Subd. 1. Title. This chapter shall be known as the “Shorewood Zoning Ordinance” except as referred to herein, where it shall be known as “this chapter.”
Subd. 2. Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use of land. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to the zoning ordinance.
Subd. 3. Relation to Comprehensive Plan. It is the policy of the City of Shorewood that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Plan as developed and amended from time to time by the City Council of the city. The Council recognizes the Comprehensive Plan as the Policy Guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth.
Subd. 4. Application of requirements.
a. Relationship to other laws. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the city the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. The Zoning Administrator shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein.
b. Minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.
Subd. 5. Conformance. Except as provided herein, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.
Subd. 6. Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the City Council, on its own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and make a determination as to conditions and standards relating to development of the use. The City Council or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
Subd. 7. Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
a. The singular number includes the plural, and the plural the singular;
b. The present tense includes the past and the future tenses, and the future the present;
c. The word
SHALL is mandatory while the word MAY is permissive;
d. The masculine gender includes the feminine and neuter;
e. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof;
f. All measured distances expressed in feet shall be the nearest tenth of a foot.
Subd. 8. Separability. It is declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following:
a. Other parts of this chapter. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the judgment;
b. Application to other party. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
Subd. 9. Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 to 462.363.
Subd. 10. Comprehensive revision. The Council intends this chapter to be a comprehensive revision to the Shorewood Zoning Ordinance, as amended. Except as otherwise provided herein, the provisions of this chapter are not intended to alter, diminish or increase or otherwise modify any rights or liabilities existing on its effective date. Any act done, offense committed or rights accruing or accrued or liability or penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.
Subd. 11. Repeal. Ordinances 8, 15, 22, 31, 43, 50, 61, 69, 77, 94, 99, 104, 106, 107, 108, 110, 111, 116, 122, 126, 134, 137, 138, 141, 142, 144, 145, 148, 149, 150, 151, 152, 153, 159, 160, 168, 171, 174 and 177 are hereby repealed and replaced by this chapter.
(1987 Code, § 1201.01)