2001 Ord No. 369 - 375
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ORDINANCE NO. 369
AN ORDINANCE AMENDING SECTION 1301.02 OF THE
SHOREWOOD CITY CODE RELATING TO SPRING CLEAN-UP FEES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 1301.02 of the Shorewood City Code is hereby amended to
read as follows:
SPRING CLEAN-UP FEES: The resident/owner shall pay to the City that sum of
money as shall be determined from time to time by resolution of the City Council, based upon the
actual costs of disposal for the following items: appliances; large furniture; tires with and
without rims; truck tires with and without rims; air conditioners; and other items.
Section 2. This ordinance shall be in full force and effect following its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 12th day of February 2001.
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ATTEST:
WOODY LOVE, MAYOR
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ORDINANCE NO. 370
AN ORDINANCE AMENDING SECTION 1301.02
OF THE SHOREWOOD CITY CODE RELATING TO THE
ESTABLISHMENT OF FEES AND CHARGES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 1301.02 of the Shorewood City Code is hereby deleted and
amended to provide as follows:
1301.02: ESTABLISHMENT OF FEES AND CHARGES: Fees and
charges by the City are determined from time to time by resolution of the City Council. Each
section of the City Code, which contains a reference to a fee or charge, is hereby amended to
reflect that the amount shall be established from time to time by resolution of the City Council.
Section 2. This ordinance shall be in full force and effect following its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 26th day of February 2001.
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ATTEST:
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WOODY LOVE, MAYOR
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CITY OF SHOREWOOD
. ORDINANCE NO. 371
AN ORDINANCE AMENDING TITLE 1200 OF THE SHOREWOOD ZONING
CODE, REGARDING NONCONFORMING ACCESSORY STRUCTURES
Section 1. Section 1201.03 Subd. 1. of the Shorewood City Code is hereby amended to add:
"m. Existing nonconforming accessory structures shall be removed or brought into
conformity with this Code, as required in Section 1201.03 Subd. 2.d.(4)(c), or in
instances where the gross floor area of the principal structure is being increased by fifty
percent (50%) or greater in any 12-month period." .
Section 2. Section 1201.03 Subd. 2.d.(4)(c) of the Shorewood City Code is hereby amended to
read:
"(c) In evaluating the conditional use permit, the City shall take into consideration the
location of existing and proposed structures, site drainage, and landscaping. As a
condition of approval of the conditional use permit, existing nonconforming accessory
structures located on the property shall be removed or brought into conformance with
this Code."
Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shore wood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHO
day of May 2001.
ATTEST:
I
SON, CITY ADMINISTRATOR
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ORDINANCE NO. 372
AN ORDINANCE AMENDING SECTION 901.05 OF THE SHOREWOOD CITY CODE
PROVIDING FOR THE RENAMING OF CERTAIN STREETS IN THE CITY OF
SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESTOA, ORDAINS:
Section 1. Section 901.05 of the Shorewood City Code is hereby amended as follows:
The street named Highland Circle, located in S 1/2 S30, Tll?, R23, is hereby changed to
Enchanted Cove.
Section 2. This ordinance shall be in full force and effect following its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 9th day of July, 2001.
WOODY LOVE, MAYOR
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 373-a
AN ORDINANCE AMENDING SECTION 1201.22 SUBD. 2.a.
OF THE SHOREWOOD ZONING CODE TO INCLUDE
MASSAGE THERAPY SERVICES
Section 1. Section 1201.22 Subd. 2.a. of the Shorewood City Code is hereby
amended to add:
"(53) Massage therapy services; licensed pursuant to Chapter 311 of this Code."
Section 2. Section 1201.02 Subd. 13. of the Shorewood City Code is hereby
amended to add:
"MASSAGE THERAPY: A scientific health care or health maintenance
technique or procedure carried out by a m ssage therapist involving the
massaging, kneading, rubbing, pressing, stroking tapping, pounding, vibrating, or
stimulating the human skin, muscles and tissues for no other purpose than
physical fitness, health-care referral, healing relaxation, or beautification.:
"MASSAGE THERAPIST: A person, other than a person licensed as a medical
doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist,
athletic director or trainer, or beautician or barber who confine hislher treatment
to the scalp, face and neck; who for compensation practices and provides massage
therapy; who has a certificate of completion with a minimum of 500 hours of
class credits from a recognized massage therapy schoo1.:"
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 23rd
day of July 2001.
