Ordinance 542CITY OF SHOREWOOD
ORDINANCE 542
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO ACCESSORY BUILDINGS, STRUCTURES AND USES AND REGULATIONS
APPLICABLE TO SHORELINE PROPERTY FOR THE CITY OF SHOREWOOD
Section 1. City Code Section 1201.02 is hereby amended to amend the following
definitions:
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure,
or use, whether attached or detached, that is located upon the same lot on which the
principal building or use is situated and which is reasonably necessary, appropriate and
incidental to the conduct of the primary use of the principal building or use. Accessory
buildings typically include (but are not limited to) garages, sheds, storage or workshop
areas, treehouses, docks, gazebos, and the like. Accessory structures typically include
(but are not limited to) lights/light poles, fences, mailboxes, and the like.
SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service
available to the public.
Section 2. City Code Section 1201.03 Subd. 2. is hereby amended as follows:
Subd. 2. General building and performance requirements.
d. Accessory buildings, structures, uses and equipment.
(1) No detached accessory building or structure shall be allowed on any lot
without a principal building to which it is accessory.
(2) No detached accessory building shall exceed 15 feet or one story in height.
(3) Accessory buildings and structures shall be constructed within the
buildable area of the lots as defined in § 1201.02 of this chapter except as
provided in subdivision 3c of this section.
(4) For single-family and two-family homes, no accessory building, including
attached garages, or combination of accessory buildings but excluding
docks shall exceed three in number, nor 1,200 square feet in area in the
R-IA, R-1B, R-1C, R-2A, R-213 and R-3A Districts, nor 1,000 square feet
in area in the R-113, R-2C, R-313 and R-C Districts, except by conditional
use permit as provided for in § 1201.04 of this chapter. In addition the
following conditions shall apply:
(a) The total area of accessory buildings shall not exceed the floor area
of all stories above grade of the principal structure. The City
Council may grant an exception for greenhouses, as defined herein,
under the following conditions:
(i) The lot on which the greenhouse is to be located shall
contain a minimum of 80,000 square feet of area. In no
case shall the lot area be reduced to less than 80,000 square
feet in area;
(ii) Side yard setbacks for the greenhouse shall be double that
required for the district in which the property is located;
(iii) The property owner shall landscape around accessory
buildings according to a landscape plan approved by the
City Council;
(iv) In no case shall the total area of accessory buildings exceed
7% of the minimum lot area for the district in which the
property is located.
(b) In no case shall the total area of accessory buildings exceed 10% of
the minimum lot area for the district in which the property is
located.
(c) In evaluating the conditional use permit, the city shall take into
consideration the location of existing and proposed structures, site
drainage and landscaping.
(d) The architectural character of proposed accessory buildings shall
be similar and consistent with other buildings on the site and in the
area.
(e) Properties occupied by nonconforming accessory structures are not
allowed to exceed three accessory structures, or to exceed 1,000
square feet or 1,200 square feet of accessory floor area, based upon
the district in which they are located.
Exception: An existing nonconforming accessory structure may be
allowed to remain nonconforming, and the total number of
accessory structures or the total area of accessory space may be
expanded, provided that the following can be demonstrated with
respect to the nonconforming accessory structure:
(i) The applicant can demonstrate that the structure was
constructed prior to August 2, 1956. Evidence of date of
construction may include, but is not limited to, property
surveys, assessor's information, aerial photographs or
affidavits from persons who lived on or near the property
on or before August 2, 1956.
(ii) The structure must be in sound structural condition with
respect to roof, walls, and foundation. If the structure
requires 50% or more replacement, the building must be
removed or brought into conformity with this code. The
extent of replacement required shall be determined by the
Building Official.
(iii) The applicant can demonstrate that the structure has
historic, architectural or cultural value. Specifically, the
structure shall meet one or more criteria established by the
city and patterned after the National Park Service standards
for historic designation. The historic, architectural or
cultural value of the structure shall be subject to review and
comment by a special ad hoc committee, consisting of one
member of the Planning Commission, City Council and
Park Commission.
(iv) The owner of the property shall enter into a development
agreement with the city, the purpose of which is to set forth
what, if any, repairs may be necessary to place the structure
in good condition. The agreement shall be recorded against
the property to ensure that the structure is kept in good
condition. Repairs to the structure shall be consistent with
the original architectural style and materials of the
structure. Nothing in this section shall prevent the owner
from bringing the structure into conformance with this code
or removing it from the property.
(5) Subject to the provisions of subdivision (4) above, no permit shall be issued for
the construction of more than one private detached garage structure for each
detached single-family dwelling, except on the approval of a conditional use
permit according to the provisions of § 1201.04 of this chapter.
(6) Every detached single-family dwelling unit erected after the effective date hereof
shall be so located on the lot so that at least a two car garage, either attached or
detached, can be located on the lot.
(7) No accessory uses or equipment, such as air conditioning cooling structures or
condensers, which generate noise may be located in a required side yard setback,
except for side yards abutting streets where equipment is fully screened from
view.
Section 3. City Code Section 1201.03 Subd. 14 is hereby amended as follows:
Subd. 14. Regulations applicable to shoreline property.
a. No structure of any kind except docks, stairways and lifts shall be built
within the required setback from the ordinary high water level of a
meandered lake, as provided in § 1201.26, subdivision 5 of this code.
b. Docks shall not be built, used or occupied on land located within the R
Districts without a principal dwelling on the lot or parcel to which it is
accessory.
C. The number of docks per lot or parcel of land in the R Districts shall be
limited to one, and the same shall be operated, used and maintained solely
for the use of the members of the family or families residing at the
property upon which the dock is located. The dock shall connect to the
shoreline at only one location, no wider than four feet, and shall extend
into the lake at least eight feet beyond the ordinary high-water mark before
branching out to form slips. The width of the dock shall not exceed four
feet at any point, except that at one location the dock may be no wider
than eight feet for a length of eight feet.
The number of restricted watercraft, as defined by the Lake Minnetonka
Conservation District (LMCD) that may be docked or moored on a single
property is limited to four. The dock owner may exceed four restricted
watercraft only by obtaining an annual multiple dock/mooring license
from the LMCD and a conditional use permit from the city, which permit
shall be subject to the following conditions:
(1) As part of the annual LMCD license review, the owner of the dock
must demonstrate to the city that all boats stored at the dock are
owned, registered and operated by the residents of the property on
which the dock is located.
(2) As part of the annual LMCD license review, the owner of the dock
must demonstrate to the city that the dock is the minimum size
necessary to store the boats owned, registered and operated by the
residents of the subject property.
(3) Boat canopies shall be limited to the size and number that is
required to cover no more than four of the restricted watercraft.
(4) The provisions of § 1201.04, subdivision l.d.(1) are considered
and satisfactorily met.
d. No boat, barge, boathouse or other floating vessel or structure tied or
connected to a dock or wharf located within the city limits shall be used as
a permanent, temporary or seasonal residence.
e. No dock shall be located or constructed within ten feet of the side lot line
of any lot or parcel projected into the lake.
f. No dock located within the R Districts shall extend further into the water
than reasonably necessary to provide docking space for boats and crafts
used by the owner of the dock, and under no circumstance shall a dock
create a safety or navigational hazard or block any channel or access to the
lake from adjoining lots or parcels.
g. Unless specified otherwise in the city zoning code, all docks on all lakes
shall comply with the Lake Minnetonka Conservation District Code of
Ordinances.
h. Seaplane operations shall be subject to Minn. Rules 8800.2800 (Seven -
County Metropolitan Region Seaplane Operations), as may be amended,
which are adopted herein by reference.
Section 4. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
July, 2017.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk