1201.02 DEFINITIONS .

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY APARTMENT. A small apartment that meets the standards of § 1201.03, Subd. 22 of this code, and is located within and is subordinate to an owner-occupied, single-family dwelling. An ACCESSORY APARTMENT shall not be considered to be a dwelling unit, even if it allows fully independent living.

   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 main 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 main 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.

   AGRICULTURAL LAND. Continuous acreage of ten acres or more, primarily used for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture or animal or poultry husbandry.

   ANTENNA SUPPORT STRUCTURE. A building, water tower or other structure, except a tower, which can be used for location of telecommunications facilities.

   APARTMENT. A room or suite of rooms, located in a building containing three or more similar units, which is designed for, intended for or occupied as a residence by a single family or an individual and is equipped with cooking and sanitation facilities. (See DWELLING - MULTIPLE-FAMILY.)

   AQUIFER RECHARGE AREAS. All land surface areas which by nature of their surface and/or subsurface characteristics are determined to contribute to the replenishment of subsurface water supplies.

   AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; painting; vehicle steam cleaning.

   AUTOMOBILE REPAIR - MINOR. Minor repairs, upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under AUTOMOBILE REPAIR - MAJOR.

   AUTOMOBILE WRECKING or JUNK YARD. Any place where two or more vehicles not in running condition or not licensed, or parts of vehicles, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise.

   AWNING. A temporary hood or cover which projects from the wall of a building and of a type which can be retracted, folded or collapsed against the face of a supporting building.

   BALCONY. (See DECK)

   BASEMENT. A portion of a building located partially underground, but having less than the one-half its floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

   BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage.

   BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff):

      a.   Part or all of the feature is located in a shoreland area;

      b.   The slope rises at least 25 feet above the ordinary high water level of the waterbody;

      c.   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

      d.   The slope must drain toward the waterbody.

   BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

   BOARDING HOUSE. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family thereon, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.

   BOULEVARD. The portion of a street right-of-way not occupied by pavement.

   BUILDABLE AREA. The portion of a lot, excluding wetlands, remaining after required yards have been provided.

   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

   BUILDING HEIGHT. A distance to be measured from the lowest land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

   BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

   BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.

   BUSINESS. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold or where services are offered for compensation.

   CELLAR. A portion of a building having more than one-half of the floor to ceiling height below the lowest land grade. The lowest land grade shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

   CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.

   CLUB or LODGE. A club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.

   COMMERCIAL RECREATION. A facility having various activities for amusement, recreation or entertainment such as bowling alley, cart track, golf course or driving range, pool hall, dance hall, skating rink, trampoline center, theater, boat rental, amusement rides, campgrounds and similar uses.

   COMMERCIAL TRAILER. A trailer that transports property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer does not negate its designation as commercial.

   COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

   COMMERCIAL VEHICLE. A self-propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its designation as commercial.

   CONDITIONAL USE. A use that, because of special control problems the use presents, requires effectuation of reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan.

   CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

   CONDOMINIUM. A multiple dwelling containing individually-owned dwelling units and jointly- owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.19, as may be amended.

   CONVENIENCE FOOD ESTABLISHMENTS. An establishment which serves food or drink in or on disposable containers in individual servings for consumption on and off the premises or may include a drive-thru service window.

   COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of M.S. §§ 290.09 to 290.13, as may be amended. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

   DAY CARE FACILITY. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the recipient's own home. DAY CARE FACILITIES include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs and day services.

   DECK. A flat-floored roofless platform adjoining a dwelling, used primarily for recreation.

   DEPARTMENT STORE. A business that is conducted wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

   DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.

   DIVISION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.

   DOCK. Any wharf, pier or other structure or combination of wharves, piers, or other structures constructed or maintained in or over a waterbody, whether permanent or temporary, including all "Ls", "Ts" or posts which may be a part thereof.

   DOG KENNEL. Any place where three dogs or more, over six months of age, are boarded, bred or offered for sale but not including veterinary clinic.

   DRAINING. The removal of surface water or ground water from land.

   DREDGING. To enlarge or clean out a water body, watercourse or wetland.

   DRIVE-IN FACILITY. A facility that accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

   DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.

   DWELLING - MULTIPLE-FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. (See APARTMENT)

   DWELLING - SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family.

      a.   ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.

      b.   DETACHED. A dwelling unit not attached to another dwelling or structure.

   DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.

      a.   DOUBLE BUNGALOW. A two-family dwelling with two units side by side.

      b.   DUPLEX. A two-family dwelling with one unit above the other.

   DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses or recreational vehicles.

   EARTH SHELTERED DWELLING UNIT. A structure which complies with applicable building standards and which is constructed so that:

      a.   Eighty percent (80%) or more of the roof area is covered with a minimum depth of 12 inches of earth; and

      b.   Fifty percent (50%) or more of the wall area is covered with a minimum depth of 12 inches of earth.

   EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets or dining alcove.

   ELDERLY HOUSING. A dwelling or group of dwellings where the occupancy is restricted to persons 62 years of age or older, or which qualifies as housing for older persons under the Federal Fair Housing Act.

   ENGINEER. A registered professional engineer licensed by the State of Minnesota.

   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings.

   FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children, together with not more than one person not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of three or fewer persons living in the housekeeping unit shall be considered a separate family for the purpose of this code.

   FARM. (See AGRICULTURAL LAND)

   FENCE. A partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.

   FENCE - BOUNDARY LINE. All fences located within eight feet of a property line.

   FENCE - INTERIOR YARD. All fences located eight feet beyond a property line.

   FILLING. The act of artificially depositing any rock, soil, gravel, sand or other material.

   FIRE LANE. A portion of a platted or dedicated public right-of-way extending to Lake Minnetonka or Lake William and as is designated and numbered on the Official Zoning Map.

   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      a.   The overflow of inland waters; or

      b.   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD PLAIN. Any land susceptible to being inundated by water from any source. (See definition of FLOOD)

   FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use as measured from the inside of the building. For non-residential buildings, floor area shall include accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, the floor area for non-residential buildings shall not include: basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices.

   FLUSH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than ten inches above the roof.

   GARAGE - PRIVATE. An accessory building or accessory portion of the principal building which is intended primarily for and used to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on.

   GARAGE - PUBLIC. Any garage other than a private garage.

   GRADING. Changing the natural or existing topography of land.

   GREENHOUSE. An enclosed building, constructed at least 75% of glass or similar other transparent or translucent, rigid material, which is used to maintain suitable conditions under which plants may be grown.

   GUEST ROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking.

   HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the dwelling unit.

   HOTEL. An establishment, including a motel, resort, boarding house, lodging house, bed and breakfast, furnished apartment house, short-term rental unit not in a residential district, or other building, which is kept, used or advertised as, or held out to the public to be, a place where sleeping and/or housekeeping accommodations are supplied for pay to guests for transient occupancy.

   IMPERVIOUS SURFACE. An artificial or natural surface through which water, air or roots cannot penetrate. The following shall not be considered impervious surfaces:

      a.   Cantilevers no greater than two feet from the side of the structure and at least four feet above the adjacent grade.

      b.   Overhangs no greater than two feet from the side of the structure.

   INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

   INTERIM CONDITIONAL 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 CONDITIONAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in § 1201.04 of this code.

   INTERMITTENT. A stream or portion of a stream that flows only in direct response to precipitation.

   JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.

   LAND RECLAMATION. The process of the reestablishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

   LIGHTING RELATED.

      a.   BACKLIGHT. Light trespassing behind the fixture from the light source toward the ground.

      b.   FOOTCANDLE. The international unit of illumination intensity on a surface.

      c.   FULL CUT-OFF LUMINAIRE. A luminaire with no direct up-light either directly from the light source or any diffusing element or by any indirect reflection or refraction.

      d.   GLARE. Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

      e.   IDEALLY ORIENTED. A luminaire mounted with the backlight portion of the light output oriented perpendicular and toward the property line.

      f.   NOT IDEALLY ORIENTED. A luminaire mounted in any way other than with the backlight portion of the light output oriented perpendicular and towards the property line.

      g.   SHIELDED LUMINAIRE. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the light source or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire is projected away from adjacent properties or public streets.

      h.   UPLIGHT. A light placed or designed to throw light upward.

   LOADING SPACE or BERTH. A space accessible from a street, in a building or on a lot, for the use of vehicles while loading and unloading merchandise, materials or passengers.

   LODGING HOUSE. A building other than a hotel or motel, where for compensation for definite periods lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.

   LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

   LOT. Land occupied or to be occupied by a building and its accessory buildings, together with the open spaces as are required under the provisions of this zoning regulation having not less than the minimum area required by this zoning ordinance for a building site in the district in which the lot is situated and having its principal frontage on a street or a proposed street approved by the Council.

   LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to the date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and the open spaces as required by this chapter and having its principal frontage on a public street or a private street approved by the Council.

   LOT AREA. The area of a horizontal plane within the lot lines.

   LOT AREA PER UNIT. The lot area required by this chapter to be provided for each family in a dwelling.

   LOT, BASE. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two-family or quadraminium subdivision.

   LOT - CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

   LOT DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (or tangentially on a curved street or cul-de-sac) within the lot boundaries.

   LOT - DOUBLE FRONTAGE. An interior lot having frontage on two streets.

   LOT - INTERIOR. A lot other than a corner lot, including through lots.

   LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or water body the lot line shall be deemed to be the street right-of-way or the ordinary high water mark.

