2016 Ord No. 525 - 535i.1 1 g 10 1 1_ 11 l
Section 1. Section 501.04 Subd. 10. of the Shorewood City Code is hereby
amended to read as follows:
"Subd. 10. The emission of smoke, gas, soot, dust, or cinders, or other noxious and
offensive fumes, in frequency or quantities as to render the enjoyment of property
unpleasant, unhealthy, or uncomfortable to a person of ordinary sensibilities."
Section 2. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8t" day of
February 2016.
ATTEST:
JOIN PANCHYSITYN, CITY CLERK
SCO ZEt —, M YOR
CITY OF SHOREWOOD
ORDINANCE NO. 526
AN ORDINANCE AMENDING SECTION 505.02
OF THE SHOREWOOD CITY CODE
Section 1. Section 505.02 of the Shorewood City Code is hereby amended to add
Subd. 4. as follows:
"Subd. 4. Registration and permit fees. No fee is required for private property events or
city sponsored events, including public safety events. Registration and permit fees on
public property are established by the City Council as provided in Chapter 1301 of this
code."
Section 2. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
March 2016.
Sco erby, ay r
ATTEST:
Jean Panchyshyn, City Clerk
i
ORDINANCE NO. 527
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows:
CITY OF SHOREWOOD
LICENSE, PERMIT, SERVICE CHARGES
AND MISCELLANEOUS FEES
Section 2. Addition to Miscellaneous Permits and Licenses:
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES -T
Type of ChargelFee
City Corte Reference
T Charge/ Fee
I. Miscellaneous Permits and Licenses
Special Event Registration and Permit
505.02.4
$50 for events on public property with 75 or
more attendees /participants.
Section 3. This ordinance is effective for events starting in 2016, and upon publication in the
Official City of Shorewood newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 14th day of March, 2016.
ATTEST:
Jean Panchyshyn, City Clerk
Scott rby, M a -- -- —
ORDINANCE NO. 528
AN ORDINANCE ENACTING AND ADOPTING THE 2016 S -11 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement
contains all ordinances up through and including Ordinance No. 525 of a general and
permanent nature enacted since the prior supplement of the Code of Ordinances of the
City of Shorewood; and
WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as
outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the eleventh supplement to the Code of Ordinances of the City of Shorewood as
submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby
accepted.
Section 2. This ordinance adopting the 2016 S -11 Supplement to the Code of Ordinances shall
take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of
May, 2016.
S&tf Zerb�, ayo
ATTEST:
Wit, AIWdl;(XIIOA&
Jean Panchyshyn, efty C erk
REMOVE OLD PAGES
Title Page
SHOREWOOD MINNESOTA
2016 S- I I Supplement
ADOPTING ORDINANCE
TITLE 500: PUBLIC HEALTH
INSERT NEW PAGES
Title Page
21,22
501-3,501-4 501-3, 501-4
TITLE 1200: ZONING AND SUBDIVISION REGULATIONS
1201-43,1201-44 1201 - 43,1201 -44
1201-67, 1201-68 1201-67,1201-68
1201-77 through 1201-80 1201-77 through 1201-80
1201 -86A, 1201-86B 1201-86A, 1201-86B
1201-123 through 1201-126 1201-123 through 1201-126
TITLE 1300, MUNICIPAL FEES
1301-3 through 1301-6
1301-11 through 1301-12
PARALLEL REFERENCES
29,30
LJA 3/2016
1301-3 through 1301-6
1301-11 through 1301-12
7-9.30
CITY OF SHOREWOOD
ORDINANCE NO. 529
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP
(MINNETONKA COUNTRY CLUB PUD)
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to
include the property described in Attachment I, attached hereto and incorporated herein, in the
PUD., Planned Unit Development zoning district.
Section 2. This rezoning is subject to the conditions of the Development Agreement
between the Developer, its successors and assigns, and the City of Shorewood, dated 13 June
2016, attached hereto as Attachment II and incorporated herein.
Section 3. Failure of the Developer, its successors and assigns to comply with the
Development Agreement referenced in Section 2. shall result in the zoning of the property
reverting back to R -IA, Single- family Residential.
Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map
of the City of Shorewood to include the property in the PUD., Planned Unit Development zoning
district.
Section 5. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of June 2016.
. ,Sc Zerby, ayor
ATTEST:
J n Panchyshyn, Cf yt C rlk k
C�J_ 1K111001INMW411H
ORDINANCE NO. 530
AN ORDINANCE AMENDING SECTION 1201.09 SURD. 2.
OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP
(SHOREWOOD SENIOR LIVING PUD)
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to
include the property described in Attachment I, attached hereto and incorporated herein, in the
PUD., Planned Unit Development zoning district.
Section 2. This rezoning is subject to the conditions of the Development Agreement
between the Developer, its successors and assigns, and the City of Shorewood, dated 13 June
2016, attached hereto as Attachment II and incorporated herein.
Section 3. Failure of the Developer, its successors and assigns to comply with the
Development Agreement referenced in Section 2. shall result in the zoning of the property
reverting back to R -C, Residential /Commercial and R -2A, Single and Two - Family Residential.
Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map
of the City of Shorewood to include the property in the PUD., Planned Unit Development zoning
district.
Section 5. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of June 2016.
Sco Zerby, M o
ATTEST:
can Panchyshyn, City Clerk
(Insert Attachment I —Legal Description)
1 /' 111
ORDINANCE NO. 531
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO RENEWABLE ENERGY SYSTEMS - SOLAR
Section 1. City Code Section 1201.02 is hereby amended to include:
"RENEWABLE ENERGYSYSTEM. A solar energy system, wind energy system, or ground
source heat pump."