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 373-b
AN ORDINANCE AMENDING TITLE 300 OF THE SHOREWOOD CITY CODE,
ESTABLISHING REGULATIONS FOR THERAPEUTIC MASSAGE LICENSING
Section 1. Title 300 of the Shorewood City Code is hereby amended to include:
CHAPTER 311
THERAPEUTIC MASSAGE LICENSING
311.01:
PURPOSE: To regulate therapeutic massage services and provide for the
licensing thereof.
311.02: DEFINITIONS: For the purpose of this section, certain terms and words are
defined as follows:
Subd. 1. MASSAGE THERAPY: "Massage Therapy" shall mean a scientific health care or
health maintenance technique or procedure carried out by a massage therapist involving
the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating, or
stimulating the human skin, muscles and tissues for no other purpose than physical
fitness, health-care referral, healing relaxation, or beautification.
MASSAGE THERAPIST:. "Massage Therapist" shall mean a person, other than a
person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse,
physical therapist, athletic director or trainer, or beautician or barber who confines his/her
treatment to the scalp, face and neck; who for compensation practices and provides
massage therapy; who has a certificate of completion with a minimum of 500 hours of
class credits from a recognized massage therapy school.
311.03:
LICENSE: It shall be unlawful for any person to practice any form of massage
other than a Therapeutic Massage as defined in this section and then only after
first obtaining a duly issued license therefor from the City.
Subd. 1. Application. All applications for a license to practice Therapeutic Massage shall
contain such information as the Council may, from time to time, require. All applicants
shall be at least eighteen (18) years of age.
Subd. 2. Term. All licenses issued under this ordinance shall expire on the last day of
December of each year
Subd. 3. Renewals. Licenses must be renewed annually. The renewal application shall be
accompanied by an annual fee as provided in Section 1301.02 of this Code.
311.04:
FEES: All initial applications shall be accompanied by a non-returnable
investigation fee as provided in Section 1301.02 of this Code.
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311.05: INSURANCE REQUIREMENTS: Each applicant for a license shall
accompany their application with policies or certificates of insurance by an insurance
company authorized to do business in the State of Minnesota evidencing the following
Insurance coverage:
Subd. 1. Liability Insurance: Insurance against claims for death, or bodily injury in the amount
of at least five hundred thousand dollars ($500,000.00) for injury to or death of anyone
person in anyone incident.
311.06:
EDUCATIONAL REQUIREMENTS:
1. Each applicant for a Massage Therapist license shall furnish with the application
proof of the following:
a. A diploma or certificate of graduation from a school approved by the
American Massage Therapist Association or other similar reputable massage
association; or
b. A diploma or certificate of graduation from a school which is either
accredited by a recognized educational accrediting association or agency, or is
recognized by the Minnesota Higher Education Coordinating Board or other state
agency having jurisdiction over the school.
2. Each applicant shall also furnish proof at the time of application of a minimum of
500 hours of successfully completed course work in the following areas:
a. The theory and practice of massage, including, but not limited to,
Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and
b. Anatomy, including, but not limited to, skeletal and muscular structure
and organ placement, and physiology; and
c. Hygiene
311.07:
EXCEPTIONS TO LICENSE REQUIREMENTS: This Section shall not
apply to persons in the following professions:
1. A state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical
therapist, or assistant working under the direction of any of the above-described
professionals.
2. A state licensed physical therapist, athletic director, or trainer, or an assistant
working under the direction of any of the above-described professionals.
3.
A state licensed beautician or barber, provided treatment is limited to the scalp,
face, and neck.
