1. Despite the substandard width of the lot, the applicants have designed the new home to improve
the property with respect to side yard and lakeshore setbacks and a drastic reduction of hardcover.
2. The applicants’ “practical difficulties” are not economic in nature or the result of their actions.
The existing lot of record and the existing home and garage existed prior to current zoning
standards.
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3. Granting the variance does not confer any special privilege on the applicant that would be denied
to other properties. Presumably similar consideration would be given to any owner who is willing
to increase the conformity of a substandard property to the extent proposed by this applicant.
4. The proposed home does not adversely affect the character of the existing neighborhood. There
are structures on other properties along Howards Point Road that are closer than the applicants’
structures. The applicants’ proposal would improve what currently exists on their property.
5. The variance is the minimum necessary to make reasonable use of the property. The proposed
house and garage are very much in scale with the size of the existing lot.
6. The following provides a comparison of the zoning requirements, the existing site and the
applicants’ proposed plans.
R-1A/S Requirement Existing Proposed
Front Yard Setback 50 feet 28 feet 35 feet
Side Yard Setback Total 30 feet, no less than 10 feet 11 / 11 feet 12.5 / 20 feet
Rear Yard Setback 44.2 feet* 34 feet 44.2 feet*
Percent Impervious 25% maximum 51.2% 28.2%
Floor Area Ratio 30% maximum unknown less than 30%
* The rear yard setback takes advantage of the average lakeshore setback provision for the
properties abutting each side of the subject property.
Nielsen noted that based upon the analysis of the case, staff recommends approval of the C.U.P. and
variances.
Kerri Hexum, 5205 Howards Point Road, noted she and her husband Marc lived in the area their entire
lives. They grew up in the Cities of Excelsior and Deephaven. It has been their dream to live next to the
lake. She also noted they have the smallest lot in the neighborhood and are therefore building the smallest
house in the neighborhood. She stated that they believe that what they have proposed is reasonable and
noted that they would have liked to build a larger home and a three car garage.
Commissioner Riedel stated from his perspective the strictest interpretation of the Zoning Code would
allow the applicants to rebuild the structure with the same exact footprint of the existing structure. He
asked if that would be an option. Ms. Hexum stated they wanted to build back farther from the water so
they could have a larger yard. Riedel stated the significant reduction in impervious surface is appreciated.
He thought that is the most compelling part of the proposal.
Commissioner Johnson stated there is nothing in the description about the heights of the buildings. He
asked if there is any concern about the peaks and how close they are to the setbacks. Director Nielsen
responded no and noted the building heights are within the 35 foot and 2.5 stories restrictions.
Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony
portion of the Public Hearing at 7:12 P.M.
Chair Davis noted she agreed with Commissioner Riedel and stated the proposed improvement is positive
from every perspective.
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Commissioner Bean stated there are plats around the City that were created in the early 1900s that are
very different than what the City would consider appropriate today. He then stated that what has been
proposed would make the best use of an existing home site on a vastly substandard lot. He noted he
thought the applicants’ proposal is very reasonable.
Commissioner Riedel stated the proposal would improve upon all of the nonconformities. The impervious
surface would be reduced significantly. Those are reasons to look at the proposal favorably. He noted the
variances being asked for are significant. He reiterated from his perspective the strictest interpretation of
the Zoning Code would allow the applicants to rebuild the structure with the same exact footprint as the
existing structure. He cautioned the Planning Commission against considering the request too lightly.
Commissioner Bean stated that in general the proposal is consistent with a variance of similar size in
Minnetonka Manor that the Planning Commission recommended approval of several months ago. That lot
was platted in 1906. It was a sliver of a lot along a public street that becomes a private road. There have
variances granted over the years for very substandard lots that exist in the older parts of Shorewood.
There is consistency in that even though the proposal does not come close to complying with all
requirements the proposal is a significant improvement. He noted that if the applicants rebuilt on the
existing footprints there would be more and greater variances than for what has been proposed.
Bean moved, Maddy seconded, recommending approval of lot area, lot width, front yard setback,
and impervious surface variances and a conditional use permit for new construction on a
substandard lot for Marc and Kerri Hexum, 5205 Howards Point Road. Motion passed 5/0.
Director Nielsen noted Council will consider this item during its October 24, meeting.
Chair Davis closed the Public Hearing at 7:19 P.M.
2. PUBLIC HEARING – REZONE PROPERTY FROM R-1A, SINGLE-FAMILY
RESIDENTIAL, TO R-1C, SINGLE-FAMILY RESIDENTIAL
Applicant: Bryan Pike
Location: 24845 Smithtown Road and 5810 Club Lane
Chair Davis opened the Public Hearing at 7:19 P.M., noting the process will be the same as for the
previous item. She stated during this Public Hearing the Planning Commission is going to consider a
request to rezone properties from R-1A, Single-Family Residential to R-1C, Single-Family Residential
for Bryan Pike for the properties located at 24845 Smithtown Road and 5810 Club Lane.
Director Nielsen explained Bryan Pike owns the properties located at 24845 Smithtown Road and 5810
Club Lane. The properties are located in the R-1A, Single-Family Residential zoning district. He has
requested that they be rezoned to R-1C, Single-Family Residential which allows a smaller lot size; 20,000
versus 40,000 square feet. The properties are occupied by single-family homes. The Smithtown Road lot
contains 42,697 square feet of area and the Club Lane lot contains 57,761 square feet. The lots are two of
12 lots that are bordered on the west, south and east by the new Minnetonka Country Club (MCC)
planned unit development (PUD). To the north it is all R-1C zoning. Mr. Pike’s letter of request lists six
reasons for his request.
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With regard to the analysis of the case, Nielsen noted that rezoning of the two subject properties, by
themselves, is considered to be spot zoning, which is generally not considered to be good planning.
Staff has analyzed the six reasons listed in Mr. Pike’s request letter and thought an examination of the
surrounding properties and zoning was appropriate. The MCC development consists of single-family
homes on lots of varying sizes that are to be developed with R-1C zoning standards as a basis. Lot sizes
are smaller for the MCC development and the setbacks are R-1C based. The overall density for MCC is
two units per acre because of the open space contributed as part of the project.
The current zoning map for the area shows that Mr. Pike’s lots plus the other 10 lots form an
approximately 11-acre “pocket” of land that is surrounded by land developed to R-1C density/standards.
Seven of the 10 other lots do not meet the 40,000 square-foot area requirement for the R-1A District. Four
of them do not meet the 120-foot width requirement. Many of the lots in the neighborhood do not comply
with R-1A setback requirements. Essentially, all of the lots would benefit from the reduced setbacks of
the R-1C District: 35 feet front yard setback versus 50 feet; 40 feet rear yard setback versus 50 feet.
Any rezoning should be consistent with the City’s Comprehensive (Comp) Plan. The Planning Advisory
Committee established for the study of the MCC redevelopment recommended that the Club Lane area
could be developed at a higher density than its current “minimum density” classification. Rezoning of this
area would make it consistent with a “low to medium” land use classification.
It is Mr. Pike’s intent to maximize the redevelopment potential of the two properties. A preliminary
examination of his two lots suggests that four lots could be achieved with R-1C zoning. What would go
along with that is an upgrade of Club Lane. The right-of-way (ROW) for this street is substantially
substandard; the ROW is only 30 feet wide. Any subdivision of the Pike properties should include the 20
feet of ROW width necessary to bring it to the City standard of 50 feet wide as well as a turn-around.
Nielsen noted that staff does not recommend rezoning of the Pike properties by itself. Staff does
recommend that the Club Lane “pocket” of 12 lots, which includes the Pike properties, be rezoned to R-
1C, Single-Family Residential. He explained that would necessitate a new notice being sent out, plus a
separate public hearing. If the Planning Commission is in agreement, this would be scheduled for the
Planning Commission’s November 1 meeting.
Chair Davis noted she would support what staff has proposed and stated that she was a member of the
Planning Advisory Committee. She asked if the owners of the other 10 properties would have a say in the
rezoning proposed by staff. Director Nielsen explained they would be notified of new public hearing and
would have an opportunity to comment on the possible rezoning of the 12 lots.
Commissioner Riedel stated all of those property owners may not want the rezoning.
Commissioner Maddy stated he assumes the applicant has paid the fee for the application he submitted.
Director Nielsen confirmed that.
Director Nielsen suggested continuing this Public Hearing to the November meeting and then taking up
the rezoning of the other 10 parcels at that time. Commissioner Maddy asked if the applicant is willing to
give up his individual request and then join forces with the other property owners and file a new
application to rezone all 12 properties. Nielsen clarified that the City can initiate the additional rezoning
of the other 10 lots.
Bryan Pike, 24845 Smithtown Road, introduced himself.
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Commissioner Johnson stated in Mr. Pike’s request letter he states “I have discussed this request with xx
of the 12 property owners and there is a general consensus to move ahead with this.” Mr. Pike clarified
that by general consensus he means those people he was able to make contact with on a weekend when he
went door to door to distribute a document stating what he wanted to do and why he wanted to do it.
Mr. Pike explained that one of the property owners named Dave recommended even a higher density. He
pointed to a map and which of the property owners seemed receptive to what he was requesting. The
owner of the 5815 Club Lane property indicated he did not want higher density. He provided his phone
number to those people that were not home that day and none of them called him back.
In response to a comment from Commissioner Bean, Director Nielsen clarified that Club Lane would be
upgraded at the time Mr. Pike subdivided his properties. The rezoning would not trigger that. Bean asked
if the City would want to stipulate that as part of the rezoning. Nielsen explained that zoning cannot be
conditioned; it is either acceptable or it is not. Nielsen noted upgrading of Club Lane when Mr. Pike’s
properties are subdivided is stated in the staff report for this item and would be documented in the
meeting minutes.
Commissioner Bean stated should Council ultimately approve the rezoning of the 12 lots and if Mr. Pike
applies for a subdivision he asked if Mr. Pike would have to give the additional 20 feet of ROW to Club
Lane. Director Nielsen stated most likely because the lots on the east side of Club Lane by themselves do
not have the capability of being re-divided.
Bean asked Mr. Pike if he understands the implication that if he would subdivide his property that a
condition of that would be giving the City 20 feet of ROW along his properties. Mr. Pike stated he had
not considered that yet but it had crossed his mind.
Bean then asked where the turnaround would come from. Director Nielsen responded the west side of
Club Lane (Mr. Pike’s property).
Chair Davis asked if Mr. Pike’s intent was to subdivide and then sell individual lots. Mr. Pike responded
no. Mr. Pike stated the intent is to get as much money for the sale of their land as they can so they can
take care of their parents in assisted living. Davis asked if Mr. Pike had received an offer to which he
responded no. Mr. Pike stated over one year ago he had an offer on his property (24845 Smithtown Road)
and noted that his father owns the 5810 Club Lane property. He explained the condition of the sale of Mr.
Pike’s 24845 property was he had to get the property rezoned. He did nothing at that time.
Commissioner Maddy asked if the City commonly requires a turnaround. He stated it was his recollection
that the City got rid of a turnaround on Howards Point Road. Director Nielsen clarified there was not a
turnaround there and explained those applicants had pavement adjacent to the street surface of Howards
Point Road. That was on their property and it was basically their parking area. Maddy asked how the City
decides which applicant needs a turnaround and which does not. Nielsen explained if the owner of the
property on the point wanted to subdivide the property that would have required an expansion of ROW
and some type of turnaround. Nielsen noted it usually goes with a subdivision and stated their probably
should not be more lots along Club Lane without upgrading that roadway.
Commissioner Bean stated the owners of the four properties (24905, 24945, 25005, and 25015 Smithtown
Road) located to the west of 24845 Smithtown Road would not have much to gain by rezoning to R-1C.
Director Nielsen stated if any of those owners wanted to join their lots and resubdivide the land they may
be able to get more lots out of that. They would also have reduced front and rear yard setbacks.
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Chair Davis opened the Public Testimony portion of the Public Hearing at 7:36 P.M.
John P. Rondeau, 5830 Club Lane, noted that he and his wife have lived in their home for about one year.
Their property is located at the very south end of Club Lane. He stated that drivers turn around in their
driveway almost every day. Their dogs run out on to their driveway and the drivers do not stop. He then
stated he thought Club Lane needs major upgrades if the zoning change is approved and there needs to be
a turnaround that would not be located close to their lot. If there is an option for a turnaround near the
southeast of their property where the MCC development is that would maybe be acceptable; but, he
doesn’t think that would be considered. He noted small children live on the 5815 Club Lane property
which is located near the northeast corner of his property.
Lauren Riedel, 5815 Club Lane, noted she has three small children. She stated currently Club Lane is
wide enough for one car. If another car comes down the driver usually pulls onto the driveway at 5765
Club Lane because that has the most open space for drivers to pull in. There are a lot of drivers that travel
fast down Club Lane because they think it is County Club Road. They don’t realize it is not until they get
to the end where the roadway dips down at the Rondeau property. She then stated that when they
purchased their property in 2002 their lot marker went into the middle of the road. If a turnaround had to
be created at the south end of the 5810 Club Lane property they would end up having to give up some of
their property. She commented that there are more vehicles traveling on Club Lane because one of the
properties is for sale. She noted that the school bus stops at the intersection of Smithtown Road and Club
Lane on the north; the roadway cannot accommodate the preschool bus coming down Club Lane to pick
up her son. She commented that because of the MCC development there will end up being a lot more
houses in their front yards.
Aaron Hatz, 5765 Club Lane, stated when he brought his property in 2009 he assumed that someday the
MCC property would be redeveloped. He noted that he liked to live in Shorewood because of the larger
lot sizes; that is why he moved there. He stated he is not a huge fan of jamming more houses in his
neighborhood; but, he does understand it. He noted his property is to the east of the 24845 Smithtown
Road and 5810 Club Lane properties. He also noted that lots of drivers turn around on his driveway. He
stated Club Lane is extremely narrow and it is quite compact on the south end. He noted his property is
not quite an acre in size so rezoning it to R-1C would not benefit him.
Director Nielsen clarified the front and rear yard setbacks would be less with R-1C zoning.
Mr. Hatz stated his home was run down and at some point he will want to do something with it.
Director Nielsen asked if there is a no outlet sign at the entrance on to Club Lane from Smithtown Road.
Mr. Hatz responded yes.
Mr. Hatz stated about 10 cars a day turn turnaround on Club Lane.
Ms. Riedel stated there is a no outlet sign. All drivers see is Club Lane and think it is Country Club Road.
Chair Davis stated she also lives on a dead end roadway; she totally understands what people are talking
about.
Ms. Riedel stated Club Lane narrows by their house and there are trees between their home and the house
on the 5795 Club Lane property just north of theirs. You cannot see onto the roadway until you are past
the trees.
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Mr. Pike stated the density by joining and then resubdividing the two properties would result in three
additional houses. He noted he lived there since 1965; he grew up there. He then stated there had been a
service road that went to the old maintenance facility on the country club property. That is where the
turnaround was before the country club site was sold to Mattamy Homes. There were always vehicles
coming down the roadway because the maintenance workers needed to get to the facility. He went on to
state he grew up used to that.
Chair Davis closed the Public Testimony portion of the Public Hearing at 7:47 P.M.
Commissioner Bean stated Ms. Riedel noted that the lot lines go into Club Lane. He asked if the City has
a platted street there or is it just an easement. Director Nielsen clarified the City’s map shows 30 feet of
platted ROW.
Bean then stated that along Star Lane directly across Smithtown Road it is all half-acre lots; it is R-1C
zoning.
Commissioner Riedel stated that in terms of joining the two Pike lots and then resubdividing the lot it is
not clear that the four lots along Smithtown Road just to the west of 24845 Smithtown Road could be
transformed into anything else. Properties 24845 Smithtown Road and 5810 Club Lane could be
transformed into more density.
Commissioner Bean stated if the owners of the four lots (24905, 24945, 25005, and 25015 Smithtown
Road) just to the west of 24845 Smithtown Road got together and reconfigured that area it may be
possible to have a cul-de-sac there.
Chair Davis stated if the 24845 Smithtown Road and 5810 Club Lane properties were joined there would
be enough property for three lots and a decent turnaround without encroaching on another property.
Director Nielsen concurred.
Commissioner Maddy stated he could not support spot zoning and thought this item should be continued
to the November 1, 2016, Planning Commission meeting.
Commissioner Bean stated that independent of the spot zoning he thought it makes sense to look at
rezoning in the context of all 12 properties even if just the 24845 Smithtown Road and 5810 Club Lane
properties were rezoned. He requested that for the November 1 continuation of this item that staff provide
a graphic that shows the setbacks for all 12 lots and where the houses are positioned from the MCC
properties for the 5815 and 5830 Club Lane properties.
Chair Davis requested staff also provide a hypothetical sketch plan for Club Lane platted properly
including the setbacks.
Commissioner Riedel asked what input the owners of the other 10 properties have on the rezoning of their
properties. Is it through the Public Hearing process? Director Nielsen confirmed that. Riedel then asked if
that means that the property owner’s permission is not required. Nielsen stated yes.
Commissioner Bean asked if all owners of the 12 properties were noticed of this Public Hearing. Director
Nielsen stated he thought they were because they would have been within the 500 foot radius.
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October 4, 2016
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Director Nielsen explained a notice will be sent out for the November 1 continued Public Hearing
informing the property owners that the City is considering rezoning more than the two original Pike lots.
Maddy moved, Riedel seconded, continuing the Public Hearing for a request to rezone the
properties located at 24585 Smithtown Road and 5810 Club Lane properties from R-1A, Single-
Family Residential to R-1C, Single-Family Residential to the Planning Commission’s November 1,
2016, meeting. Motion passed 5/0.
Chair Davis closed the Public Hearing at 7:55
3. PUBLIC HEARING – REZONE PROPERTY FROM R-2A, SINGLE AND TWO-
FAMILY RESIDENTIAL TO C-1, GENERAL COMMERCIAL (continued from
September 20, 2016)
Applicant: John Benjamin
Location: 24250 Smithtown Road
Chair Davis opened the Public Hearing at 7:56 P.M. She noted it was continued from September 20,
2016.
Director Nielsen Noted the Planning Commission first considered John Benjamin’s request to rezone the
property at 24250 Smithtown Road from R-2A, Single and Two-Family Residential to C-1, General
Commercial during its June 7 meeting. The request was continued to August 2 per the applicant’s request
and again to September 20 and then again to October 4.
He explained the property is located south of the Shorewood Public Works Department, west of the
Public Safety Facility, and east of the Chocolate Store. Staff met with the applicant’s consultant and
directed him to the Smithtown Crossing Redevelopment Study that had been adopted into the
Comprehensive (Comp) Plan. The Study is effectively the area plan for the vicinity in which the site is
located. The Study recommended the site should be rezoned to R-C, Residential Commercial. The
applicant wanted the C-1 zoning because that zoning would allow for a higher intensity use. They
presented a couple of ideas of how it could be used but they did not have a definite plan.
In a different proposal that Mr. Benjamin submitted, he proposed relocating City Hall and the Southshore
Center to this area and relocating Badger Park. The City Hall campus area would have been redeveloped
into some grand plan. That was turned down by the Shorewood Council.
For the 24250 Smithtown Road site the applicant presented a sketch of how a single-story office building
might work on the site. They also presented the idea of a motel/hotel facility for the property. There
already is a tremendous amount of traffic on Country Road 19 which at times makes it difficult to get in
and out of the area.
He noted that the applicant was notified that this item would be on the agenda for this meeting but staff
has not heard back from the applicant.
Nielsen then noted that staff continues to recommend rezoning to R-C, Residential-Commercial. That
would be acceptable and consistent with the Comp Plan. Staff does not recommend rezoning the property
to C-1, General Commercial.
Seeing no one present to comment on the case, Chair Davis opened and closed the Public Testimony
portion of the Public Hearing at 8:00 P.M.
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Maddy moved, Johnson seconded, recommending denial of the request from John Benjamin to
rezone the property at 24250 Smithtown Road from R-2A, Single and Two-Family Residential to C-
1, General Commercial. Motion passed 5/0.
Chair Davis closed the Public Hearing at 8:01 P.M.
4. DISCUSSISON REGARDING SHORT-TERM RENTAL OF RESIDENTIAL PROPERTY
Director Nielsen noted that he did not have much for this topic. He stated it was discussed during the
Planning Commission’s September 20, 2016, meeting. During its September 26 meeting Council did
approve an ordinance amending the Shorewood Rental Housing Code as it pertains to short-term rental of
property as recommended by the Commission on September 20.
He stated the hearing officer did rule in the City’s favor on the Wild Rose rental situation. He will send a
copy of that ruling to the Commissioners. Chair Davis noted there has not been anyone there since before
the Ryder Cup event. Nielsen stated the people renting that property were renting without a license and
the hearing officer acknowledged that; that was in violation of the Rental Housing Code. The hearing
officer also agreed with the City that it was a commercial use of the property and not a residential use.
He explained that amendments similar to those made to the Rental Housing Code will be made to the
Zoning Code. Staff was not able to get a public hearing notice out in time for this meeting; therefore, it
will be on the November 1 meeting agenda. There will also be discussion about exceptions to the short-
term rental provisions for event rentals and the process to do that for both the Rental Housing Code and
Zoning Code. He does not think people renting their homes on a short-term basis during an event should
have to get a rental housing license.
Nielsen noted the City did not receive any complaints about Ryder Cup rentals.
Chair Davis asked what would happen to the people who own property out on the islands who have been
accustomed to renting their properties over the years. Director Nielsen stated currently they would be in
violation for renting their properties for less than 30 days.
Commissioner Johnson stated if, for example, a family has rented a house for a week and the City found
out he asked if the people would be kicked out of the rental house for the rest of the week. Commissioner
Bean stated he thought the person who signed the rental agreement or paid the check would be subject to
the misdemeanor and fine. Director Nielsen clarified the owner would be subject to the fine and stated if
the people renting the house are acting up they could be evicted; that would not be because of short-term
rental.
Chair Davis stated everything done in the City is based on complaints. If a person rents a house and is a
good renter no one is going to complain to the City.
Commissioner Maddy stated based on his experience the City would have a lot of flexibility with illegal
occupancy. The City can choose what the appropriate course of action should be; that is how it is done in
the City of Minneapolis.
Commissioner Johnson asked what would happen if the City receives a complaint on a Friday at 6:00
P.M. and a member of City staff cannot be reached until the following Monday morning and the renters
continue with their bad behaviors over the weekend. Director Nielsen noted that the police are available
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 4, 2016
Page 11 of 13
to deal with disruptive behaviors and noted the police are making a concerted effort to help the South
Lake Minnetonka Police Department (SLMPD) member cities.
Director Nielsen stated he thought the fine for Short-term rental violations should be more.
Chair Davis suggested the Commissioners make a list of their points for the discussion in November.
Director Nielsen stated the City has a party permit for people who are going to have more than 75 people
at a gathering. A person basically fills out an application indicating that that is going to happen and
providing contact information. The City provides the applicant with a set of rules. That process has
worked well.
5. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
6. OLD BUSINESS / NEW BUSINESS
Commissioner Bean stated during Council’s September 26 meeting there was discussion about a drainage
issue along Lilac Lane and whether it was a private issue with a private cause or a private issue with a
public cause. He asked if the Planning Commission should discuss that.
Director Nielsen stated he thought it would be appropriate for the Planning Commission to review the
Comprehensive (Comp) Plan. The Comp Plan addresses different levels of problems. It states if an issue
impacts one property that is a private problem. If it impacts a group of properties then the City may want
to get involved with that. If the City is going to get involved then the City may need to acquire easements.
He does not think Council was aware of that provision during its discussion. During Council’s discussion
Council asked staff to provide additional information including the excerpt from the Comp Plan. Nielsen
then stated from his perspective the City should not spend money to resolve the drainage problem because
the previous owner of the Lilac Lane property located the driveway at the lowest point of Lilac Lane.
Commissioner Bean asked if there is a log of known stormwater drainage problems in the City. Director
Nielsen stated City Engineer and Public Works has a list of them. Bean then asked if it would make sense
to identify them in the Comp Plan. Nielsen noted the more significant problems are included in one of the
City’s plans [the Surface Water Management Plan]. Bean clarified he was wondering if they could be
highlighted on the map in the Comp Plan. Nielsen noted that he would not recommend that.
Chair Davis stated that when roadways are reconstructed the City makes an attempt to mitigate drainage
problems.
Commissioner Bean stated when he was previously involved with City government the City could not
mitigate many problems because residents did not want the City to install culverts to channel water.
Director Nielsen stated Glen Road is a perfect example of that. Nielsen explained the City prepared an
extensive plan to address drainage concerns there. Even though the City would pay for the work the
residents would have to have given the City easements and they did not want to do that.
Bean commented that curb and gutter were two words residents reacted poorly to in the mid-1990s.
Commissioner Johnson asked if there has been any discussion about drainage along the Lake Minnetonka
LRT Regional Trail. There has been standing water there for the past one and one-half months; all the
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October 4, 2016
Page 12 of 13
way from Cathcart Drive to Freeman Park on both sides of the Trail. Chair Davis noted there had been a
500-year event. Johnson noted he has lived in the City for two years and during that time there have been
two 100-year events and one 500-year event. Director Nielsen stated staff has looked into that a couple of
times and understands there is a drainage problem. Nielsen explained that area is very flat; it does not
drain well. When Strawberry Gardens was developed years ago there was discussion about putting in an
extensive stormwater management system. Unfortunately, residents did not want to give up easements
and the cost of the system was prohibitive. The City did limit the number of lots in that development.
Chair Davis stated she remembered that when she was on the Park Commission WSB & Associates had
prepared a proposal for the City to create two ponds in Freeman Park. That would have required taking
out mostly buckthorn and some trees but some people did not like that idea. That would have solved the
drainage problem on that side if it had been done. Director Nielsen stated that project is still around and
noted the cost to do that is quite high. He thought the cost would be about $600,000. Davis said it was
less than $1 million. Nielsen stated the City decided not to spend that much money on that project.
Director Nielsen noted there are drainage issues throughout the City.
7. DRAFT NEXT MEETING AGENDA
Director Nielsen explained the City is required to update its floodplain regulations. The City has been
provided with a model ordinance which is not drastically different than what the City has in place (a copy
of the model was distributed to the Commissioners). It appears that a number of definitions were added to
the model ordinance. Some flexibility was added to the flood proofing provisions. The flood insurance
rate maps were also fine-tuned; he thought quite well. The City has to adopt the updated floodplain
regulations by November 4. Staff thought that did not have to be done until later in the year. Therefore, he
asked the Commissioners if they could meet on October 18. He will send out a memo that highlights the
difference between the current ordinance and the model ordinance.
Commissioner Maddy asked what would happen if the City did not get the regulations adopted by
November 4. Director Nielsen explained no one in the City would be eligible for flood insurance.
Chair Davis asked if the City had a map of the floodplain areas. Director Nielsen explained there are 12
floodplain maps and noted that he would probably provide the Commissioners with some examples.
Director Nielsen explained that for any change in the status of a house residents will be notified of the
change. Based on the information the City was provided some properties are going to be taken out of a
floodplain and some will be added in.
He then explained if a resident believes it has been incorrectly determined that their house is in a
floodplain a resident can go on to the City’s system and see the contours on their property. The resident
can then take that information to FEMA (Federal Emergency Management Agency) as their evidence that
their house in not in a floodplain. In the past when a resident appealed the floodplain determination they
needed to have surveys done to help with the appeal.
Nielsen noted that the only item on the October 18 meeting agenda would be the floodplain regulations.
Commissioner Riedel stated he was at a watershed district meeting when an engineering firm presented
the methodology that was used for the revised floodplain calculations. When a house is designated as
being in a floodplain they may be forced to pay for flood insurance when they do not need it. That
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October 4, 2016
Page 13 of 13
engineering firm admitted that in its calculations to determine what constitutes a floodplain they were
looking at aerial views and topography. They did not drive around to look at actual houses on properties.
8. REPORTS
• Liaison to Council
• SLUC
Chair Davis noted this month’s Sensible Land Use Coalition session will be about affordable housing.
• Other
9. ADJOURNMENT
Davis moved, Bean seconded, adjourning the Planning Commission Meeting of October 4, 2016, at
8:25 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
CURRENT CODE
CHAPTER 1101
FLOOD PLAIN MANAGEMENT REGULATIONS
Section
1101.01
Statutory authorization, findings of fact and purpose
1101.02
General provisions
1101.03
Establishment of flood plain districts
1101.04
FW, Floodway District
1101.05
FF, Flood Fringe District
1101.06
Reserved for future use
1101.07
Subdivisions
1101.08
Public utilities, railroads, roads and bridges
1101.09
Manufactured homes and placement of recreational vehicles
1101.10
Administration
1101.11
Nonconforming uses
1101.12
Penalties for violation
1101.13
Amendments
1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE.
Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in M.S. Chapters
103F and 462, delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of the City of Shorewood,
Minnesota does ordain as follows.
Subd. 2. Findings of fact.
a. Periodic inundation. The flood hazard areas of Shorewood, Minnesota, are subject to
periodic inundation which results in potential loss of life; loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
b. Methods used to analyze flood hazards. This chapter is based upon a reasonable method
of analyzing flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
1101 -1
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1101.01 Shorewood - Flood Plain and Wetland Developments 1101.02
National Flood Insurance Program compliance. This chapter is adopted to comply with
the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R.
Parts 59 -78, as amended, so as to maintain the community's eligibility in the National
Flood Insurance Program.
Subd. 3. Statement of purpose. It is the purpose of this chapter to promote the public health, safety,
and general welfare and to minimize those losses described in Subd. 2.a. of this section by
provisions contained herein.
(Ord. 405, passed 9 -13 -2004)
1101.02 GENERAL PROVISIONS.
Subd. 1. Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction
of the city shown on the Flood Insurance Rate Map as being located within the boundaries
of the Floodway and Flood Fringe Districts, as defined in § 1101.03 of this chapter.
Subd. 2. Establishment of Flood Insurance Rate Map. The Flood Insurance Rate Map, together with
all materials attached thereto, is hereby adopted by reference and declared to be a part of
this chapter. The attached material shall include the Flood Insurance Study, Volume 1 of
2 and Volume 2 of 2, Hennepin County, Minnesota, all jurisdictions and the Flood
Insurance Rate Map panels numbered 27053CO292 E, 2705300295 E, 27053CO308 E,
2705300309 E, 27053CO311 E, 27053CO312 E, 27053CO313 E, 2705300314 E,
2705300316 E, 27053CO317 E, 27053CO318 E, and 2705300319 E for the City of
Shorewood, dated September 2, 2004, as developed by the Federal Emergency
Management Agency. The Flood Insurance Rate Map shall be on file in the office of the
City Clerk.
Subd. 3. Regulatory flood protection elevation. The regulatory flood protection elevation shall be
an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the flood plain that result from
designation of a floodway.
Subd. 4. Interpretation.
a. In their interpretation and application, the provisions of this chapter shall be held to be
minimum requirements and shall be liberally construed in favor of the city and shall not
be deemed a limitation or repeal of any other powers granted by state statutes.
b. The flood plain within the city is hereby designated as either Floodway District or Flood
Fringe District, as defined in § 1101.03 Subd. 1. of this chapter. The boundaries of the
flood plain districts shall be determined by scaling distances on the Flood Insurance Rate
Map. Where interpretation is needed as to the exact location of the boundaries of the
district as shown on the Flood Insurance Rate Map, as for example where there appears to
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1101.02 Flood Plain Management Regulations 1101.02
be a conflict between a mapped boundary and actual field conditions and there is a formal
appeal of the decision of the Zoning Administrator, the City Council, serving as the Board
of Adjustment and Appeals, shall make the necessary interpretation. All decisions will be
based on elevations on the regional (100 -year) flood profile, the ground elevations that
existed on the site at the time the city adopted its initial flood plain ordinance, and other
available technical data. Persons contesting the location of the district boundaries shall be
given a reasonable opportunity to present their case to the Board of Adjustment and
Appeals and to submit technical evidence.
Subd. 5. Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this
chapter imposes greater restrictions, the provisions of this chapter shall prevail.
Subd. 6. Warning and disclaimer of liability. This chapter does not imply that areas outside the
flood plain districts or land uses permitted within such districts will be free from flooding
or flood damages. This chapter shall not create liability on the part of the city or any
officer or employee thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made hereunder.
Subd. 7. Severability. If any section, clause, provision, or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
chapter shall not be affected thereby.
Subd. 8. Definitions. For the purposes of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control
that may be allowed but only after an in -depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or building codes and
upon a finding that;
(1) Certain conditions as detailed in this chapter exist.
(2) The structure and /or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
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1101.02 Shorewood - Flood Plain and Wetland Developments 1101.02
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland
or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. For the
purposes of this chapter, FLOOD FRINGE shall be as defined in § 1101.03 Subd. l .b. of
this chapter.
FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge. For the purposes of this chapter, FLOODWAY shall be as
defined in § 1101.03 Subd. Lb. of this chapter.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood - resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's
LOWEST FLOOR.
MANUFACTURED HOME. A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term MANUFACTURED HOME
does not include the term "recreational vehicle."
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the direction
of the flow of water, either in itself or by catching or collecting debris carried by such
water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses
or structures.
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1101.02 Flood Plain Management Regulations 1101.02
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man -made obstruction. In an urban area, the segment of
a stream or river between two consecutive bridge crossings would most typically constitute
a REACH.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be
self - propelled or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use. For the purposes of this chapter, the term RECREATIONAL
VEHICLE shall be synonymous with the term travel trailer /travel vehicle.
REGIONAL FLOOD. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100 -year recurrence interval.
REGIONAL FLOOD is synonymous with the term "base flood" used in a flood insurance
study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one
foot above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the flood plain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground
or on -site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the exemption
criteria specified in § 1101.09 Subd. 2.a. of this chapter and other similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost
of restoring the structure to its before damaged condition would equal or exceed 50% of
the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or exceeds
50% of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include
either:
(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions.
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2006S-1
1101.02 Shorewood - Flood Plain and Wetland Developments 1101.03
(2) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure." For the purpose of this
chapter, "historic structure" shall be as defined in 44 C.F.R., Part 59.1.
VARIANCE. A modification of a specific permitted development standard required in this
chapter to allow an alternative development standard not stated as acceptable in this
chapter, but only as applied to a particular property for the purpose of alleviating a
hardship, practical difficulty or unique circumstance.
(Ord. 405, passed 9 -13 -2004)
1101.03 ESTABLISHMENT OF FLOOD PLAIN DISTRICTS.
Subd. 1. Districts.
a. Floodway District. The Floodway District shall include those areas designated as Zone
AE on the Flood Insurance Rate Map panels adopted in § 110 1. 02 Subd. 2. of this chapter
that are at or below elevation 929.4 feet above Mean Sea Level Datum, 1929 Adjustment,
which is the ordinary high water elevation of Lake Minnetonka, and those that are at or
below elevation 943.14 which is the ordinary high water elevation for Galpin Lake.
b. Flood Fringe District. The Flood Fringe District shall include those areas shown on the
Flood Insurance Rate Map panels adopted in § 1101.02 Subd. 2. of this chapter as being
within Zone AE and being located above elevation 929.4 feet above Mean Sea Level
Datum, 1929 Adjustment, which is the ordinary high water elevation of Lake Minnetonka,
and those that are above elevation 943.14 which is the ordinary high water elevation for
Galpin Lake.
c. A Zone District.
(1) The A Zone District shall include those areas designated as Zone A without a
floodway on the Flood Insurance Rate Map adopted in § 1101.02 Subd. 2. of this
chapter.
(2) Procedures for floodway and flood fringe determinations within the A Zone District.
(a) Upon receipt of an application for a permit, subdivision, or other approval within
the A Zone District, the applicant shall be required to furnish the following
information as is deemed necessary by the Zoning Administrator for the
determination of the regulatory flood protection elevation and whether the
proposed use is within the Floodway or Flood Fringe District.
i
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2006S-1
1101.03 Flood Plain Management Regulations 1101.03
(i) A typical valley cross - section(s) showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross - sectional areas to be
occupied by the proposed development, and high water information.
(ii) Plan (surface view) showing elevations or contours of the ground, pertinent
structure, fill, or storage elevations, the size, location, and spatial
arrangement of all proposed and existing structures on the site, and the
location and elevations of streets.
(iii) Photographs showing existing land uses, vegetation upstream and
downstream, and soil types.
(iv) Profile showing the slope of the bottom of the channel or flow line of the
stream for at least 500 feet in either direction from the proposed
development.
(b) The applicant shall be responsible to submit one copy of the above information to
a designated engineer or other expert person or agency for technical assistance in
determining whether the proposed use is in the Floodway or Flood Fringe District
and to determine the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations 1983, parts 6120.5000 - 6120.6200 and 44 C.F.R.
Part 65 shall be followed in this expert evaluation. The designated engineer or
expert is strongly encouraged to discuss the proposed technical evaluation
methodology with the respective Department of Natural Resources' Area
Hydrologist prior to commencing the analysis. The designated engineer or expert
shall:
(i) Estimate the peak discharge of the regional flood.
(ii) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
(iii) Compute the floodway necessary to convey or store the regional flood
without increasing flood stages more than 0.5 foot. A lesser stage increase
than 0.5 foot shall be required if, as a result of the additional stage increase,
increased flood damages would result. An equal degree of encroachment on
both sides of the stream within the reach shall be assumed in computing
floodway boundaries.
(c) The Zoning Administrator shall present the technical evaluation and findings of
the designated engineer or expert to the Governing Body. The Governing Body
must formally accept the technical evaluation and the recommended Floodway
and /or Flood Fringe District boundary or deny the permit application. The
Governing Body, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency, the
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1101.03 Shorewood - Flood Plain and Wetland Developments 1101.04
Department of Natural Resources or the Planning Commission for review and
comment. Once the Floodway and Flood Fringe District Boundaries have been
determined, the Governing Body shall refer the matter back to the Zoning
Administrator who shall process the permit application consistent with the
applicable provisions of this chapter.
d. District application. The Flood Plain Districts shall be applied to and superimposed upon
the zoning districts identified in Chapter 1201 of the Shorewood City Code (Zoning
Regulations). The regulations and requirements imposed by the Flood Plain Districts shall
be in addition to those established for zoning districts and shall apply jointly.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full compliance
with the terms of this chapter and other applicable regulations which apply to uses within
the jurisdiction of this chapter. Within the Floodway and Flood Fringe Districts, all uses
not listed as permitted uses or conditional uses in §§ 110 1. 04 and 1101.05 of this chapter,
respectively, shall be prohibited. In addition, a caution is provided here that:
a. New manufactured homes, replacement manufactured homes and certain travel trailers and
travel vehicles are subject to the general provisions of this chapter and specifically
§ 1101.09.
b. Modifications, additions, structural alterations, normal maintenance and repair, or repair
after damage to existing nonconforming structures and nonconforming uses of structures
or land are regulated by the general provisions of this chapter and specifically § 1101.11.
c. As -built elevations for elevated or flood proofed structures must be certified by ground
surveys and flood proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this chapter and
specifically as stated in § 1101.10.
(Ord. 405, passed 9 -13 -2004)
1101.04 FW, FLOODWAY DISTRICT.
The following permitted uses and conditional uses shall only be allowed to the extent that they are
also permissible under any watershed district, state, or federal laws or regulations applicable to the
floodway area as defined by § 1101.03 Subd. 1. of this chapter.
Subd. 1. Permitted uses.
a. Commercial loading areas and parking areas.
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1101.04 Flood Plain Management Regulations 1101.04
b, Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves,
fishing areas, and single or multiple purpose recreational trails.
c. Residential lawns, gardens, parking areas and play areas.
Subd. 2. Standards for floodway permitted uses.
a. The use shall have a low flood damage potential.
b. The use must be permissible in the underlying zoning district,
c. The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
Subd. 3. Conditional uses.
a. Structures accessory to the uses listed in Subd. 1., above and the uses listed in subsections
b. through h., below.
b. Extraction and storage of sand, gravel and other materials.
c. Marinas, boat rentals, docks, piers, wharves and water control structures.
d. Railroads, streets, bridges, utility transmission lines and pipelines.
e. Storage yards for equipment, machinery, or materials.
f. Placement of fill or construction of fences.
g. Recreational vehicles accessory to residential uses, subject to the exemptions and
provisions of § 1101.09 Subd. 2.a. of this chapter.
h. Structural works for flood control such as levees, dikes and floodwalls constructed to any
height where the intent is to protect individual structures and levees or dikes where the
intent is to protect agricultural crops for a frequency flood event equal to or less than the
10 -year frequency flood event.
Subd. 4. Standards for floodway conditional uses.
a. All uses. No structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment, or other uses may be allowed as
a conditional use that will cause any increase in the stage of the 100 -year or regional flood
or cause an increase in flood damages in the reach or reaches affected.
1101 -9
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1101.04 Shorewood - Flood Plain and Wetland Developments 1101.04
b. All floodway conditional uses shall be subject to the procedures and standards contained
in § 110 1. 10 Subd. 4. of this chapter.
c. The conditional use must be permissible in the underlying zoning district.
d. Fill,
(1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain
shall be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway
unless a long -term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(3) As an alternative, and consistent with subsection (2) immediately above, dredge spoil
disposal and sand and gravel operations may allow temporary, on -site storage of fill
or other materials which would have caused an increase to the stage of the 100 -year
or regional flood but only after the City Council has received an appropriate plan
which assures the removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be title registered with the
property in the Office of the County Recorder.