   LOT LINE - FRONT. The front of a lot shall be, for purposes of complying with this chapter, that boundary having the least width abutting a public right-of-way or private street.

   LOT LINE - REAR. The rear of a lot shall be, for purposes of complying with this chapter, that boundary opposite the front lot line.

   LOT - THROUGH. A lot fronting on two parallel streets.

   LOT - UNIT. A lot created from the subdivision of a two-family dwelling or quadraminium, having different minimum lot size requirements than the conventional base lots within the zoning district in which it is located.

   LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles to the lot depth measured at the required minimum building setback line.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of Housing and Urban Development and complies with the standards established under M.S. Chapter 327.

   MARINA. An area of concentrated watercraft mooring or docking, where accessory facilities may be provided for some or all of the services as fueling, sewage pumpout, boat launching, boat repair and boat storage; except that marina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development.

   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 his or 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.

   MASSAGE THERAPY. 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 and beautification.

   MEDICAL AND DENTAL CLINIC. A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available.

   MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

   MOTOR FUEL STATION. A place where fuel stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, and including minor accessories and services for motor vehicles, but not including major repairs and rebuilding. Commonly known as GAS STATION.

   NATURAL DRAINAGE SYSTEM. All land surface areas which, by nature of their contour configuration, collect, store and channel surface water runoff.

   NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot.

   NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter.

   NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrian.

   NURSING CARE. Health evaluation and treatment of patients and residents who are not in need of an acute care facility, but who require nursing supervision on an inpatient basis.

   NURSING HOME (REST HOME). A building having accommodations where nursing care is provided for five or more invalids, infirmed, aged, convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums or similar institutions

   OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling or renting merchandise and for the storing of same prior to sale.

   ORDINARY HIGH WATER LEVEL (O.H.W.L.). The boundary of public waters and wetlands which is described as an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel.

   PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below or above grade.

   PARKING SPACE. An area enclosed in a building, in an accessory building or unenclosed sufficient in size to store one automobile, which has adequate access to a public street and permitting satisfactory ingress and egress of an automobile.

   PARKING STALL. (See PARKING SPACE)

   PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

   PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (of any) of the districts.

   PERSON. An individual, firm, partnership, association, corporation or organization of any kind.

   PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.

   PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually attached to a building, and leading to an entrance of the building.

   PRACTICAL DIFFICULTIES. In connection with the request for a variance from compliance with the requirements of this code, where a property owner proposes to use the subject property in a reasonable manner not permitted by the code in which the plight of the property owner giving rise to the variance request is due to circumstances unique to the property not created by the property owner or a previous property owner and the variance, if granted, is in harmony with the general purposes and intent of the Zoning Code, is consistent with the Comprehensive Plan and will not alter the essential character of the locality. PRACTICAL DIFFICULTIES include but are not limited to inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES.

   PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

   PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.

   PUBLIC WATER. A body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of this chapter, any body of water which has the potential to support any type of recreational pursuit or water supply purpose. However, no lake, pond or flowage of less than 25 acres in size and no river or stream having a total drainage area less than two square miles need be regulated for the purposes of this chapter except those areas protected by the Shorewood Wetland Ordinance (Chapter 1102 of this City Code), as may be amended. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Minnesota Commissioner of Natural Resources shall be exempt from the shoreland provisions of this chapter.

      a.   The official determination of the size of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin No. 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowages are not listed therein, the official determination of size and physical limits shall be made by the Minnesota Commissioner of Natural Resources.

      b.   The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Minnesota Commissioner of Natural Resources.

   PUBLIC WATERS - GENERAL DEVELOPMENT. Those waters whose shores are generally characterized by industrial, commercial or high density residential development as determined by the Minnesota Department of Natural Resources Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota (Minn. Rules parts 6120.2500 to 6120.3900).

   PUBLIC WATERS - NATURAL ENVIRONMENT. Those waters whose shores are generally characterized by low density, single-family residential development as determined by Minn. Rules parts 6120.2500 to 6120.3900.

   PUBLIC WATERS - RECREATIONAL DEVELOPMENT. Those waters whose shores are generally characterized by medium density residential development with or without limited service-oriented commercial development as determined by Minn. Rules parts 6120.2500 to 6120.3900.

   QUADRAMINIUM. A single structure which contains four dwelling units, designed for separate ownership, all of which have individual entrances and in which each unit shares common walls with two other units.

   RECREATION AREA OR BUILDING. An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium or gymnasium is a RECREATION AREA OR BUILDING for the purpose of this chapter.

   RECREATIONAL VEHICLE. A self-propelled vehicle or camping or travel trailer which is used primarily for recreational purposes.

