Staff ReportsCITY OF SHOREWOOD
ORDINANCE NO. 473
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO THE REGULATION OF TRASH RECEPTACLES
Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read:
"n. Refuse.
(1) Except for single-family and two-family dwellings, all buildings having exterior
trash receptacles shall provide an enclosed area in conformance with the
following:
(a) The enclosed trash receptacle shall be located in the rear or side yard, but
not in a side yard abutting a street, no closer to the public right of way
than the principal structure. If the enclosure is higher than six feet, it shall
comply with the setback requirements of the zoning district in which it is
located.
(b) The trash enclosure shall be in an accessible location for servicing
vehicles and shall not interfere with site circulation.
(c) The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
(d) The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator. The enclosure may consist of
construction of a man-made barrier, or landscaping, or both. Where the
enclosure consists of landscaping, vegetation shall be of sufficient size,
density and type so as to provide a year round visual barrier. Man-made
enclosures shall be of solid, durable construction using materials that
complement the materials of the principal structure. Required screening
shall be consistent with Section 1201.03 Subd. 2.g. of this Code.
(e) Recycling space must be provided as required by the State Building Code.
(f) The owner of any property subject to the requirements of this section shall
construct or install a trash enclosure on or before 1 July 2011."
(2) Motor vehicles not currently licensed by the state, or which are, because of
mechanical deficiency, incapable of movement under their own power, parked or
stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are
considered refuse or junk and shall be disposed of. The outdoor storage of junk in
yards in all residential districts shall be considered to be a nonconforming use and
shall be removed."
Section 2. City Code Section 1201.03 Subd. 3.c. is hereby amendecl)to include:
"(9) Storage of trash receptacles for single-family and two-family dwelli s may extend into a
required front yard setback or required side yard setback abutting a sl rect no more than
five feet. Trash receptacles may be placed adjacent to the street, 12 1 ours prior to the
designated refuse collection day, and must be removed no later than 2 hours after the
designated refuse collection day.
Section 3. That this Ordinance shall be in full force and effect upon bublishing in the
Official Newspaper of the City of Shorewood. I
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOpD this 13th day of
December 2010. I
ATTEST:
Brian Heck, City Administrator/Clerk
-2-
Christine Lizeel Mayor
COUNCIL ACTION FORM
Department: Planning Council Meeting: 12/13/10 Item Number: 8B
From: Brad Nielsen, Planning Director
Item Description: Zoning Code Amendment — Trash Enclosures
Background / Previous Action
The Planning Commission has been working on an ordinance relative to requiring trash
receptacles to be kept inside an enclosure (when they are located outside of a building). Last
Tuesday, they held a public hearing to consider a second draft of an ordinance prepared by
staff. They recommended unanimously to recommend approval of the draft (see Exhibit A,
attached). Since then, Councilmember Woodruff has suggested that the last provision in the
draft should be revised to allow trash containers to be placed at the street the day before the
designated collection day. It seems pretty typical that people would place their trash at the
street the night before pickup (I do), and the revision (Exhibit B) allows residents to place their
trash at the curb 12 hours before the designated collection day.
Options
The Council can do nothing, or it can adopt the second draft amendment, or it can adopt the
third draft of the amendment.
Staff Recommendation
It is recommended that the third draft of the amendment be adopted.
Council Action:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474.0128 • www.ci.shorewood.mmus • cityhallOci.shorewood.mmus
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 1 December 2010
RE: Code Amendment — Trash Enclosures — Second Draft
FILE NO. Zoning Code (Chapter 1201.03)
Attached is the second draft of the proposed amendment relative to trash enclosures.
Please note that deletions are show with stfikeeuts and additions are shown in italics.
As recommended by the Planning Commission, the order of the provisions has been
revised. A (hopefully) better description of the required enclosures has been included
in (1)(d). Based on a comment from an affected business owner, we have included
landscaping as an alternative to a man-made structure. Also, we have reference the
existing section of the Zoning Code that deals with required screening and
landscaping. Since this section already contains comprehensive provisions regarding
screening requirements, it may not be necessary to include another policy in the
Comprehensive Plan.
If you have questions or comments on this material, feel free to contact me prior to
the meeting on Tuesday night.
Cc: Brian Heck
Mary Tietjen
0 PRINTED ON RECYCLED PAPER
Exhibit A
S-E-C-O-N-D--D-R-A-F-T-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO THE REGULATION OF TRASH RECEPTACLES
Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read:
'In. Refuse.
(1) Except for single-family and two-family dwellings, all buildings having exterior
trash receptacles shall provide an enclosed area in conformance with the
following:
(a) The enclosed trash receptacle shall be located in the rear or side yard, but
not in a side yard abutting a street, no closer to the public right of way
than the principal structure. If the enclosure is higher than six feet, it shall
comply with the setback requirements of the zoning district in which it is
located.
(b) The trash enclosure shall be in an accessible location for servicing
vehicles and shall not interfere with site circulation.
(c) The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
(d) The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator. The enclosure may consist of
construction of a man-made barrier, or landscaping, or both. Where the
enclosure consists of landscaping, vegetation shall be of sufficient size,
density and type so as to provide a year round visual barrier. Man-made
enclosures shall be ofsolid, durable construction using materials that
complement the materials of the principal structure. Required screening
shall be consistent with Section 1201.03 Subd. 2.g. of this Code.
(e) Recycling space must be provided as required by the State Building Code.
(f) The owner of any property subject to the requirements of this section shall
construct or install a trash enclosure on or before 1 July 2011. The
n d `_ __ authorized .. ed to ant „ extension, not too eed 90 days
in cas
1, of p -
etical di ffi ..Ities beyond the ntral a f the n
(2) Motor vehicles not currently licensed by the state, or which are, because of
mechanical deficiency, incapable of movement under their own power, parked or
stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are
considered refuse or junk and shall be disposed of. The outdoor storage of junk in
yards in all residential districts shall be considered to be a nonconforming use and
shall be removed." Section 2. City Code Section 1201.03 Subd. 3.c. is hereby
amended to include:
"(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 on the designated refuse
collection day, but must be removed no later than 12 hours after the designated refuse
collection day.
Section 3. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this _ day of
December 2010.
CHRISTINE LIZEE, MAYOR
ATTEST:
BRIAN HECK, CITY ADMINISTRATOR/CLERK
-2-
T-11-1-R-U--D-R-A-F-T-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO THE REGULATION OF TRASH RECEPTACLES
Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read:
"n. Refuse.
(1) Except for single-family and two-family dwellings, all buildings having exterior
trash receptacles shall provide an enclosed area in conformance with the
following:
(a) The enclosed trash receptacle shall be located in the rear or side yard, but
not in a side yard abutting a street, no closer to the public right of way
than the principal structure. If the enclosure is higher than six feet, it shall
comply with the setback requirements of the zoning district in which it is
located.
(b) The trash enclosure shall be in an accessible location for servicing
vehicles and shall not interfere with site circulation.
(c) The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
(d) The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator. The enclosure may consist of
construction ofa man-made barrier, or landscaping, or both. Where the
enclosure consists of landscaping, vegetation.shall be ofstri icient sire,
density and type so as to provide a year round visual barrier. Man-made
enclosures shall be of solid, durable construction using materials that
complement the materials of the principal structure. Required screening
shall be consistent with .Section 1201.03 Subd 2.g. of this Code.
(e) Recycling space must be provided as required by the State Building Code.
(f) The owner of any property subject to the requirements of this section shall
construct or install a trash enclosure on or before I July 2011. The Zoning
n d .1.,. ed tog nt a waensien, et W a and 90 days,
Exhibit B
(2) Motor vehicles not currently licensed by the state, or which are, because of
mechanical deficiency, incapable of movement under their own power, parked or
stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are
considered refuse or junk and shall be disposed of. The outdoor storage of junk in
yards in all residential districts shall be considered to be a nonconforming use and
shall be removed." Section 2. City Code Section 1201.03 Subd. 3.c. is hereby
amended to include:
"(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 hourprier to on the
designated refuse collection day, but and must be removed no later than 12 hours after
the designated refuse collection day.
Section 3. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this _ day of
December 2010.
CHRISTINE LIRE, MAYOR
ATTEST:
BRIAN HECK, CITY ADMINISTRATOR/CLERK
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhaIIQci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 3 November 2010
RE: Code Amendment — Trash Enclosures
FILE NO. Zoning Code (Chapter 1201.03)
At it s last meeting, the Planning Commission directed staff to prepare an amendment to the
Shorewood Zoning Code relative to requiring enclosures for trash receptacles. The attached draft
addresses comments and concerns the Commission had regarding staff s initial suggestions on
the topic. Most notably, the amendment treats side yards abutting streets the same as front yards,
and single-family and two-family dwellings are allowed to keep trash receptacles as an allowable
five-foot encroachment into the required front yard setback. The deadline for compliance has
also been moved back to 1 June 2011.
Please note that proposed code revisions are highlighted in red print.
If the Planning Commission is in agreement with the draft amendment, it will be scheduled for a
public hearing in December.
Cc: Brian Heck
Mary Tietjen
n
JLr, PRINTED ON RECYCLED PAPER
-D-R-A-F-T-
CITY OF SHOREWOOD
ORDINANCE NO. _
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO THE REGULATION OF TRASH RECEPTACLES
"n.
(d�
Section 1. City Code Section 1201.03 Subd. 2.n. is hereby amended to read:
Refuse.
(1)
Except for single-family and MO -family d-,velIings. all buildings having exterior
trash receptacles shall provide an enclosed area in conformance %%ith the
following:
Exterior wall treatment shall be similar and complement the materials of
the principal building.
(A)(b) The enclosed trash receptacle shall be located in the rear or side yard, but
not in a side yard abutting a street. no closer to the public right of way
than the principal structure. If the enclosure is higher than six feet, it shall
comply with the setback requirements of the zoning district in which it is
located.
(c) The trash enclosure shall be in an accessible location for servicing
vehicles and shall not interfere with site circulation.
,,l) The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
Y(e) The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator.
el (f) Recycling space must be provided as required by the State Building Code.
(t (g) The owner of any property subject to the requirements of this section shall
construct or install a trash enclosure on or before 4,-2011. T4*-
Motor vehicles not currently licensed by the state, or which are, because of
mechanical deficiency, incapable of movement under their own power, parked or
stored outside in violation of § 501.05, Subd. 9 of this code, as amended, are
considered refuse or junk and shall be disposed of. The outdoor storage of junk in
yards in all residential districts shall be considered to be a nonconforming use and
shall be removed."
Section 2. City Code Section 1201.03 Subd. 3.c. is hereby anteml-
�alQ at
n
- f -_ �.iiiCfift :C�.lLii,11C�1lclilJClt
shall be in full force and effect upon
(/ -ewood.
IL OF THE CITY OF
MA
BRU N HECK, CITY ADMINISTRATOR/CLERK
in the
this _ day of
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mrLus • cityhall6d.shorewood.mmus
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 3 November 2010
RE: Code Amendment— Trash Enclosures
FILE NO. Zoning Code (Chapter 1201.03)
At it s last meeting, the Planning Commission directed staff to prepare an amendment to the
Shorewood Zoning Code relative to requiring enclosures for trash receptacles. The attached draft
addresses comments and concerns the Commission had regarding staff s initial suggestions on
the topic. Most notably, the amendment treats side yards abutting streets the same as front yards,
and single-family and two-family dwellings are allowed to keep trash receptacles as an allowable
five-foot encroachment into the required front yard setback. The deadline for compliance has
also been moved back to 1 June 2011.
Please note that proposed code revisions are highlighted in red print.
If the Planning Commission is in agreement with the draft amendment, it will be scheduled for a
public hearing in December.
Cc: Brian Heck
Mary Tietjen
n
I`� PRINTED ON RECYCLED PAPER
CITY OF
-� SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhaII@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 9 October 2010
RE: Zoning Amendment — Trash Enclosures
FILE NO. Zoning (1201.03)
An issue has recently arisen regarding commercial trash receptacles. Specifically, a commercial
property in Shorewood has begun storing its dumpster in front of the building with no attempt to
screen it from view. Staff attempted to convince the owner of the property that the dumpster was
unsightly and did not project a positive image for the property or businesses in general.
However, efforts by staff to have the dumpster moved to a less noticeable location have failed
and the City Council directed staff to prepare an ordinance addressing such situations.
Historically, Shorewood has not had much of an issue with trash facilities. They have typically
been handled in various types of zoning actions, including conditional use permits, variances,
and site plan reviews. In reviewing how other cities address this issue, it was found that most
cities impose trash collection standards on new as well as existing establishments. It is
recommended that the following provisions be incorporated into Section 1201.03 Subd. 2.n.
(Refuse):
(1) All buildings having exterior trash receptacles shall provide an enclosed area in
conformance with the following:*
(a) Exterior wall treatment shall be similar and complement the materials of the
principal building.
(b) The enclosed trash receptacle shall be located in the rear or side yard, no closer to
the public right of way than the principal structure. If the enclosure is higher than
six feet, it shall comply with the setback requirements of the zoning district in
which it is located.
c• PRINTED ON RECYCLED PAPER
Memorandum
Re: Trash Enclosures
9 October 2010
(c) The trash enclosure shall be in an accessible location for servicing vehicles and
shall not interfere with site circulation.
(d) The trash receptacles must be fully screened from view of adjacent properties and
the public right-of-way.
(e) The design and construction of the trash enclosure shall be subject to the approval
of the Zoning Administrator.
(f) Recycling space must be provided as required by the State Building Code.
(g) The owner of any property subject to the requirements of this section shall
construct or install a trash enclosure on or before 28 February 2011. The Zoning
Administrator is authorized to grant an extension, not to exceed 90 days, in the
case of practical difficulties beyond the control of the owner.
*Note that this provision applies to all properties. While it is assumed that owners of
most residential properties store their trash receptacles inside a building, this is not
always the case. Our discussion should address this aspect of the issue.
Depending on the outcome of our discussion on 19 October, it is suggested that this item be
scheduled for a public hearing at the November Planning Commission meeting.
Cc: Brian Heck
Mary Tietjen
Patti Helgesen
Joe Pazandak
-2-