(4) Any filling within the flood fringe shall require the approval of the Minnehaha Creek
Watershed District.
e. Accessory structures.
(1) Accessory structures shall not be designed for human habitation.
(2) Accessory structures, if permitted, shall be constructed and placed on the building site
so as to offer the minimum obstruction to the flow of flood waters:
(a) Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow.
(b) So far as practicable, structures shall be placed approximately on the same flood
flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood- proofed in
accordance with the FP -1 or FP -2 flood - proofing classifications in the State Building
Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or
FP -4 flood proofing classification in the State Building Code provided the accessory
1101 -10
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1101.04 Flood Plain Management Regulations 1101.04
structure constitutes a minimal investment, does not exceed 500 square feet in size at
its largest projection, and for a detached garage, the detached garage must be used
solely for parking of vehicles and limited storage. All flood - proofed accessory
structures must meet the following additional standards:
(a) The structure must be adequately anchored to prevent flotation, collapse or lateral
movement of the structure and shall be designed to equalize hydrostatic flood
forces on exterior walls;
(b) Any mechanical and utility equipment in a structure must be elevated to or above
the regulatory flood protection elevation or properly flood- proofed; and
(c) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two "automatic" openings in the outside walls of the structure having a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding. There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one foot above the lowest
adjacent grade to the structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic openings.
f. Storage of materials and equipment.
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
g. Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters shall be subject to the provisions of M.S. Chapter
103G. Community -wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
h. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the
100 -year or regional flood and the technical analysis must assume equal conveyance or
storage loss on both sides of a stream.
(Ord. 405, passed 9 -13 -2004)
1101 -11
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1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05
1101.05 FF, FLOOD FRINGE DISTRICT.
Subd. 1. Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted
uses in the underlying zoning use district. All permitted uses shall comply with the
standards for Flood Fringe District "permitted uses" listed in Subd. 2., below and the
"standards for all flood fringe uses" listed in Subd. 5. , below.
Subd. 2. Standards for flood fringe permitted uses.
a. All structures, including accessory structures, must be elevated on fill so that the lowest
floor including basement floor is at or above the regulatory flood protection elevation. The
finished fill elevation for structures shall be no lower than one foot below the regulatory
flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond
the outside limits of the structure erected thereon.
b. As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet at its largest projection may be internally
flood - proofed in accordance with § 1101.04 Subd. 4.e.(3) of this chapter.
c. The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
d. The provisions of Subd. 5 of this section shall apply.
Subd. 3. Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance
with Subd. 2.a. and 2.b. of this section, or any use of land that does not comply with the
standards in Subd. 2.c. and 2.d. of this section, shall only be allowable as a conditional
use. The cumulative placement of fill where at any one time in excess of 100 cubic yards
of fill is located on the parcel shall be allowable only as a conditional use. An application
for a conditional use shall be subject to the standards and criteria and evaluation procedures
specified in Subd. 4. and Subd. 5. of this section and § 1101.10 Subd. 4. of this chapter.
Subd. 4. Standards for flood fringe conditional uses.
a. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These alternative
methods may include the use of stilts, pilings, parallel walls and the like, or above - grade,
enclosed areas such as crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above -grade and not a structure's basement or lowest
floor if: (1) the enclosed area is above -grade on at least one side of the structure; (2) it is
designed to internally flood and is constructed with flood resistant materials; and (3) it is
used solely for parking of vehicles, building access or storage. The above -noted alternative
elevation methods are subject to the following additional standards:
1101 -12
2006S-1
1101.05 Flood Plain Management Regulations 1101.05
(1) Design and certification. The structure's design and as -built condition must be
certified by a registered professional engineer or architect as being in compliance with
the general design standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood protection elevation or be
designed to prevent flood water from entering or accumulating within these
components during times of flooding.
(2) Specific standards for above - grade, enclosed areas. Above - grade, fully enclosed areas
such as crawl spaces or tuck under garages must be designed to internally flood and
the design plans must stipulate:
(a) A minimum area of openings in the walls where internal flooding is to be used as
a flood - proofing technique. There shall be a minimum of two openings on at least
two sides of the structure and the bottom of all openings shall be no higher than
one -foot above grade. The automatic openings shall have a minimum net area of
not less than one square inch for every square foot subject to flooding unless a
registered professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers, valves,
or other coverings or devices provided that they permit the automatic entry and
exit of flood waters without any form of human intervention; and
(b) That the enclosed area will be designed of flood resistant materials in accordance
with the FP -3 or FP -4 classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
b. Basements, as defined by § 1101.02 Subd. 8.b. of this chapter, shall be subject to the
following:
(1) Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
(2) Non - residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry flood - proofed in accordance with
Subd. 4.c., below.
c. All areas of non residential structures including basements to be placed below the
regulatory flood protection elevation shall be flood - proofed in accordance with the
structurally dry flood proofing classifications in the State Building Code. Structurally dry
flood - proofing must meet the FP -1 or FP -2 flood proofing classification in the State
Building Code and this shall require making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures flood - proofed to the FP -3 or FP -4 classification shall not be permitted.
1101 -13
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1101.05 Shorewood - Flood Plain and Wetland Developments 1101.05
d. When at any one time more than 100 cubic yards of fill or other similar material is located
on a parcel for such activities as on -site storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or construction of flood control works, an
erosion /sedimentation control plan must be submitted and approved by the City Engineer.
The plan must be prepared and certified by a registered professional engineer. The plan
may incorporate alternative procedures for removal of the material from the flood plain if
adequate flood warning time exists.
e. Storage of materials and equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
f. The provisions of Subd. 5. of this section shall also apply.
Subd. 5. Standards for all flood fringe uses.
a. All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation. If a variance to this
requirement is granted, the Board of Adjustment and Appeals must specify limitations on
the period of use or occupancy of the structure for times of flooding and only after
determining that adequate flood warning time and local flood emergency response
procedures exist.
b. Commercial uses - accessory land uses, such as yards, and parking lots may be at
elevations lower than the regulatory flood protection elevation. However, a permit for
such facilities to be used by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for evacuation if the area
would be inundated to a depth and velocity such that when multiplying the depth (in feet)
times velocity (in feet per second) the product number exceeds four upon occurrence of the
regional flood.
c. Fill shall be properly compacted and the slopes shall be properly protected by the use of
riprap, vegetative cover or other acceptable method. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100 -year flood
elevation - FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi - structure or multi -lot developments. These standards should
be investigated prior to the initiation of site preparation if a change of special flood hazard
area designation will be requested.
1101 -14
2006S-1
1101.05 Flood Plain Management Regulations 1101.08
d. Flood plain developments shall not adversely affect the hydraulic capacity of the channel
and adjoining flood plain of any tributary watercourse or drainage system where a
floodway or other encroachment limit has not been specified on the Flood Insurance Rate
Map.
e. Standards for recreational vehicles are contained in § 1101.09 Subd. 2. of this chapter.
f. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over - the -top or frame ties to ground anchors.
This requirement is in addition to applicable state or local anchoring requirements for
resisting wind forces.
(Ord. 405, passed 9 -13 -2004)
1101.06 RESERVED FOR FUTURE USE.
1101.07 SUBDIVISIONS.
Subd. 1. Review criteria. No land shall be subdivided which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within
the flood plain districts shall be able to contain a building site outside of the Floodway
District at or above the regulatory flood protection elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this chapter and
have road access both to the subdivision and to the individual building sites no lower than
two feet below the regulatory flood protection elevation. For all subdivisions in the flood
plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly labeled on all
required subdivision drawings and platting documents.
Subd. 2. Removal of special flood hazard area designation. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100 -year flood
elevation. FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi - structure or multi -lot developments. These standards should
be investigated prior to the initiation of site preparation if a change of special flood hazard
area designation will be requested.
(Ord. 405, passed 9 -13 -2004)
1101.08 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
Subd. 1. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the flood plain shall be flood proofed in accordance with
the State Building Code or elevated to above the regulatory flood protection elevation.
1101 -15
2006S-1
1101.08 Shorewood - Flood Plain and Wetland Developments 1101.09
Subd. 2. Public transportation facilities. Railroad tracks, roads and bridges to be located within the
flood plain shall comply with §§ 1101.04 and 1101.05 of this chapter. Elevation to the
regulatory flood protection elevation shall be provided where failure or interruption of
these transportation facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads
or railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
Subd. 3. On -site sewage treatment and water supply systems. Where public utilities are not
provided: (1) on -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and (2) new or replacement on -site sewage
treatment systems shall not be allowed, except where municipal sewer can not be extended
to the property. Where allowed, on -site sanitary sewer systems must be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters and they shall not be subject to impairment or contamination
during times of flooding. Any sewage treatment system designed in accordance with the
state's current statewide standards for on -site sewage treatment systems shall be determined
to be in compliance with this section.
(Ord. 405, passed 9 -13 -2004)
1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL VEHICLES.
Subd. 1. Manufactured homes.
a. The placement of new or replacement manufactured homes on individual lots of record that
are located in flood plain districts will be treated as a new structure and may be placed only
if elevated in compliance with § 1101.05 of this chapter. If vehicular road access for
pre- existing manufactured homes is not provided in accordance with § 1101.05 Subd. 5. a.,
then replacement manufactured homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to the City Council.
b. All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not to be limited to, use of over - the -top or frame ties to ground anchors.
This requirement is in addition to applicable state or local anchoring requirements for
resisting wind forces.
Subd. 2. Recreational vehicles. Recreational vehicles that do not meet the exemption criteria
specified in Subd. 2.a. below shall be subject to the provisions of this chapter and as
specifically spelled out in Subd. 2.c. and 2.d. below.
a. Exemption. Recreational vehicles are exempt from the provisions of this chapter if they
are placed in any of the areas listed in Subd. 2.b. below and further they meet the following
criteria:
1101 -16
2006S-1
1101.09 Flood Plain Management Regulations 1101.09
(1) Have current licenses required for highway use;
(2) Are highway ready, meaning on wheels or on an internal jacking system, are attached
to the site only by quick disconnect type utilities commonly used in campgrounds and
recreational vehicle parks and the recreational vehicle has no permanent structural type
additions attached to it; and
(3) The recreational vehicle and associated use must be permissible in any pre- existing,
underlying zoning use district.
b. Areas exempted for placement of recreational vehicles.
(1) Individual lots or parcels of record.