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311.08:
LICENSE RESTRICTIONS AND REGULATIONS: All Massage Therapist
licensees shall:
1. Display current licenses in a prominent place at their place of employment.
2. Upon demand of any police officer at the place of employment, produce correct
identification.
3. Practice massage only at such location as is designated in the license.
4. Inform the City Clerk in writing of any change in location prior to such change.
5. Refrain from the use of and not be under the influence of alcoholic beverages or
any controlled substance as defined in Minnesota Statutes while practicing Therapeutic
Massage.
6. Require that a person who is receiving a massage shall have hislher genital areas
covered with an appropriate opaque covering.
311.09: VIOLATIONS: Every person who commits or attempts to commit, conspires to
commit, or aids or abets in the commission of any act constituting a violation of this Ordinance,
whether individually of in connection with one or more persons or as principal, or agent, or
accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly,
or willfully, induces, causes, coerces, requires, permits, or directs another to violate any of the
provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this
Ordinance shall constitute a separate offense.
311.10: PENALTIES: Conviction ofa violation of this Ordinance shall be grounds for
suspension or revocation of any license issued hereunder.
Section 2. 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
day of August, 2001.
OREWOOD this 2ih
ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 375
AN ORDINANCE AMENDING SECTION 1201.03 SOOD. 2.g.
OF THE SHOREWOOD ZONING CODE
REGARDING SCREENING AND LANDSCAPING
Section 1. Section 1201.03 Subd. 2.g. of the Shorewood City Code is hereby amended to
"g. Required Screening and Landscaping:
(1) General Residential. Any portion of a lot that is disturbed by grading or
construction activities must be restored by seeding, sodding or landscaping to prevent
erosion. If restoration can not be completed within the growing season for which a
certificate of occupancy is requested, the property owner shall enter into an escrow
agreement with the City and submit a cash escrow or letter of credit for one and one-half
times the estimated amount of the restoration to guarantee completion of the restoration
early in the following growing season.
(2) Semi-Public and All Income-Producing Property Uses. Prior to approval of a
building permit, all semi-public and income-producing property uses shall be subject to a
mandatory Landscape Plan requirement. The Landscape Plan must be developed with
emphasis on the following areas:
(a) The boundary or perimeter of the subject site at points adjoining a public
right-of-way, other property and the immediate perimeter of the structure.
(b) Where any nonresidential use (i.e., structure, loading area, parking or storage
abuts property zoned for residential use, such nonresidential use shall provide
screening along the boundary of the residential property. Such screening shall
consist of landscaping at least as deep as the required setback for the subject site
and of sufficient density to provide a visual screen and reasonable buffer.
(c) Fencing may also be installed, in conjunction with, but not in lieu of,
landscaping. The design and materials used in constructing a required screening
fence shall be subject to the approval of the City Council in conjunction with site
plan review as provided for in Section 1201.03 Subd. 17. ofthis Code.
The screening required herein may consist of a solid fence or wall constructed
from masonry, brick, wood, and/or steel. Such fence or wall shall be of a height
determined necessary by the City Council. Screening shall not extend within
fifteen feet (15') of any street and shall be placed along the property line, or in the
case of screening along a street, fifteen feet (15') from the street with landscaping
(trees, shrubs, grass and other planting) between the screening and the boulevard.
(d) Planting islands shall be required where necessary to visually break up
expanses of hard surface parking areas, for safe and efficient traffic movement,
and to define rows of parking. Planting islands shall occupy at least five percent
(5%) of the total parking area, including aisles and access drives.
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(e) Where feasible, landscape plans shall take advantage of existing vegetation on
the site. Landscape plans must include a tree preservation and reforestation
component consistent with Shorewood's Tree Preservation and Reforestation
Policy, as may be amended.
(3) Financial Guarantee.
(a) The City shall be provided with a financial security such as a certificate of
deposit, letter of credit or cash deposit prior to approval of the landscaping plan or
initiation of work on the proposed improvement or development. The financial
security shall guarantee conformance and compliance with the provisions of this
Section, and where applicable, the conditions of any conditional use permit or
vanance.