"BUILDING- INTEGRATED SOLAR ENERGYSYSTEM. A solar energy system that is an
integral part of a principal or accessory building, rather than a separate mechanical device,
replacing or substituting for an architectural or structural component of the building including,
but not limited to, photovoltaic or hot water solar systems contained within roofing materials,
windows, skylights and awnings."
"FLUSH- MOUNTED SOLAR ENERGYSYSTEM. A roof - mounted system mounted directly
abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but
shall not be higher than 10 inches above the roof."
"PASSIVE SOLAR ENERGYSYSTEM. A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger."
"PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into
electricity."
"SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of
which is to provide daylight for interior lighting or provide for the collection, storage and
distribution of solar energy for space heating or cooling, electricity generation or water heating."
Section 2. City Code Section 1201.03 is hereby amended to include:
"Subd. 23. Renewable Energy.
a. Purpose. It is the intent of the City Council, consistent with the
Comprehensive Plan, to provide a sustainable quality of life for the city's
residents, making careful and effective use of available natural, human and
economic resources and ensuring that resources exist to maintain and
enhance the quality of life for future residents. In accordance with that
intent, the City finds that it is in the public interest to encourage renewable
energy systems that have a positive impact on energy production and
conservation while not having an adverse impact on the community.
Therefore, the purposes of this ordinance include:
(1) To promote rather than restrict development of renewable energy
sources by removing regulatory barriers and creating a clear
regulatory path for approving renewable energy systems.
(2) To create a livable community where development incorporates
sustainable design elements such as resource and energy
conservation and use of renewable energy.
(3) To protect and enhance air quality, limit the effects of climate
change and decrease use of fossil fuels.
(4) To encourage renewable energy development in locations where
the technology is viable and environmental, economic and social
impacts can be mitigated.
b. Solar Energy Systems.
(1) Zoning districts. Solar energy systems in accordance with the
standards in this section are allowed as a permitted accessory use in
all zoning districts.
(2) Standards.
(a) Height. Roof - mounted solar energy systems shall comply
with the maximum height requirements in the applicable
zoning district. Ground- mounted solar energy systems
shall not exceed 20 feet in height.
(b) Location. In residential zoning districts, ground- mounted
solar energy systems are limited to the rear yard. In non-
residential zoning districts, ground- mounted solar energy
systems may be permitted in the front yard of any lot or the
side yards on corner lots, subject to applicable building
setback requirements.
(c) Setbacks. Ground - mounted solar energy systems
including any appurtenant equipment shall be set back a
minimum of 20 feet from all property lines. Roof - mounted
systems shall comply with all building setbacks in the
applicable zoning district and shall not extend beyond the
exterior perimeter of the building on which the system is
mounted.
(d) Roof mounting. Roof - mounted solar collectors shall be
flush mounted on pitched roofs. Solar collectors may be
bracket mounted on flat roofs.
M
(e) Easements. Solar energy systems shall not encroach on
public drainage, utility, roadway or trail easements.
(f) Screening. Ground - mounted solar energy systems shall be
screened from view to the extent possible without reducing
their efficiency. Screening may include walls, fences or
landscaping.
(g) Maximum Area. In residential zoning districts, ground -
mounted solar energy systems shall be limited to a
maximum area of 120 square feet footprint. In other
zoning districts, ground- mounted solar energy systems shall
be limited to a maximum area consistent with the accessory
structure limitations or no more than 25 percent of the rear
yard, whichever is less.
(h) Aesthetics. Reflection angles from ground - mounted
collector surfaces shall be oriented away from neighboring
windows. Where necessary, screening may be required to
address glare.
(i) Feeder lines. The electrical collection system shall be
placed underground within the interior of each parcel.
(3) Safety.
(a) Standards — Electrical.
(i) All utilities shall be installed underground.
(ii) An exterior utility disconnect switch shall be
installed at the electric meter serving the property.
(iii) Solar energy systems shall be grounded to protect
against natural lightning strikes in conformance
with the national electrical code as adopted by the
City.
(iv) No solar energy system shall be interconnected with
a local electrical utility company until the utility
company has reviewed and commented upon it.
The interconnection of the solar energy system with
the utility company shall adhere to the national
electrical code as adopted by the City.
N
(b) Certification. The solar energy system shall be certified by
Underwriters Laboratories, Inc., and comply to the
requirements of the international building code.
(c) Abandonment. Any solar energy system which is
inoperable for twelve (12) successive months shall be
deemed to be abandoned and shall be deemed a public
nuisance. The owner shall remove the abandoned system at
their expense after obtaining a demolition permit.
(4) Permits. Building- integrated solar energy systems shall require a
building permit prior to installation. Ground - mounted solar energy
systems shall require a zoning permit, pursuant to Section 1201.07
of this Code prior to installation.
C. Wind Energy Systems. (Reserved for Future Use)
d. Ground Source Heat Pump Systems. (Reserved for Future Use)"
Section 3. This Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 1 lth day of
July 2016.
1`
Je n Panchyshyn, City ler
M
Scott erby, M a
ORDINANCE NO. 533
AN ORDINANCE AMENDING THE SHOREWOOD RENTAL HOUSING CODE AS IT
PERTAINS TO SHORT -TERM RENTAL OF PROPERTY
Section 1. RECITALS
(a) The potential exists for short-term rentals to become a significant business
operation in Minnesota.
(b) Short-term rental of property in Shorewood's residential zoning districts has
resulted in complaints from residents living near such rental properties.
Section 2. FINDINGS
(a) Many short-term rental properties may fall under the jurisdiction of state law
(those that qualify as hotels, motels, or lodging establishments). The level of state
licensing compliance may inevitably be low due to:
(1) The amount of manpower required for monitoring and enforcement.
(2) The fact that new short-term rentals constantly enter the market.
(3) Those offering accommodations not in compliance may be notified and
then take steps to avoid further detection from licensing authorities.
(4) These same issues apply to cities trying to regulate short -term rentals
(b) Rental of private homes for temporary occupancy is contrary to the essential
character and stability of residential neighborhoods because short-term tenants
have little interest in the welfare of the local community, do not engage in
activities that strengthen residential neighborhoods, and do not integrate into
residential neighborhoods.
(c) Rental of homes for temporary occupancy disturbs residential neighborhoods by
creating excessive noise, accumulation of refuse, trespassing, disorderly conduct,
vandalism, high occupant turnover, excessive traffic, and excessive numbers of
parked motor vehicles.
(d) Regulating rental of private homes for temporary occupancy is necessary to
protect the essential character of residential neighborhoods and the health, safety
and general welfare of the community.
(e) Rental of residential homes for temporary occupancy is often undertaken without
adequate on -site management, compliance with state and local codes for
commercial lodging establishments, and other safeguards for those renting the
home.
(f) Operating a commercial business venture in close proximity to neighboring
residences can lead to conflict and undermines the fundamental principles of
zoning.
(g) Short-term rentals render a significant number of housing units unavailable for
long -term residents and raise the cost of housing.
(h) Short-term rentals have the potential to diminish property values.
Section 3. City Code Section 1004.02 is hereby amended to add the following
defintions:
(a) "DWELLING UNIT. A residential building or portion thereof intended for
occupancy by one family, but not including hotels, motels, lodging
establishments, nursing homes, boarding or rooming houses or recreational
vehicles."
(b) "OPERATOR. The person or enterprise or its agent who is owner or proprietor of a
rental dwelling or rental dwelling unit, whether in the capacity of owner, lessor,
lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where
the operator performs their functions through a rental agent, the managing agency
or the rental agent has the same duties as the principal."
(c) "REMUNERATION. Compensation, money, or other consideration given in return
for occupancy, possession, or use of real property."
(d) "RENT. The consideration or remuneration charged whether or not received, for
the occupancy or use of another's property as a rental dwelling or rental dwelling
unit, valued in money, whether to be received in money, goods, labor, or
otherwise, including all receipts, cash, credits, property, or services of any kind.
Rent may include consideration or remuneration received pursuant to an option to
purchase whereby a person is given the right to possess the property for a term of
less than thirty (30) days."
(e) "SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure,
rental dwelling or rental dwelling unit that is rented to a transient for less than
thirty (30) consecutive days in a residential district or residential planned unit
development district."
(f) "TRANSIENT. Any person who, at their own expense or at the expense of
another, exercises occupancy or possession, or is entitled to occupancy or
possession, by reason of any rental agreement, concession, permit, right of access,
option to purchase, license, time sharing arrangement, or any other type of
agreement for a period of less than thirty (30) consecutive calendar days."
Section 4. City Code Section 1004.06 is hereby amended to read:
111004.06 SHORT -TERM RENTAL PROHIBITED.
Subd. 1. Purpose. The City finds that short-term rentals located in residential zoning
districts constitute commercial use of residential property, conflict with the
residential character of residential zoning districts, disrupt the residential
character of neighborhoods, and have a negative impact on the livability of
residential neighborhoods. The City has received complaints from residents
regarding short-term rentals, including complaints related to noise, over -
occupancy, and illegal parking. Studies have reported that short -term rentals
can render a significant number of housing units unavailable for long -term
residents and can raise the cost of housing. To ensure adequate housing
options for residents, preserve the residential character of the City's
residential districts, preserve property values, and reduce land use conflicts,
N
the City determines, in furtherance of the public health, safety and general
welfare, it is necessary to limit short-term rentals to hotels, motels, lodging
establishments and similar accommodations which are appropriately zoned
and have the appropriate infrastructure and services for short-term use.
Subd. 2. Prohibition. Short-term rental of any dwelling or dwelling unit to a transient
for less than thirty (30) consecutive days in a residential zoning district is
prohibited. State licensed hotels, motels and lodging establishments located
outside residential districts or residential planned unit development districts
are allowed, pursuant to applicable City codes.
Subd. 3. Enforcement. An owner, operator, tenant or occupant of any building or
property in violation of the provisions of this section may be charged and
found guilty of a misdemeanor and may be held responsible for the cost of
enforcement in addition to penalties.
The City may exercise any and all remedies at law or in equity to ensure
compliance with this section. All unpaid costs, charges and penalties may be
certified as a special assessment levy against the property."
Section 5. Previous City Code Section 1004.06 (Administration and Enforcements) is
renumbered as Section 1004.07.
Section 6. This Ordinance shall be in full force and effect upon publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
September, 2016.
ATTEST:
J n Panchyshyn, Cio C1r
-3-
Sco erby, a or
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE
EXISTING CHAPTER 1101 IN ITS ENTIRETY WITH A REVISED CHAPTER 1101
(FLOODPLAIN MANAGEMENT REGULATIONS)
Section 1. Chapter 1101 (Floodplain Management Regulations) of the Shorewood City
Code is hereby deleted in its entirety and replaced with:
CHAPTER 1101
FLOODPLAIN MANAGEMENT REGULATIONS
Section
1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1101.02 GENERAL PROVISIONS
1101.03 ESTABLISHMENT OF ZONING DISTRICTS
1101.04 FLOODWAY DISTRICT (FW)
1101.05 FLOOD FRINGE DISTRICT (FF)
1101.06 GENERAL FLOODPLAIN DISTRICT (GF)
1101.07 LAND DEVELOPMENT STANDARDS
1101.08 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL VEHICLES
1101.10 ADMINISTRATION
1101.11 NONCONFORMITIES
1101.12 PENALTIES AND ENFORCEMENT
1101.13 AMENDMENTS
1101.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Subd. 1. Statutory Authorization: The legislature of the State of Minnesota has, in 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.
