Ordinance 613 Approving an Amendment to Shorewood City Code Chapter 1201 Relative to Administration, Amendments, Conditional Use Permits, and Interim Use PermitsORDINANCE 613
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE APPROVING AN AMENDMENT TO
SHOREWOOD CITY CODE CHAPTER 1201 RELATIVE TO ADMINISTRATION, AMENDMENTS,
CONDITIONAL USE PERMITS, AND INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
SECTION 1: City Code Section 1201.02 is hereby amended as set forth below by adding the
underlined language and deleting the StFikethFOWgI4 language as follows:
1201.02. DEFINITIONS.
INTERIM USE. A temporary use of property until a particular date, until the
occurrence of a particular event or until the use is no longer allowed by zoning regulations.
INTERIM MAIBITJAAIUSE PERMIT. A permit issued by the City Council in accordance with
procedures specified in § 1201.04 of this code.
SECTION 2: City Code Section 1201.03, Subd. 2. c. is hereby amended as set forth below by
adding the underlined language and deleting the stFi1(ethF9wgI4 language as follows:
1201.03 GENERAL PROVISIONS.
Subd. 2. General building and performance requirements.
c. Property development.
(4) Except in the case of planned unit development as provided for in § 1201.06 of this
chapter, not more than one principal building shall be located on a lot. The city may, by interim
ciema4 use permit, allow a single-family residential dwelling to remain on a lot while a new
dwelling is being constructed on the same lot, provided that:
(a) The new dwelling shall conform to the setback requirements of the zoning district in
which it is located;
(b) Construction of the new dwelling shall not result in substantially greater site
alteration (for example, tree removal or grading) than if the original house is first removed;
(c) The property owner must provide an estimate from a licensed contractor for the
cost of removing the original dwelling and restoring the site. From this estimate the city shall
require a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that
the original dwelling will be removed within two weeks of the date that a certificate of
occupancy is issued for the new dwelling. In no instance shall the original home remain on the
property longer than two years;
(d) The property owner shall provide the cash escrow or letter of credit referenced in (c)
above at the time a building permit is issued for the new dwelling. The new dwelling shall not
be occupied until a certificate of occupancy has been issued; and
(e) The request shall be subject to the requirements of § 1201.04 Subd. 4. of this
chapter.
SECTION 3: City Code Section 1201.03, Subd. 17 is hereby amended as set forth below by
adding the underlined language and deleting the stFikethF9wg4 language as follows:
Subd. 17. Plan review.
a. Purpose. The purpose of this subdivision is to establish a formal plan review procedure
and provide regulations pertaining to the enforcement of site design and
construction standards as agreed to by the contractor through his 9F eF their officially
submitted plan documents. The provisions of Section 1201.04 apply to plan review applications
with the exception of public notice and public hearing requirements.
b. Plans required. In addition to other plan requirements outlined in this chapter, site and
construction plans will be required and shall be submitted to and approved by the BuildiRg
nil Zoning Administrator prior to the issuance of any building permit.
c. City Council action. Except in the case of minor projects, additions or alterations as
determined by the Zoning Administrator, all building and site plans for multiple- family or
commercial construction shall be subject to review by the Planning Commission and approval
by the City Council.
d. Plan agreements. All site and construction plans officially submitted to the city shall be
treated as a formal agreement between the building eentFaGteF applicant and the city. Once
approved, no changes, modifications or alterations shall be made to any plan detail, standard or
specification without prior submission of a plan modification request to the Building
Zoning Administrator for his eF heF their review and approval.
e. Performance agreement and guarantee. A performance agreement and guarantee may
be required to be executed for plan reviews in accordance with City Code 1201.04, Subd. 3. f.
when recommended by the Zoning Administrator and approved by the City Council.
e#. Enforcement. The Building Official or Zoning Administrator shall have the authority to
order the stopping of any and all site improvement activities, when and where a violation of the
provisions of this section has been officially documented by the Building Official or Zoning
Administrator.
SECTION 4: City Code Section 1201.04 is hereby amended as set forth below by adding the
underlined language and deleting the stFi1(ethF Wgl language as follows:
1201.04 ADMINISTRATION, AMENDMENTS, AND CONDITIONAL USE PERMITS AND INTERIM
USE PERMITS.
Subd.1. Procedure.
a. Pursuant to M.S. § 15.99, an application for a conditional use permit shall be approved or
denied within 60 days from the date of its official and complete submission unless extended
pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the
city staff is hereby authorized to extend the 60-day time limit by a time period not to exceed 60
additional days, provided written notice of such extension is provided to the applicant before
the end of the initial 60-day period.
b. Application. Notwithstanding anything to the contrary in this chapter, all applications for
any amendments to map or Chapter, site plan, conditional use permit, interim 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 cite, Of the e0ty l4a ,gfi: , to the
Zoning Administrator.
