Ord 567ORDINANCE 567
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO SECTION 1201 (ZONING
REGULATIONS) OF CITY CODE TO REMOVE THE REQUIREMENT FOR A
CONDITIONAL USE PERMIT FOR OVERSIZED ACCESSORY BUILDINGS
Section 1: City Code Section 1201.03 is hereby amended as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. General building and performance requirements.
d. Accessory buildings, structures, uses and equipment.
(1) No detached accessory building or structure shall be allowed on
any lot without a principal building to which it is accessory.
(2) No detached accessory buildings or structures shall exceed 15 feet
or one story in height, except as allowed by Section 1201.03 Subd. 4 c.
(3) Accessory buildings and structures shall be constructed within the
buildable area of the lots as defined in § 1201.02 of this chapter except as provided in
subdivision 3c of this section.
(4) For single- family and two - family homes, no accessory building,
including attached garages, or combination of accessory buildings, but excluding docks and
decks, shall exceed three in number, nor 1,200 square feet in area in the R -1 A, R -1 B, R -1 C, R-
2A, R -213 and R -3A Districts, nor 1,000 square feet in area in the R -ID, R -2C, R -313 and R -C
Districts, except in conformance with the following conditions:
(a) The total area of accessory buildings shall not exceed the
floor area of all stories above grade of the principal building. Subject to a conditional use permit
as provided for in Section 1201.04 of this chapter, the City Council may grant an exception for
greenhouses, as defined herein, under the following conditions:
(i) The lot on which the greenhouse is to be located
shall contain a minimum of 80,000 square feet of area. In no case shall the lot area be reduced to
less than 80,000 square feet in area;
(ii) Side yard setbacks for the greenhouse shall be
double that required for the district in which the property is located;
(iii) The property owner shall landscape around
accessory buildings according to a landscape plan approved by the City Council;
(iv) In no case shall the total area of accessory buildings
exceed 7% of the minimum lot area for the district in which the property is located.
(b) In no case shall the total area of accessory buildings exceed
10% of the minimum lot area for the district in which the property is located.
(c) Site drainage information shall be provided
including direction of storm -water run -off, rate control for any increase in impervious surface
coverage, volume control (infiltration) where possible based on soil conditions; and any
additional information as necessary for compliance with the City's Stormwater Management
Plan.
(d) Landscaping shall be provided in compliance with Section
1103 of City Code and the City's Tree Preservation and Replacement Policy.
(e) The architectural character of proposed accessory buildings
shall be similar and consistent with other buildings on the site and in the area.
(f) Properties occupied by nonconforming accessory buildings
are not allowed to exceed three accessory buildings, or to exceed 1,000 square feet or 1,200
square feet of accessory floor area, based upon the district in which they are located except as
follows. An existing nonconforming accessory building may be allowed to remain
nonconforming, and the total number of accessory buildings or the total area of accessory space
may be expanded, upon approval of a conditional use permit as provided for in Section 1201.04
of this chapter, and the following:
(i) The applicant can demonstrate that the
nonconforming accessory building was constructed prior to August 2, 1956. Evidence of date of
construction may include, but is not limited to, property surveys, assessor's information, aerial
photographs or affidavits from persons who lived on or near the property on or before August 2,
1956.
(ii) The nonconforming accessory building must be in
sound structural condition with respect to roof, walls, and foundation. If the building requires
50% or more replacement, the building must be removed or brought into conformity with this
code. The extent of replacement required shall be determined by the Building Official.
(iii) The applicant can demonstrate that the
nonconforming accessory building has historic, architectural or cultural value. Specifically, the
building shall meet one or more criteria established by the city and patterned after the National
Park Service standards for historic designation. The historic, architectural or cultural value of
the building shall be subject to review and comment by a special ad hoc committee, consisting of
one member of the Planning Commission, City Council and Park Commission.
(iv) The owner of the property shall enter into a
development agreement with the city, the purpose of which is to set forth what, if any, repairs
may be necessary to place the building in good condition. The agreement shall be recorded
against the property to ensure that the building is kept in good condition. Repairs to the building
shall be consistent with the original architectural style and materials of the building. Nothing in
this section shall prevent the owner from bringing the building into conformance with this code
or removing it from the property.
(5) Subject to the provisions of subdivision (4) above, no permit shall
be issued for the construction of more than one private detached garage building for each
detached single- family dwelling, except on the approval of a conditional use permit according to
the provisions of § 1201.04 of this chapter.
(6) Every detached single - family dwelling unit erected after the
effective date hereof shall be so located on the lot so that at least a two car garage, either attached
or detached, can be located on the lot.
(7) No accessory uses or equipment, such as air conditioning cooling
structures or condensers, which generate noise may be located in a required side yard setback,
except for side yards abutting streets where equipment is fully screened from view.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 22nd day of July, 2019.
SCCaT ZER YOR
ATTEST:
SANDIE THONE, CITY CLERK