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American Legal Supplement 08 - 2013 SHOREWOOD, MINNESOTA Instruction Sheet 2013 S-8 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title page Title page ADOPTING ORDINANCE 15, 16 TABLE OF CONTENTS 1, 2 1, 2 TITLE 300: BUSINESS REGULATIONS 3 11-1 through 311-4 311-1 through 311-4B TITLE 400: LIQUOR REGULATIONS 411 402-1, 402-2 402-1, 402-2 TITLE 600: PUBLIC SAFETY 600-1, 600-2 600-1, 600-2 612-1 through 612-4 TITLE 700: ANIMAL REGULATIONS 700-1, 700-2 700-1, 700-2 704-1, 704-2 704-1, 704-2 — 705-1 through 705-10 TITLE 900: PUBLIC RIGHT-OF-WAY AND PROPERTY 902-1, 902-2 902-1, 902-2 902-5, 902-6 902-5 through 902-6B TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-1 through 1201-4 1201-1 through 1201-4 1201-13, 1201-14 1201-13, 1201-14 1201-21, 1201-22 1201-21, 1201-22 1201-43 through 1201-44B 1201-43 through 1201-44B 1201-85 through 1201-86B 1201-85 through 1201-86B SHOREWOOD, MINNESOTA: INSTRUCTION SHEET 2 • REMOVE OLD PAGES INSERT NEW PAGES TITLE 1300: MUNICIPAL FEES 1301-2A through 1301-6 1301-2A through 1301-6 1301-11, 1301-12 1301-11, 1301-12 PARALLEL REFERENCES 3 through 8 3 through 8 17, 18 17, 18 21, 22 21, 22 27, 28 27, 28 INDEX 9 through 12B 9 through 12B 15 through 20 15 through 20 • • PDJ - 6/28/2013 • CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2013 S-8 Supplement contains: Local legislation current through Ord. 499, passed 9-10-2012 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 • • COPYRIGHT©2013 AMERICAN LEGAL PUBLISHING CORPORATION • 0 • CITY OF SHOREWOOD ORDINANCE NO. 496 AN ORDINANCE ENACTING AND ADOPTING THE 2012 S-7 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the seventh Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 488 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 seventh 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 2012 S-7 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 25th day of June, 2012. Scott Zerby /s/ Scott Zerby, Acting Mayor ATTEST: Larry Brown /s/ Larry Brown, Interim City Administrator/Clerk • 15 2013 S-8 Shorewood - Adopting Ordinance • • • 16 SHOREWOOD, MINNESOTA TABLE OF CONTENTS • Chapter TITLE 100: ADMINISTRATION 101. Official City Code 102. Saving Clause 103. Definitions 104. General Penalty and Enforcement 105. City Officers and Employees 106. Biennial Elections 107. Annual Audit 108. [Reserved] 109. Harbor Limits TITLE 200: BOARDS AND COMMISSIONS 201. Planning Commission 202. Park Commission 203. [Reserved] 204. Discriminatory Practices • 205. [Reserved] TITLE 300: BUSINESS REGULATIONS 301. Gambling and Raffles 302. Sale of Tobacco 303. [Reserved] 304. Boat Docks and Boat Storage Facilities 305. Tree Trimmers 306. Controlled Substances 307. [Reserved] 308. Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 309. Adult Use Establishments 310. Lawn Fertilizer Application Control 311. Therapeutic Massage Licensing 312. Fireworks Dealer's License Fees and Sale of Permitted Consumer Fireworks • 1 2009 S-4 Shorewood - Table of Contents TITLE 400: LIQUOR REGULATIONS • 401. Liquor Regulations 402. Consumption, Purchase and Possession of Alcohol by Persons Under the Age of 21 Years TITLE 500: PUBLIC HEALTH 501. Nuisances 502. Abandoned, Wrecked Vehicles 503. Refuse Collection and Disposal 504. Premises Conducive to High-Risk Sexual Conduct 505. Special Event Registration and Permit TITLE 600: PUBLIC SAFETY 601. Alarm Systems 602. Emergency Management 603. Misdemeanor Offenses 604. Unclaimed Property • 605. False Information to Police 606. Juvenile Curfew 607. Uniform Fire Code 608. Open Burning 609. Storage of Combustible Liquids 610. Traffic Code 611. Snowmobiles 612. Social Host TITLE 700: ANIMAL REGULATIONS 701. Dogs 702. Horses and Ponies 703. Hunting and Trapping Animals 704. Prohibition on Feeding Deer 705. Farm and Other Animals TITLE 800: [RESERVED] • 2 2013 S-8 CHAPTER 311 THERAPEUTIC MASSAGE LICENSING Section 311.01 Purpose 311.02 Definitions 311.03 License 311.04 Fees 311.05 General conditions of license 311.06 Educational requirements 311.07 Exceptions to licensing requirements 311.08 License restrictions and regulations 311.09 Violations S311.01 PURPOSE. The purpose of this chapter is to regulate therapeutic massage services and provide for the licensing thereof. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MASSAGE THERAPY. A scientific health care or health maintenance technique or procedure carried out by a massage therapist, involving the massaging, kneading, rubbing, pressing, stroking, tapping,pounding, vibrating or stimulating the human skin,muscles and tissues for no other purpose than physical fitness, health-care referral, healing relaxation or beautification. MASSAGE THERAPIST. A person,other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer or beautician or i 311-1 2013 S-8 311.02 Shorewood - Business Regulations 311.03 • barber who confines his or her treatment to the scal p, face and neck; who for compensation practices and provides massage therapy; and who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MASSAGE THERAPY BUSINESS. A place of business providing massage therapy to the public for consideration. The term does not include a hospital, sanitarium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of M.S. §§ 144.50 through 144.69. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.03 LICENSE. It shall be unlawful to operate, offer, engage in, or carry on massage therapy services in the city without first obtaining a massage therapy business license. Subd. 1. Application. All applications for a massage therapy business license, whether submitted by an individual, corporation, partnership or other form of organization, shall contain, at minimum, the following: a. The name and date of birth of the owner of the business. If a partnership or corporation, the names and dates of birth for all owners must be provided. b. Information on other personal or business names the applicant, partners or officers have used or by which they have been known. c. Information as to whether the applicant, partners or officers have been convicted of a felony, crime or ordinance violation other than minor traffic offenses, and if so, the date, place and conviction. d. Floor plan of the premises in which the massage therapy services will be conducted, showing areas where massage therapy will be performed. e. If an individual, proof the individual completed the necessary course work, training and hours required to be a certified massage therapist from a certified massage therapy school, pursuant to § 311.06 of this chapter. f. Proof of general liability insurance of at least $1,000,000. Subd. 2. Term. All licenses issued under this chapter shall expire on the last day of December of each year. 311-2 2013 S-8 311.03 Therapeutic Massage Licensing 311.06 • Subd. 3. Renewals. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as provided in § 1301.02 of this code. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) Penalty, see § 104.01 311.04 FEES. All initial applications shall be accompanied by a non-returnable license fee as provided in§ 1301.02 of this code. Licenses are issued for the calendar year; if a portion of the license year has elapsed when the initial application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.05 GENERAL CONDITIONS OF LICENSE. Subd. 1. Therapists. The holder of a massage therapy business license shall adhere to the following conditions: • a. Hire only massage therapists 18 years of age or older. b. Hire only massage therapists qualified as set forth in § 311.06 of this chapter. c. Maintain necessary hiring records on the premises, documenting the training, certification and contact information of each therapist pursuant to § 311.06 of this chapter. Subd. 2. Access to records. The owner, general manager of the facility, or someone authorized to access employment records must be present during business hours and allow city inspection staff access to documentation in order to verify compliance with this section. Subd. 3. Insurance. Each holder of a massage therapy business license shall carry general liability insurance in the amount of$1,000,000. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.06 EDUCATIONAL REQUIREMENTS. The massage therapy business must maintain records for each massage therapist hired on the premises, furnishing proof that each therapist has met the following: 311-3 2013 S-8 311.06 Shorewood - Business Regulations 311.07 Subd. 1. Educational requirement. Each therapist must have: • a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency,or is recognized by the Minnesota Higher Education Coordinating Board or other state agency having jurisdiction over the school. Subd. 2. Areas of training. Each applicant shall also furnish proof at the time of application of a minimum of 500 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, esalen, shiatsu and/or foot reflexology techniques; and b. Anatomy, including,but not limited to, skeletal and muscular structure and organ placement and physiology; and c. Hygiene. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.07 EXCEPTIONS TO LICENSING REQUIREMENTS. This chapter shall not apply to persons in the following professions: Subd. 1. Medical professionals. A state-licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist or assistant working under the direction of any of the above- described professionals; Subd. 2. Physical therapists. A state-licensed physical therapist, athletic director or trainer or an assistant working under the direction of any of the above-described professionals; Subd. 3. Beauticians and barbers. A state-licensed beautician or barber, provided treatment is limited to the scalp, face and neck. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) • 311-4 2013 S-8 311.08 Therapeutic Massage Licensing 311.09 • 311.08 LICENSE RESTRICTIONS AND REGULATIONS. All massage therapist licensees shall: Subd. 1. Display license. Display current license in a prominent place at the place of business; Subd. 2. Identification. Upon demand of any police officer or city inspections staff at the place of business, produce correct identification; Subd. 3. Location limited. Practice massage only at the location as is designated in the license; Subd. 4. Change in location. Inform the City Administrator/Clerk in writing of any change in location prior to the change; Subd. 5. Use of controlled substances. Refrain from the use of and not be under the influence of alcoholic beverages or any controlled substance as defined in Minnesota Statutes while practicing massage therapy; Subd. 6. Appropriate covering. Require that a person who is receiving a massage shall have his or her genital areas covered with an appropriate opaque covering. III (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) 311.09 VIOLATIONS. Subd. 1. Misdemeanor. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this chapter, whether individually of in connection with one or more persons, or as principal, agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor. Each violation of this chapter shall constitute a separate offense. Subd. 2. Conviction/penalty. Conviction of a violation of this chapter shall be grounds for administrative enforcement pursuant to § 104.03 of this code, or suspension or revocation of any license issued hereunder. (Am. Ord. 373-b, passed 8-27-2001; Am. Ord. 490, passed 2-13-2012) • 311-4A 2013 S-8 Shorewood - Business Regulations • • III 311-4B • CHAPTER 402 CONSUMPTION, PURCHASE AND POSSESSION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS Section 402.01 Consumption of alcohol by persons under the age of 21 years 402.02 Furnishing alcoholic beverages to persons under 21 years of age 402.03 Misdemeanors Cross-reference: For social host regulations, see Ch. 612 402.01 CONSUMPTION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS. • It is unlawful for any person under the age of 21 years to consume any alcoholic beverages or to be present within the city having consumed alcohol. The presence of alcohol as indicated by physical symptoms shall constitute prima facie evidence of unlawful consumption of an alcoholic beverage by persons under the age of 21 years. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. (Ord. 441, passed 11-5-2007) Penalty, see § 104.01 402.02 FURNISHING ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE. It is unlawful for any person: Subd. 1. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age. It shall constitute prima facie evidence of a violation of this subdivision for any adult resident to knowingly allow unlawful consumption or possession of an alcoholic beverage by persons under 21 years of age within the dwelling unit of an adult resident or within any yard area related to the dwelling unit and within the control of an adult resident. It shall constitute prima facie evidence of a violation of this subdivision if consumption or possession of an alcoholic beverage by persons under 21 years of age is in plain view of an adult resident or openly displayed. If proven by a preponderance of the evidence, it shall 402-1 2013 S-8 402.02 Shorewood - Liquor Regulations 402.03 be an • affirmative defense to a violation of this subdivision that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household; or Subd. 2. Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; or Subd. 3. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification card or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. (Ord. 441, passed 11-5-2007) Penalty, see § 104.01 402.03 MISDEMEANORS. A violation of any provision of this chapter is a misdemeanor. (Ord. 441, passed 11-5-2007) Penalty, see § 104.01 • 402-2 2013 S-8 • TITLE 600 PUBLIC SAFETY Subject Chapter Alarm Systems 601 Emergency Management 602 Misdemeanor Offenses 603 • Unclaimed Property 604 False Information to Police 605 Juvenile Curfew 606 Uniform Fire Code 607 Open Burning 608 Storage of Combustible Liquids 609 Traffic Code 610 Snowmobiles 611 i Soc al Host 612 • 600-1 2013 S-8 Shorewood - Public Safety • • 600-2 • CHAPTER 612 SOCIAL HOST Section 612.01 Findings and purpose 612.02 Definitions 612.03 Prohibited acts 612.04 Exceptions Cross-reference: For regulation of the consumption, purchase and possession of alcohol by persons under the age of 21 years, see Ch. 402 612.01 FINDINGS AND PURPOSE. • Subd. 1. The City Council finds that: a. Consumption of alcohol by persons under the age of 21 is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. b. Alcohol is also an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. c. As a result, gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 should be prevented as much as possible. d. Gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e. Although furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. 612-1 2013 S-8 612.01 Shorewood - Public Safety 612.02 • f. A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. Subd. 2. The purpose of this chapter is to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the gathering supplied the alcohol or was present. Subd. 3. The City Council intends that this chapter should not target parents who may have alcoholic beverages on their premises, but who have issued a standing order that alcohol is not to be consumed by underage persons on those premises. (Ord. 498, passed 8-27-2012) 612.02 DEFINITIONS. For purposes of this chapter, the following terms have the meanings given: ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin • or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced. ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of 1% or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances. GATHERING. A group of three or more persons who have assembled or gathered together for a social occasion or other activity. HOST. To aid, conduct, sponsor, organize, supervise, control or allow a gathering. PARENT. A person having the following relationship to a juvenile: a. A natural parent, adoptive parent, or step-parent; b. A legal guardian; or c. A person to whom legal custody has been given by order of a court. 612-2 2013 S-8 612.02 Social Host 612.03 • PERSON. An individual,partnership, co oration or an association of one or more P p, rP , individuals. PERSON does not include a city, county or state agency. PREMISES. Any location, including a home, yard, farm, field, land, apartment, condominium, hotel room or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation. UNDERAGE PERSON. An individual under 21 years of age. (Ord. 498, passed 8-27-2012) 612.03 PROHIBITED ACTS. Subd. 1. It is unlawful for a person to host or allow a gathering on any premises if: a. The person knows that alcohol or alcoholic beverages will be present; and • b. The person knows that an underage person will attend, or is likely to attend; and c. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. Subd. 2. Examples of reasonable steps include: a. Directing, on a one-time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or b. Controlling access to alcohol and alcoholic beverages; or c. Checking identification of attendees to determine age; or d. Supervising the activities of underage persons at the gathering, either in person or through a responsible adult. Subd. 3. A person is not criminally responsible under this chapter if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does • 612-3 2013 S-8 612.03 Shorewood - Public Safety 612.04 not know that an underage person will be or is likely to be present. However, if a person • has the knowledge specified in subdivision 1 above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. Subd. 4. A person is criminally responsible for violating Subd. 1. above if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act. (Ord. 498, passed 8-27-2012) 612.04 EXCEPTIONS. Subd. 1. This chapter does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. Subd. 2. This chapter does not apply to a legally protected religious observance. Subd. 3. This chapter does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Subd. 4. This chapter does not apply to the holder of a liquor license issued under Chapter 401 of • this code, but it does apply to a person who hosts a gathering at such a liquor establishment. (Ord. 498, passed 8-27-2012) 612-4 2013 S-8 • TITLE 700 ANIMAL REGULATIONS Subject Chapter Dogs 701 • Horses and Ponies 702 Hunting and Trapping Animals 703 Prohibition on Feeding Deer 704 Farm and Other Animals 705 ill 700-1 2013 S-8 Shorewood - Animal Regulations • • • 700-2 • CHAPTER 704 PROHIBITION ON FEEDING DEER Section 704.01 Purpose 704.02 Prohibition on supplemental deer feeding 704.03 Exemptions from provisions 704.04 Violation 704.01 PURPOSE. It is hereby determined that an increasing population of deer within the city poses a threat to public safety by increasing the likelihood of deer-vehicle collisions, and the transmission of diseases to humans from deer; poses a threat to native plant and animal life by excessive foraging which disturbs natural • ecological balances; and poses a threat to the quality of life by deer-related damage to landscaping and vegetable gardens. This chapter is intended to reduce these threats by restricting supplemental feeding of deer, which results in unnatural concentrations of deer and can affect the normal movement of deer within the community. It is not the intent of this chapter to regulate the recreational feeding of birds. (Ord. 478, passed 8-22-2011) 704.02 PROHIBITION ON SUPPLEMENTAL DEER FEEDING. No resident may place or permit to be placed on the ground, or within five feet of the ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, seeds, hay or other edible materials which may reasonably be expected to intentionally result in deer feeding,unless such items are screened or protected in a manner that prevents deer from feeding on them. Living fruit trees and other live vegetation shall not be considered as supplemental deer feeding. (Ord. 478, passed 8-22-2011) 704.03 EXEMPTIONS FROM PROVISIONS. The prohibition described in § 704.02, above shall not apply to: 704-1 2012 S-7 704.03 Shorewood - Animal Regulations 704.04 411/ Subd. 1. Veterinarians, city animal control officials or county, state or federal game officials who are in the course of their duties and have deer in their custody or under their management; Subd. 2. Persons authorized by the City of Shorewood to implement the Deer Management Program approved by the City Council; or Subd. 3. Any food placed upon the property for purposes of trapping or otherwise taking deer where such trapping or taking is pursuant to a permit issued by the Minnesota Department of Natural Resources. (Ord. 478, passed 8-22-2011) 704.04 VIOLATION. Any person who violates any of the provisions of this chapter shall be deemed guilty of a Class A Offense, pursuant to § 104.03 of this code. (Ord. 478, passed 8-22-2011) • • 704-2 2013 S-8 Repl. • CHAPTER 705 FARM AND OTHER ANIMALS Section 705.01 Purpose 705.02 Definitions 705.03 Enforcement 705.04 Right of entry 705.05 Impounding of animals 705.06 Health and maintenance standards 705.07 Wild animals 705.08 Forfeiture of animal ownership rights 705.09 Farm animals 705.10 Penalty 705.01 PURPOSE. The purpose of this chapter is to establish regulations and controls regarding the keeping of animals other than domestic pets, such as dogs and cats, within the city limits. (Ord. 493, passed 3-12-2012) 705.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CITY PERSONNEL. The Chief of Police, the health authority, their designees, and other personnel assisting in the enforcement of this chapter. MALTREATED ANIMAL. An animal that has not been given adequate food, water or proper shelter from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment, or that has been subjected to the conduct prohibited by M.S. § 343.21. • 705-1 2013 S-8 705.02 Shorewood - Animal Regulations 705.02 • NUISANCE ANIMAL. An animal, conditions caused by an animal, or the improper care and maintenance of an animal that result in running at large, offensive odor, excessive noise or damage to property, so as to disturb the rights of or threaten the safety of a member of the general public, or interfere with the ordinary use and enjoyment of their property. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept are considered an OWNER or OWNERS. PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. RURAL FARM ANIMAL. Cattle, mules, sheep, goats, swine, llamas, ostriches, emus, and including, but not limited to, other animals typically maintained in a farm setting, but not in an urban setting. UNDER RESTRAINT. An animal being within a private motor vehicle of a person owning, harboring or keeping the animal; or controlled by a leash not exceeding six feet in length. URBAN FARM ANIMAL. Ducks, geese, turkeys, chickens, guinea hens, bees and rabbits. • VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. Front-fanged venomous snakes, including the Viperidae and Elapidae families of snakes, such as rattlesnakes and cobras; b. Snakes over eight feet in length; c. Reptiles that have the physical ability as adults to cause substantial bodily injury, as defined in M.S. § 609.02, Subd. 7a, to humans and/or domestic animals, such as python snakes and crocodilians; d. Animals that can transmit rabies and cannot be vaccinated against rabies; e. Mammals that, as a breed, are considered wild by nature because of breeding, history, character, habit or disposition; and 705-2 2013 S-8 705.02 Farm and Other Animals 705.05 • f. Mammals that have at least 25% of their her i tage from mammals specified in paragraph e. above. g. Specifically, such animals as a wolf, fox, skunk, raccoon,mink, bobcat, deer and monkey, but not including a fish, bird, ferret, hamster or gerbil. (Ord. 493, passed 3-12-2012) 705.03 ENFORCEMENT. The Chief of Police or designees will enforce the provisions of this chapter, with the assistance of other personnel when appropriate. (Ord. 493, passed 3-12-2012) 705.04 RIGHT OF ENTRY. Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose 40. of discharging their duties imposed by this chapter, when there is reasonable belief that a violation of this chapter has been committed. (Ord. 493, passed 3-12-2012) 705.05 IMPOUNDING OF ANIMALS. Subd. 1. Seizure and impoundment. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a. They have a reasonable and immediate concern for the animal's health, safety or welfare; b. They have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or c. They have reasonable cause to believe that a violation of this chapter has occurred or is occurring, and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. • 705-3 2013 S-8 705.05 Shorewood - Animal Regulations 705.06 41110 Subd. 2. Interference. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. Subd. 3. Cost of impoundment. The animal owner is responsible for the costs of impounding and housing an impounded animal. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 705.06 HEALTH AND MAINTENANCE STANDARDS. Subd. 1. Health standards. The owner of an animal kept in the city must comply with the following standards. a. An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow and temperatures below 50°F. b. The shelter must include a moisture-proof and windproof structure of suitable size to allow the animal to stand in an upright position, and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat, with a solid floor raised at least two • inches from the ground, and an entrance covered by a flexible windproof material or self-closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness, and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. c. In lieu of the requirements of paragraphs a. and b., an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding, and protection against cold and dampness. d. If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved, and must be attached to the animal by means of a well-fitted collar. The collar must be large enough to allow free breathing, but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal, as measured from the tip of its nose to the base of its tail. e. An animal must be provided with sufficient food and water to meet necessary nutritional requirements. 705-4 2013 S-8 705.06 Farm and Other Animals 705.07 • f. No person shall deposit or cause to be deposited upon any lot or in any street, alley, lake, river or other body of water, sewer or manhole, or bury or conceal in any way, a dead animal or part thereof. The owner or other person having charge of an animal at the time of its death shall remove or cause to be removed the dead body of such animal within 24 hours after death to a crematory, sanitary landfill, rendering factory or any other place approved by the Chief of Police or his or her designee. Subd. 2. Maintenance standards. An owner of an animal kept in the city must comply with the standards below. An action to enforce the provisions of this chapter shall follow the procedures set forth in Chapter 104 of this code. a. An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. b. An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal onto adjacent properties or into public waters or wetlands. c. An owner must manage the feces and other bodily wastes from the animal in a timely and • sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph a. above. d. All feed kept for animals shall be stored in animal-proof, galvanized containers. Subd. 3. Veterinary clinic with indoor overnight care and indoor kennels. In addition to the standards established under Subd. 1. above, veterinary clinics with indoor care and indoor kennels, where allowed by zoning, must comply with Minn. Rules Chapter 9100, as may be amended. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 705.07 WILD ANIMALS. Subd. 1. Wild animals prohibited. A person must not keep, own, harbor or otherwise possess a wild animal within the city, except as provided in Subd. 2. below. Subd. 2. Wild animals allowed. Wild animals may be brought into the city for the purpose of entertainment, education or display only by the following: a. A zoo operated by a governmental agency or a tax-exempt, non-profit corporation; • 705-5 2013 S-8 705.07 Shorewood - Animal Regulations 705.07 b. The Department of Natural Resources; • c. Another similar public educational or charitable organization; d. A circus; or e. A city-licensed pet shop. An organization listed above may bring a wild animal or animals into the city under this subdivision only if the organization can and does comply with the standards contained in Subd. 3. below. No organization covered by this subdivision may have wild animals within the city on more than seven days in a consecutive 12-month period, except that an organization listed above that has a wild animal within the city on the effective date of this section may continue to keep that animal as long as it lives, if the organization obtains a permit from the city and complies with the standards specified in Subd. 3. below. Subd. 3. Standards for keeping of wild animals. An organization that has a wild animal must comply with the following standards at all times that it possesses a wild animal within the city. a. A non-governmental organization must have liability insurance to cover potential personal injury or property damage caused by the animal(s), in an amount of at least $300,000 per • person per occurrence. b. The animal(s)must be kept in a locked cage or other secure enclosure at all times when the public is allowed to be near it(them). c. The cage or enclosure must be constructed of sufficient materials so that a person, including a child, cannot put a finger, hand or another portion of the body into the cage or enclosure so that the animal(s) could touch it. Alternatively, structural barriers may be used to keep the public away from the cage or enclosure. d. Only personnel with adequate training or experience in handling wild animals may have contact with the animal(s) while in the city. e. The animal(s) must be transported to the display location in the city in a secure enclosure sufficient to prohibit potential contact with humans or other animals, except for the personnel identified under paragraph d. above. f. No sale of a wild animal(s) may occur, nor may orders for the sale of wild animals be taken. • 705-6 2013 S-8 705.07 Farm and Other Animals 705.08 • g. The display location must be inspected by authorized cit y p ersonnel before the wild animal(s) may be brought into the city. h. Authorized city personnel must be allowed to periodically inspect the display location during reasonable hours while the animal(s) is(are) in the city. i. If a wild animal bites a person, the animal must be forfeited immediately to authorized city personnel for rabies testing. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 705.08 FORFEITURE OF ANIMAL OWNERSHIP RIGHTS. Subd. 1. Forfeiture of rights. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. A public nuisance animal; b. A wild animal; and • c. A maltreated animal. In addition, the ownership rights with respect to other animals owned by the same owner may be forfeited if he or she has demonstrated an inability or unwillingness to properly care for or control such animals, in order to prevent any of them from becoming public nuisance or maltreated animals. Subd. 2. Notice. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his or her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. The notice must state that the owner has a right, within ten days after receiving the notice, to request a hearing before a Hearing Officer appointed under City Code Chapter 104. The request for a hearing must be in writing and must state the reason or reasons for the request. A failure to request the hearing will constitute an admission of the facts alleged in the notice, and the animal will be deemed forfeited to the city. Subd. 3. Findings of fact. If the owner requests a hearing, the hearing will be held in accordance with City Code Chapter 104. The Hearing Officer must make written findings of fact and reach a conclusion whether the allegations are true and whether the animal will be forfeited to the city. The findings and conclusions must be made within ten working days after the • 705-7 2013 S-8 705.08 Shorewood - Animal Regulations 705.09 411 hearing and must be served on the owner personally or by registered mail. The decision of the Hearing Officer is final, but may be appealed by a writ of certiorari to the District Court. Subd. 4. Animal confinement. After receiving the forfeiture notice and during the forfeiture proceedings, the owner must keep the subject animal confined within his or her home or within a secure, covered enclosure. If the owner fails to do so, or if there is an immediate threat to public health or safety or to the animal's health or safety, authorized city personnel may immediately impound the animal and keep it at the impound facility, at the owner's expense, until a forfeiture determination has been made. Subd. 5. Forfeiture. If the animal is deemed or ordered forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. Subd. 6. Disposition of forfeited animal. Authorized city personnel will determine, on a case-by-case basis, whether forfeited animals are destroyed or given to new owners who will adequately care for and control them. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 • 705.09 FARM ANIMALS. Subd. 1. Rural farm animals. Unless otherwise provided for, a person shall not keep, own, harbor or otherwise possess a rural farm animal within the city. Subd. 2. Urban farm animals. A person may own, keep, harbor or otherwise possess urban farm animals within the city in accordance with the provisions of this section. a. An urban farm animal may only be kept in the buildable area of the rear yard of the property, as defined by the Zoning Code. b. An urban farm animal that is kept outside must be provided a shelter structure of appropriate size, that is accessible to the animal at all times as provided in § 704.06, Subd. 1. of this chapter. The shelter structure and confinement areas shall be adequately screened to the satisfaction of neighboring property owners, as provided in § 705.09, Subd. 2.j.(2). Screening may be achieved by fencing or landscaping, or a combination of both. c. The urban farm animal must be contained on the property by the use of a fence or other appropriate containment device or structure. • 705-8 2013 S-8 705.09 Farm and Other Animals 705.09 d. Roosters are not allowed. e. An urban farm animal must not be kept on residentially-zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned property. f. The ground or floor of the area where an urban farm animal is kept must be covered with vegetation, concrete or other surface approved by the Planning Department, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors, in compliance with § 704.06, Subd. 2.a. and c. of this chapter. g. The number of chickens, ducks, geese, turkeys, guinea hens, or rabbits shall not exceed six. h. The number of bee hives shall not exceed four. i. Any person having more than the allowable number of animals set forth in paragraphs g. and h. above, at the time of the adoption of this chapter, shall not replace animals in excess of those limitations. j. Permit issuance;fees. (1) No urban farm animal may be kept in the city until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official. No permit shall be granted until the necessary fee has been paid, and until the Building Official or staff representative has made an inspection of the property, and has ascertained that the premises comply with all requirements of this chapter. Detailed plans and specifications, accurate and drawn to scale, must be submitted with the application, including, but not limited to, the following: (a) Site plan showing the location and setbacks of existing and proposed buildings, fences and structures on the subject property. (b) Architectural plans showing floor plans, building elevations and dimensions. (c) Landscaping plan showing how the shelter structure and confinement areas will be screened from adjoining properties. (2) The applicant for any permit required under the provisions of this chapter shall provide with the application, the written consent of 75% of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being requested, or, in the alternative, proof that the 705-9 2013 S-8 705.09 Shorewood - Animal Regulations 705.10 • applicant's property s p operty lines are 150 feet or more from any structure. Where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need only obtain the written consent of the owner or manager, or other person in charge of the building. (3) Fees. (a) The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits, and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid. (b) The City Council shall, from time to time, establish a fee schedule by ordinance. (Ord. 493, passed 3-12-2012) Penalty, see § 104.01 705.10 PENALTY. Violation of this chapter shall be grounds for administrative enforcement pursuant to § 104.03 of this code. (Ord. 493, passed 3-12-2012) • 705-10 2013 S-8 • CHAPTER 902 PUBLIC PARKS AND RECREATION AREAS Section 902.01 Purpose 902.02 General regulations and rules of conduct 902.03 Animals in park and recreation areas 902.04 Vehicle restrictions 902.05 Additional rules for use of park and recreation facilities 902.06 Use of recreational facilities by athletic associations 902.07 Discrimination in parks 902.08 Inspections for aquatic invasive species 902.09 Application of provisions to city employees 902.10 Administrative rules and regulations 902.11 Violation 902.01 PURPOSE. The purpose of this chapter is to regulate the use of and to provide uniform rules of conduct for city parks and recreational areas in the city. (1987 Code, § 902.01) 902.02 GENERAL REGULATIONS AND RULES OF CONDUCT. No person in a city park or recreation area shall: Subd. 1. Closing hours. Enter or remain in any park between the hours of 10:30 p.m. and 6:00 a.m. unless the person is participating in an organized activity authorized by the city; Subd. 2. Overnight use. Set up any tent, shack or other temporary shelter in any park, nor shall any person leave any property, including, but not limited to, vehicles, campers and trailers in any park between the hours of 10:30 p.m. and 6:00 a.m. without the written permission of the City Administrator/Clerk; i 902-1 902.02 Shorewood - Public Right-of-Way and Property 902.02 • Subd. 3. Tampering with city property. Deface, destroy, tamper with, injure or remove any city property, including, but not limited to furniture, structures, vegetation, signs or soils; Subd. 4. Littering. Scatter or litter the grounds or any lake, pond or watercourse within or draining into a park with any form of trash, but shall place the material in the proper receptacles where these are provided. Where receptacles are not provided, all the trash shall be carried away from the area by the person responsible for its presence; Subd. 5. Fires. Start a fire, except a small fire for cooking purposes in a designated area and then only in a fire ring, grill or portable stove or fail to fully extinguish a fire; Subd. 6. Sales. Sell or conduct any commercial enterprise unless authorized by written permit from the City Council; Subd. 7. Handbills and advertisements. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars or announcements of any kind for a commercial purpose, unless authorized by written permit from the City Council; Subd. 8. Gamble; Subd. 9. Liquor. Use or bring alcoholic beverages, including beer; Subd. 10. Drugs. Use or bring illegal drugs; Subd. 11. Glass containers. Bring any glass containers; Subd. 12. Use of restrooms. If over five years of age, use any restroom or washroom designated for use by the opposite sex; Subd. 13. Weapons and fireworks. Without a state permit,bring any firearms, air rifle, BB gun, sling shot, explosives, fireworks or devices capable of discharging blank ammunition into any park; Subd. 14. Use of toys and equipment. Ride, propel or use any equipment or toy in any public park in a manner as to interfere with or endanger any pedestrian; Subd. 15. Improper conduct. Appear nude, commit any nuisance or use threatening, abusive, insulting, obscene or indecent language or act in an indecent, lascivious or improper manner or do any act which constitutes a breach of the public peace; Subd. 16. Harassment. Harass any visitor or behave in a reckless manner which would endanger any visitor's property; • 902-2 902.05 Public Parks and Recreation Areas 902.06 • b. No hockey sticks or pucks shall be allowed in the "free skating" area. (1987 Code, § 902.05) (Ord. 140, passed 2-14-1983; Am. Ord. 164, passed 3-11-1985) Penalty, see § 104.01 902.06 USE OF RECREATIONAL FACILITIES BY ATHLETIC ASSOCIATIONS. Subd. 1. Purpose. The purpose of this section is to provide for an orderly method of the use of public recreational facilities in the city and to insure that the use by participants is with the required safety equipment and permitting the city to recover a portion of the cost of maintenance of the facilities. Subd. 2. Authority to contract for use. The city is authorized to enter a contract providing for the exclusive use of its recreational facilities for set periods of time with athletic associations and other nonprofit groups; provided, that the use does not entirely exclude the general public from making use of the facilities. Subd. 3. Fees. The City Council is authorized to determine an appropriate fee to be charged for exclusive use, which fees shall be used solely for development and maintenance of the • parks and recreational facilities of the city. All sports organizations that make exclusive use of recreational facilities in Shorewood shall pay a fee as specified in Chapter 1301 of this code to compensate for their exclusive use of these recreational facilities. Subd. 4. Insurance required. As a condition for exclusive use,the athletic association or other group shall be required to provide the city with copies of insurance policies covering medical and accident insurance for participants. Subd. 5. Conditions of contract. a. Safety equipment. It shall be the responsibility of the sponsoring athletic organizations to require participants under the age of 19 to wear proper protective equipment. b. Additional conditions. The contract shall contain the other provisions as the City Council deems necessary for the protection of the participants and the public interest. Subd. 6. Prohibited acts and conditions. a. It shall be unlawful for any person, group or athletic association to use park facilities in the city for athletic events scheduled by the association without the association having previously entered into a contract with the city for use of the park facility. • 902-5 902.06 Shorewood - Public Right-of-Way and Property 902.08 • b. The en g eral public shall not be allowed to use or occupy any athletic field, rink or area during those times the field, rink or area is scheduled for authorized use by the athletic associations. Any person who shall violate this subsection shall be deemed guilty of a misdemeanor. Subd. 7. Violation. Unless otherwise provided for herein, any person who shall violate any of the provisions of this section shall be guilty of a petty misdemeanor. (1987 Code, § 902.06) (Ord. 12, passed 10-6-1980; Ord. 123, passed 10-6-1980; Ord. 140, passed 2-14-1983; Ord. 310, passed 2-12-1996; Am. Ord. 365, passed 8-14-2000) Penalty, see § 104.01 902.07 DISCRIMINATION IN PARKS. No person involved in any event or in any use of the parks or recreation areas, including, but not limited to, sponsors of teams, shall deny another person access to, admission to, utilization of or benefit from any event or use because of race, age, sex, color, creed, religion or national origin. (1987 Code, § 902.07) 902.08 INSPECTIONS FOR AQ UATIC INVASIVE SPECIES. • Subd. 1. Purpose and intent. The city finds that the uncontrolled spread of aquatic invasive species ("AIS")poses an imminent and irrevocable threat to the water resources, property values, enjoyment and habitability of the community. Pursuant to M.S. Chapter 84D, the city has adopted mandatory inspection of AIS as a reasonable measure to contain the spread of AIS within the community. Subd. 2. Compliance mandatory inspection. The city does hereby require inspection of water-related equipment for prohibited aquatic invasive species, as defined in Minn. Rules Part 6216.0250, prior to entering public waters of the state within the corporate limits of the city. A person who fails to comply with the mandatory inspection of water-related equipment, as provided by this section adopted in compliance with M.S. § 84D.105, and introduces water-related equipment at the point of public access to public waters shall be guilty of a misdemeanor subject to the penal provisions set forth in M.S. § 609.02. (Ord. 495, passed 6-11-2013) S 902-6 2013 S-8 902.09 Public Parks and Recreation Areas 902.11 • 902.09 APPLICATION F O PROVISIONS TO CITY EMPLOYEES. Nothing in this chapter shall prevent city employees, including law enforcement officers, from performing their assigned duties. (1987 Code, § 902.08) 902.10 ADMINISTRATIVE RULES AND REGULATIONS. The City Council shall have the right to issue additional administrative rules and regulations relative to, but not conflicting with, this chapter. No person shall violate the rules or regulations, and any violation may be subject to the penalties of this chapter. (1987 Code, § 902.09) 902.11 VIOLATION. Any person who shall violate any provisions of this chapter shall be deemed guilty of a fpmisdemeanor, unless otherwise specified. (1987 Code, § 902.10) (Ord. 140, passed 2-14-1983) Penalty, see § 104.01 • 902-6A 2013 S-8 Shorewood - Public Right-of-Way and Property • • • 902-6B CHAPTER 1201 ZONING REGULATIONS Section 1201.01 Title and application 1201.02 Definitions 1201.03 General provisions 1201.04 Administration, amendments and conditional use permits 1201.05 Administration, variances and appeals 1201.06 Administration, planned unit development 1201.07 Administration, certificate of occupancy 1201.08 Enforcement and penalties 1201.09 Establishment of zoning classifications 1201.10 R-1A, Single-Family Residential District 1201.11 R-1B, Single-Family Residential District 1201.12 R-1C, Single-Family Residential District 1201.13 R-1D, Single-Family Residential District 1201.14 R-2A, Single and Two-Family Residential District 1201.15 R-2B, Single and Two-Family Residential District 1201.16 R-2C, Single and Two-Family Residential District 1201.17 R-3A, Multiple-Family Residential District 1201.18 R-3B, Multiple-Family Residential District 1201.19 R-C, Residential/Commercial District 1201.20 Reserved for future use 1201.21 Reserved for future use 1201.22 C-1, General Commercial District 1201.23 C-2, Commercial Service District 1201.24 L-R, Lakeshore Recreational District 1201.25 P.U.D., Planned Unit Development District 1201.26 S, Shoreland District 1201.01 TITLE AND APPLICATION. Subd. 1. Title. This chapter shall be known as the "Shorewood Zoning Ordinance" except as referred to herein, where it shall be known as "this chapter." • 1201-1 2007 S-2 Repl. 1201.01 Shorewood - Zoning and Subdivision Regulations 1201.01 Subd. 2. Intent and purpose. The intent of this chapter is to protect the public health, safety and • general welfare of the community and its people through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to the zoning ordinance. Subd. 3. Relation to Comprehensive Plan. It is the policy of the City of Shorewood that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the City Council of the city. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth. Subd. 4. Application of requirements. a. Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance,rule or regulation of the city the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein. b. Minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. Subd. 5. Conformance. Except as provided herein, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter. Subd. 6. Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such • case, the City Council, on its own initiative or upon request, may conduct a study to 1201-2 2013 S-8 1201.01 Zoning Regulations 1201.01 determine if the use is acceptable and if so what zoning district would be most appropriate P g and make a determination as to conditions and standards relating to development of the use. The City Council or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city. Subd. 7. Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction: a. The singular number includes the plural, and the plural the singular; b. The present tense includes the past and the future tenses, and the future the present; c. The word SHALL is mandatory while the word MAY is permissive; d. The masculine gender includes the feminine and neuter; e. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof; f. All measured distances expressed in feet shall be the nearest tenth of a foot. Subd. 8. Separability. It is declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following: a. Other parts of this chapter. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment; b. Application to other party. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. Subd. 9. Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363. Subd. 10. Comprehensive revision. The Council intends this chapter to be a comprehensive revision to the Shorewood Zoning Ordinance, as amended. Except as otherwise provided herein, • the provisions of this chapter are not intended to alter, diminish or increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense 1201-3 2013 S-8 1201,01 Shorewood - Zoning and Subdivision Regulations 1201.02 committed or rights accruing or accrued or liability or penalty ty incurred or imposed prior to the effective date of this chapter is not affected by its enactment. Subd. 11. Repeal. Ordinances 8, 15, 22, 31, 43, 50, 61, 69, 77, 94, 99, 104, 106, 107, 108, 110, 111, 116, 122, 126, 134, 137, 138, 141, 142, 144, 145, 148, 149, 150, 151, 152, 153, 159, 160, 168, 171, 174 and 177 are hereby repealed and replaced by this chapter. (1987 Code, § 1201.01) 1201.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY APARTMENT. A small apartment that meets the standards of§ 1201.03, Subd. 22. of this code, and is located within and is subordinate to an owner-occupied, single-family dwelling. An ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully independent living. ACCESSORY BUILDING OR USE. A subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use. AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry. ANTENNA SUPPORT STRUCTURE. A building, water tower or other structure, except a tower, which can be used for location of telecommunications facilities. APARTMENT. A room or suite of rooms, located in a building containing three or more similar units, which is designed for, intended for or occupied as a residence by a single family or an individual and is equipped with cooking and sanitation facilities. (See DWELLING - MULTIPLE- FAMILY.) AQUIFER RECHARGE AREAS. All land surface areas which by nature of their surface and/or subsurface characteristics are determined to contribute to the replenishment of subsurface water supplies. AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or • repair; painting; vehicle steam cleaning. 1201-4 2013 S-8 1201.02 Zoning Regulations 1201.02 • MASSAGE THERAPIST. A person, other than a person licensed as a medical doctor, chiropractor,osteopath, podiatrist, licensed nurse,physical therapist, athletic director or trainer, or beautician or barber who confine his or her treatment to the scalp, face and neck; who for compensation practices and provides massage therapy; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile. MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, and including minor accessories and services for motor vehicles, but not including major repairs and rebuilding. Commonly known as GAS STATION. • NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration, collect, store and channel surface water runoff. NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot. NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter. NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrian. NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute care facility, but who require nursing supervision on an inpatient basis. NURSING HOME (REST HOME). A building having accommodations where nursing care is • provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons 1201-13 2013 S-8 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar • institutions. OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting merchandise and for the storing of same prior to sale. ORDINARY HIGH WATER LEVEL(O.H.W.L.). The boundary of public waters and wetlands which is described as an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or above grade. PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress and egress of an automobile. PARKING STALL. (See PARKING SPACE.) • PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (of any) of the districts. PERSON. An individual, firm,partnership, association,corporation or organization of any kind. PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building. PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this code, where a property owner proposes to use the subject property in a reasonable manner not permitted by the code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional. • 1201-14 2013 S-8 1201.02 Zoning Regulations 1201.02 • TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures. TELECOMMUNICATIONS FACILITIES. Cables,wires, lines,wave guides,antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include: a. A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district; b. A satellite earth station antenna one meter in diameter or less, wherever located. TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities. STOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures. UPLAND. All lands at an elevation above the normal high water mark. USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space. USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter. VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subject property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of 1201-21 2012 S-7 1201.02 Shorewood - Zoning and Subdivision Regulations 1201.02 • the actions of the property owner or previous property owner, compliance with the code would result in practical difficulties as defined herein. VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics. VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable. WATER BODY. A body of water (lake, pond)in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land. WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently. WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39(1971 Edition)or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code). YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified • in the yard regulations for the zoning district in which the lot is located. YARD DEPTH-REAR. The mean horizontal distance between the rear line of the building and the rear lot line. YARD-FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE-FRONT.) YARD-REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR.) YARD- SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard. ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines. (1987 Code, § 1201.02) (Ord. 180,passed 5-19-1986; Am. Ord. 242,passed 8-26-1991; Am. Ord. 243, passed 9-9-1991; Am. Ord. 261, passed 11-30-1992; Am. Ord. 321, passed 5-12-1997; Am. Ord. 345, passed 10-26-1998; Am. Ord. 373-a, passed 7-23-2001; Am. Ord. 389, passed 8-12-2002; Am. Ord. 419,passed 1-23-2006; Am. Ord. 431,passed 11-27-2006; Am. Ord. 459,passed 6-22-2009; Am. Ord. 485, passed 11-14-2011; Am. Ord. 487, passed 11-28-2011; Am. Ord. 492, passed 3-12-2012; Am. • Ord. 499, passed 9-10-2012) 1201-22 2013 S-8 1201.03 Zoning Regulations 1201.03 (2) For a detached, single-family, two-family or townhouse dwelling in any residential zoning district, ramps and other devices for access to buildings and sites by disabled persons, in compliance with the Americans with Disabilities Act, may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of not less than five feet shall be maintained. For a detached, single-family, two-family or townhouse dwelling constructed prior to May 19, 1986: (a) A one-story, enclosed entrance may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width. (b) A one-story, open portico may extend into the front yard setback not more than four feet, provided: (i) The length of the portico shall not exceed 50% of the width of the silhouette of the building, excluding eaves, as 411 viewed from the street; and (ii) This area shall not be enclosed nor screened with mesh, glass or other similar material, except for guardrails no higher than 42 inches and at least 60% open. (3) Terraces, steps, stoops or similar features, but not including porches or balconies in front or rear yards, provided they don't extend above the entrance floor level of the building or more than four and one-half feet into the required yard. (4) Laundry drying and recreational equipment, arbors, trellises, air conditioning or heating equipment in rear yards to a point no closer than five feet from any lot line. (5) One detached accessory building not exceeding eight feet in height, nor 100 square feet in area in the rear yard to a point no closer than five feet from any lot line. (6) The minimum rear yard setback for swimming pools shall be 60% of that which is required for the zoning district in which the pool is located. No part of any pool, including guardrails, shall exceed six feet above grade • 1201-43 2013 S-8 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 in height. Decking, patios and pool aprons shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore lots shall be as provided in § 1201.26 of this chapter. (7) For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided, that it is located within an approved driveway, it does not take up required parking space as provided in subdivision 5h of this section, it is currently licensed and operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot. (8) For cemeteries, grave sites may be located within front yards and side yards abutting streets, no closer than 15 feet from the public right-of-way. Monuments for grave sites within front yards or side yards abutting streets shall be limited to headstones flush with the ground. (9) Storage of trash receptacles for single-family and two-family dwellings may extend into a required front yard setback or required side yard setback abutting a street no more than five feet. Trash receptacles may be placed adjacent to the street, 12 hours prior to the designated refuse collection day, and must be removed no later than 12 hours after the designated refuse collection day. d. Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this chapter. Subd. 4. General area and building size regulations. a. Purpose. This section identifies general area and building size requirements and exceptions to general height requirements in each zoning district. b. Useable open space. Each multiple-family dwelling site shall contain at least 500 square feet of useable open space as defined in § 1201.02 of this chapter for each dwelling unit contained thereon. c. Height. • 1201-44 2013 S-8 1201.03 Zoning Regulations 1201.03 • (1) The building height limits established herein for districts shall not apply ( ) g g PP Y to the following: (a) Belfries; (b) Chimneys or flues; (c) Church spires; (d) Cooling towers, mechanical and air conditioning equipment when screened from view; (e) Cupolas and domes which do not contain useable space; (0 Elevator penthouses; (g) Flagpoles; (h) Monuments; • (i) Parapet walls extending not more than three feet above the limiting height of the building; (j) Water towers; (k) Poles, towers and other structures for essential services subject to subdivision 10 of this section; (1) Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that: • 1201-44A 2013 S-8 Shorewood - Zoning and Subdivision Regulations • • • 1201-44B 1201.03 Zoning Regulations 1201.03 • (e) In the case of a request for modification of the maximum height ( ) q g limit, that the modification is necessary to: (i) Facilities co-location of telecommunications facilities in order to avoid construction of a new tower; or (ii) To meet the coverage requirements of the applicant's wireless communications system,which requirements must be documented with written, technical evidence from an engineer. (23) Failure to comply. (a) If the permittee fails to comply with any of the terms imposed by the conditional use permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. (b) Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by: • (i) Written notice to the permittee of the alleged violation; (ii) The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice; and (iii) A hearing before the City Council at least 15 days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. (c) If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and shall provide a post-revocation hearing before the City Council not more than 15 days after permittee's receipt of written notice of the hearing. Following the hearing, the City Council may sustain or rescind the revocation or may impose the other and further discipline as it deems appropriate. (d) Any decision to impose a penalty or other discipline shall be in • writing and supported by substantial evidence contained in a written record. 1201-85 2013 S-8 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 Subd. 22. Accessory apartments. S a. Purpose. The purpose of allowing and regulating accessory apartments in single-family dwellings is to: (1) Increase the diversity of housing options for residents; (2) Encourage better utilization of existing housing stock; (3) Protect the safety of residents and the stability, property value and character of residential neighborhoods. b. Conditional use. Accessory apartments shall be allowed by conditional use permit in the following zoning districts: R-1 A, R-1B, R-1C, R-1D, R-2A, R-2B, R-2C and in the planned unit developments that allow single-family residential dwellings. c. Standards. Accessory apartments are subject to the provisions of§ 1201.04 of this code. In addition, the following standards shall apply: (1) The accessory apartment shall be clearly a subordinate part of the single-family dwelling. In no case shall the accessory apartment be more than 40% of the building's total floor area, nor have more than two bedrooms. (2) The principal unit shall have at least 700 square feet of living space remaining after creation of the accessory apartment, exclusive of garage area. Accessory apartments shall have at least 475 square feet of living space. Living space square footage for the accessory apartment shall be exclusive of utility rooms, common hallways, entryways or garages. At minimum, living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (3) No front entrances shall be added to the house as a result of the accessory apartment permit. (4) An addition to the original building is permitted, provided that the addition does not increase the floor area or volume of the original building by more than 20%, and the addition will not alter the character of the building. (5) The owner of the residence in which the accessory apartment is located shall occupy the dwelling unit itself or the accessory apartment. (6) Occupancy of the accessory apartment shall be limited to persons related by blood, marriage or adoption to the owner of the residence. In cases • 1201-86 2013 S-8 1201,03 Zoning Regulations 1201.03 where the accessory apartment is occupied by the owner, occupancy of the dwelling unit itself shall be limited to persons related to the owner by blood, marriage or adoption. Exception: the occupancy limitations stated herein shall not apply to one adult, live-in care-provider serving the needs of the primary occupant(s), provided that, if the care-provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator. (7) The owner of the single-family residence shall enter into a residential use agreement with the city, stipulating that the home will not be used except for single-family residential purposes, and that the accessory apartment shall not be rented out in the future to anyone not related by blood, marriage or adoption to the owner. Prior to occupancy of the accessory apartment, the owner shall provide evidence to the city that the residential use agreement has been recorded with the county. (8) Any property for which an accessory apartment is proposed shall have, at minimum, three off-street parking spaces, two of which must be enclosed. Any parking provided pursuant to this section shall be located in a garage or an approved driveway. (9) The accessory apartment and principal unit must meet the applicable • standards and requirements of the Building Code, Fire Code and the Rental Housing Code. (10) The building and property shall remain in single ownership and title, and shall only have one mailing address. (11) Only one accessory apartment permit may be issued per detached single-family home. (1987 Code, § 1201.03) (Ord. 168, passed 6-24-1985; Ord. 171, passed 8-12-1985; Ord. 180, passed 5-19-1986; Ord. 188, passed 11-24-1986; Ord. 208, passed 4-11-1988; Ord. 214, passed 5-22-1989; Ord. 226,passed 6-11-1990; Ord. 227,passed 6-11-1990; Ord. 243, passed 9-9-1991; Ord. 261, passed 11-30-1992; Ord. 270, passed 2-22-1993; Ord. 275, passed 5-24-1993; Ord. 276, passed 6-14-1993; Ord. 289, passed 3-28-1994; Ord. 291, passed 5-9-1994; Ord. 321, passed 5-12-1997; Ord. 323, passed 10-26-1997; Ord. 343, passed 9-28-1998; Ord. 345, passed 10-26-1998; Ord. 361, passed 2-14-2000; Ord. 371, passed 5-29-2001; Ord. 374, passed 12-10-2001; Ord. 375, passed 12-10-2001; Ord. 379, passed 2-11-2002; Ord. 392, passed 1-27-2003; Ord. 396, passed 7-28-2003; Ord. 410, passed 12-13-2004; Ord. 413, passed 2-28-2005; Ord. 419, passed 1-23-2006; Ord. 420, passed 2-13-2006; Ord. 427,passed 7-24-2006; Ord. 431,passed 11-27-2006; Am. Ord. 433,passed 1-22-2007; Am. Ord. 459, passed 6-22-2009; Am. Ord. 462, passed 8-24-2009; Am. Ord. 467, passed 5-24-2010; Am. Ord. 472, passed 12-13-2010; .Am. Ord. 473, passed 12-13-2010; Am. Ord. 474, passed 2-28-2011; Am. Ord. 481, passed 9-26-2011; Am. Ord. 487,passed 11-28-2011; Am. Ord. 492,passed 3-12-2012; Am. illOrd. 499, passed 9-10-2012) 1201-86A 2013 S-8 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.04 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. • Subd. 1. Procedure. a. Application. Requests for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use and a mailing list of property owners located within 500 feet of the subject property obtained from and certified by Hennepin County. b. Staff review/technical assistance reports. Upon receipt of an application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons • 1201-86B 2013 S-8 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 410 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses Recreational fire permit 501.03 No charge Open burning permit 501.03 $100 per site Boat docks and boat storage 304.05 $35 facility license Tobacco retailer license 302 $250/premise Tobacco administrative fines: Tobacco licensees in violation $75/first offense $200/second offense in 24-month period $250/thereafter within 24-month period Other individuals in tobacco violation $50 per offense Adult use license 309 Investigative fee $500 Adult use facility license $1,675 + $50/video booth or stall Dog licenses, per animal 701.03.2 $10 $5 license late fee Kennel license 701.04.2 $25/initial license $10/renewal license Horse permit 702.04 $25 Animal impound fees 701.08.4 $25 first offense of year, $50 thereafter Daily boarding fee $25 Additional services when $95 inoculation required $35 bath - Street excavation permit 901.01.2b $150 Premises permit - new 301.08.4 $100 investigation fee Gambling permit - exempt 301.09.3 $25 1301-2A 2012 S-7 1301.02 Shorewood - Municipal Fees 1301.02 S LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses System contractor license $1,000 bond Refuse hauler license 503.05.4 $50 plus $25/truck Tree trimmers license 305.01 $30 Commercial lawn fertilizer Application license (annual) 310.03.2d $30 Farm and other animals 704.09 $50 • S 1301-2B 2013 S-8 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference I. Miscellaneous Permits and Licenses Therapeutic massage annual $100 business license fee Fireworks dealer license/permit $100 per site/per year Domestic partnership registry 110.06 $25 Registration $25 Amendment $25 Termination certificate, $2 certified Multiple dock facility license 1201.24, Subd. 10 $2 per slip/per year II. Liquor Intoxicating liquor license - on- sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxication malt liquor/wine license - on-sale 401.06.1 $2,000 Intoxicating liquor - off-sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt Liquor license - on-sale 401.06.2 $300 3.2% malt liquor Liquor license - off-sale 401.06.2 $50 3.2% malt liquor Temporary license 401.06.2 $25 Liquor license investigation fee - new license 401.06.1 $500 1301-3 2013 S-8 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference II. Liquor Liquor license investigation fee - 401.06.1 $250 Renewal with change in managers/owners/and the like Liquor licensees in violation 401.06.2 $500/first offense $1,000/second offense in 24-month period $1,500/third offense in 24-month period $2,000/fourth offense in 24-month period III. Utility Rates Sewer Sewer connection permit 904.07.1 $150 Sanitary Sewer Service 904.15.1a $70/qtr/residential $45/qtr/residential (low income) Commercial: $71.90/qtr, plus $2.55/ea 1,000 gallons in excess of 28,500 gallons per qtr. Sanitary sewer surcharge 904.09.5 $100/month Local sewer availability charge 904.18.3 $1,200 Water Water connection permit 903.03.1a Inside $50 Outside $60 Watering restriction violation 903.12 $50 first violation $25 increase each succeeding violation (e.g. 2nd violation $75, 3rd violation $100, and the like) • 1301-4 2009 S-4 1301.02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference Water Water meter 5/8" x 3/4" meter (with touch 903.03.1b(2) $250 pad) 3/4" copperhorn for 5/8" meter $55 Touch pad only $15 1" meter $360 1"copperhorn and connections $100 1" pressure-reducing valve $55 1 1/2" meter (with flanges) 903.03.1b(2) Cost plus 10% 2" meter (with flanges) 903.03.1b(2) Cost plus 10% 1 1/2"pressure-reducing valve Cost plus 10% 2" pressure-reducing valve Cost plus 10% Late meter reading fee 903.08.6 $5 • Meter test 903.08.4 $80 Water service 903.09.1a $17.50/quarter first 5,000 gallons, plus $2.95 per 1,000 gallons in excess of 5,000 gallons up to 50,000 gallons, and $4.25 per 1,000 gallons in excess of 50,000 gallons per quarter Water service - low income 903.09.1a(1) $15/quarter minimum Water turn-on and shut-off fee 903.04 $50 Water connection fee 903.03.3 $10,000 Single-family residential See chart and formula in § 903.04 Subd. 3. Multi-family residential, See chart and formula in § 903.04 Commercial Subd. 3.a. Schools, churches, government and other non-residential 1301-5 2010 S-5 1301.02 Shorewood - Municipal Fees 1301.02 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference Stormwater Management Stormwater Management Utility $10.59/qtr: lots less than 10,000 sq. ft. Residential equivalent factor $15.12/qtr: lots 10,000-50,000 sq. ft. Basic system rate 905.03 $19.68/qtr: lots 50,000 plus sq. ft. Recycling Residential recycling fee $14/quarter/household IV. Miscellaneous Fees and Charges Special assessment search $25 Mailed minutes (nonresident) $75.00 annual $.25/page/individual Mailed agendas $35 annual $.25/page/individual • Copies $.25/page/single side 8.5 x 11" $.50/page/single side anything larger Color copies $1/page/single side Mailing labels (all city residents) $35 all residents on rinted mailing g labels Aerial topography: Mylar copy $16/acre plus $5/mylar Electronic $50/megabyte of data City Code book $75 CD Rom $25 Updates $25/year City Zoning Code $20 1301-6 2013 S-8 1301,02 Licenses, Permits, Service Charges and Miscellaneous Fees 1301.02 • LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge/Fee City Code Reference Charge/Fee Degradation fee 901.09 Varies Restoration fee 901.12 Varies *Fee is waived when done in conjunction with a building permit or when burned by Fire Department. (1987 Code, § 1301.02) (Ord. 263, passed 12-14-1992; Ord. 274, passed 5-10-1993; Ord. 277, passed 8-23-1993; Ord. 279, passed 9-27-1993; Ord. 285, passed 1-24-1994; Ord. 287, passed 3-14-1994; Ord. 292, passed 5-23-1994; Ord. 299, passed 6-12-1995; Ord. 301, passed 6-12-1995; Ord. 302, passed 7-10-1995; Ord. 309, passed 2-12-1996; Ord. 322, passed 6-9-1997; Ord. 328, passed 12-15-1997; Ord. 329, passed 12-15-1997; Ord. 332, passed 2-23-1998; Ord. 340, passed 9-14-1998; Ord. 344, passed 9-28-1998; Ord. 351, passed 5-24-1999; Ord. 353, passed 6-14-1999; Ord. 356, passed 9-13-1999; Ord. 359, passed 12-13-1999; Ord 360, passed 1-10-2000; Ord 365, passed 8-14-2000; Ord. 369,passed 2-12-2001; Ord. 370,passed 2-26-2001;Ord. 412, passed 2-28-2005; Ord. 416, passed 7-25-2005; Ord. 432, passed 12-11-2006; Am. Ord. 437, passed 7-9-2007; Am. Ord. 438, passed 8-13-2007; Am. Ord. 439, passed 9-10-2007; Am. Ord. 442, passed 11-5-2007; Am. Ord. 445, passed 12-10-2007; Am. Ord. 446,passed 1-28-2008; Am. Ord. 452, passed 7-14-2008; Am. Ord. 457, passed 4-13-2009; Am. Ord. 463,passed 1-11-2010; Am. Ord. 471, passed 11-22-2010; Am. Ord. 483, passed 9-26-2011; Am. Ord. 488, passed 11-28-2011; Am. Ord. 489, passed 1-9-2012; Am. Ord. 491, passed 2-13-2012; Am. Ord. 494, passed 3-26-2012) • 1301-11 2013 S-8 Shorewood - Municipal Fees • • • 1301-12 • REFERENCES TO MINNESOTA STATE STATUTES M.S. Section Code Section Ch. 12 602.01, 602.08 Ch. 13 105.06, 303.02 15.73, Subd. 3 901.04 15.99, Subd. 3.(e) 1101.10 16B.59-16B.75 1001.02, 1001.03 16B.62, Subd. 1 1001.04, 1001.05 16B.65, Subd. 1 1001.04 16B.69 1001.06 16B.70 1001.05 18.75-18.88 501.04 Ch. 18B 310.03 Ch. 18C 310.03 42 1201.26 • 82.17 204.02 84.81-84.88 611.05 Ch. 84D 902.08 84D.105 902.08 88.16-88.22 608.11 Ch. 103F 1101.01 Ch. 103G 1101.04, 1101.10 Ch. 105 1201.26 105.44 1201.26 144.50-144.69 311.02 144.391 302.01 152.02 306.02 168.10 502.02 Ch. 168B 502.01 168B.01 604.04 Ch. 169 604.04, 610.01, 611.05 169.01 902.04 Chs. 200-212 106.01 21113.045 1201.03 216B.02 901.04 216B.02, Subd. 4 901.04 216B.02, Subd. 6 901.04 • 3 2013 S-8 Shorewood - Parallel References • M.S. Section Code Section Ch. 216D 901.28 216D.01-.09 901.20, 901.28 216D.04, Subd. 3 901.04 237.16 901.04 237.79 901.04 237.81 901.04 237.162 901.04, 901.11 237.162, Subd. 4 901.04, 901.11 237.163 901.04, 901.11 237.163, Subd. 2(b) 901.04 Ch. 238 901.04 238.086 901.04 260.185 606.01 278.01-278.13 312.09 290.09-290.13 1201.02 299F.011 607.03, 901.02 299F.011, Subd. 4 607.04 299F.011, Subd. 6 607.05 300.06 901.06 Ch. 308A 901.04 • 309.515 308.05 326.02 1202.02 Ch. 327 1201.02 Ch. 329 308.07 Ch. 340A 401.02 340A.101 401.03 340A.404, Subd. 5 401.05 340A.412, Subd. 14 401.03 340A.414 401.18 340A.504 401.17, 401.18 340A.801 401.15 340A.802 401.09 343.21 705.02 343.40 701.05 Ch. 349 301.01, 301.02, 301.03 349.11-349.23 301.06, 301.07 349.166 301.09 349.12 301.04 349.213 301.03 Ch. 361 501.06 • 4 2013 S-8 References to Minnesota State Statutes • M.S. Section Code Section Ch. 363 204.01 364.03 312.09, 312.12 364.06 105.06, 303.02 364.09 105.06, 303.02 Ch. 412 105.03 412.221 309.01 412.221 et seq. 501.08 412.541 105.01, 105.02 412.581 105.01, 105.02 412.591 107.01 Ch. 429 501.08, 901.17, 1202.07 429.101 104.03, 502.01, 502.02, 502.03 444.25 906.05 444.075 905.02, 905.08 Ch. 453 901.04 Ch. 453A 901.04 Ch. 462 901.17, 1101.01 462.351-462.363 1201.01 • 462.354, Subd. 1 201.01 462.355, Subd. 2 201.07 462.355, Subd. 3 201.07 462.356, Subd. 2 201.07 462.357 309.01 462.357, Subd. lc 1201.03 462.357, Subd. 3 201.07 462.357, Subd. 6 201.07 462.358 1202.01, 1202.02 462.359, Subd. 4 201.07 462.361 1201.04 463.15 1004.06 Ch. 466 501.08 446.04 901.06 471.195 502.06 463.17 502.02 Ch. 474 108.01 474.01(7) 108.04 474.02 108.02 Ch. 505 1202.02 505.03 1202.04 514.67 104.03, 501.08 • 5 2013 S-8 Shorewood - Parallel References • M.S. Section Code Section Ch. 515 1201.25 515.01-515.19 1201.02 609.02 902.08 609.02, Subd. 7a 705.02 609.75-609.763 301.06, 301.13 609.725 603.03 624.20 312.01, 312.02, 603.05 626.862 104.02 4715.3140 901.06 • 411 6 2013 S-8 • REFERENCES TO MINNESOTA RULES Minn. Rules Section Code Section Ch. 1306 1001.03 Ch. 1335 1001.03 Ch. 1335, parts 1335.0600-1335.1200 1001.03 Ch. 1510 608.11 Part 4720.0350 1004.04 6100.5700, subp. 5 611.04 Ch. 6120, parts 6120.2500-6120.3900 1201.02 6120.3400 904.06 Part 6216.0250 902.08 Ch. 7009 1201.03 Ch. 7011 1201.03 S Ch. 7017 1201.03 Ch. 7019 1201.03 Ch. 7030 501.05, 1201.03, 1201.23, 1201.24 Ch. 7560 901.11, 901.28 7560.0150, subp. 2 901.17 7819.0050-7819.9950 901.04 7819.1000, subp. 3 901.07 7819.1100 901.04, 901.11 7819.1250 901.25 7819.1300 901.21 7819.3000 901.11 7819.3100 901.19 7819.3200 901.23 7819.4000 901.17 7819.4100 901.17 7819.5000 901.11, 901.19 7819.5100 901.19 Ch. 7819, parts 7819.9900-7819.9950 901.04 Chs. 8200-8255 106.01 8800.1200 1201.03 8800.2800 1201.03 Ch. 9100 705.06 7 2013 S-8 Shorewood - Parallel References 411 • • 8 References to 1987 Code of Ordinances • 1987 Code Section 2004 Code Section 801.04 610.04 801.05 610.05 801.06 610.06 801.07 610.07 801.08 610.08 801.09 610.09 801.10 610.10 802.01 611.01 802.02 611.02 802.03 611.03 802.04 611.04 802.05 611.05 802.06 611.06 802.07 611.07 802.08 611.08 802.09 611.09 802.10 611.10 901.02 901.01 901.03 901.03 902.01 902.01 902.02 902.02 902.03 902.03 902.04 902.04 902.05 902.05 902.06 902.06 902.07 902.07 902.08 902.09 902.09 902.10 902.10 902.11 904.01 904.01 904.02 904.02 904.03 904.03 904.04 904.04 904.05 904.05 904.06 904.06 904.07 904.07 904.08 904.08 • 17 2013 S-8 Shorewood - Parallel References 1987 • Code Section 2004 Code Section 904.09 904.09 904.10 904.10 904.11 904.11 904.12 904.12 904.13 904.13 904.14 904.14 904.15 904.15 904.16 904.16 904.17 904.17 904.18 904.18 904.19 904.19 905.01 905.01 905.02 905.02 905.03 905.03 905.04 905.04 905.05 905.05 905.06 905.06 905.07 905.07 905.08 905.08 • 905.09 905.09 906.01 906.01 906.02 906.02 906.03 906.03 906.04 906.04 906.05 906.05 1002.01 1002.01 1002.02 1002.02 1002.03 1002.03 1002.04 1002.04 1002.05 1002.05 1002.06 1002.06 1002.07 1002.07 1002.08 1002.08 1002.09 1002.09 1003.01 1003.01 1003.02 1003.02 1003.03 1003.03 1003.04 1003.04 1003.05 1003.05 • 18 • REFERENCES TO ORDINANCES Ord. No. Date Passed Code Section 5 7-17-1956 603.03, 603.06, 603.08, 603.09 12 8-14-1956 109.02, 902.06 16 12-14-1957 303.05 20 9-16-1958 603.06 28 9-12-1960 1003.01-1003.02, 1003.04, 1003.05 29 2-13-1961 304.04, 304.05, 304.08, 304.09 45 8-9-1965 107.01 53 1-22-1968 610.03, 610.05, 610.08, 610.10 56 9-8-1969 304.09, 603.09, 610.10, 1003.05 62 6-17-1971 204.03, 204.06 64 5-8-1972 904.02, 904.03, • 904.06-904.08, 904.10, 904.14, 904.17, 904.19 68 2-12-1973 904.03, 904.15 70 3-12-1973 1102.04, 1102.06 72 6-4-1973 502.02, 502.07 76 10-8-1973 901.02 77 9-24-1973 201.04 78 2-11-1974 610.01 80 8-26-74 904.15 81 11-25-74 701.02, 701.04, 701.09, 701.10, 701.13 84 6-23-1975 202.01-202.04 92 5-9-77 105.04 93 6-13-1977 305.01, 305.03 96 9-12-1977 702.10 100 7-10-1978 703.02, 703.05 • 21 2008 S-3 Shorewood - Parallel References Ord. No. Date Passed Code Section 101 8-14-1978 505.04 102 8-14-1978 202.03 105 9-11-1978 901.02 117 - -1980 108.09 118 3-31-1980 904.15 119 3-31-1980 609.01-609.05 120 5-12-1980 904.07 121 5-28-1980 901.01, 901.06 123 10-6-1980 902.06 127 8-24-1981 610.02 132 4-11-1983 1002.02 132 9-27-1982 610.04 139 1-24-1983 604.05 140 2-14-1983 902.02, 902.03, 902.05, 902.06, 902.11 143 4-11-1983 1002.02, 1002.09 147 8-8-1983 610.07 155 1-9-1984 703.02, 703.03 162 1-28-1985 306.09 • 163 2-11-1985 610.09 164 3-11-1985 902.05 168 6-24-1985 1201.03 171 8-12-1985 1201.03 173 8-12-1985 701.04 176 1-27-1986 503.08 179 2-24-1986 610.09 180 5-19-1986 1201.02, 1201.03, 1201.10-1201.17, 1201.19, 1201.23-1201.25 182 7-14-1986 601.05, 601.06 186 6-23-1986 610.02 187 11-10-1986 605.03 188 11-24-1986 1201.03 189 11-24-1986 1201.23 192 11-22-1986 1201.23 • 22 2013 S-8 References to Ordinances • Ord. No. Date Passed Code Section 429 1-22-2007 1005.01-1005.06 430 11-13-2006 603.06, 703.04 431 11-27-2006 1201.02, 1201.03 432 12-11-2006 1301.02 433 1-22-2007 1201.03 434 3-12-2007 610.09 435 3-12-2007 201.04 436 5-29-2007 Adopting Ordinance 437 7-9-2007 1301.02 438 8-13-2007 1301.02 439 9-10-2007 1301.02 440 11-5-2007 1201.22 441 11-5-2007 401.01-401.22, 402.01-402.03 442 11-5-2007 1301.02 443 11-26-2007 1201.24 444 12-10-2007 901.01-901.29 445 12-10-2007 1301.02 446 1-28-2008 1301.02 • 447 1-28-2008 904.09 448 4-14-2008 401.17 449 6-9-2008 106.01 450 6-23-2008 904.06 451 7-14-2008 903.12 452 7-14-2008 1301.02 453 9-22-2008 Adopting Ordinance 454 12-8-2008 307.01-307.14 455 12-8-2008 907.01-907.13 456 2-9-2009 903.09 457 4-13-2009 1301.02 458 4-27-2009 103.02, 104.03 459 6-22-2009 1201.02, 1201.03 460 7-27-2009 Adopting Ordinance 461 7-27-2009 503.09 462 8-24-2009 1201.03 463 1-11-2010 1301.02 464 2-22-2010 903.08, 903.09 465 4-26-2010 106.01 466 4-26-2010 201.01-201.08 467 5-24-2010 1201.03 468 5-24-2010 202.01-202.05 • 469 6-14-2010 201.03, 202.02 27 2011 S-6 Shorewood - Parallel References • Ord. o. N Date Passed Code Section 470 6-28-2010 Adopting Ordinance 471 11-22-2010 1301.02 472 12-13-2010 1201.03 473 12-13-2010 1201.03 474 2-28-2011 1201.03 475 5-9-2011 302.01-302.14 476 5-23-2011 Adopting Ordinance 478 8-22-2011 704.01-704.04 479 8-22-2011 1004.04 480 8-22-2011 105.06, 303.01, 303.02 481 9-26-2011 1201.03 482 9-26-2011 301.01-301.13 483 9-26-2011 1301.02 484 10-24-2011 308.01, 308.02, 308.04-308.06, 308.08, 308.11, 308.12 485 11-14-2011 1201.02, 1201.05 486 11-14-2011 110.01-110.06 487 11-28-2011 1201.02, 1201.03 488 11-28-2011 1301.02 • 489 1-9-2012 1301.02 490 2-13-2012 311.01-311.09 491 2-13-2012 1301.02 492 3-12-2012 1201.02, 1201.03 493 3-12-2012 705.01-705.10 494 3-26-2012 1301.02 495 6-11-2012 902.08 496 6-25-2012 Adopting Ordinance 498 8-27-2012 612.01-612.04 499 9-10-2012 1201.02, 1201.03 411 28 2013 S-8 Index • CONTROLLED SUBSTANCES Confiscation and disposition of prohibited drugs, 306.08 Definitions, 306.02 Exceptions, 306.04 General regulation, 306.01 Inhaling, breathing, drinking of certain substances prohibited, 306.05 Prohibited acts, 306.03 Purchase, sale or possession regulated, 306.06 Self-service display prohibited, 306.07 Violation, 306.09 CRUELTY TO ANIMALS, 603.08 CURFEW FOR MINORS, 606.01 DEER, PROHIBITION ON FEEDING Exemptions from provisions, 704.03 Prohibition on supplemental deer feeding, 704.02 Purpose, 704.01 Violation, 704.04 40 DESIGN STANDARDS, 1202.05 DISCRIMINATORY PRACTICES Application to city officers and employees, 204.05 Contracts with the city, 204.04 Definitions, 204.02 Policy of city, purpose, 204.01 Unlawful discriminatory practices, 204.03 Violation, 204.06 DOGS (See ANIMAL REGULATIONS) DOMESTIC PARTNERSHIP REGISTRY Amendments to domestic partnership registration, 110.04 Definitions, 110.02 Fees, 110.06 Purpose, 110.01 Registration of domestic partnerships, 110.03 Termination of domestic partnership, 110.05 9 2012 S-7 Shorewood - Index • DRUGS (See CONTROLLED SUBSTANCES) ELECTIONS; BIENNIAL, 106.01 EMERGENCY MANAGEMENT Authorizing dispatch and use of city equipment and services by the Director in emergency situations (mutual aid), 602.09 Definitions, 602.02 Emergency management a governmental function, 602.07 Emergency regulations, 602.06 Establishment of an Emergency Management Organization, 602.03 Local emergencies, 602.05 Participation in labor dispute or politics, 602.08 Policy and purpose, 602.01 Powers and duties of the Director, 602.04 EMPLOYEES (See CITY OFFICERS AND EMPLOYEES) EVENT REGISTRATION AND PERMIT (See SPECIAL EVENT REGISTRATION AND PERMIT) FALSE ALARMS, REPORTS REQUIRED, 601.04 • FALSE INFORMATION TO POLICE False information or name, 605.01 Penalty, 605.03 Refusal to identify, 605.02 FARM AND OTHER ANIMALS Definitions, 705.02 Enforcement, 705.03 Farm animals, 705.09 Forfeiture of animal ownership rights, 705.08 Health and maintenance standards, 705.06 Impounding of animals, 705.05 Penalty, 705.10 Purpose, 705.01 Right of entry, 705.04 Wild animals, 705.07 FIRE CODE; UNIFORM (See UNIFORM FIRE CODE) • 10 2013 S-8 Index • FIRE PROTECTION UTILITY DISTRICT Establishment of tax lien, 906.05 Establishment of Utility District, 906.01 Fees, 906.03 Improvements, 906.02 Payment of charge, 906.04 FIREWORKS DEALERS LICENSE FEES AND SALE OF PERMITTED CONSUMER FIREWORKS Definitions, 312.02 Insurance required, 312.07 License application, 312.06 License application verification and consideration, 312.08 License fee and term of license, 312.04 License required, 312.03 License restrictions, 312.10 Mobile sales or sales by transient merchants, 312.05 Penalty, 312.13 Persons and locations ineligible for a license, 312.09 Purpose and findings, 312.01 Restrictions regarding operation, 312.11 • Sanctions for license violations, 312.12 FLOOD PLAIN MANAGEMENT REGULATIONS Administration, 1101.10 Amendments, 1101.13 Establishment of flood plain districts, 1101.03 FF, Flood Fringe District, 1101.05 FW, Floodway District, 1101.04 General provisions, 1101.02 Manufactured homes and placement of recreational vehicles, 1101.09 Nonconforming uses, 1101.11 Penalties for violation, 1101.12 Public utilities, railroads, roads and bridges, 1101.08 Statutory authorization, findings of face and purpose, 1101.01 Subdivisions, 1101.07 GAMBLING AND RAFFLES Adoption of state law by reference, 301.02 Applicability, 301.05 Application and local approval of premises permits, 301.08 City may be more restrictive than state law, 301.03 Council approval, 301.07 11 2013 S-8 Shorewood - Index GAMBLING AND RAFFLES (Cont'd) Definitions, 301.04 Lawful gambling permitted, 301.06 License and premises permit display, 301.10 Local gambling tax, 301.12 Local acknowledgment of exempt permits, 301.09 Notification of material changes to application, 301.11 Penalty, 301.13 Purpose, 301.01 GARAGE SALES (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) GARBAGE COLLECTION AND DISPOSAL (See REFUSE COLLECTION AND DISPOSAL) GENERAL COMMERCIAL DISTRICT, 1201.22 GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) HARBOR LIMITS Harbor limits established, 109.01 Jurisdictional limit, 109.02 Lake Minnetonka Conservation District Code, 109.03 HORSES (See ANIMAL REGULATIONS) HOUSE NUMBERING, 901.03 HUNTING AND TRAPPING ANIMALS (See ANIMAL REGULATIONS) ILLICIT DISCHARGE INTO STORMWATER SYSTEM Appeal of notice of violation, 907.10 Applicability, 907.03 Best management practices, 907.07 Cost of abatement of the violation, 907.11 Definitions, 907.02 Enforcement, 907.09 Notification of spills, 907.08 Prohibited discharges, 907.06 Purpose/intent, 907.01 Remedies not exclusive, 907.12 Responsibility for administration, 907.04 Severability, 907.05 41) 12 2013 S-8 Index • INTOXICATING (See LIQUOR LIQUOR( QUOR REGULATIONS) JUVENILE CURFEW Curfew for minors, 606.01 L-R, LAKESHORE RECREATIONAL DISTRICT, 1201.24 LAKE MINNETONKA CONSERVATION DISTRICT CODE, 109.03 LAKE RESTRICTIONS FOR BOATS (See HARBOR LIMITS, 109.01) LAKESHORE RECREATIONAL DISTRICT, 1201.24 LAWN FERTILIZER APPLICATION CONTROL Definitions, 310.02 Exemption to phosphorous requirement, 310.05 General regulations, 310.04 Penalty, 310.06 Purpose, 310.01 Regulations for commercial lawn fertilizer applicators, 310.03 • LICENSE BACKGROUND CHECKS FOR APPLICANTS OF CITY LICENSES Criminal history license background investigations, 303.02 Purpose, 303.01 LIQUIDS; COMBUSTIBLE; STORAGE OF (See COMBUSTIBLE LIQUIDS; STORAGE OF) LIQUOR REGULATIONS (See also SOCIAL HOST) Consumption, purchase and possession of alcohol by persons under the age of 21 years Consumption of alcohol by persons under the age of 21 years, 402.01 Furnishing alcoholic beverages to persons under 21 years of age, 402.02 Misdemeanors, 402.03 Liquor regulations Application for a license, 401.09 Bond and insurance requirements, 401.15 Classification of licenses, 401.05 Conditions of license, 401.16 Definitions, 401.03 Enforcement, 401.20 Hours of operation, 401.17 License and investigation fees, 401.06 License required, 401.04 • 12A 2013 S-8 Shorewood - Index LIQUOR REGULATIONS (Cont'd) • Liquor regulations (Cont'd) License violation administrative penalties, 401.22 Licensing procedures, 401.10 Municipal Liquor Store abolished, 401.01 Off-sale licenses, number of, 401.07 Persons ineligible for licenses, 401.08 Prohibited acts and conditions, 401.18 Renewal applications, 401.11 Restrictions on license, 401.13 State statutes adopted, 401.02 Suspension or revocation of license, 401.19 Term of license, 401.14 Transfer of license, 401.12 Violation, 401.21 • • 12B 2013 S-8 Index • PUBLIC PARKS AND RECREATION AREAS Additional rules for use of park and recreation facilities, 902.05 Administrative rules and regulations, 902.10 Animals in park and recreation areas, 902.03 Application of provisions to city employees, 902.09 Discrimination in parks, 902.07 General regulations and rules of conduct, 902.02 Inspections for aquatic invasive species, 902.08 Purpose, 902.01 Use of recreational facilities by athletic associations, 902.06 Vehicle restrictions, 902.04 Violation, 902.11 PUBLIC UTILITY SERVICES, 901.04 PUBLIC WAYS; USE OF, 610.07 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT, 1201.10 R-1 B, SINGLE-FAMILY RESIDENTIAL DISTRICT, 1201.11, 1201.12 R-1D, SINGLE-FAMILY RESIDENTIAL DISTRICT, 1201.11 R-2A, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT, 1201.14 R-2B, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT, 1201.15 R-2C, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT, 1201.16 R-3A, MULTIPLE-FAMILY RESIDENTIAL DISTRICT, 1201.17 R-3B, MULTIPLE-FAMILY RESIDENTIAL DISTRICT, 1201.18 R-1C, SINGLE-FAMILY RESIDENTIAL DISTRICT, 1201.12 R-C, RESIDENTIAL/COMMERCIAL DISTRICT, 1201.19 RAFFLES (See GAMBLING AND RAFFLES) RECREATION AREAS (See PUBLIC PARKS AND RECREATION AREAS) • 15 2013 S-8 Shorewood - Index REFUSE COLLECTION AND DISPOSAL • Collection vehicles, 503.07 Collectors, licensing requirements, 503.05 Containers, 503.04 Definitions, 503.01 Disposal required, 503.03 General regulations, 503.02 Mandatory recycling for multiple-family dwellings, 503.10 Refuse or yard waste collection schedule, 503.06 Spring cleanup, 503.09 Violation, 503.08 RENTAL HOUSING CODE (See BUILDING REGULATIONS) RESIDENTIAL/COMMERCIAL DISTRICT, 1201.19 ROCK, SAND, AND GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) S, SHORELAND DISTRICT, 1201.26 SAND, AND GRAVEL; EXCAVATION OF (See BUILDING REGULATIONS) 410 SCHOOL BUSES; PASSING, 610.03 SEWER CODE Administration and enforcement, 904.02 Building sewers and connections, 904.08 Definitions, 904.03 Interceptors required, 904.10 Materials under special review, 904.12 Measurements, tests and analyses, 904.14 Preliminary treatment, 904.13 Private sewage disposal systems, 904.06 Prohibited discharges into the sanitary sewer system, 904.09 Prohibited substances, 904.11 Property damage, 904.17 Reserved for future use, 904.01 Sewer permits, 904.07 Sewer service connections, 904.05 Sewer service rates and charges, 904.15 Sewerage system growth policy, 904.18 Special agreements, 904.16 Use of public sewers required, 904.04 • Violation, 904.19 16 2013 S-8 Index • SEXUAL CONDUCT; PREMISES CONDUCIVE TO HIGH-RISK Criminal penalties, 504.06 Definitions, 504.02 Exceptions, 504.04 Findings and purpose, 504.01 Health enforcement powers, 504.05 Public health regulations, 504.03 SHORELAND DISTRICT, 1201.26 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT, 1201.14, 1204.15, 1204.16 SINGLE-FAMILY RESIDENTIAL DISTRICT, 1201.10, 1201.11 SNOWMOBILES Application of other laws, 611.05 Chasing animals forbidden, 611.08 Definitions, 611.01 Equipment, 611.04 Leaving snowmobile unattended, 611.07 • Littering and obstructions, 611.09 Manner of operation, 611.03 Operation generally, 611.02 Persons under certain age, 611.06 Violations, 611.10 SOCIAL HOST (See also LIQUOR REGULATIONS) Definitions, 612.02 Exceptions, 612.04 Findings and purpose, 612.01 Prohibited acts, 612.03 SOLICITORS (See TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES) SPECIAL EVENT REGISTRATION AND PERMIT Enforcement, 505.03 Event registration and permit, 505.02 Purpose, 505.01 Violation, 505.04 STANDING AND PARKING, 610.02 • 17 2013 S-8 Shorewood - Index STOPPING, STANDING AND PARKING, 610.02 • STORMWATER UTILITY (see also ILLICIT DISCHARGE INTO STORMWATER SYSTEM) Adjustment of charges, 905.05 Establishment of stormwater drainage utility, 905.02 Establishment of tax lien, 905.08 Exemptions, 905.06 Other land uses, 905.04 Payment of charge, 905.07 Purpose, 905.01 Recalculation of charges, 905.09 Stormwater utility rates, 905.03 STREETS AND PUBLIC RIGHT-OF-WAY Abandoned and unusable equipment, 901.24 Administration, 901.05 Appeal, 901.16 Authority of Director, 901.22 Denial of permit, 901.13 Diligence in performing work, 901.09 Emergency work, 901.14 • Encroachments, 901.01 Franchise holders, 901.26 House numbering, 901.02 Indemnification and liability, 901.25 Inspection, 901.21 Location and relocation of facilities, 901.19 Location of facilities and equipment, 901.18 Mapping, 901.17 Other obligations, 901.28 Permit applications, 901.08 Permit limitations, 901.12 Permit required; bond; exceptions, 901.07 Pre-excavation facilities location, 901.20 Registration, 901.06 Repair and restoration, 901.11 Revocation of permits, 901.15 Right-of-way management, 901.04 Right-of-way vacation, 901.23 Standards during construction or installation, 901.10 Supplementary applications, 901.27 Underground utilities, 901.03 Violation, 901.29 • 18 2008 S-3 Index • SUBDIVISION REGULATIONS Definitions, 1202.02 Design standards, 1202.05 Non-platted subdivisions, 1202.08 Plat and data requirements, 1202.04 Procedures for filing and review, 1202.03 Public lands, 1202.06 Required improvements, 1202.07 Title and application, 1202.01 Variances and appeals, 1202.09 Violations and penalty, 1202.10 THERAPEUTIC MASSAGE LICENSING Definitions, 311.02 Educational requirements, 311.06 Exceptions to licensing requirements, 311.07 Fees, 311.04 General conditions of license, 311.05 License, 311.03 License restrictions and regulations, 311.08 S Purpose, 311.01 Violations, 311.09 TOBACCO; SALE OF Basis for denial of license, 302.05 Compliance checks and inspections, 302.10 Definitions, 302.02 Exceptions and defenses, 302.14 Fees, 302.04 License, 302.03 Other illegal acts, 302.11 Penalties, 302.13 Prohibited sales, 302.06 Purpose, 302.01 Responsibility, 302.09 Self-service sales, 302.08 Vending machines, 302.07 Violations and hearing process, 302.12 • 19 2013 S-8 Shorewood - Index • TRAFFIC CODE Careless driving off highways, 610.05 Exhibition driving, 610.04 Operation of vehicles in parks or on public grounds, 610.06 Passing school buses, 610.03 Seasonal weight restrictions, 610.09 State law adopted, 610.01 Stopping, standing and parking, 610.02 Use of bridges and public ways, 610.07 Vehicle operations, 610.08 Violations, 610.10 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Appeal, 308.10 Definitions, 308.02 Exclusions, 308.04 Issuance of license, 308.07 License application, 308.06 License fee and licensure, 308.08 License limitations, 308.11 License required, 308.03 • No fee for canvassing, religious, political, educational and charitable organizations, 308.05 Peddlers, transient merchants, canvassers and solicitors may be prohibited by placard, 308.12 Regulations, transient merchants, 308.13 Revocation, 308.09 Scope and purpose, 308.01 TRAPPING ANIMALS (See ANIMAL REGULATIONS) TREASURER, 105.02 TREE PRESERVATION Penalty and enforcement, 1103.03 Purpose and intent, 1103.01 Regulations, 1103.02 TREE TRIMMERS Insurance requirements, 305.02 License fee, 305.01 Term of license, 305.03 Violation, 305.04 • 20 2012 S-7 2 � S+ � sk k�f tt 'tV0 ERICAN LEGAL W .ce' 4F3*r" July 1, 2013 Ms. Jean Panchyshyn, Executive Secretary/Deputy Clerk City of Shorewood 5755 Country Club Road RECEIVED Shorewood, MN 55331 JUL 8 2013 Re: 2013 S-8 Supplement Draft CITY OF SHOREWOOD Dear Ms. Panchyshyn: Enclosed please find a draft of the 2013 S-8 Supplement to the Shorewood Code of Ordinances for your review. Also enclosed is a redline/strikeout version of the supplement to assist you in identifying the exact changes made. Please review this draft and notify me of any revisions no later than July 25, 2013. If I have not heard from you by July 25, I will assume the draft is acceptable as edited and proceed with printing the finished supplement. Thank you for you assistance in the production of this supplement. If you have any questions, I may be reached at 1-800-445-5588 or via e-mail at the address below. My best, Z. Amy E. Oaks Assistant Administrator of Editorial Services AMERICAN LEGAL PUBLISHING CORP. aoaks @amlegal.com 432 Walnut Street•12th Floor*Cincinnati,Ohio 45202 www.amlegal.com•e-mail: customerservice @ amlegal.com fax(513)763-3562 (800) 445-5588 432 Walnut Street,Suite 1200 Invoice Date Invoice No Ship Date AMERICAN LEGAL Cincinnati,OH 45202-3907 � Publishing Corporation 1-800-445-5588 7/30/2013 93981 INVOICE Billing Address: RECLlr VED City of Shorewood AUK Finance/AP Dept. 5 20/3 5755 Country Club Rd. Crry OF Shorewood,MN 55331 SHOD. Terms: Due Upon ReceiptI Customer ID: 03496 Shipped Via: I P.O.#: — —I Qty.Ordered Qty.Shipped Description Unit Price Tax Total($) I 1 1 Shorewood,MN Code of Ordinances 0.00 0.00 0.00 88 88 2013 S-8 Supplement Pages 18.00 0.00 1,584.00 2 2 Replacement Pages 0.00 0.00 0.00 Shipping&Handling 74.00 Please Return Copy with Payment Please Pay This $1,658.00 Your Prompt Payment Will Be Appreciated Amount CO Te_a_vi 161 - 4/3oa - qo