Subd.2 Purpose:
a. This chapter 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
1101 -1
chapter to promote the public health, safety, and general welfare by minimizing
these losses and disruptions.
b. National Flood Insurance Program Compliance. This chapter is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as
44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
C. This chapter is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
1101.02 GENERAL. PROVISIONS
Subd. I. How to Use This Chapter: This chapter adopts the floodplain maps applicable to the City
of Shorewood and includes three floodplain districts: Floodway, Flood Fringe, and
General Floodplain.
a. Where Floodway and Flood Fringe districts are delineated on the floodplain maps,
the standards in Sections 4 or 5 will apply, depending on the location of a property.
b. Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district.
Within the General Floodplain district, the Floodway District standards in 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.
Subd. 2. Lands to Which Chapter Applies:
a. This chapter applies to all lands within the jurisdiction of Shorewood shown on the
floodplain maps and /or the attachments to the maps as being located within the
boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
b. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts
that are superimposed on all existing zoning districts on the Shorewood Zoning
Districts map referenced in Chapter 1201 of this code. The standards imposed in
the overlay districts are in addition to any other requirements in Chapter 1201 of
this Code. In case of a conflict, the more restrictive standards will apply.
Subd. 3. Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of this chapter. The
attached material includes the Flood Insurance Study for Hennepin County, Minnesota,
and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map
panels enumerated below, dated November 4, 2016, all prepared by the Federal
Emergency Management Agency. These materials are on file in the Shorewood City
Offices.
Effective Flood Insurance Rate Map panels:
1603
27053CO292F
27053CO295F
27053C0308F
27053CO309F
27053CO311F
27053C0312F
27053CO313F
27053CO314F
27053CO316F
27053CO317F
27053CO318F
27053C0319F
Subd. 4 Regulatory Flood Protection Elevation The regulatory flood protection elevation (RFPE)
is an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from
designation of a floodway.
Subd. 5. Interpretation: The boundaries of the floodplain districts are determined by scaling
distances on the Flood Insurance Rate Map.
a. Where a conflict exists between the floodplain limits illustrated on the flood plain
map and floodplain elevations discover in actual field conditions, the flood
elevations shall be the governing factor. The Zoning Administrator must interpret
the boundary location based on the ground elevations that existed on the site on the
date of the first National Flood Insurance Program map showing the area within
the regulatory floodplain, and other available technical data.
b. Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the City Council, serving as the Board of
Adjustments and Appeals and to submit technical evidence.
Subd. 6. Abrogation and Greater Restrictions: It is not intended by this chapter to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this chapter imposes greater restrictions, the provisions of this chapter
prevail. All other ordinances inconsistent with this chapter are hereby repealed to the
extent of the inconsistency only.
Subd. 7. Warning and Disclaimer of Liability: This chapter does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding
or flood damages. This chapter does not create liability on the part of the City of
Shorewood or its officers or employees for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made hereunder.
Subd. 8 Severability: If any section, clause, provision, or portion of this chapter is adjudged
unconstitutional or invalid by a court of law, the remainder of this chapter shall not be
affected and shall remain in full force.
Subd. 9 Definitions: Unless specifically defined below, words or phrases used in this chapter must
be interpreted according to common usage and so as to give this chapter its most
reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base
flood elevation" is used in the flood insurance survey.
1101 -3
BASEMENT Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official
control that may be allowed but only after an in -depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
(1) Certain conditions as detailed in the zoning code exist.
(2) The structure and /or land use conform to the comprehensive land use plan if one
exists and are compatible with the existing neighborhood.
CRITICAL FACILITIES. Facilities necessary to a community's public health and safety,
those that store or produce highly volatile, toxic or water - reactive materials, and those that
house occupants that may be insufficiently mobile to avoid loss of life or injury.
Examples of critical facilities include hospitals, correctional facilities, schools, daycare
facilities, nursing homes, fire and police stations, wastewater treatment facilities, public
electric utilities, water plants, fuel storage facilities, and waste handling and storage
facilities.
DEVELOPMENT. Any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the Special Flood Hazard Area (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
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any
source (see "Flood ").
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
1101 -4
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable non - elevation design requirements of 44 Code of Federal
Regulations, Part 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include the term "recreational vehicle ".
NEW CONSTRUCTION. Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction commenced on or
after the effective date of this chapter.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard, or change the direction of
the flow of water, either in itself or by catching or collecting debris carried by such water.
ONE HUNDRED YEAR FLOODPLAIN Lands inundated by the "Regional Flood" (see
definition).
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses
or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man -made obstruction. In an urban area, the segment of a
stream or river between two consecutive bridge crossings would most typically constitute
a reach.
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,
1101 -5
travel, or seasonal use. For the purposes of this chapter, the term recreational vehicle is
synonymous with the term "travel trailer /travel vehicle ".
REGIONAL FLOOD. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the I% chance or 100 -year recurrence
interval. Regional flood is synonymous with the term "base flood" used in a flood
insurance study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE) An elevation not less
than one foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the floodplain that result from designation of a
floodway.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each such
flood event on the average equals or exceeds 25% of the market value of the structure
before the damage occurred.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes
synonymous with "One Hundred Year Floodplain".
START OF CONSTRUCTION. Includes substantial improvement, and means the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement that occurred before the permit's expiration date. The actual start is either
the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and /or walkways; nor does it include
excavation for a basement, footings, piers, foundations, or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground
or on -site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the exemption
criteria specified in Section 1101.09 Subd. 2. of this chapter and other similar items.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
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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:
(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure
safe living conditions.
(2) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the
purpose of this chapter, "historic structure" is as defined in 44 Code of Federal
Regulations, Part 59.1.
Subd. 10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section
1101.02 Subd. 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 chapter. If any of
these floodplain land areas are annexed into the City of Shorewood after the date of
adoption of this chapter, the newly annexed floodplain lands will be subject to the
provisions of this chapter immediately upon the date of annexation.
Subd. 11. Detachments. The Flood Insurance Rate Map panels adopted by reference into Section
1101.02 Subd. 3. above will include floodplain areas that lie inside the corporate
boundaries of municipalities at the time of adoption of this chapter. If any of these
floodplain land areas are detached from a municipality and come under the jurisdiction of
Shorewood after the date of adoption of this chapter, the newly detached floodplain lands
will be subject to the provisions of this chapter immediately upon the date of detachment.
Subd. 1. Districts:
a. Floodway District. The Floodway District includes those areas within Zones AE
that have a floodway delineated as shown on the Flood Insurance Rate Map
adopted in Section 1102.02 Subd. 3., as well as portions of other lakes, wetlands,
and basins within Zones AE (that do not have a floodway delineated) that are
located at or below the ordinary high water level as defined in Minnesota Statutes,
Section 103G.005, subdivision 14.
b. Flood Fringe District. The Flood Fringe District includes areas within Zones AE
that have a floodway delineated on the Flood Insurance Rate Map adopted in
Section 1102.02 Subd. 3., but are located outside of the floodway. For other lakes,
wetlands and other basins within Zones AE that do not have a floodway
delineated, the Flood Fringe District also includes those areas below the I% annual
1101 -7
chance (100 -year) flood elevation but above the ordinary high water level as
defined in Minnesota Statutes, Section 103G.005, subdivision 14.
C. General Floodplain District. The General Floodplain District includes those areas
within Zone A as shown on the Flood Insurance Rate Map adopted in Section
1102.02 Subd. 3.
Subd. 2. Applicability: Within the floodplain districts established in this chapter, the use, size, type
and location of development must comply with the terms of this chapter and other
applicable regulations. In no cases shall floodplain development adversely affect the
efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to
the main stream, drainage ditches, or any other drainage facilities or systems. All uses not
listed as permitted uses or conditional uses in Sections 1101.04, 1101.5, and 110 1.06, are
prohibited. In addition, critical facilities, as defined in Section 1101.02 (Critical
Facilities), are prohibited in all floodplain districts.
1101.04 FLOODWAY DISTRICT (FW)
Subd. 1. Permitted Uses: The following uses, subject to the standards set forth in Section 1101.04
Subd. 2., are permitted uses if otherwise allowed in the underlying zoning district or any
applicable overlay district:
a. Open space uses, including but not limited to private and public golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, and
single or multiple purpose recreational trails.
b. Residential lawns, gardens, parking areas, and play areas.
Railroads, streets, bridges, utility transmission lines and pipelines, provided that
the Department of Natural Resources' Area Hydrologist is notified at least ten days
prior to issuance of any permit.
Subd. 2 Standards for Floodway Permitted Uses:
a. The use must have a low flood damage potential.
b. The use must not obstruct flood flows or cause any increase in flood elevations and
must not involve structures, obstructions, or storage of materials or equipment.
C. Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area
is inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of
the regional (1% chance) flood.
Subd. 3. Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 1101.10 Subd.4. of this chapter and further
1101 -8
subject to the standards set forth in Section 1101.04 Subd. 4., if otherwise allowed in the
underlying zoning district or any applicable overlay district.
a. Structures accessory to the uses listed in Sections 1101.04 Subd. 1. a. -c. above and
the uses listed in b. -c. below.
b. Extraction and storage of sand, gravel, and other materials.
C. Marinas, boat rentals, docks, piers, wharves, and water control structures.
d. Storage yards for equipment, machinery, or materials.
Placement of fill or construction of fences that obstruct flood flows.
f General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
Subd. 4. Standards for Floodway Conditional Uses:
a. All Uses. A conditional use must not cause any increase in the stage of the 1%
chance or regional flood or cause an increase in flood damages in the reach or
reaches affected.
b. Fill; Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
(2) Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected from erosion by vegetative cover, mulching,
riprap or other acceptable method. Permanent sand and gravel operations
and similar uses must be covered by a long -term site development plan.
(3) Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the I% 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.
C. Accessory Structures. Accessory structures, as identified in Section 1101.04 Subd.
3.a., may be permitted, provided that:
(1) Structures are not intended for human habitation;
(2) Structures will have a low flood damage potential;
(3) Structures will be constructed an placed so as to offer a minimal
obstruction to the flow of flood waters;
(4) Service utilities, such as electrical and heating equipment, within these
structures must be elevated to or above the regulatory flood protection
elevation or properly floodproofed;
(5) Structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP 1 or FP2 floodproofing classifications in the State
1101 -9
Building Code. All floodproofed structures must be adequately anchored to
prevent flotation, collapse or lateral movement and designed to equalize
hydrostatic flood forces on exterior walls.
(6) As an alternative, an accessory structure may be internally /wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State
Building Code, provided the accessory structure constitutes a minimal
investment and does not exceed 576 square feet in size. Designs for
meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(a) To allow for the equalization of hydrostatic pressure, there must be
a minimum of two "automatic" openings in the outside walls of the
structure, with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding; and
(b) There must be openings on at least two sides of the structure and the
bottom of all openings must be no higher than one foot above the
lowest adjacent grade to the structure. Using human intervention to
open a garage door prior to flooding will not satisfy this
requirement for automatic openings.
d. Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters are subject to the provisions of
Minnesota Statutes, Section 103G.245.
e. A levee, dike or floodwal constructed in the floodway must not cause an increase
to the I% chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
f. Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
_ 1 1 1
Subd. 1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Subd. 2. below. If no pre-
existing, underlying zoning districts exist, then any residential or nonresidential structure
or use of a structure or land is a permitted use provided it does not constitute a public
nuisance.
Subd. 2. Standards for Flood Fringe Permitted Uses:
a. All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation.
The finished fill elevation for structures must be no lower than one foot below the
regulatory flood protection elevation and the fill must extend at the same elevation
at least 15 feet beyond the outside limits of the structure.
b. Accessory Structures. As an alternative to the fill requirements of a. above,
structures accessory to the uses identified in Subd. 1. above may be permitted to be
1101 -10
internally /wet floodproofed to the FP3 or FP4 floodproofing classifications in the
State Building Code, provided that:
(1) The accessory structure constitutes a minimal investment, does not exceed
576 square feet in size, and is only used for parking and storage.
(2) All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be:
(a) Adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces on
exterior walls,
(b) Be constructed with materials resistant to flood damage, and
(e) Must have all service utilities be water -tight or elevated to above the
regulatory flood protection elevation
(3) Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(a) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the
structure, with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding; and
(b) There must be openings on at least two sides of the structure and the
bottom of all openings must be no higher than one foot above the
lowest adjacent grade to the structure. Using human intervention to
open a garage door prior to flooding will not satisfy this requirement
for automatic openings.
c. The cumulative placement of fill or similar material on a parcel must not exceed
1,000 cubic yards, unless the fill is specifically intended to elevate a structure in
accordance with Subd. 2.a. of this section, or if allowed as a conditional use under
Subd. 3.c. below.
d. The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
e. All service utilities, including ductwork, must be elevated or water -tight to prevent
infiltration of floodwaters.
f. The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
g. All fill must be properly compacted and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
h. All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must
have a flood warning /emergency evacuation plan acceptable to the City Council.
i. Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any
1101 -11
facilities used by employees or the general public must be designed with a flood
warning system that provides adequate time for evacuation if the area is inundated
to a depth and velocity such that the depth (in feet) multiplied by the velocity (in
feet per second) would exceed a product of four upon occurrence of the regional
(1% chance) flood.
j. Manufactured homes and recreational vehicles must meet the standards of Section
1100.09 of this chapter.
Subd. 3. Conditional Uses: The following uses and activities may be allowed as conditional uses,
if allowed in the underlying zoning district(s) or any applicable overlay district, following
the procedures in Section 1101.10 Subd. 4. of this chapter.
a. Any structure that is not elevated on fill or floodproofed in accordance with Subd.
2.a. and 2.b of this section.
b. Storage of any material or equipment below the regulatory flood protection
elevation.
C. The cumulative placement of more than 1,000 cubic yards of fill when the fill is
not being used to elevate a structure in accordance with Subd. 2.a. of this section.
d. The use of methods to elevate structures above the regulatory flood protection
elevation, including stilts, pilings, parallel walls, or above- grade, enclosed areas
such as crawl spaces or tuck under garages, shall meet the standards in Subd. 4.f.
of this section.
Subd. 4. Standards, for Flood Fringe Conditional Uses:
a. The standards listed in Subd. 2.d. through 2.j. apply to all conditional uses.
b. Basements, as defined by Section 1101.02 Subd. 9. of this chapter, are subject to
the following:
(1) Residential basement construction is not allowed below the regulatory
flood protection elevation.
(2) Nonresidential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry floodproofed
in accordance with Subd. 4.c. below.
C. All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code.
Structurally dry floodproofing must meet the FP or FP2 floodproofing
classification in the State Building Code, which requires making the structure
watertight with the walls substantially impermeable to the passage of water and
with structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
d. The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood
1101 -12
protection elevation) must comply with an approved erosion /sedimentation control
plan.
(1) The plan must clearly specify methods to be used to stabilize the fill on site
for a flood event at a minimum of the regional (1 % chance) flood event.
(2) The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the City Council.
(3) The plan may incorporate alternative procedures for removal of the
material from the floodplain if adequate flood warning time exists.
e. Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
£ Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. The base or
floor of an enclosed area shall be considered above -grade and not a structure's
basement or lowest floor if. 1) the enclosed area is above -grade on at least one side
of the structure; 2) it is designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of vehicles, building access
or storage. The above -noted alternative elevation methods are subject to the
following additional standards:
(1) Design and Certification - The structure's design and as -built condition
must be certified by a registered professional engineer as being in
compliance with the general design standards of the State Building Code
and, specifically, that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of
flooding.
(2) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully
enclosed areas such as crawl spaces or tuck under garages must be
designed to internally flood and the design plans must stipulate:
(a) The minimum area of openings in the walls where internal flooding
is to be used as a floodproofing technique. There shall be a
minimum of two openings on at least two sides of the structure and
the bottom of all openings shall be no higher than one foot above
grade. The automatic openings shall have a minimum net area of
not less than one square inch for every square foot of enclosed area
subject to flooding unless a registered professional engineer or
architect certifies that a smaller net area would suffice. The
automatic openings may be equipped with screens, louvers, valves,
or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any forth of human
intervention; and
1101 -13
(b) That the enclosed area will be designed of flood resistant materials
in accordance with the FP3 or FP4 classifications in the State
Building Code and shall be used solely for building access, parking
of vehicles or storage.
1.101.06 GENERAL FLOODPLAIN DISTRICT (GF)
Subd. 1. Permitted Uses:
a. The uses listed in Section 1101.04 Subd. 1. of this chapter, Floodway District
Permitted Uses, are permitted uses.
b. All other uses are subject to the floodway /flood fringe evaluation criteria specified
in Section 1101.06 Subd. 2. below. Section 1101.04 applies if the proposed use is
determined to be in the Floodway District. Section 1101.05 applies if the proposed
use is determined to be in the Flood Fringe District.
Subd. 2. Procedures for Floodway and Flood Fringe Determinations:
a. Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal,
state, or other source.
b. If regional flood elevation and floodway data are not readily available, the
applicant must furnish additional information, as needed, to determine the
regulatory flood protection elevation and whether the proposed use would fall
within the Floodway or Flood Fringe District. Information must be consistent with
accepted hydrological and hydraulic engineering standards and the standards in
Subd. 2.c. below.
C. The determination of floodway and flood fringe must include the following
components, as applicable:
(1) Estimate the peak discharge of the regional (1% chance) flood.
(2) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
(3) Compute the floodway necessary to convey or store the regional flood
without increasing flood stages more than 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.
d. The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and /or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous
floodway encroachments. The Zoning Administrator may seek technical assistance
from a designated engineer or other expert person or agency, including the
1101 -14
Department of Natural Resources. Based on this assessment, the Zoning
Administrator may approve or deny the application.
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 Sections 1101.04 and 1101.05 of this chapter.
1101.07 LAND DEVELOPMENT STANDARDS
Subd. 1 In General: Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this chapter apply to all land within the City of
Shorewood.
Subd. 2. Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home
parks and. recreational vehicle parks or campgrounds are considered subdivisions under
this chapter.
a. All lots within the floodplain districts must be able to contain a building site
outside of the Floodway District at or above the regulatory flood protection
elevation.
b. All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation, unless a flood warning emergency plan for the safe
evacuation of all vehicles and people during the regional (1% chance) flood has
been approved by the City Council. The plan must be prepared by a registered
engineer or other qualified individual, and must demonstrate that adequate time
and personnel exist to carry out the evacuation.
C. For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of
all access roads must be clearly labeled on all required subdivision drawings and
platting documents.
d. In the General Floodplain District, applicants must provide the information
required in Section 1101.06 Subd.2. of this chapter to determine the regional flood
elevation, the Floodway and Flood Fringe District boundaries and the regulatory
flood protection elevation for the subdivision site.
e. If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
(2) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
(3) Adequate drainage is provided to reduce exposure of flood hazard.
1101 -15
Subd. 3. Building Sites. If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes) must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
b. Constructed with materials and utility equipment resistant to flood damage;
C. Constructed by methods and practices that minimize flood damage; and
d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
1101.08 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
Subd. 1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with
the State Building Code or elevated to the regulatory flood protection elevation.
Subd. 2. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Sections 1101.04 and 1101.05 of this chapter. These
transportation facilities must be elevated to the regulatory flood protection elevation where
failure or interruption of these facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health or safety.
Subd. 3. On -site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided: 1) On -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems and are subject to the provisions in Minnesota
Rules 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.
F 101.09 MANUFACTURED HOMES AND PLACEMENT OF !
Subd. 1. Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
a. Placement or replacement of manufactured home units is prohibited in the
Floodway District.
b. If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Section 1101.05 of this chapter. New
"WOW.
and replacement manufactured homes must be elevated in compliance with Section
1101.05 of this chapter and must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over- the -top or frame ties to
ground anchors. This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
Subd. 2. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain
district. Placement of recreational vehicles in existing recreational vehicle parks or
campgrounds in the floodplain must meet the exemption criteria below or be treated as
new structures meeting the requirements of this chapter.
a. Recreational vehicles are exempt from the provisions of this chapter if they are
placed in any of the following areas and meet the criteria listed in Section 1101.09
Subd. 2.b.:
(1) Individual lots or parcels of record.
(2) Existing commercial recreational vehicle parks or campgrounds.
(3) Existing condominium -type associations.
b. Criteria for Exempt Recreational Vehicles:
(1) The vehicle must have a current license required for highway use.
(2) The vehicle must be highway ready, meaning on wheels or the internal
jacking system, attached to the site only by quick disconnect type utilities
commonly used in campgrounds and recreational vehicle parks.
(3) No permanent structural type additions may be attached to the vehicle.
(4) The vehicle and associated use must be permissible in any pre - existing,
underlying zoning district.
(5) Accessory structures are not permitted within the Floodway District. Any
accessory structure in the Flood Fringe District must be constructed of
flood- resistant materials and be securely anchored, meeting the requirements
applicable to manufactured homes in Section 1101.09 Subd. 2.b.
(6) An accessory structure must constitute a minimal investment
C. Recreational vehicles that are exempt in Section 1101.09 Subd. 2.b lose this
exemption when development occurs on the site that exceeds a minimal investment
for an accessory structure such as a garage or storage building. The recreational
vehicle and all accessory structures will then be treated as new structures subject to
the elevation and floodproofing requirements of Section 1101.05 of this chapter.
No development or improvement on the parcel or attachment to the recreational
vehicle is allowed that would hinder the removal of the vehicle should flooding
occur.
1101 -17
1101.10
Subd. 1
Subd. 2
DUT
Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this chapter.
Permit Requirements:
a. Permit Required. A permit must be obtained from the Zoning Administrator prior
to conducting the following activities:
(1) The erection, addition, modification, rehabilitation, or alteration of any
building, structure, or portion thereof. Normal maintenance and repair also
requires a permit if such work, separately or in conjunction with other
planned work, constitutes a substantial improvement as defined in this
chapter.
(2) The use or change of use of a building, structure, or land.
(3) The change or extension of a nonconforming use.
(4) The repair of a structure that has been damaged by flood, fire, tornado, or
any other source.
(5) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
(6) Relocation or alteration of a watercourse (including new or replacement
culverts and bridges), unless a public waters work permit has been applied
for.
(7) Any other type of "development" as defined in this chapter.
b. Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit
application must include the following as applicable:
(1) A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an influence on
the permit.
(2) Location of fill or storage of materials in relation to the stream channel.
(3) Copies of any required municipal, county, state or federal permits or
approvals.
(4) Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
C. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a
certificate of zoning compliance has been issued by the Zoning Administrator
stating that the use of the building or land conforms to the requirements of this
chapter.
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d. Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this chapter. Floodproofing measures must be certified by a
registered professional engineer or registered architect.
e. Record of First Floor Elevation. The Zoning Administrator must maintain a record
of the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
f. Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters
pursuant to 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).
g. Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date
such supporting information becomes available, the Zoning Administrator must
notify the Chicago Regional Office of FEMA of the changes by submitting a copy
of the relevant technical or scientific data.
Subd.3. Variances:
a. Variance Applications. An application for a variance to the provisions of this
chapter will be processed and reviewed in accordance with applicable state statutes
and Section 1201.05 of the Zoning Code.
b. Adherence to State Floodplain Management Standards. A variance must not allow
a use that is not allowed in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area, or permit
standards lower than those required by state law.
C. Additional Variance Criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
(1) Variances must not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
(2) Variances may only be issued by a community upon (i) a showing of good
and sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
l •
(3)" Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
d. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage; and 2) Such construction
below the base or regional flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
e. General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
(1) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(2) The danger that materials may be swept onto other lands or downstream to
the injury of others;
(3) The proposed water supply and sanitation systems, if any, and the ability of
these systems to minimize the potential for disease, contamination and
unsanitary conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and
the effect of such damage on the individual owner;
(5) The importance of the services to be provided by the proposed use to the
community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are
not subject to flooding;
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Land Use Plan
and 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.
f. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the
DNR sufficiently in advance to provide at least ten days' notice of the hearing. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
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g. Submittal of Final Decisions to the DNR. A copy of all decisions granting
variances must be forwarded to the DNR within ten days of such action. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
h. Record - Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in
an annual or biennial report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency.
Subd. 4. Conditional Uses:
a. Administrative Review. An application for a conditional use permit under the
provisions of this chapter will be processed and reviewed in accordance with
Section 1204 of the Zoning Code.
b. Factors Used in Decision - Making. In passing upon conditional use applications,
the City Council must consider all relevant factors specified in other sections of
this chapter, and those factors identified in Section 1101.10 Subd. 3.e. of this
chapter.
C. Conditions Attached to Conditional Use Permits. The City Council may attach
such conditions to the granting of conditional use permits as it deems necessary to
fulfill the purposes of this chapter. Such conditions may include, but are not
limited to, the following:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
(5) Floodproofing measures, in accordance with the State Building Code and
this chapter. The applicant must submit a plan or document certified by a
registered professional engineer or architect that the floodproofing
measures are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.
d. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of the hearing.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
e. Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
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1101.11 NONCONFORMITIES
Subd. 1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment of this chapter but which is not in conformity with the
provisions of this chapter may be continued subject to the following conditions. Historic
structures, as defined in Section 1101.02 Subd. 9. of this chapter, are subject to the
provisions of a. — f. below.
a. A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in b. below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
b. Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential must
be protected to the regulatory flood protection elevation in accordance with any of
the elevation on fill or floodproofing techniques (i.e., FP thru FP4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in
c. — g. below.
C. 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 Sections 1101.04 or 1101.05 of this chapter for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District,
respectively. The cost of all structural alterations and additions must include all
costs such as construction materials and a reasonable cost placed on all manpower
or labor.
d. If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must conform
to this chapter. The Assessor must notify the Zoning Administrator in writing of
instances of nonconformities that have been discontinued for a period of more than
one year.
e. If any nonconformity is substantially damaged, as defined in Section 1101.02
Subd. 9. of this chapter, it may not be reconstructed except in conformity with the
provisions of this chapter. The applicable provisions for establishing new uses or
new structures in Section 1101.04 or 1101.05 will apply depending upon whether
the use or structure is in the Floodway or Flood Fringe, respectively.
£ If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 110 1. 02 Subd. 9. of this chapter, it must not be reconstructed except in
conformity with the provisions of this chapter.
g. Any substantial improvement, as defined in Section 1101.02 Subd. 9. of this
chapter, to a nonconforming structure requires that the existing structure and any
additions must meet the requirements of Section 1101.04 or 1101.05 of this
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chapter for new structures, depending upon whether the structure is in the
Floodway or Flood Fringe District.
1101.12 PENALTIES AND ENFORCEMENT
Subd, 1. Violation Constitutes a Misdemeanor: Violation of the provisions of this chapter or failure
to comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) constitute a
misdemeanor and will be punishable as defined by law.
Subd. 2. Other Lawful Action: Nothing in this chapter restricts the City 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 chapter and will be prosecuted accordingly.
Subd. 3. Enforcement: Violations of the provisions of this chapter will be investigated and resolved
in accordance with the provisions of 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.
1 ►I I 010UUTUNCIM
Subd. 1. F000dplain Designation — Restrictions on Removal: The floodplain designation on the
floodplain maps must not be removed from floodplain areas unless it can be shown that
the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner of the Department
of Natural Resources (DNR) if the Commissioner determines that, through other
measures, lands are adequately protected for the intended use.
Subd. 2. Amendments Require DNR Approval: All amendments to this chapter must be submitted
to and approved by the Commissioner of the Department of Natural Resources (DNR)
prior to adoption. The Commissioner must approve the amendment prior to community
approval.
Subd. 3. Map Revisions Require Ordinance Amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management Agency
to the floodplain maps adopted in Section 1101.02 Subd. 3. of this chapter.
Section 2. This Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
1101 -23
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24h day of October
2016.
ATTEST:
3 Panchyshyn, Cityuclerk
1101-24
Sco' eer I b , Wy,ayor