The application shall be accompanied by a fee and escrow deposit as provided for by City
Council ordinance. This fee shall not be refunded.
The application shall also be accompanied by one hard copy and one electronic copy (in a
format identified by the Zoning Administrator) of detailed written and graphic materials fully
explaining the proposed change, development or use and as may be listed elsewhere in City
Code.
Every application shall contain the legal description of the property and a statement of the
specific permit or action being sought.
Nothing in this section shall be deemed to prevent the citv from reauestine additional
information from the applicant upon which to base a decision.
The Zoning Administrator is authorized to reject in writing any incomplete application within 15
business days of receipt, stating the reasons e+ for its resection, including what information is
missing. This rejection shall be sent by first-class mail or email to the applicant.
c. Staff review/technical assistance reports. Upon receipt of a complete application for an
amendment, of conditional or interim use permit, the Zoning Administrator shall, when deemed
necessary, refer the request to appropriate staff to ;tee ensure 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. The Zoning Administrator shall also instruct the
appropriate staff persons to mail notice to property owners within the required public
notification distance for the respective application and post si2naRe on or in front of the subiect
property indicating that an application is under consideration.
shall p edl if the fee h- d hAll., nail "ding a ,decisi. n A-f the .+
d. Public hearing. Upon official submission of the request, the Zoning Administrator shall
set a public hearing on the request for amendments, conditional use permits or interim use
permits for a regularly scheduled Planning Commission meeting and publish a notice in the
official newspaper no less than ten days prior to the hearing. The notice shall contain a
description of the request and the time and place of the public hearing. Written notification of
the hearing shall also be mailed at least ten working days prior to the date of the hearing to all
owners of land within 500 feet of the boundary of the property related to a conditional/interim
use permit and 750 feet of the boundary of the property related to an amendment. Failure of a
property owner to receive the notice shall not invalidate any proceedings as set forth within this
chapter.
e. Referral to City Council. Upon receipt of the Planning Commission report and
recommendation, the Zoning Administrator shall place the request and any report and
recommendation on the agenda of the an upcoming regularly scheduled meeting of the
City Council.
f. City Council action. Upon receiving the request and any report and recommendation of
the Planning Commission and the city staff, the City Council s4A have the eptieA to set .,P
held a ublir: heaFiRg if d'^^m^a ^and shall make a decision on the request and d
as deemed necessary adopt findings of fact.
(1) Approval of a request for a zoning district amendment, where the classification of a
property will change from residential to commercial, shall require passage by a four -fifths vote
of the full City Council. Requests for all other zoning district amendments, text amendments and
conditional and interim use permits shall require a simple majority vote of the full City Council.
(2) In the case of a conditional or interim use permit, the Council may impose any
condition it considers necessary to protect the public health, safety and welfare.
(3) In the case of an amendment, the amendment shall not become effective until the
time as the City Council approves an ordinance reflecting the amendment and after the
ordinance is published in the official newspaper.
(4) Whenever an application for an amendment,_ e-r-conditional or interim use permit, or
site plan review has been considered and denied by the City Council, a similar application fef
}"^ ^ ^d'^^^^+ ^ ^d'9*i^^a' use peFfflit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six months from the
date of its denial; a subsequent application affecting substantially the same property shall
likewise not be considered again by the Planning Commission or City Council for an additional
six months from the date of the second denial, unless a decision to reconsider the matter is
made a simple majority of the full City Council.
Subd.2. Amendments.
a. Initiation. The City Council or Planning Commission may, upon their own motion, initiate
a request to amend the text or the district boundaries of this chapter. Any person owning
real estate, or anyone who has received a property owner's written authorization, within
the city may initiate a request to amend the district boundaries or text of this chapter so
as to affect his or her own real estate.
b. Review criteria. Requests to amend the text or the district boundaries of this chapter
shall be consistent with the Comprehensive Plan and shall be found by the City Council to
meet at least one of the following review criteria:
(1) The zoning district boundary or designation was originally adopted in error or
is no longer consistent with the Comprehensive Plan.
(2) Times and conditions have changed since the text or district boundaries we
adopted.
Subd. 3. Conditional use permit.
a. Purpose. The purpose of a conditional use permit is to provide the City of Shorewood
with a reasonable degree of discretion in determining the suitability of certain designated uses
upon the general welfare, public health and safety. In making th;S d ter,,.,inati,,A .,hetheF OF
v. emises eF en any adjoiniRg Feads -;;Pd- -;;'I A-t_.hP_.r A-F f-AW-re far_#A_r_,; -;;r-, t-he city shall deem a
health and safety.
b. Informational requirement. The information required for all conditional use permit
applications generally consists of the following items and shall be submitted with the
application.