(b) The financial security shall be in an amount to be determined by the Zoning
Administrator, but no less than one and one-half (1 Yz) times the amount
determined by the Zoning Administrator for completion of the required screening
and/or landscaping.
(c) The financial security shall be in force at least two (2) growing seasons after
the completion of the required landscaping to insure proper planting and growth.
(4) Standards and Criteria. All landscape plans shall conform to the following standards
and criteria:
(a) Minimum Size. All plants must at least equal the following minimum sizes at
time of planting:
Potted/
Bare Root*
Balled &
Burlaped
Shade trees
Ornamental trees (Flowering
Crab, Russian Olive,
Hawthorn, etc.
Evergreen trees
Tall shrubs and hedge
material (evergreen or
deciduous)
Low shrubs (evergreen or
deciduous)
2 ~ in. caliper
2 ~ in. caliper
6-7ft.
2 in. caliper
6 ft.
3 - 4 ft.
18-24 in.
*Mode is dependent upon time of planting season, availability, and site conditions (includes both
natural [soils, climate, ground water, etc.] and man-made [irrigation, grading, etc.] influences).
(b) Spacing.
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i. Plant material centers shall not be located closer than three (3) feet from
the fence line or property line and shall not be planted to conflict with public
plantings, sidewalks, trails, fences, parking areas, and driveways based on the
judgment of the Zoning Administrator.
ii. Where plant materials are planted in two (2) or more rows, plantings shall
be staggered in rows unless otherwise approved by the Zoning Administrator.
iii. Deciduous trees intended for screening shall be planted not more than
forty (40) feet apart. Evergreen trees intended for screening shall be planted not
more than fifteen (15) feet apart.
iv. Where massing of plants or screening is intended, large deciduous shrubs
shall be planted four (4) feet on center or closer, and/or, evergreen shrubs shall be
planted three (3) feet on center or closer.
v. Types Of New Trees: Trees suitable for complying with this Section shall
be consistent with those specified in the Shorewood Tree Preservation and
Reforestation Policy, as may be amended, or as approved by the Zoning
Administrator. Plant materials shall be varied so as to provide year-round interest
and effective screening where required. All plant materials must comply with the
standards of the American Nurseryman's Association.
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(c) Design (except for pond slopes which shall be subject to the review and
approval of the City Engineer):
i. The landscape plan must show some form of designed site amenities (i.e.,
composition of plant materials, and/or creative grading, decorative lighting,
exterior sculpture, etc.) which are largely intended for aesthetic purposes.
ii. All areas within the property lines (or beyond, if site grading extends
beyond) shall be treated. All exterior areas not paved or designated as roads,
parking, or storage must be planted into ornamental vegetation (lawns, ground
covers, or shrubs) unless otherwise approved by the Zoning Administrator.
iii. Turf slopes in excess of three to one (3: 1) are prohibited.
iv. All ground areas under the building roof overhang must be treated with a
decorative mulch and/or foundation planting.
v. All buildings must have an exterior water spigot or irrigation system to
ensure that landscape maintenance can be accomplished.
vi. Trees and shrubs shall not be planted in the right of way except for
designated parkways and streets as determined by the City Council.
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vii. All plants required as part of an approved landscaping plan shall be
maintained and kept alive. Dead plants shall be replaced in accordance with the
approved landscape plan.
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Vlll. Earth mounds, compact evergreen or dense deciduous hedge five feet
(5') to six feet (6') in height, together with over-story and understory trees or other
plantings may be required in addition to or in lieu of screening.
(5) Landscape Plan - Submission Requirements. The landscape plan required by this
Section shall be to scale and include the following information:
(b) General.
1.. Name and address of developer/owner
11. Name and address oflandscape architect/designer
111. Date of plan preparation
IV. Date and description of all revisions
v. Name ofproject or development
(c) Site information.
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1. North arrow and graphic scale
11. Property boundaries
111. Name and alignments of proposed and existing adjacent streets
IV. Existing and proposed easements and rights-of-way
v. Existing and proposed structures
VI. Topographic contours at two-foot intervals
vii. Existing and proposed parking areas
viii. Existing wetlands and water bodies
ix. Proposed sidewalks
x. Percent of site not covered by impervious surface
(d) Tree inventory consistent with the Shorewood Tree Preservation and
Reforestation Policy, as may be amended.
( e) Landscape proposal.
1. Proposed site grading
11. Details of proposed planting beds and foundation plantings
111. Delineation of both sodded and seeded areas
iv. Location and identification of proposed landscape or man-made materials
used to provide screening from adjacent properties
v. Where screening is required, a cross-section drawing illustrating the
effectiveness of proposed screening
vi. Location, size, spacing and species of all trees and plant materials
vii. Details of fences, retaining walls, planting boxes, berms, and other
landscape improvements, including cross-section drawings
viii. Location and details of landscape islands
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(f) Planting schedule. A table containing:
1. Common and botanical names of all plant materials
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11. Quantities
111. Root specifications
IV. Special planting instructions
v. Proposed planting dates
(g) A plan identifying aggressive or invasive exotic plants as described in
Minnesota Non-Native Terrestrial Plants: An Identification Guide for Resource
Managers and a program for eradicating or managing such exotic plants.
(6) Screening of Mechanical Equipment. All rooftop and ground mounted mechanical
equipment of residential buildings having five (5) units or more and of non-residential
buildings shall comply with the following standards:
(a) All rooftop and ground mounted mechanical equipment shall be screened so
as to mitigate noise in compliance with Subd. 2.m. of this Section.
(b) All rooftop and ground mounted mechanical equipment shall be designed
(including exterior color) and located so as to be aesthetically harmonious and
compatible with the building. Screening of and landscaping around the
equipment may be required where the design, color, and location of the equipment
are found to not effectively buffer noise or provide aesthetic harmony and
compatibility. Screening shall be constructed of durable materials which are
aesthetically compatible with the structure and which may be an integral part of
the structure. Applicable requirements for access to the equipment shall be
observed in the design and construction of the screening.
(c) Rooftop mechanical equipment less than three (3) feet in height may be
exempt from screening requirements by the Zoning Administrator.
Section 2. 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 10th day of
December 2001.
WOODY LOVE, MAYOR
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CITY OF SHOREWOOD
ORDINANCE NO. 374
AN ORDINANCE AMENDING SECTION 1201.03 SOOD. 2.
OF THE SHOREWOOD ZONING CODE TO INCLUDE
BUSINESS HOURS
Section 1. Section 1201.03 Subd. 2. of th~ Shorewood City Code is hereby amended to
add:
"t. . Business Hours: Any commercial use that is regularly open for business or involves other
significant, outdoor activity during any hour between ten 0' clock (10:00) P.M. and seven 0' clock
(7:00) A.M. must obtain a conditional use permit, as regulated by Section 1201.04 of this Code,
subject to the following conditions:
(1) No off-street loading shall occur within two hundred feet (200') of a residential
district boundary during the hours between ten o'clock (10:00) P.M. and seven o'clock (7:00)
A.M. Trucks parked, with motors shut off, before ten o'clock (10:00) P.M. maybe offloaded
between the hours of 10:00 P.M. and 7:00 A.M. provided that any noise associated with such
offloading does not create a nuisance for adjacent residential uses.
(2) Movement of sweeping vehicles, garbage trucks, maintenance trucks, shopping carts,
and other service vehicles and equipment is prohibited within two hundred feet (200') ofa
residential district boundary between the hours of ten o'clock (10:00) P.M and seven o'clock
(7:00) A.M.
(3) Outdoor speaker systems or other public address systems which can be heard outside
are not allowed to be used between the hours often o'clock (10:00) P.M. and seven o'clock
(7 :00) A.M.
(4) All lighting not reasonably required for security or for business operations (within
100 feet of the main entrance to the building) must be turned off between the hours often
o'clock (10:00) P.M. and sunrise."
Section 2. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City ofShorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOO
December 2001.
. 10th day of
ATTEST:
CRAIG W 'AWSON, CITY ADMINISTRATOR/CLERK