   RELIGIOUS INSTITUTION. A building that is principally used as a place where people of faith or religion regularly assemble for worship. The definition includes churches, mosques, temples, synagogues, and the like, but does not include seminaries, camps with live-in quarters, coffee houses open to the public, publishing establishments, ritual abattoir, radio/television transmission facilities, or similar uses.

   RENEWABLE ENERGY SYSTEM. A solar energy system, wind energy system, or ground source heat pump.

   RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day care, food, lodging, training, education, supervision, habitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children.

   RESTAURANT. An establishment which serves food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within the building.

   RIGHT-OF-WAY - PUBLIC. Any property established for the use of the public for street or highway purposes by any federal, state, county or local government, by dedication, gift or statutory user, whether developed or undeveloped, paved or unpaved.

   ROOF LINE. Is defined as the top of the coping or, when the building has a pitched roof, as the intersection of the outside wall with the roof.

   SCREENING. The presence of an artificial barrier, vegetation or topography which makes any structure on any property visually inconspicuous.

   SELF-STORAGE FACILITY. Any facility that is designed and used for the purpose of renting or leasing an individual storage space within the facility for the purpose of storage only. The facilities are different from public warehouses in that the public has access to their storage space owned for the purpose of storing and removing personal property and the owner does not issue a warehouse receipt, bill of lading or other document of title for the personal property stored in the storage space.

   SEMI-PUBLIC. Partially, but not entirely, owned by the public or providing a service available to the public.

   SETBACK. The minimum horizontal distance between a building and street, lot line or normal high water mark. Distances are to be measured from the most outwardly extended portion of the structure at ground level. In the case of a private street or street acquired by statutory user as defined by Minnesota Statutes, the setback shall be measured from a line 15 feet from the edge of the traveled surface.

   SEWER SYSTEM. Pipelines or conduits, pumping stations and force main and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

   SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

   SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

   SHORELAND. Land located within the following distances from public waters: 1,000 feet from the normal high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources.

   SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district.

   SIGN. The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public.

   SIGN - ADDRESS. A sign communicating street address only, whether script or in numerical form. In R Districts an address sign may include the name of the resident.

   SIGN - ADVERTISING. A billboard, poster panel, painted bulletin board or other communication device which is used to advertise products, goods or services which are not exclusively related to the premises on which the sign is located.

   SIGN AREA. The total area of a sign measured at the perimeter of the surface on which the sign is inscribed. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest rectangle that can be made to circumscribe the sign.

   SIGN - AREA IDENTIFICATION. A freestanding sign which identifies the name of a residential housing development, an office or business structure containing two or more independent concerns; a single business consisting of three or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. The sign is limited only to the identification of an area or complex and does not contain the name of individual owners or tenants nor does it contain advertising.

   SIGN - BENCH. A sign which is affixed to a bench such as at a bus stop.

   SIGN - BUSINESS. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located.

   SIGN - CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.

   SIGN - COMMERCIAL SPEECH. A sign advertising a business, profession, commodity, service, or entertainment.

   SIGN - CONSTRUCTION. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.

   SIGN - DIRECTIONAL. A sign erected on public or private property which bears the address or name or both of a business, institution, religious institution or other use or activity plus directional arrows or information on location.

   SIGN - DIRECTORY. An exterior informational wall sign which identifies the names of businesses served by a common public entrance in a shopping center.

   SIGN - DYNAMIC DISPLAY. A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.

   SIGN - FREESTANDING. Any stationary or portable, self-supported sign not affixed to any other structure.

   SIGN - HOLIDAY. Decorations or messages which recognize an official national, state or local holiday.

   SIGN - ILLUMINATED. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source.

   SIGN - INFORMATIONAL. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification.

   SIGN - INSTITUTIONAL. A sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located.

   SIGN - INTEGRAL. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

   SIGN - MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of a sign.

   SIGN - MENU BOARD. Any sign that has a message related to the site's food service and the copy is manually or electronically changed and the lettering of which is two inches or less in height so as to not be readable from the adjoining street right-of-way or adjoining property.

   SIGN - MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign.

   SIGN - MONUMENT. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure.

   SIGN - NONCONFORMING.

      a.   LEGAL. A sign which lawfully existed at the time of the passage of this chapter or amendments thereto, but which does not conform with the regulations of this chapter.

      b.   ILLEGAL. A sign which was constructed after the passage of this chapter or amendments thereto and does not conform with the regulations of this chapter.

   SIGN - NONCOMMERCIAL SPEECH. A sign that includes message that does not promote commercial products or services.

   SIGN - PORTABLE. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure.

   SIGN - PROJECTING. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.

   SIGN - PUBLIC. Any sign erected by municipal, county, state or other governmental agencies, including, but not limited to street signs, traffic-control signs and parking-control signs.

   SIGN - REAL ESTATE. A business sign placed upon a property advertising that particular property for sale, for rent or for lease.