(1) Certified survey prepared by a registered licensed surveyor, at a scale of one inch to
ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet, which shall include, but not be limited to:
(a) The location and dimensions of boundary lines, buildings, structures, topography,
wetlands, and similar features, and the like;
(b) The distance between boundary lines and buildings, structures and other
improvements;
(c) The location of adjacent buildings located within 20 feet of the exterior boundaries
of the property in question;
(d) The area of the lot and a detailed description of the existing and proposed
impervious surface coverage;
(e) The legal description of the property;
(f) Any public or private easements;
(g) Any municipal utilities, private wells or private on -site wastewater treatment
systems, and other utilities.
(2) Site development plans at a scale of one inch to ten feet, 20 feet, 30 feet, 40 feet, 50
feet or 60 feet (unless indicated otherwise), which shall include:
(a) Location and dimensions of all proposed buildings on lots and the distance between
proposed buildings and structures to property lines;
(b) Location and number of existing and proposed parking spaces;
(c) Vehicular circulation and dimensions;
(d) Architectural elevations (type and materials used in all external surfaces) and
concept floor or room plans at a scale of one inch to four feet, eight feet, 16 feet or as may be
appropriate as determined by the Zoning Administrator;
(e) Lighting plan consistent with § 1201.03 Subd. 2.v. of this chapter;
(f) Curb cuts, driveways, number of parking spaces.
(3) Grading plan, which shall include:
(a) Existing contour;
(b) Proposed grading elevations;
(c) Drainage configuration;
(d) Storm sewer catch basins and invert elevations;
(e) Spot elevations;
(f) Proposed road profile;
(g) Graphic scale: all plans shall be expressed as one inch to ten feet, 20 feet, 30 feet, 40
feet, 50 feet or 60 feet.
(4) Landscape plan, which shall include:
(a) Location of all existing trees, type, diameter and which trees will be removed;
(b) Location, type and diameter of all proposed plantings;
(c) Location of and material used for all screening devices;
(5) Proof of ownership of the land for which a conditional use permit is requested;
(6) A narrative indicating the proposed use, operational features of the use including, but
not limited to, hours of operation, number of employees, and the like, and compliance with
§ 1201.04 Subd. 1.d. of this chapter;
(7) Any information required by the applicable zoning district;
(8) Other information as determined by the Zoning Administrator or City Council.
c. Review criteria. In reviewing a Conditional Use Permit, the City Council shall consider the
recommendation of the Planning Commission and the following review criteria:
(1) The proposed use, and its related construction, would be consistent with the policies
and provisions of the Comprehensive Plan.
(2) The proposed use would be compatible with present and future land uses in the area
and would not tend to or depreciate the area in which it is proposed.
(3) Adequate public facilities and services, including existing and anticipated traffic
concerns, are available or can be reasonably provided to accommodate the proposed use.
(4) The proposed use conforms to the applicable regulations of the zoning district in
which it is located and otherwise conforms to all applicable regulations of the City Code.
(5) The proposed use will not be detrimental to the health, safety and general welfare of
the occupants of surrounding lands.
d. Conditions of approval. In permitting a new conditional use permit or amending an
existing conditional use permit, the Planning Commission may recommend and the City Council
may impose, in addition to the standards and requirements expressly specified by this code,
additional conditions that the Planning Commission or City Council consider necessary to
protect the best interest of the surrounding area or the community as a whole. These
conditions may include but are not limited to the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicular access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location and lighting of signs;
(7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or
nearby property.
(8) The property on which the conditional use is located shall not become in violation of
any requirements of the Shorewood City Code or any conditions imposed by City Council.
ee. Lapse of conditional use permit by non-use. Whenever, within one year after granting a
conditional use permit, the use as permitted by the permit shall not have been completed or
utilized, then the permit shall become null and void unless a petition for an extension of time in
which to complete or utilize the use has been granted by the City Council. The extension shall
be requested in writing and filed with the Zoning Administrator at least 30 days before the
expiration of the original conditional use permit. There Shall be ne chaFge f9F the filing e f the
The extension request shall be accompanied by a fee set by the City of Shorewood Fee
Schedule as may be amended. The request for extension shall state facts showing all efforts to
complete or utilize the use permitted in the conditional use permit. The petition shall be
presented to the Planning Commission for a recommendation and to the City Council for a
decision. The Conditional Use Permit or any amendments thereto shall be recorded at the Office
of the County Recorder.
4f. Performance agreement and guarantee.
(1) Except in the case of PFE)d GiRg - sidential p single-familv and
two-family properties, upon approval of a conditional use permit, interim use permit, or site
plan, the developer shall execute a performance agreement in the form drafted by the Zoning
Administrator and approved by the City Council and provide a letter of credit, or cash deposit
prior to the issuance of building permits or beginning the proposed improvements or
development and shall remain in place until the project is completed. The letter of credit shall
automatically renew until all approved improvements have been completed as determined by
the Zoning Administrator/City Engineer and shall guarantee conformance and compliance with
the conditions of the conditional use permit and the ordinances of the city. The Zoning
Administrator may periodically reduce the financial guarantee based on the completion of
improvements, as outlined in the agreement.
(2) The security shall be in the amount of one and one-half times the City Engineer's or
City Building Official's estimated costs of labor and materials for the proposed improvements or
development. The project can be handled in stages upon the discretion of the City Engineer and
Zoning Administrator.
(3) The city shall hold the security until completion of the proposed improvements or
development and a certificate of occupancy indicating compliance with the conditional use
permit and ordinances of the city has been issued by the City Building Official.
(4) Failure to comply with the conditions of the conditional use permit, interim use
permit, site plan, or City Code the ^rd'i^-a^e^s ^{+h^ ei+„ shall result in forfeiture of the security.
f. Revocation. A conditional use permit may be revoked if there is not substantial compliance
with the conditions of approval.
Subd. 4. Interim eend+tienel use permit.
Purpose. The purpose and intent of an Interim dal Use Permit is:
(1) To allow a use for a brief period of time while permanent location is obtained or
constructed; or
(2) To allow a use that is presently judged acceptable by the City Council, but that with
anticipated development or redevelopment, will not be acceptable in the future; or
(3) To allow a use that is reflective of anticipated long-range change to an area and that is
in compliance with the Comprehensive Plan, provided that the use maintains harmony and
compatibility with surrounding uses and is in keeping with the performance standards of this
code; or
(4) To provide a mechanism for allowing changes to a nonconforming use of property
contingent upon a plan for cessation of the nonconforming use within a specified period of
time.
b. Informational requirement and procedure. The information required and the procedure
to be followed for all interim conditional use permit applications shall be the same as that
required for a conditional use permit as provided for in this section.
c. Termination. An interim dal use shall terminate on the happening of any of the
following events, whichever occurs first:
(1) The date or event stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city's zoning regulations that renders the use nonconforming;
(4) The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
d. General standards. An interim eenditienal use permit shall comply with all of the
following:
(1) Conform to the applicable general building and performance requirements of
§ 1201.03, Subd. 2 of this codei
(2) The use is allowed as an interim use in the respective zoning district;
(3) The date or event that will terminate the use can be identified with certainty;
(4) The use will not impose additional unreasonable costs on the public if it is necessary
for the public to take the property in the future;
(5) The user agrees to any conditions that the City Council deems appropriate for
permission of the use. The conditions shall be set forth in a development agreement between
the property owner and the city, which agreement shall be recorded with the Hennepin County
Recorder or Registrar of Deeds.
e. Conditions of approval. In permitting a new interim eendi#eRal use permit or amending
an existing interim eenditional use permit, the Planning Commission may recommend and the
City Council may impose, in addition to the standards and requirements expressly specified by
this code, additional conditions that the Planning Commission or City Council consider
necessary to protect the best interest of the surrounding area or the community as a whole.
These conditions may include but are not limited to the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicular access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location and lighting of signs;
(7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or
nearby property.
8 The property on which the interim use is located shall not become in violation of any
requirements of the Shorewood City Code or any conditions imposed by City Council.
f. Lapse of interim use permit by non-use. Whenever, within one year after granting an
interim use permit, the use as permitted by the permit shall not have been completed or
utilized, then the permit shall become null and void unless a petition for an extension of time in
which to complete or utilize the use has been granted by the City Council. The extension shall
be requested in writing and filed with the Zoning Administrator at least 30 days before the
expiration of the original interim use permit. The extension request shall be accompanied by a
fee set by the City of Shorewood Fee Schedule as may be amended. The request for extension
shall state facts showing all efforts to complete or utilize the use permitted in the interim use
permit. The petition shall be presented to the Planning Commission for a recommendation and
to the City Council for a decision. The Interim Use Permit or any amendments thereto shall be
recorded at the Office of the Countv Recorder.
g. Revocation. An interim use permit may be revoked if:
(1) The property is found to be in violation of the conditions listed in the interim
ieeal use permit; or
(2) If access to the property for purpose of making and inspection is refused to the
Zoning Administrator or 4s-their designee. The same pFeeess established f^.F
(1987 Code, § 1201.04) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 389, passed 8-12-2002; Am.
Ord. 550, passed - -2018; Am. Ord. 569, passed 8-26-2019; Am. Ord. 575, passed 12-14-2020)
SECTION 5: This Ordinance shall take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 13th day of
January, 2025.
JENNIFER LABADIE, MAYOR
ATTEST:
III
Famoo,
SANDIE THONE, CITY CLERK