(2) Existing condominium type associations.
c. New residential type subdivisions and condominium associations and the expansion of any
existing similar use exceeding five units or dwelling sites shall be subject to the following:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood
Fringe Districts provided the recreational vehicle and its contents are placed on fill
above the regulatory flood protection elevation and proper elevated road access to the
site exists in accordance with § 1101.05 Subd. 5.a. of this chapter. No fill placed in
the floodway to meet the requirements of this section shall increase flood stages of the
100 -year or regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of subsection a.
above may, as an alternative, be allowed as a conditional use if in accordance with the
following provisions and the provisions of § 1101.10 Subd. 4. of this chapter. The
applicant must submit an emergency plan for the safe evacuation of all vehicles and
people during the 100 year flood. The plan shall be prepared by a registered engineer
or other qualified individual, shall demonstrate that adequate time and personnel exist
to carry out the evacuation, and shall demonstrate the provisions of Subd. 2.a.(1) and
(2), above will be met. All attendant sewage and water facilities for new or
replacement recreational vehicles must be protected or constructed so as to not be
impaired or contaminated during times of flooding in accordance with § 1101.08 Subd.
3. of this chapter.
d. There shall be no development or improvement on the parcel or attachment to the
recreational vehicle that hinders the removal of the recreational vehicle to a flood -free
location should flooding occur.
(Ord. 405, passed 9 -13 -2004)
1101 -17
2006S-1
1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10
1101.10 ADMINISTRATION.
Subd. 1. Zoning Administrator. A Zoning Administrator or other official designated by the City
Council shall administer and enforce this chapter. If the Zoning Administrator finds a
violation of the provisions of this chapter, the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated in § 1101.12 of this
chapter.
Subd. 2. Permit requirements.
a. Permit required. A permit issued by the Zoning Administrator in conformity with the
provisions of this chapter shall be secured prior to the erection, addition, modification,
rehabilitation (including normal maintenance and repair), or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a building, structure, or
land; prior to the construction of a dam, fence, or on -site septic system; prior to the change
or extension of a nonconforming use; prior to the repair of a structure that has been
damaged by flood, fire, tornado, or any other source; and prior to the placement of fill,
excavation of materials, or the storage of materials or equipment within the flood plain.
b. Application for permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the Zoning Administrator and shall include the
following where applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed structures, fill, or
storage of materials; and the location of the foregoing in relation to the stream channel.
c. State and federal permits. Prior to granting a permit or processing an application for a
conditional use permit or variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary state and federal permits.
d. Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be
unlawful to use, occupy, or permit the use or occupancy of any building or premises or
part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use
or structure until a certificate of zoning compliance shall have been issued by the Zoning
Administrator stating that the use of the building or land conforms to the requirements of
this chapter.
e. Construction and use to be as provided on applications, plans, permits, variances and
certificates of zoning compliance. Permits, conditional use permits, or certificates of
zoning compliance issued on the basis of approved plans and applications authorize only
the use, arrangement, and construction set forth in such approved plans and applications,
and no other use, arrangement, or construction. Any use, arrangement, or construction
at variance with that authorized shall be deemed a violation of this chapter, and punishable
as provided by § 1101.12 of this chapter.
1101 -18
Kul Ore'i.'1Sil
1101.10 Flood Plain Management Regulations 1101.10
f. Certification. The applicant shall be required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions of this
chapter. Flood proofing measures shall be certified by a registered professional engineer
or registered architect.
g. Record of first floor elevation. The Zoning Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all new structures and alterations or
additions to existing structures in the flood plain. The Zoning Administrator shall also
maintain a record of the elevation to which structures or alterations and additions to
structures are flood proofed.
h. Notifications for watercourse alterations. The Zoning Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of
Natural Resources prior to the community authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public waters
pursuant to M.S. Chapter 103G, this shall suffice as adequate notice to the Commissioner
of Natural Resources. A copy of the notification shall also be submitted to the Chicago
Regional Office of the Federal Emergency Management Agency (FEMA).
i. Notification to FEMA when physical changes increase or decrease the 100 year flood
elevation. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator shall notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or
scientific data.
Subd. 3. Board of Adjustment and Appeals.
a. Rules. The City Council, serving as the Board of Adjustment and Appeals, shall adopt
rules for the conduct of business and may exercise all of the powers conferred on such
Boards by state law.
b. Administrative review. The Board of Adjustment and Appeals shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement or administration of this chapter.
c. Variances. The Board of Adjustment and Appeals may authorize upon appeal in specific
cases such relief or variance from the terms of this chapter as will not be contrary to the
public interest and only for those circumstances such as hardship, practical difficulties or
circumstances unique to the property under consideration, as provided for in the respective
enabling legislation for planning and zoning for cities or counties as appropriate. In the
granting of such variance, the Board of Adjustment and Appeals shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in this
1101 -19
2006S-1
1101.10 Shorewood - )Flood Plain and Wetland Developments 1101.10
i
chapter, any other zoning regulations in the city, and in the respective enabling legislation
that justified the granting of the variance. No variance shall have the effect of allowing in
any district uses prohibited in that district, permit a lower degree of flood protection than
the regulatory flood protection elevation for the particular area, or permit standards lower
than those required by state law. Applicants for variances are hereby notified that the grant
of a variance will result in substantially higher premium rates for flood insurance coverage.
The following additional variance criteria of the Federal Emergency Management Agency
must be satisfied:
(1) Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued upon: (a) a showing of good and sufficient cause; (b)
a determination that failure to grant the variance would result in exceptional hardship
to the applicant; and (c) a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
d. Hearings. Upon filing with the Board of Adjustment and Appeals of an appeal from a
decision of the Zoning Administrator, or an application for a variance, the Board of
Adjustment and Appeals shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board of Adjustment shall submit by mail to
the Commissioner of Natural Resources a copy of the application for proposed variances
sufficiently in advance so that the Commissioner will receive at least ten days notice of the
hearing.
e. Decisions. The Board of Adjustment and Appeals shall arrive at a decision on such appeal
or variance within the statutory time provided by M.S. § 15.99 Subd. 3.(e). In passing
upon an appeal, the Board of Adjustment may, so long as such action is in conformity with
the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning Administrator or other public official.
It shall make its decision in writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance the Board of Adjustment may prescribe appropriate
conditions and safeguards such as those specified in Subd. 4.c. of this section, which are
in conformity with the purposes of this chapter. Violations of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of this chapter punishable under § 1101.12. A copy of all decisions
granting variances shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of such action.
1101 -20
2006S-1
1101.10 Flood Plain Management Regulations 1101.10
f. Appeals. Appeals from any decision of the Board of Adjustment and Appeals may be
made, and as specified in the Shorewood Zoning Code and also by Minnesota Statutes.
g. Record keeping. The city shall maintain a record of all variance actions, including
justification for their issuance.
Subd. 4. Conditional uses. The City Council shall hear and decide applications for conditional uses
permissible under this chapter. Applications shall be submitted to the Zoning
Administrator who shall then forward the application to the Planning Commission for
consideration.
a. Procedure. Conditional use permits shall be subject to the procedural requirements set
forth in § 1201.04. In addition, the following procedures shall be established:
(1) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the city staff for determining the suitability of the
particular site for the proposed use:
(a) Five copies of plans drawn to scale showing the nature, location, dimensions, and
elevation of the lot, existing or proposed structures, fill, storage of materials,
flood- proofing measures, and the relationship of the above to the location of the
stream channel; and
(b) Specifications for building construction and materials, flood - proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply and
sanitary facilities.
(2) Transmit one copy of the information described in subsection (1)(a) above to a
designated engineer or other expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation to flood heights and velocities,
the seriousness of flood damage to the use, the adequacy of the plans for protection,
and other technical matters.
(3) Mail one copy of the application to the Commissioner of Natural Resources
sufficiently in advance so that the Commissioner will receive at least ten days notice
of the hearing.
(4) Based upon the technical evaluation of the designated engineer or expert, the City
Council shall determine the specific flood hazard at the site and evaluate the suitability
of the proposed use in relation to the flood hazard.
b. Factors upon which the decision of the City Council shall be based. In passing upon
conditional use applications, the City Council shall consider all relevant factors specified
in other sections of this chapter, and:
1101 -21
2006S-1
1101.10 Shorewood - Flood Plain and Wetland Developments 1101.10
(1) The danger to life and property due to increased flood heights or velocities caused by
t
encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury
of others or they may block bridges, culverts or other hydraulic structures;
(3) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(9) The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
(12) Such other factors which are relevant to the purposes of this chapter.
c. Conditions attached to conditional use permits. Upon consideration of the factors listed
above and the purpose of this chapter, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this
chapter. Such conditions may include, but are not limited to, the following:
(1) Modification of waste treatment and water supply facilities;
(2) Limitations on period of use, occupancy and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
l
1101 -22
2006S-1
1101.10 Flood Plain Management Regulations 1101.11
(4) Requirements for construction of channel modifications, compensatory storage, dikes,
levees and other protective measures; and
(5) Flood proofing measures, in accordance with the State Building Code and this chapter.
The applicant shall submit a plan or document certified by a registered professional
engineer or architect that the flood - proofing measures are consistent with the
regulatory flood protection elevation and associated flood factors for the particular
area.
d. A copy of all decisions granting conditional use permits shall be forwarded by mail to the
Commissioner of Natural Resources within ten days of such action.
(Ord. 405, passed 9 -13 -2004)
1101.11 NONCONFORMING USES.
Subd. 1. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this chapter but which is not in conformity with the provisions of this
chapter may be continued subject to the following conditions. Historic structures, as
defined in the 44 C.F.R. Part 59. 1, shall be subject to the following provisions:
a. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
b. Any structural alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or use shall
be protected to the Regulatory Flood Protection Elevation in accordance with any of the
elevation on fill or flood - proofing techniques (such as FP -1 thru FP -4 flood proofing
classifications) allowable in the State Building Code, except as further restricted in Subd.
l.c. and f. below.
c. The cost of any structural alterations or additions to any nonconforming structure over the
life of the structure shall not exceed 50% of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the community's initial flood plain controls must be
calculated into today's current cost which will include all costs such as construction
materials and a reasonable cost placed on all manpower or labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 % of the current market value
of the structure, then the structure must meet the standards of §§ 110 1. 04 and 1101.05 of
this chapter for new structures, depending upon whether the structure is in the Floodway
or Flood Fringe District, respectively.
1101 -23
2006S-1
1101.11 Shorewood - Flood Plain and Wetland Developments 1101.12
d. If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this chapter.
e. If any nonconforming use or structure is substantially damaged, as defined in § 1101.02
Subd. 8. of this chapter, it shall not be reconstructed except in conformity with the
provisions of this chapter. The applicable provisions for establishing new uses or new
structures in §§ 1101.04 and 1101.05 will apply, depending upon whether the use or
structure is in the Floodway or Flood Fringe District, respectively.
f. If a substantial improvement occurs, as defined in § 110 1. 02 Subd. 8. of this chapter, from
any combination of a building addition to the outside dimensions of the existing building
or a rehabilitation, reconstruction, alteration, or other improvement to the inside
dimensions of an existing nonconforming building, then the building addition (as required
by Subd. I. b. , above) and the existing nonconforming building must meet the requirements
of §§ 1101.04 and 1101.05 of this chapter for new structures, depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
(Ord. 405, passed 9 -13 -2004)
1101.12 PENALTIES FOR VIOLATION.
Subd. 1. Violation of the provisions of this chapter or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of
variances or conditional uses) shall constitute a misdemeanor and shall be punishable as
defined by law.
Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited
to:
a. In responding to a suspected ordinance violation, the city may utilize the full array of
enforcement actions available to it including but not limited to prosecution and fines,
injunctions, after - the -fact permits, orders for corrective measures or a request to the
National Flood Insurance Program for denial of flood insurance availability to the guilty
party. The city must act in good faith to enforce these official controls and to correct
ordinance violations to the extent possible so as not to jeopardize its eligibility in the
National Flood Insurance Program.
b. When an ordinance violation is either discovered by or brought to the attention of the
Zoning Administrator, the Zoning Administrator shall immediately investigate the situation
and document the nature and extent of the violation of this chapter. As soon as is
reasonably possible, this information will be submitted to the appropriate Department of
1101 -24
2006S-1
1101.12 Flood Plain Management Regulations 1101.13
Natural Resources and Federal Emergency Management Agency Regional Office along
with the city's plan of action to correct the violation to the degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this
chapter and all other official controls and the nature and extent of the suspected violation
of these controls. If the structure and /or use is under construction or development, the
Zoning Administrator may order the construction or development immediately halted until
a proper permit or approval is granted by the community. If the construction or
development is already completed, then the Zoning Administrator may either: (1) issue an
order identifying the corrective actions that must be made within a specified time period
to bring the use or structure into compliance with the official controls; or (2) notify the
responsible party to apply for an after - the -fact permit /development approval within a
specified period of time not to exceed 30 days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within
the specified period of time, each additional day that lapses shall constitute an additional
violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator
shall also, upon the lapse of the specified response period, notify the landowner to restore
the land to the condition which existed prior to the violation of this chapter.
(Ord. 405, passed 9 -13 -2004)
1101.13 AMENDMENTS.
Subd. 1. The flood plain designation on the Flood Insurance Rate Map shall not be removed from
flood plain areas unless it can be shown that the designation is in error or that the area has
been filled to or above the elevation of the regulatory flood protection elevation and is
contiguous to lands outside the flood plain. Special exceptions to this rule may be
permitted by the Commissioner of Natural Resources if he or she determines that, through
other measures, lands are adequately protected for the intended use.
Subd. 2. All amendments to this chapter, including amendments to the Flood Insurance Rate Map,
must be submitted to and approved by the Commissioner of Natural Resources prior to
adoption. Changes in the Official Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior
FEMA approval before adoption. The Commissioner of Natural Resources must be given
ten days written notice of all hearings to consider an amendment to this chapter and the
notice shall include a draft of the ordinance amendment or technical study under
consideration.
(Ord. 405, passed 9 -13 -2004)
1101 -25
2006S-1
- D- R- A -F -T-
RECOMMENDED CODE
CHAPTER 1101
FLOODPLAIN MANAGEMENT REGULATION
(From MNDNR Model Code)
Contents
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACTAND PURPOSE ...................... ..............................2
SECTION 2.0
GENERAL PROVISIONS ......................................................................................... ...............................
2
SECTION 3.0
ESTABLISHMENT OF ZONING DISTRICTS .............................................................. ...............................
6
SECTION 4.0
FLOODWAY DISTRICT (FW) .................................................................................. ...............................
6
SECTION 5.0
FLOOD FRINGE DISTRICT ( FF) ............................................................................... ...............................
8
SECTION 6.0
GENERAL FLOODPLAIN DISTRICT (GF) ............................................................... ...............................
10
SECTION 7.0
LAND DEVELOPMENT STANDARDS ...................................................................... .............................10
SECTION 8.0
PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES ...................................... ...............................
12
SECTION 9.0
MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES.........
13
SECTION 10.0
ADMINISTRATION ............................................................................................... .............................14
SECTION 11.0
NONCONFORMITIES ........................................................................................... .............................16
SECTION 12.0
PENALTIES AND ENFORCEMENT ......................................................................... .............................17
SECTION13.0
AMENDMENTS .................................................................................................... .............................18
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood
losses. Therefore, the City Council of Shorewood, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of the City of Shorewood. These flood
hazard areas are subject to periodic inundation, which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote
the public health, safety, and general welfare by minimizing these losses and disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and
regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -
78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil
erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits
and enhance community and economic development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Shorewood and
includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in
Sections 4 or 5 will apply, depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are
considered to fall within the General Floodplain district. Within the General Floodplain district, the
Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to
the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District
standards in Section 5 may apply outside the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of Shorewood shown
on the Official Zoning Map and /or the attachments to the map as being located within the boundaries of the
Floodway, Flood Fringe, or General Floodplain Districts.
2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on
all existing zoning districts. The standards imposed in the overlay districts are in addition to any other
requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.
2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted
by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material
includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4,
2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the
Federal Emergency Management Agency. These materials are on file in the Shorewood City Offices.
Effective Flood Insurance Rate Map panels:
27053CO292F
27053CO295F
27053CO308F
27053CO309F
27053CO311F
27053CO312F
27053CO313F
27053CO314F
27053CO316F
27053CO317F
27053CO318F
27053CO319F
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower
than one foot above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance
Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field
conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the
boundary location based on the ground elevations that existed on the site on the date of the first National
Flood Insurance Program map showing the area within the regulatory floodplain, and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present
their case to the City Council, serving as the Board of Adjustments and Appeals and to submit technical
evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any
existing easements, covenants, or other private agreements. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or
land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not
create liability on the part of the City of Shorewood or its officers or employees for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made hereunder.
2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid
by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted
according to common usage and so as to give this ordinance its most reasonable application.
2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental
and subordinate to, the principal use or structure.
2.912 Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the
flood insurance survey.
2.913 Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground
level) on all four sides, regardless of the depth of excavation below ground level.
2.914 Conditional Use — a specific type of structure or land use listed in the official control that may be allowed
but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in
the official zoning controls or building codes and upon a finding that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and /or land use conform to the comprehensive land use plan if one exists and are
compatible with the existing neighborhood.
2.915 Critical Facilities — facilities necessary to a community's public health and safety, those that store or
produce highly volatile, toxic or water - reactive materials, and those that house occupants that may be
insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals,
correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater
treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and
storage facilities.
2.916 Development — any manmade change to improved or unimproved real estate, including buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials.
2.917 Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that
floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
2.918 Farm Fence —A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of
posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to
obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this
ordinance.
2.919 Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
2.920 Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be
equaled or exceeded.
2.921 Flood Fringe —the portion of the Special Flood Hazard Area (one percent annual chance flood) located
outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood
Insurance Study for Hennepin County, Minnesota.
2.922 Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood ").
2.923 Floodplain —the beds proper and the areas adjoining a wetland, lake or watercourse which have been or
hereafter may be covered by the regional flood.
2.924 Floodproofing — a combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
2.925 Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
2.926 Lowest Floor —the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a
basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as
to render the structure in violation of the applicable non - elevation design requirements of 44 Code of
Federal Regulations, Part 60.3.
2.927 Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. The term "manufactured home" does not include the term "recreational vehicle."
2.928 New Construction - Structures, including additions and improvements, and placement of manufactured
homes, for which the start of construction commenced on or after the effective date of this ordinance.
2.929 Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting debris carried by such
water.
2.930 One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition).
2.931 Principal Use or Structure — all uses or structures that are not accessory uses or structures.
2.932 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by
a natural or man -made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
2.933 Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at
the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty
truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational
vehicle is synonymous with the term "travel trailer /travel vehicle."
2.934 Regional Flood — a flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the 1% chance or 100 -year recurrence interval. Regional flood is synonymous with the term
"base flood" used in a flood insurance study.
2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of
the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that
result from designation of a floodway.
2.936 Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten
year period for which the cost of repairs at the time of each such flood event on the average equals or
exceeds 25% of the market value of the structure before the damage occurred.
2.937 Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year
Floodplain."
2.938 Start of Construction — includes substantial improvement, and means the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the
permit's expiration date. The actual start is either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a
basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
2.939 Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities,
including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes,
recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and
other similar items.
2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
2.941 Substantial Improvement - within any consecutive 365 -day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
(b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's
continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is
as defined in 44 Code of Federal Regulations, Part 59.1.
2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include
floodplain areas that lie outside of the corporate boundaries of the City of Shorewood at the time of adoption of
this ordinance. If any of these floodplain land areas are annexed into the City of Shorewood after the date of
adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of annexation.
2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above will include
floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance.
If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of
Shorewood after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the
provisions of this ordinance immediately upon the date of detachment.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas within Zones AE that have a floodway
delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3, as well as portions of other
lakes, wetlands, and basins within Zones AE (that do not have a floodway delineated) that are located at or
below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway
delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the
floodway. For other lakes, wetlands and other basins within Zones AE that do not have a floodway
delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100 -year) flood
elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005,
subdivision 14.
3.13 General Floodplain District. The General Floodplain District includes those areas within Zone A as shown
on the Flood Insurance Rate Map adopted in Section 2.3.
3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of
development must comply with the terms of this ordinance and other applicable regulations. In no cases shall
floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways
of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not
listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities,
as defined in Section 2.915, are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if
otherwise allowed in the underlying zoning district or any applicable overlay district:
4.11
4.12
4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature
preserves, fishing areas, and single or multiple purpose recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural
Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 The use must not obstruct flood flows or cause any increase in flood elevations and must not involve
structures, obstructions, or storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed with a flood warning
system that provides adequate time for evacuation if the area is inundated to a depth and velocity such
that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon
occurrence of the regional (1% chance) flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures
set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise
allowed in the underlying zoning district or any applicable overlay district.
4.31 Structures accessory to the uses listed in 4.11 -4.13 above and the uses listed in 4.32 -4.33 below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Storage yards for equipment, machinery, or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section
2.918, are permitted uses.
4.36 Travel -ready recreational vehicles meeting the exception standards in Section 9.3.
4.37
4.38 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or
cause an increase in flood damages in the reach or reaches affected.
4.42 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected
from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and
gravel operations and similar uses must be covered by a long -term site development plan.
(c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage
of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan
that assures removal of the materials from the floodway based upon the flood warning time available.
4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that:
(a) structures are not intended for human habitation;
(b) structures will have a low flood damage potential;
(c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters;
(d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to
or above the regulatory flood protection elevation or properly floodproofed;
(e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2
floodproofing classifications in the State Building Code. All floodproofed structures must be adequately
anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood
forces on exterior walls.
(f) As an alternative, an accessory structure may be internally /wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code, provided the accessory structure constitutes a
minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or exceed the following criteria:
(1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic"
openings in the outside walls of the structure, with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding; and
(2) There must be openings on at least two sides of the structure and the bottom of all openings must
be no higher than one foot above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not satisfy this requirement for automatic
openings.
4.44 Structural works for flood control that will change the course, current or cross section of protected
wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245.
4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or
regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a
stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s)
that comply with the standards in Sections 5.2. If no pre- existing, underlying zoning districts exist, then any
residential or nonresidential structure or use of a structure or land is a permitted use provided it does not
constitute a public nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is
at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no
lower than one foot below the regulatory flood protection elevation and the fill must extend at the same
elevation at least 15 feet beyond the outside limits of the structure.
5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the
uses identified in Section 5.1 may be permitted to be internally /wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code, provided that:
(a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and
is only used for parking and storage.
(b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must
be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize
hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage,
and (iii) must have all service utilities be water -tight or elevated to above the regulatory flood
protection elevation
(c) Designs for meeting this requirement must either be certified by a registered professional engineer or
meet or exceed the following criteria:
(1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic"
openings in the outside walls of the structure, with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding; and
(2) There must be openings on at least two sides of the structure and the bottom of all openings must
be no higher than one foot above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not satisfy this requirement for automatic
openings.
5.23 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless
the fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance, or if
allowed as a conditional use under Section 5.33 below.
5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection
elevation.
5.25 All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of
floodwaters.
5.26 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap,
vegetative cover or other acceptable method.
5.28 All new principal structures must have vehicular access at or above an elevation not more than two feet
below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan
acceptable to the City Council.
5.29 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the
regulatory flood protection elevation. However, any facilities used by employees or the general public must
be designed with a flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per
second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
5.30
5.31 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance.
5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the
underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this
ordinance.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this
ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a
structure in accordance with Section 5.21 of this ordinance.
5.34 The use of methods to elevate structures above the regulatory flood protection elevation, including stilts,
pilings, parallel walls, or above - grade, enclosed areas such as crawl spaces or tuck under garages, shall
meet the standards in Section 5.46.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following:
(a) Residential basement construction is not allowed below the regulatory flood protection elevation.
(b) Non - residential basements may be allowed below the regulatory flood protection elevation provided
the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance.
5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood
protection elevation must be floodproofed in accordance with the structurally dry floodproofing
classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2
floodproofing classification in the State Building Code, which requires making the structure watertight with
the walls substantially impermeable to the passage of water and with structural components capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
5.44 The placement of more than 11000 cubic yards of fill or other similar material on a parcel (other than for
the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an
approved erosion /sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a
minimum of the regional (1% chance) flood event.
(b) The plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the City Council.
(c) The plan may incorporate alternative procedures for removal of the material from the floodplain if
adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an
approved emergency plan providing for removal of such materials within the time available after a flood
warning.
5.46 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor
above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered
above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at
least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant
materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted
alternative elevation methods are subject to the following additional standards:
(a) Design and Certification - The structure's design and as -built condition must be certified by a registered
professional engineer as being in compliance with the general design standards of the State Building
Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the regulatory flood protection elevation or be designed
to prevent flood water from entering or accumulating within these components during times of
flooding.
(b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl
spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing
technique. There shall be a minimum of two openings on at least two sides of the structure and the
bottom of all openings shall be no higher than one foot above grade. The automatic openings shall
have a minimum net area of not less than one square inch for every square foot of enclosed area
subject to flooding unless a registered professional engineer or architect certifies that a smaller net
area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of flood waters without
any form of human intervention; and
(2) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or
FP4 classifications in the State Building Code and shall be used solely for building access, parking of
vehicles or storage.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses.
6.12 All other uses are subject to the floodway /flood fringe evaluation criteria specified in Section 6.2 below.
Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if
the proposed use is determined to be in the Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the
Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway
data available from a federal, state, or other source.
6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish
additional information, as needed, to determine the regulatory flood protection elevation and whether the
proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with
accepted hydrological and hydraulic engineering standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following components, as applicable:
(a) Estimate the peak discharge of the regional (1% chance) flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream
channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages
more than one -half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage
increase, increased flood damages would result. An equal degree of encroachment on both sides of the
stream within the reach must be assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and
the recommended Floodway and /or Flood Fringe District boundary. The assessment must include the
cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical
assistance from a designated engineer or other expert person or agency, including the Department of
Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the
application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator
must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this
ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the
requirements of this section apply to all land within the City of Shorewood.
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage,
water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or
campgrounds are considered subdivisions under this ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway
District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower
than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for
the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by
the City Council. The plan must be prepared by a registered engineer or other qualified individual, and
must demonstrate that adequate time and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory
flood protection elevation and the required elevation of all access roads must be clearly labeled on all
required subdivision drawings and platting documents.
7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this
ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries
and the regulatory flood protection elevation for the subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal
must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage within the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage, and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial
improvements (including the placement of manufactured homes) must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and /or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be
located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the
regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must
comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the
regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety.
8.3 On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water
supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are
subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on -site
sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters, they must not be subject to impairment or contamination
during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are
prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following
requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to
the requirements of Section 5 of this ordinance and the following standards.
(a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this
ordinance and must be securely anchored to an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use
of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or
local anchoring requirements for resisting wind forces.
(b) New or replacement manufactured homes in existing manufactured home parks must meet the
vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational
vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in
existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be
treated as new structures meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the
following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium -type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the
site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle
parks.
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre- existing, underlying zoning district.
(e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the
Flood Fringe District must be constructed of flood- resistant materials and be securely anchored,
meeting the requirements applicable to manufactured homes in Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when development occurs on
the site that exceeds a minimal investment for an accessory structure such as a garage or storage building.
The recreational vehicle and all accessory structures will then be treated as new structures subject to the
elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the
removal of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and
enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the
following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion
thereof. Normal maintenance and repair also requires a permit if such work, separately or in
conjunction with other planned work, constitutes a substantial improvement as defined in this
ordinance.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm
fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(f) The placement of fill, excavation of materials, or the storage of materials or equipment within the
floodplain.
(g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a
public waters work permit has been applied for.
(h) Any other type of "development" as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms
provided by the Zoning Administrator. The permit application must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant
natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate
the permit application.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure
may be occupied or used in any manner until a certificate of zoning compliance has been issued by the
Zoning Administrator stating that the use of the building or land conforms to the requirements of this
ordinance.
10.24 Certification. The applicant is required to submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be
certified by a registered professional engineer or registered architect.
10.25 Record of First Floor Elevation, The Zoning Administrator must maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations or additions to existing structures in
the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures
and alterations or additions to structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or
stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a
permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as
adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the
Federal Emergency Management Agency (FEMA).
10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is
practicable, but not later than six months after the date such supporting information becomes available,
the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a
copy of the relevant technical or scientific data.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed
and reviewed in accordance with applicable state statutes and Section 1201.05 of the Zoning Code.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not
allowed in that district, permit a lower degree of flood protection than the regulatory flood protection
elevation for the particular area, or permit standards lower than those required by state law.
10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency
Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the applicant,
and (iii) a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The
issuance of a variance to construct a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such
construction below the base or regional flood level increases risks to life and property. Such notification
must be maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following factors in granting variances and
imposing conditions on variances and conditional uses in floodplains:
(a) The potential danger to life and property due to increased flood heights or velocities caused by
encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize
the potential for disease, contamination and unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage
on the individual owner;
(e) The importance of the services to be provided by the proposed use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(h) The compatibility of the proposed use with existing development and development anticipated in the
foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management
program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters
expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator
must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least
ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective
DNR area hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to
the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
10.38 Record - Keeping. The Zoning Administrator must maintain a record of all variance actions, including
justification for their issuance, and must report such variances in an annual or biennial report to the
Administrator of the National Flood Insurance Program, when requested by the Federal Emergency
Management Agency.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance
will be processed and reviewed in accordance with Section 1204 of the Zoning Code.
10.42 Factors Used in Decision - Making. In passing upon conditional use applications, the City Council must
consider all relevant factors specified in other sections of this ordinance, and those factors identified in
Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such
conditions may include, but are not limited to, the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and
other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant
must submit a plan or document certified by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator
must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at
least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be
forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail
to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or
amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be
continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance,
are subject to the provisions of Sections 11.11 -11.16 of this ordinance.
11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a
way that increases its flood damage potential or degree of obstruction to flood flows except as provided in
11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result
in increasing its flood damage potential must be protected to the regulatory flood protection elevation in
accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of
any nonconforming structure, that shall be considered substantial improvement, and the entire structure
must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures, depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural
alterations and additions must include all costs such as construction materials and a reasonable cost placed
on all manpower or labor.
11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one
year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that have been discontinued for a period of more
than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be
reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for
establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use
or structure is in the Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this
ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure
requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of
this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood
Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of
its requirements (including violations of conditions and safeguards established in connection with grants of
variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Shorewood from taking such other lawful
action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond
to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an
additional violation of this ordinance and will be prosecuted accordingly.
12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with
the provisions of Section 120.08 of the Zoning Code. In responding to a suspected ordinance violation, the Zoning
Administrator and City Council may utilize the full array of enforcement actions available to it including but not
limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to
the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of
Shorewood must act in good faith to enforce these official controls and to correct ordinance violations to the
extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not
be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been
filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the
floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural
Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected
for the intended use.
13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by
the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must
approve the amendment prior to community approval.
13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to
incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in
Section 2.3 of this ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as
required by law and /or charter.
Adopted by the City Council
City of Shorewood
This of ,
(Day) (Month) (Year)
Attest: , Mayor
(Name of Elected Official)
Attest: , City Clerk
(Name of Community Official)
Stamp with Community Seal: