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American Legal Supplement 11 - 20160od.. r lC AMERICAN LEGAL 01 2016 kb,C`ti4L.�'k83 RF 5.fi+a"a�3. EE.4^�Y�P�Y,':t33; r"M�ks,%F�u�3.Mti., Y 4N'.44^ :a:i5,is++t351 'di'W t;.ffim. 9++d.4,= CITY OFSHOREWOOD March 23, 2016 Ms. Jean Panchyshyn, Executive Secretary/Deputy Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2016 S -11 Supplement Draft Dear Ms. Panchyshyn: Enclosed please find a draft of the 2016 S -11 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 April 22, 2016. If I have not heard from you by April 22, 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, D�'.z 'V - � JL.- Amy E. Oaks Director of Supplement Services AMERICAN LEGAL PUBLISHING CORP. aoaksaamle ag l.com One West Fourth Street • 3rd Floor • Cincinnati, Ohio 45202 www.amlegal.com•e -mail: customerservice @amlegal.com•fax (513) 763 -3562 (800) 445 -5588 • • C. REMOVE OLD PAGES Title Page 501 -3, 501 -4 SHOREWOOD, MINNESOTA Instruction Sheet 2016 S -11 Supplement ADOPTING ORDINANCE TITLE 500: PUBLIC HEALTH INSERT NEW PAGES Title Page 21,22 501 -3, 501 -4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -43, 1201 -44 1201 -67, 1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 1301 -3 through 1301 -6 1301 -11 through 1301 -12 29, 30 LJA 3/2016 TITLE 1300: MUNICIPAL FEES PARALLEL REFERENCES 1201 -43, 1201 -44 1201 -67, 1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 1301 -3 through 1301 -6 1301 -11 through 1301 -12 29, 30 • CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 2016 S -1 1 Supplement contains: Local legislation current through Ord. 525, passed 2 -8 -2016 Published by: AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street O 3rd Floor O Cincinnati, Ohio 45202 -3909 1- 800 - 445 -5588 4 www.amlegal.com I� COPYRIGHT ° 2016 AMERICAN LEGAL PUBLISHING CORPORATION • • • • CITY OF SHOREWOOD ORDINANCE NO. 522 AN ORDINANCE ENACTING AND ADOPTING THE 2015 S -10 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 518 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 tenth 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 2015 S -10 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 24th day of August, 2015. ATTEST: Jean Panchyshyn, City Clerk 2016S-11 Scott Zerby, Mayor 21 Shorewood - Adopting Ordinance 0 • • 22 501.04 Nuisances 501.04 Subd. 6. Privy vaults, garbage (except in authorized containers), garbage cans which are not fly - tight, ashes, yard cleanings, or any other foul or unhealthy material. Composting of leaves, grass clippings, and easily biodegradable, nonpoisonous garbage may be permitted, however, as provided in § 503.02, Subd. 3 of this code. Subd. 7. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances. Subd. 8. All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The term weeds does not include shrubs, trees, cultivated plants or crops. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: a. Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A- Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; b. Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; c. Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; d. Any weeds or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 12 inches. e. Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. f. The term WEEDS does not include shrubs, trees, cultivated plants or crops. Subd. 9. All public exposure of persons having a contagious disease. Subd. 10. The emission of smoke, gas, soot, dust, or cinders, or other noxious and offensive fumes, in frequency or quantities as to render the enjoyment of property unpleasant, unhealthy, or uncomfortable to a person of ordinary sensibilities. Subd. 11. Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner. 2016S-11 501 -3 501.04 Shorewood - Public Health 501.05 Subd. 12. All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. (Ord. 334, passed 4 -27 -1998; Am. Ord. 525, passed 2 -8 -2016) 501.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: Subd. 1. Fallen trees, fallen tree limbs, dead trees, dead tree limbs, and all limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street. Subd. 2. All wires which are strung less than 15 feet above the surface of the ground. Subd. 3. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one -half their original value, and which are so situated as to endanger the safety of the public. 0 Subd. 4. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance. See also Chapter 607 of this code. Subd. 5. The parking of vehicles on, or the blocking of any fire alley, public easement or road in the city leading to the shoreline of any navigable body of water so as to interfere with, obstruct or tend to obstruct the passage of any emergency public vehicle to the water. Subd. 6. All annoying vibrations and obnoxious noises in violation of Minn. Rules 7030, as they may be amended from time to time and which are incorporated by reference into this code. Subd. 7. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under the conditions as are provided by ordinance. See also § 901.01 and Chapter 1003 of this code. Subd. 8. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. Subd. 9. Any abandoned, discarded or unused objects or equipment such as inoperable vehicles of all kinds (see also Chapter 502 of this code), motor vehicles or recreational equipment not displaying a current State license, furniture, stoves, refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements, or equipment that is no longer safely usable for the purpose for which it was manufactured. 501 -4 2016S-11 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 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, 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 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. 2016S-11 1201 -43 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (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. (10) Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than ten feet from the side lot line. 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. 2016S-11 1201 -44 • • 1201.03 Zoning Regulations 1201.03 2016S-11 arterial streets as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5 % of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (e) Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry -way arch, not exceeding 18 feet in height. (2) R -C Residential /Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R -C District: (a) Signs are regulated in e.(1) above; (b) Business signs in the R -C Districts shall be subject to the requirements of § 1201.19 Subd. 8.d. of this code. 1201 -67 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 (3) C -1 and C -2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C -1 and C -2 Districts. (a) Business signs. (i) The maximum number of signs for any principal building shall be three except by conditional use as provided in (c) below. The maximum total area for all signs shall be determined by taking 10% of the gross silhouette area of the front of the building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. (ii) For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). (iii) Each lot will be allowed only one freestanding sign except as provided in (c) below. (b) Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25 % of the total allowable sign area. (c) Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center. 1201 -68 2007 S -2 Repl. • 1201.03 Zoning Regulations 1201.03 (2) Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining to the use of city parks, including, but not limited to, use of intoxicating beverages. (3) Maintenance and improvements of fire lanes shall be the sole responsibility of the city. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator /Clerk or his or her agent. (4) Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes identified herein. (5) Except for snowmobiles in Class II fire lanes, motorized vehicles shall be prohibited on fire lanes. (6) Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than ten feet. 0 Subd. 20. Elderly housing. a. Purpose. The purpose of this subdivision is to provide opportunities for elderly housing within residential zoning districts and to maintain compatibility with other uses within those districts. b. Conditional use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R -lA, R -1B, R -1C, R -113, R -2A, R -213, R -2C, R -3A, R -313 and R -C. In addition the following conditions shall apply: (1) Elderly housing projects shall be processed as planned unit developments (P.U.D.) in compliance with § 1201.06 of this code; (2) Occupancy of each dwelling unit shall be limited to no more than two adults, 62 years of age or older. Occupancy of dwellings which qualify as "housing for older persons" under the Federal Fair Housing Act shall be limited to two adults, 55 years of age or older. The occupancy limitations shall be memorialized in restrictive covenants approved by the city and filed with the Hennepin County Recorder. Exception: the occupancy limitations stated above 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; 1201 -77 2012S-7 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 • (3) To continue to qualify for the elderly housing classification, the owner, homeowner's association or agency shall annually file with the City Administrator /Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of the building or buildings, listing the number of tenants or occupants by age, by unit; (4) Adequate off - street parking must be provided in compliance with Subd. 5 of this section. Parking plans must show room on the site for at least one garage space per dwelling unit; (5) Parking areas for five or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Subd. 2g of this section; (6) All signing and informational or visual communication devices shall be in compliance with Subd. 11 of this code. (7) All structures shall comply with the Minnesota State Building Code; (8) Elderly housing: 9 (a) Townhouse or cottage style housing: two parking spaces per unit. (b) Apartments: one and one -half parking spaces per unit, plus proof of parking demonstrating the ability to provide two spaces per unit. (c) R -3A, R -3B and R -C: 12 units per acre. (d) For purposes of calculating density, assisted living units shall be counted as one -half unit. (9) The minimum site size for elderly housing projects shall be three acres; (10) Dwelling units may be detached or attached; (11) Building heights shall be limited to one and one -half stories in all districts except the R -3A, R -3B and R -C zoning districts in which buildings may be three stories; (12) Where allowed, multiple - family elderly housing must have elevator service to each floor; equal, at a minimum, to (13) Usable open space as defined m e this chapter is q , 20% of the gross lot area; 2016S-11 1201 -78 1201.03 Zoning Regulations 1201.03 (14) The provisions of § 1201.04 Subd. ld(1) are considered and satisfactorily met. C. Fees reduced. Park dedication fees as required in § 1202.07 of this code and local sanitary sewer access charges as required in § 904.18 Subd. 1 of this code shall be charged on the basis of the development potential of property as currently zoned. Fees shall not be charged for additional residential units achieved under b(8) of this subdivision. Subd. 21. Telecommunications towers and facilities. a. Purpose. The general purpose of this subdivision is to regulate the placement, construction and modification of telecommunications towers and facilities in order to protect the health, safety and welfare of the public, while complying with the provisions of the Federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. The specific purposes of this subdivision are: (1) To regulate the location of telecommunications towers and facilities; (2) To protect residential areas and land uses from potential adverse impacts of telecommunications towers and facilities; (3) To minimize any adverse impacts of telecommunications towers and facilities through design, siting, landscaping and innovative camouflaging techniques; (4) To promote and encourage shared use and co- location of telecommunications towers and antenna support structures; (5) To avoid damage to adjacent properties caused by telecommunications towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound; (6) To ensure that telecommunications towers and facilities are compatible with surrounding land uses. b. Development of towers. (1) A tower shall be a conditional use in the C -3, General Commercial and C -4, Commercial Service Zoning Districts. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council and a building permit issued by the Building Official. 2016S-11 1201 -79 1201.03 Shorewood - Zoning and Subdivision Regulations 1201.03 • (2) The city may, by conditional use permit, authorize the use of city property for towers in accordance with the procedures of this code. The city has no obligation to allow the use of city property for this purpose. (3) No telecommunications facilities may be located within a distance equal to twice the height of the proposed tower of any use that involves the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas and corrosive or dangerous chemicals, unless the applicant can demonstrate with credible engineering data, to the satisfaction of the city, that no danger exists in locating the telecommunications facilities in the proposed proximity to the uses. (4) The development of a tower is subject to the following additional restrictions: (a) Unless the applicant presents clear and convincing evidence to the city, that co- location is not feasible, a new tower may not be built, constructed or erected in the city, unless the tower is capable of accommodating additional telecommunications facilities owned by other persons, and the tower owner agrees to comply with the provisions of the subsection relating to existing towers. A new tower shall be designed and built to accommodate three times the tower's initial loading capacity. If the tower is less than 100 feet in height it shall be built to accommodate two times the tower's initial loading capacity. (b) A development approval to develop, build, construct or erect a tower will not be granted to a person on the basis that it is economically unfeasible for that person to co- locate or install telecommunications facilities on a tower or antenna support structure owned by another person. (5) An application to develop a tower must include: (a) The names, addresses and telephone numbers of all owners of other towers or antenna support structures and the locations of the structures, within a one mile radius of the proposed new tower site; (b) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co- locate the applicant's telecommunications facilities on towers or antenna support structures located within a one -half mile radius of the proposed tower site; 1201 -80 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. Ord. 499, passed 9 -10 -2012; Am. Ord. 521, passed 7 -27 -2015; Am. Ord. 523, passed 10 -26 -2015; Am Ord. 524, passed 12 -14 -2015) 1201 -86A 2016S-11 1201.04 Shorewood - Zoning and Subdivision Regulations 1201.04 1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS. 0 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 2013S-8 • • • • 1201.19 Zoning Regulations 1201.19 (1) Two - family dwelling: not less than 20,000 square feet; (2) All other: not less than 15,000 square feet; b. Lot width: not less than 100 feet; C. Lot depth: not less than 120 feet; d. Setbacks: (1) Front yard: not less than 35 feet; (2) Rear yard: not less than 40 feet; (3) Side yard: not less than 15 feet on each side nor less than 35 feet on a side yard abutting a street; (4) Nonresidential use setback from R District boundary: not less than 25 feet; (5) Lakeshore: not less than 100 feet. Subd. 6. Building requirements. Height: no structure shall exceed two and one -half stories, or 35 feet, whichever is least. Subd. 7. Lot area per unit requirement. Not less than 10,000 square feet. Subd. 8. Special district provisions. 2007S-2 a. Where a conditional use abuts an R -lA through R -2C District, buffer fences or planting screens shall be installed by the conditional use permit recipient according to provisions of § 1201.03, Subd. 2.g. of this code, should the Council determine that a need for a buffer exists. b. Special use commercial activities shall be allowed to operate only between the hours of 7:00 a.m. and 9:00 p.m. in the R -C District. Occasional emergency dental service may occur outside of normal business hours provided such service does not adversely affect surrounding residential uses. C. All noise levels generated by activities in the R -C District must conform to state standards. d. Signs shall comply with the requirements under § 1201.03, Subd. 11., as well as the following additional provisions: 1201 -123 1201.19 Shorewood - Zoning and Subdivision Regulations 1201.21 b (1) Business signs shall be limited to a total surface area d etermined y taking 5 % of the gross silhouette area of the front of the building, but not more than 100 square feet per property. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. Not more than two individual signs, including freestanding signs, may be displayed per property; (2) Illuminated signs shall not be permitted in the R -C District, except that: (a) Signs located at least 100 feet from a residential district boundary may be illuminated. (b) Signs located nearer than 100 feet to a residential district boundary may be illuminated, provided the sign is screened from view of residential properties. (c) In no case shall signs in the R -C District be illuminated between the hours of 9:00 p.m. and 7:00 a. m. (d) All illuminated signs must comply with the provisions of § 1201.03 Subd. 2.i. of this code. 0 (3) Freestanding signs not exceeding 40 square feet and not higher than eight feet shall be permitted in the R -C District. e. Storage - displays: with the exception of nursery stock, all materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the R -C District or within the confines of 100% opaque wall or fence not less than five feet high. f. The City Council or its designated representative shall evaluate the design elements of the conditional uses under the provisions of § 1201.04. (1987 Code, § 1201.19) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988; Ord. 243, passed 9 -9 -1991; Ord. 397, passed 8 -25 -2003; Ord. 403, passed 5 -24 -2004; Ord. 422, passed 7 -24 -2006; Am. Ord. 520, passed 7 -27 -2015) 1201.20 RESERVED FOR FUTURE USE. 1201.21 RESERVED FOR FUTURE USE. 0 1201 -124 2016S-11 • r� 1201.22 Zoning Regulations 1201.22 C -1, GENERAL COMMERCIAL DISTRICT. 1201.22 Subd. 1. Purpose. The purpose of the C -1, General Commercial District is to provide for low to moderately intense retail or service outlets that deal directly with the customer to whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas that are well served by collector or arterial street facilities. Subd. 2. Permitted uses. The following are permitted uses in a C -1 District: a. Trade and services. Retail stores, personal service or business service establishments, including the following and other similar uses: (1) Amusement places (such as dance halls or roller rinks) and commercial recreation; (2) Antique, resale or gift shop; (3) Apparel sales; (4) Art and school supplies and picture framing; (5) Art gallery and sales; (6) Auto accessory store; (7) Bakery goods and baking of goods for retail sales on the premises; (8) Bank, savings and loan, savings credit unions and other financial institutions; (9) (10) (11) (12) (13) (14) (15) 2016S-11 Barber shops; Beauty parlors; Bicycle sales and repair; Books, office supplies or stationery stores; Bowling alleys; Camera and photographic supplies; Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks; 1201 -125 1201.22 Shorewood - Zoning and Subdivision Regulations 1201.22 2016S-11 (16) Catering establishments; (17) Coffee houses; (18) Coin and philatelic stores; (19) Commercial tutoring and learning centers; (20) Computer and business machine sales or service stores; (21) Convenience grocery stores (not supermarket type and without motor fuel); (22) Copy service, printing service and newspaper offices; (23) Day spas; (24) Delicatessen; (25) Department and discount stores; 26 Drugstore; ( ) store g (27) Dry cleaning, including plant accessory thereto, pressing and repairing; (28) Electrical home appliance stores, including incidental repair and assembly but not fabricating or manufacturing; (29) Employment agencies; (30) Enclosed boat and marine sales; (31) Essential services; (32) Floor covering stores; (33) Florist shop; (34) Furniture stores; (35) Garden supply stores; 36 Gift or novelty stores; (37) Government and public utility buildings; 1201 -126 • L • 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 or intoxicating liquor 401.06.2 $25 Temporary license Liquor license investigation fee - new license 401.06.1 $500 2015S-10 1301 -3 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 Residential: $75.04 /qtr /sewer only $50.03 /qtr /low income sewer only Commercial: $8.50 Base $1.96/1,000 gallons 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 2016S-11 0 • • • 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 903.04.1 5/8" x 3/4" meter includes Cost plus 10% swivels 5/8" x 3/4" copperhorn Cost plus 10% 1" meter includes swivel Cost plus 10% 1 " copperhorn Cost plus 10% 1" pressure- reducing valve Cost plus 10% 1 1/2" meter (with flanges) Cost plus 10% 2" meter (with flanges) Cost plus 10% 11/2 " pressure- reducing valve Cost plus 10% 2" pressure- reducing valve Cost plus 10% Meter test 903.08.4 $80 Water service 903.09. la $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.la(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 2014S-9 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 $15.25 /qtr: lots less than 10,000 sq. ft. 905.03 $21.77 /qtr: lots 10,000 - 50,000 sq. ft. $28.34/qtr: lots 50,000 plus sq. ft. Recycling Residential recycling fee I $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 printed mailing 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 1$20 1301 -6 2016S-11 • • • • • 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 Restoration fee 901.09 901.12 Varies 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; Am. Ord. 502, passed 5 -28 -2013; Am. Ord. 507, passed 2 -3 -2014; Am. Ord. 513, passed 6 -9 -2014; Am. Ord. 518, passed 1 -12 -2015; Am. Ord. 519, passed 5 -26 -2015) 1301 -11 2016S-11 Shorewood - Municipal Fees • • 1301 -12 References to Ordinances Ord. No. Date Passed Code Section 513 6 -9 -2014 401.05, 1301.02 514 6 -23 -2014 109.01 515 8 -11 -2014 Adopting Ordinance 516 8 -25 -2014 501.05 517 9 -8 -2014 503.06 518 1 -12 -2015 1301.02 519 5 -26 -2015 1301.02 520 7 -27 -2015 1201.19 521 7 -27 -2015 1201.03 522 8 -24 -2015 Adopting Ordinance 523 10 -26 -2015 1201.03 524 12 -14 -2015 1201.03 525 2 -8 -2016 501.04 29 2016S-11 Shorewood - Parallel References • �J 30 0 CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES 0 02016 S -1 1 Supplement contains: ID Local legislation current through Ord. X525, passed 4-+2-20+-5-2-8-2016 Published by: AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street 4 3rd Floor 4 Cincinnati, Ohio 45202 -3909 1- 800 - 445 -5588 4 www.amlegal.com • 0 CITY OF SHOREWOOD • ORDINANCE NO. 522 AN ORDINANCE ENACTING AND ADOPTING THE 2015 S -10 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ' ordinances up through and including Ordinance No. 518 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 t ' attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the tenth 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 2015 S -10 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 24th day of August, 2015 _ ATTEST: Jean Panchyshyn, City Clerk 2016 S -11 Scott Zerby, Mayor 21 501.04 Nuisances 501.04 Subd. 6. Privy vaults, garbage (except in authorized containers), garbage cans which are not fly - tight, ashes, yard cleanings, or any other foul or unhealthy material. Composting of leaves, grass clippings, and easily biodegradable, nonpoisonous garbage may be permitted, however, as provided in § 503.02, Subd. 3 of this code. Subd. 7. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances. Subd. 8. All noxious weeds as referenced in M.S. §§ 18.75 - 18.88 and promulgated in Minnesota Rules, as may be amended from time to time, located on public or private property. The term weeds does not include shrubs, trees, cultivated plants or crops. The terms WEEDS and RANK VEGETATION includes, but is not limited to, the following: a. Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A- Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; b. Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; c. Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties; d. Any weeds or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 12 inches. e. Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. f. The term WEEDS does not include shrubs, trees, cultivated plants or crops. Subd. 9. All public exposure of persons having a contagious disease. an j Subd. 10. > a person of ordi The emission of smoke, gas, soot, dust, or cinders, or / other noxious and offensive fumes, in frequency or quantities as to render the enjoyment V 11 of property unpleasant, unhealthy, or uncomfortable to a person of ordinary .sensibilities. Subd. 11. Feces left by any domestic pet on public property or the property of another. The owner or person having the custody or control of the animal shall be responsible for immediately cleaning up any feces of the animal and disposing of the feces in a sanitary manner. 501.04 Shorewood - Public Health 501.05 Subd. 12. All other acts, omissions of acts, occupations and uses of property which are deemed by the city to be a menace to the health of the inhabitants of the city or any considerable number thereof. (Ord. 334, passed 4 -27 -1998; Am. Ord. 525, passed 2 -8 -2016) 501.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: Subd. 1. Fallen trees, fallen tree limbs, dead trees, dead tree limbs, and all limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street. Subd. 2. All wires which are strung less than 15 feet above the surface of the ground. Subd. 3. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one -half their original value, and which are so situated as to endanger the safety of the public. Subd. 4. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance. See also Chapter 607 of this code. Subd. 5. The parking of vehicles on, or the blocking of any fire alley, public easement or road in the city leading to the shoreline of any navigable body of water so as to interfere with, obstruct or tend to obstruct the passage of any emergency public vehicle to the water. Subd. 6. All annoying vibrations and obnoxious noises in violation of Minn. Rules 7030, as they may be amended from time to time and which are incorporated by reference into this code. Subd. 7. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under the conditions as are provided by ordinance. See also § 901.01 and Chapter 1003 of this code. Subd. 8. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. Subd. 9. Any abandoned, discarded or unused objects or equipment such as inoperable vehicles of all kinds (see also Chapter 502 of this code), motor vehicles or recreational equipment not . displaying a current State license, furniture, stoves, refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements, or equipment that is no longer safely usable for the purpose for which it was manufactured. 501 -4 • (`{1 1201.03 1201.03 , G- L� - '' Zoning Regulations (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 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 reereafional equipment, trellises, eonditioning or heating equipment in rear yards to a point no closer five feet from any lot line. Laundry drying and recreational equipment, arbors, trellises, 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 2013S-8 Ens . r v 1201.03 4` 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. (10) Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than ten feet from the side lot line. 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. 1201.03 • Zoning Regulations 1201.03 arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following: (i) The total area of signage, including the wall sign, shall not exceed 5 % of the building silhouette as viewed from the street; (ii) The wall sign may be indirectly illuminated. (c) Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated. (d) Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold. (e) Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry -way arch, not exceeding 18 feet in height. (2) R -C Residential /Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R -C District: (a) Signs are regulated in e.(1) above; (b) Business signs in the R -C Districts shall be subject to the requirements of § 1201.19 Subd. 8.d. of this code. 0 1201.03L Shorewood - Zoning and Subdivision Regulations 1201.03 (3) To continue to qualify for the elderly housing classification, the owner, homeowner's association or agency shall annually file with the City Administrator /Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of the building or buildings, listing the number of tenants or occupants by age, by unit; (4) Adequate off - street parking must be provided in compliance with Subd. 5 of this section. Parking plans must show room on the site for at least one garage space per dwelling unit; (5) Parking areas for five or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Subd. 2g of this section; (6) All signing and informational or visual communication devices shall be in compliance with Subd. 11 of this code. (7) All structures shall comply with the Minnesota State Building Code; Ileeed the (g) The residential density of elderiy hou following-Elderly housing: (a) _ _ ,Townhouse or cottage style housing: two parking spaces per unit. xere;Apartments: one and one -half, parking spaces per unit, plus proof of parking demonstrating the ability to provide two spaces per unit. (c) R -3A, R -3B and R -C: Ten12 units per acre;'R (d) For purposes of calculating density, assisted living units shall be counted as one -half unit. (9) The minimum site size for elderly housing projects shall be three acres; (10) Dwelling units may be detached or attached; (11) Building heights shall be limited to one and one -half stories in all districts except the R -3A, R -3B and R -C zoning districts in which buildings may be three stories; (12) Where allowed, multiple - family elderly housing must have elevator service to each floor; (13) Usable open space as defined in this chapter is equal, at a minimum, to 20% of the gross lot area; 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 72012; Am. Ord. 499, passed 9 -10 -2012; Am. Ord. 521, passed 7 -27 -2015; AmfOrd. 523, passed 10 -26 -2015; Am. Ord. 524, passed 12- 14- 2015) 1201 -86A • 1201.19 Shorewood - Zoning and Subdivision Regulations 1201.22 c �I. (1) Business signs shall be limited to a total surfaee area of 36 square feet-Per property. Not more 'Iwo ITIGMUtIal 31r,113) ILU SLaTiLL1116 be displayed per ,business signs shall be limited to a total surface area determined by taking 5 % of the gross silhouette area of the front of the building, but not more than 100 square feet per property. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted. Not more than two individual signs; including freestanding signs, may be displayed per property; (2) Illuminated signs shall not be permitted in the R -C District, except that: (a) Signs located at least 200100 feet from a residential district W boundary may be illuminated. (b) Signs located nearer than 266100 feet to a residential district boundary may be illuminated, provided the sign is screened from view of residential properties. (c) In no case shall signs in the R -C District be illuminated between the hours of 9:00 p.m. and 7:00 a.m. (d) All illuminated signs must comply with the provisions of § 1201.03 Subd. 2.i. of this code. (3) Freestanding signs not exceeding 2640 square feet and not higher than fiveeight feet shall be permitted in the R -C District. e. Storage - displays: with the exception of nursery stock, all materials, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the R -C District or within the confines of 100 % opaque wall or fence not less than five feet high. f. The City Council or its designated representative shall evaluate the design elements of the conditional uses under the provisions of § 1201.04. iL (1987 Code, § 1201.19) (Ord. 180, passed 5 -19 -1986; Ord. 208, passed 4 -11 -1988; Ord. 243, passed ✓�?' 9 -9 -1991; Ord. 397, passed 8 -25 -2003; Ord. 403, passed 5 -24 -2004; Ord. 422, passed 7-24-2006;, Am. Ord. 520, passed 7 -27 -2015) • 1201.20 RESERVED FOR FUTURE USE. 1201.21 RESERVED FOR FUTURE USE. • • • 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. la Residential: $.8-575.04 /qtr /sewer only $450.03 /qtr /low income sewer only Commercial: 1,000 $71.96iqtr, phis $2.55/ea gal in exeess of $8.50 5 Base $1.96/1,000 gallons Sanitary sewer surcharge 904.09.5 $100 /month Local sewer availability charge 904.18.3 $1,200 Water Water connection permit 903.03.la 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 V . i • • • 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 $12.7115.25 /qtr: lots less than 10,000 Residential equivalent ffietor 905.03 sq. ft. Basie system rate $+&7+421.77 /qtr: lots 10,000 - 50,000 sq. ft. ........ ...... $23- 6228.34/gtr: lots 50,000 plus sq. ft. Recycling Residential recycling fee I $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 printed mailing 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 1$20 • • 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 Restoration fee 901.09 901.12 Varies 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; Am. Ord. 502, passed 5 -28 -2013; Am. Ord. 507, passed 2 -3 -2014; Am. Ord. 513, passed 6 -9 -2014; Am. Ord. 518, passed 1 -12 -2015; Am. Ord. 519, passed 5- 26- 2015) 1301 -11 • • • 2015S-10 References to Ordinances Ord. No. Date Passed Code Section 513 6 -9 -2014 401.05, 1301.02 514 6 -23 -2014 109.01 515 8 -11 -2014 Adopting Ordinance 516 8 -25 -2014 501.05 517 9 -8 -2014 503.06 518 1 -12 -2015 1301.02 519 5 -26 -2015 1301.02-' 520 7 -27 -2015 1201.19 521 7 -27 -2015 1201.03 522 8 -24 -2015 Adopting Ordinance - 523 10 -26 -2015 1201.03— 524 12 -14 -2015 1201.03— 525 2 -8 -2016 501.04.f- 29 CITY OF SHOREWOOD RESOLUTION NO. 16 -030 A RESOLUTION APPROVING THE OFFICIAL SUMMARY OF ORDINANCE NO. 528 The following is the official summary of Ordinance No. 528 approved by the City Council of the City of Shorewood, Minnesota, on May 9, 2016: An Ordinance Enacting, Codifying and Adopting the 2016 S -11 Supplement to the Code of Ordinances for the City of Shorewood, Minnesota, which contains Ordinance No.'s 519 -525, approved since the codification of the 2015 S -10 Supplement. A printed copy of the Ordinance is available for inspection by any person at the Office of the City Clerk. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. ATTEST: J an Panchyshyn, dty C rk 9c od Zerby, ayo CITY OF SHOREWOOD ORDINANCE NO. 528 AN ORDINANCE ENACTING AND ADOPTING THE 2016 S -11 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 525 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the eleventh supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2016 S -11 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL' of the City of Shorewood, Minnesota, this 9th day of May, 2016. ATTEST: I �iCl�j Jean Panchyshyn, CYty C erk S Z6r j REMOVE OLD PAGES Title Page SHORE47V'OOD, MINNESOTA 2016 S -11 Supplement ADOPTING ORDINANCE TITLE 500: PUBLIC HEALTH INSERT NE''G4' PAGES Title Page 21,22 501 -3, 501-4 501-3,501-4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-43,1201-44 1201-43,1201-44 1201-67,1201-68 1201 -67, 1201 -68 1201 -77 through 1201 -80 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -86A, 1201 -86B 1201 -123 through 1201 -1.26 1201 -123 through 1201 -126 TITLE 1300: MUNICIPAL FEES 1:301 -3 through 1301 -6 1301 -11 through 1301-12 PARALLEL REFERENCES 29,30 1301 -3 through. 1301 -6 1301 -11 through 1301 -12 29,30 �A 3r016 EXHIBIT A r #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Adopt the Codification of the Ordinances Approved in 2015 (Supplement 11) Meeting Date: May 9, 2016 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: William S. Joynes, City Administrator Attachments: Ordinance, Resolution Background: On November 22, 2004, Council adopted Ordinance No. 409, which approved the Municipal Code Book recodification provided by American Legal Publishing and the League of Minnesota Cities. With this recodification, the Code Book was current through Ordinance No. 401 passed on February 23, 2004. Ten supplements have been completed since the initial recodification. The eleventh supplement (5 -11) to the City Code Book includes Ordinance No.'s 519 -525, which includes ordinances approved through February 8, 2016. American Legal Publishing has provided copies of the replacement pages to the City Code Book for this 11th supplement. The attached Exhibit A provides an outline of the sections /pages of the Code Book that have been updated. The attached Ordinance accepts the replacement pages, which includes Ordinance No's 519 -525. The Code Book is available on the City's Web site in a searchable format, via a link to American Legal Publishing Corporation. Financial or Budget Considerations: The total cost for the 5 -11 supplement pages was $563.00. Funds exist in the Administration budget for this expense. Recommendation / Action Requested: Adoption of an Ordinance to enact and adopt the 2016 5 -11 Supplement to the Shorewood City Code Book, provided by American Legal Publishing Corporation; and Adoption of a Resolution approving a summary publication of said Ordinance. Next Steps and Timelines: Staff will continue to update all of the city code books with the new pages. Connection to Vision / Mission: Providing quality public service. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE ENACTING AND ADOPTING THE 2016 S -11 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 525 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the eleventh supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2016 S -11 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk REMOVE OLD PAGES Title Page 501 -3, 501 -4 SHOREWOOD, MINNESOTA Instruction Sheet 2016 S -11 Supplement ADOPTING ORDINANCE TITLE 500: PUBLIC HEALTH INSERT NEW PAGES Title Page 21,22 501 -3, 501 -4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -43, 1201 -44 1201 - 67,1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 TITLE 1300: MUNICIPAL FEES 1301 -3 through 1301 -6 1301 -11 through 1301 -12 PARALLEL REFERENCES 29, 30 L7A 3/2016 1201- 43,1201 -44 1201 - 67,1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 1301 -3 through 1301 -6 1301 -11 through 1301 -12 29, 30 CITY OF SHOREWOOD RESOLUTION NO. 16- A RESOLUTION APPROVING THE OFFICIAL SUMMARY OF ORDINANCE NO. The following is the official summary of Ordinance No. approved by the City Council of the City of Shorewood, Minnesota, on May 9, 2016: An Ordinance Enacting, Codifying and Adopting the 2016 S -11 Supplement to the Code of Ordinances for the City of Shorewood, Minnesota, which contains Ordinance No.'s 519 -525, approved since the codification of the 2015 S -10 Supplement. A printed copy of the Ordinance is available for inspection by any person at the Office of the City Clerk. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. ATTEST: Jean Panchyshyn, City Clerk Scott Zerby, Mayor r One West Fourth Street, 3rd Floor AMERICAN LEGAL Cincinnati, OH 45202 Publishing Corporation 1 -800 -445 -5588 Billing Address: City of Shorewood Finance / AP Dept. 5755 Country Club Rd. Shorewood, MN 55331 Invoice Date Invoice No. Ship Date 4/15/2016 0109833 INVOICE i E, i_ y 3 Terms: Due Upon Receipt Customer ID: 03496 Shipped Via: P.O. #: Qty. Ordered F7Shpped I Description Unit Price Tax Total ($) 1 1 Shorewood, MN Code of Ordinances 29 29 2016 S -11 Supplement Pgs 0.00 0.00 18.00 0.00 0.00 522.00 Shipping & Handling 41.00 Please note our new address: One West Fourth Street, 3rd Floor, Cincinnati, OH 45202 Please Pay This Amount $563.00