   SIGN - ROOF. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building.

   SIGN - ROTATING. A sign which revolves or rotates on its axis.

   SIGN - STRUCTURE. The supports, uprights, bracing and framework for a sign, including the sign area.

   SIGN - TEMPORARY. Any sign which is erected or displayed for a specific period of time.

   SIGN - WALL. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.

   SIGN - WALL GRAPHIC. A sign which is painted directly on an exterior wall surface.

   SIGN - WINDOW. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.

   SLIP. A water dockage area accommodating one boat.

   SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent, degree or ratio.

   SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

   STEALTH FACILITY. Any telecommunications facility that is designed to blend into the surrounding environment; examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements and telecommunications towers designed to appear other than as a tower such as light poles, power poles and trees.

   STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

   STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused underfloor space shall be considered as a story.

   STORY - HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two opposite exterior walls, are not more than two feet above the floor of the story, and basements where less than one-half of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building.

   STREET. A public right-of-way or private way serving three or more properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated, which is used or can be used for travel.

   STREET FRONTAGE. A lot line abutting a street.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

   STRUCTURE. Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character.

   SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.

   SURFACE WATERS - GENERAL DEVELOPMENT (GD). (See PUBLIC WATERS - GENERAL DEVELOPMENT)

   SURFACE WATERS - NATURAL ENVIRONMENT (NE). (See PUBLIC WATERS - NATURAL ENVIRONMENT)

   SURFACE WATERS - RECREATIONAL DEVELOPMENT (RD). (See PUBLIC WATERS - RECREATIONAL DEVELOPMENT)

   TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas and any other facilities or equipment associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. This term does not include:

      a.   A satellite earth station antenna two meters in diameter or less, located in a C-1 or C-2 zoning district;

      b.   A satellite earth station antenna one meter in diameter or less, wherever located.

   TELECOMMUNICATIONS TOWER (or TOWER). A self-supporting lattice, guyed or monopole structure constructed from grade and built for the purpose of supporting telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission.

   TOWER HEIGHT. The vertical distance from the grade adjacent to the base pad of the tower to the highest point of the tower or any component of the telecommunication facilities.

   TOWNHOUSES. Structures housing three to eight contiguous dwelling units, each having separate and individual front and rear entrances, the structures to be of row house type as contrasted to multiple-dwelling apartment structures.

   TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days.

   UPLAND. All lands at an elevation above the normal high water mark.

   USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. The areas shall be grassed and landscaped or surfaced only for a recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space.

   USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of the activity as defined by the performance standards of this chapter.

   VARIANCE. A relaxation of the requirements of this code where a property owner proposes to use the subject property in a reasonable manner not permitted by the code, such deviation will be in harmony with the general purposes and intent of the code, consistent with the Comprehensive Plan, and will not alter the essential character of the locality and where, owing to physical conditions unique to the individual property under consideration and not the result of the actions of the property owner or previous property owner, compliance with the code would result in practical difficulties as defined herein.

   VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.

   VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable.

   WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land.

   WATERCOURSE. A channel or depression through which water flows, such as rivers, streams or creeks, and may flow year-round or intermittently.

   WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

   WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 Edition) or as identified on the Shorewood Wetlands Map (see Chapter 1102 of this code).

   YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to the lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.

   YARD DEPTH - REAR. The mean horizontal distance between the rear line of the building and the rear lot line.

   YARD - FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building. (See LOT LINE - FRONT)

   YARD - REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (See LOT LINE - REAR)

   YARD - SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the required front yard to the required rear yard.

   ZERO LOT LINE. A development technique in which setback requirements for one or more sides of a lot are eliminated so that buildings are allowed to abut property lines.

(1987 Code, § 1201.02) (Ord. 180, passed 5-19-1986; Am. Ord. 242, passed 8-26-1991; Am. Ord. 243, passed 9-9-1991; Am. Ord. 261, passed 11-30-1992; Am. Ord. 321, passed 5-12-1997; Am. Ord. 345, passed 10-26-1998; Am. Ord. 373-a, passed 7-23-2001; Am. Ord. 389, passed 8-12-2002; Am. Ord. 419, passed 1-23-2006; Am. Ord. 431, passed 11-27-2006; Am. Ord. 459, passed 6-22-2009; Am. Ord. 485, passed 11-14-2011; Am. Ord. 487, passed 11-28-2011; Am. Ord. 492, passed 3-12-2012; Am. Ord. 499, passed 9-10-2012; Am. Ord. 531, passed 7-11-2016; Am. Ord. 535, passed 11-28-2016; Am. Ord. 542, passed 7-24-2017; Am. Ord. 544, passed - -2017; Am. Ord. 575, passed 12-14-2020; Am. Ord. 588, passed 5-9-2022)

1201.03 GENERAL PROVISIONS .

Subd. 1.   Nonconforming buildings, structures and uses.

      a.   Purpose. It is the purpose of this section to regulate nonconforming structures and uses and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The zoning ordinance establishes separate uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.

      b.   Any structure or use lawfully existing upon the effective date of this chapter shall not be expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended.

      c.   Nothing in this chapter shall prevent the placing of a nonconforming structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. The market value shall be determined by the City Assessor.

      d.   In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt, when it can be demonstrated that the structure has less impact on adjacent properties, and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage, and shall be subject to review and recommendation by the Planning Commission and approval by the City Council.

      e.   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

      f.   A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

      g.   Any structure or use lawfully existing upon the effective date of this chapter may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located.

      h.   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or the nonconformity.

      i.   Lawful nonconforming, single-family residential units may be expanded, provided:

         (1)   That the expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located;

         (2)   That if the nonconformity exists because the lot area does not meet the minimum requirement for the district in which it is located, the expansion shall not increase the floor area of all structures to lot area ratio to greater than 30%.

         (3)   That the granting of the expansion shall not adversely affect the aesthetics or character of the adjacent property.

         (4)   That any expansion shall take into consideration the protection of light and air to the adjacent property.

         (5)   That in cases where a structure is too close to a lot line, the city may require that the discrepancy be made up by enlarging the opposite required yard space. (Example: where a building is eight feet from a side lot line in a district in which a ten foot setback is required, the city may require a 12 foot setback on the other side.)

Subd. 2.   General building and performance requirements.

      a.   Purpose. The purpose of this section of the zoning ordinance is to establish general development performance standards. These standards are intended and designated to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.

      b.   Dwelling unit restriction.

         (1)   No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. In residential districts recreational vehicles or equipment may be used as temporary living quarters, on property where an occupied residence exists, for no more than 14 days in any calendar year. There shall be no open discharge of sanitary waste from the vehicle or equipment.

         (2)   Basements may be used as living quarters or rooms as a portion of residential dwellings.

         (3)   Earth-sheltered housing shall not be considered as a basement or cellar.

         (4)   Tents, playhouses or similar structures may be used for play or recreational purposes.

         (5)   All dwelling units shall be serviced with sanitary sewer, water supply and energy supply systems.

         (6)   Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

      c.   Property development.

         (1)   Any person desiring to improve property for which a building permit is required shall submit to the Building Official a survey prepared by a registered surveyor of the property showing the location and dimensions of existing and proposed structures, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city ordinances. The Building Official may waive the requirement of a survey in cases where it is deemed unnecessary or where the location of property boundaries can be verified.

         (2)   All structures shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

         (3)   A lot of record existing upon the effective date of this chapter in a residential district which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that:

            (a)   The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership;

            (b)   The measurement of the area and width are within 70% of the requirements of this chapter;

            (c)   Setbacks and yard requirements shall be in conformance with this chapter;

            (d)   The ratio of the floor area of all structures to lot area shall not exceed 30%.

         (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 conditional 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.

         (5)   On a through lot both street lines shall be front lot lines for the application of the yard and parking regulations of this chapter.

         (6)   The improvements shall be in compliance with the standards established by the Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA’s Small Municipal Separate Storm Sewer Systems General permit MNR040000 (MS4 Permit), either Minnehaha Creek Watershed District rules or Riley Purgatory Bluff Creek Watershed District rules as may apply, and the City of Shorewood’s Surface Water Management Plan as now constituted and from time to time amended.

      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 1A, R 1B, R 1C, R 2A, R 2B and R 3A Districts, nor 1,000 square feet in area in the R 1D, R 2C, R 3B 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.

      e.   Drainage plans.

         (1)   In the case of all multiple-family and nonresidential developments, detailed grading and drainage plans shall be submitted to the City Engineer for his or her review and the final drainage plan shall be subject to his or her written approval.

         (2)   In the case of single-family lots where no drainage plan has been approved by the city, the Building Official shall determine the need for a drainage plan. In any case where the first floor of the structure is lower than the elevation of the street or where the lowest level of the structure is below the elevation of the sanitary sewer, detailed grading and drainage plans shall be submitted to the City Engineer for his or her review and approval.

      f.   Fences - general requirements.

         (1)   Permit required. No person, firm or corporation shall construct or erect any fence without first securing a zoning permit.

         (2)   Locations. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that the fence may be erected on the property line of the respective properties. No boundary line fence shall be erected closer than three feet to an existing parallel boundary line fence.

         (3)   Surveys. The Building Official may require an applicant for a zoning permit to establish his or her true boundary line by a survey thereof to be made by a registered land surveyor.

         (4)   Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in the condition as to not become a hazard, eyesore or public or private nuisance. All fences shall be so constructed that the finished side faces away from the fence owner’s lot. Any fence which endangers the public safety, health or welfare shall be considered a public nuisance and abatement proceedings may be instituted by the proper city official if within 15 days after notification the owner of the fence has not undertaken the necessary repairs himself or herself to abate the nuisance. Link fences, where permitted, shall be constructed in a manner that no barbed ends shall be at the top.

         (5)   Nonconforming fences. All fences existing on the date of the adoption of this chapter, but not conforming herewith, except as to height restrictions, shall conform and be subject to the terms of this chapter. If at any time a nonconforming fence shall be damaged to the extent of more than 25% in any plane, then without further action by the Council, the fence shall, from and after the date of the damage, be subject to all the regulations specified by these zoning regulations. Any fence which is damaged to an extent of less than 25% may be restored to its former extent. It is the intent of this section that all nonconforming fences shall be eventually brought into conformity.

         (6)   Prohibited fences. Electric fences shall not be permitted except in conjunction with the issuance of a horse permit pursuant to Chapter 702 of this code and shall be removed upon expiration or revocation of a horse permit. Barbed wire fences shall not be permitted except as hereinafter provided. Fences of the picket, rail or slat types shall be so constructed that the spaces between the pickets, rails or slats shall be greater than 12 inches or less than six inches. Wire fences which are not readily visible shall be prohibited except where attached to a wooden or other fence of opaque material which is itself plainly visible.

         (7)   Required fences, swimming pools. Outdoor swimming pools with a capacity of 1,500 gallons or with a depth of three feet or more of water shall be adequately fenced to prevent uncontrolled access from the street or adjoining property. The pools shall be completely enclosed by a nonclimbable fence at least four feet in height.

         (8)   Shoreline fences. No fence shall be allowed within the shoreline setback area as specified in § 1201.26 Subd. 5a(3) of this chapter. In addition, fences on or adjacent to the shoreline of any navigable lake, channel or stream or on or along that portion of a lot line extending from a navigable lake, channel or stream to the near side of the average building construction line, shall not exceed four feet in height.

         (9)   Residential District fences.

            (a)   Boundary line fences. In all parts of Shorewood which are zoned residential, no boundary line fences shall exceed four feet in height, except that:

               (i)   Fences on all corner lots erected within 30 feet of the intersecting property line shall be subject to subdivision 2h of this section;

               (ii)   Fences along any rear property line which is also the rear property line of an abutting lot shall not exceed six feet in height;

               (iii)   Fences along a rear property line, which line constitutes the side lot line of an abutting lot shall not exceed six feet in height for a distance as calculated in (iv) below and shall not exceed four feet in height when abutting a front yard line;

               (iv)   Subject to other restrictions within this section, fences may be constructed to a height of six feet on or along the side yard property line from the rear lot line to the required front yard setback line;

               (v)   In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section or other means of recognizable ingress shall be provided for emergency vehicles. The ingress shall be unobstructed and a minimum of ten feet in width. The location of the ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure;

               (vi)   All boundary line fences in residential districts shall be constructed in a manner that at least 25% of the plane between the ground and the top of the fence constructed is open;

               (vii)      Fences in yards abutting an intermediate arterial or minor arterial street, as designated in the Shorewood Comprehensive Plan, may be constructed to a height of six feet in a front or side yard abutting the arterial street, by conditional use permit as provided for in § 1201.04. In addition the following conditions shall apply:

                  A.   The fence shall be located no closer than eight feet to the property line;

                  B.   A landscape plan for the above-referenced eight foot setback area must be submitted in compliance with § 1201.03 subd. 2.g. of this chapter;

                  C.   The fence shall not obstruct traffic visibility.

            (b)   Interior yard fences.

               (i)   Any fence erected within any portion of the required front yard or the required side yard abutting a public street shall not exceed four feet in height and shall be at least 25% open.

               (ii)   Within a rear yard, at a point eight feet beyond any property line, a solid fence up to six feet in height may be erected as a total enclosure. The enclosure shall not exceed 25% of the required rear yard area and shall have adequate means of emergency access.

               (iii)   Chain link or woven wire fences (without slat screens, canvas or other screening material opaque in nature) used for the enclosure of tennis courts or other recreational purposes shall not exceed ten feet in height.

         (10)   Commercial District fences. Fences in all Commercial Districts shall not exceed eight feet in height, except that:

            (a)   Boundary line fences abutting R Districts shall conform to those regulations applicable to the R District;

            (b)   Security fences:

               (i)   Fences which are erected primarily to secure a particular area may have “arms” not to exceed 36 inches in length, located a minimum of six feet and a maximum of eight feet above ground level, on which arms barbed wire may be strung;

               (ii)   A survey establishing the true boundary line must be made by a registered land surveyor and submitted to the city;

               (iii)   Fence arm extensions may not extend across an abutting property line or over any public right-of-way;

            (c)   Fences erected within the required front yard area shall not exceed six feet in height and shall be of a chain link or woven wire construction which affords maximum visibility.

         (11)   Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit.

         (12)   Fence height. The height of fences prescribed herein shall be considered to be the maximum height allowed. Fence posts may extend above the specified height by no more than eight inches.

      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 cannot 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 (for example, structure, loading area, parking or storage) abuts property zoned for residential use, the nonresidential use shall provide screening along the boundary of the residential property. The 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 § 1201.03, Subd. 17 of this code. The screening required herein may consist of a solid fence or wall constructed from masonry, brick, wood and/or steel. The fence or wall shall be of a height determined necessary by the City Council. Screening shall not extend within 15 feet of any street and shall be placed along the property line, or in the case of screening along a street, 15 feet 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 5% of the total parking area, including aisles and access drives;

            (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 variance.

            (b)   The financial security shall be in an amount to be determined by the Zoning Administrator, but no less than one and one-half 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 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:

 

Tree Type	Potted/Bare Root*	Balled and Burlaped
Shade trees	2 ½ in. caliper	2 ½ in. caliper
Ornamental trees (Flowering Crab, Russian Olive, Hawthorn and the like)	6 - 7 ft.	2 in. caliper
Evergreen trees		6ft.
Tall shrubs and hedge material (evergreen or deciduous)	3 - 4 ft.
Low shrubs	18 - 24 in.
* Mode is dependent upon time of planting season, availability and site conditions (includes both natural (soils, climate, ground water and the like) and manmade (irrigation, grading and the like) influences).

 

            (b)   Spacing.

               (i)   Plant material centers shall not be located closer than three feet from the property line and shall not be planted in the right-of-way or within 15 feet of the edge of a public street, or in a manner that conflicts with public plantings, sidewalks, trails, fences, utility mains, parking areas and driveways as determined by the Zoning Administrator.

               (ii)   Where plant materials are planted in two 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 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.

               (iv)   Where massing of plants or screening is intended, large deciduous shrubs shall be planted four feet on center or closer and/or evergreen shrubs shall be planted three feet on center or closer.

               (v)   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.

            (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 (including, composition of plant materials and/or creative grading, decorative lighting, exterior sculpture and the like) 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 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;

               (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;

               (viii)   Earth mounds, compact evergreen or dense deciduous hedge five feet to six feet 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:

            (a)   General:

               (i)   Name and address of developer/owner;

               (ii)   Name and address of landscape architect/designer;

               (iii)   Date of plan preparation;

               (iv)   Date and description of all revisions;

               (v)   Name of project or development;

            (b)   Site information:

               (i)   North arrow and graphic scale;

               (ii)   Property boundaries;

               (iii)   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;

            (c)   Tree inventory consistent with the Shorewood Tree Preservation and Reforestation Policy, as may be amended;

            (d)   Landscape proposal:

               (i)   Proposed site grading;

               (ii)   Details of proposed planting beds and foundation plantings;

               (iii)   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;

            (f)   The planting schedule is a table containing:

               (i)   Common and botanical names of all plant materials;

               (ii)   Quantities;

               (iii)   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 the exotic plants.

         (6)   Screening of mechanical equipment. All rooftop and ground mounted mechanical equipment of residential buildings having five units or more and of nonresidential 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 feet in height may be exempt from screening requirements as determined by the Zoning Administrator.

      h.   Traffic visibility. On corner lots in all districts, no structure or planting in excess of 30 inches above the street center line grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected property lines of two intersecting streets, thence 30 feet along one property line, thence diagonally to a point 30 feet from the point of beginning.

      i.   Glare. Any lighting used to illuminate properties shall be subject to the following limitations for glare.

         (1)   Direct lighting of adjacent properties. Luminaires shall be full cut-off and shielded to deflect light away from any adjoining properties or public rights-of-way so as not to directly light adjacent property or public rights-of-way.

         (2)   Indirect lighting may not cast light on:

            (a)   A public street in excess of one foot-candle (meter reading) as measured from the curb line or edge of the paved street.

            (b)   On adjacent residential property in excess of four-tenths (.4) foot-candles (meter reading) as measured from the adjoining residential property line.

            (c)   Façade or landscape uplighting shall not exceed a total of 2,000 initial light output lumens per façade. Flag floodlighting shall not exceed a total of 2,000 initial light output lumens per flag. Lighting in excess of this amount is regulated in § 1201.03 Subd. 2.v.(5).

      j.   Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended.

      k.   Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended.

      l.   Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chs. 7009, 7011, 7017 and 7019, as amended.

      m.   Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as amended.

      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 § 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 July 1, 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.

      o.   Exterior storage. All materials and equipment except as provided for in §§ 1201.09 through 1201.26 of this chapter shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

         (1)   Clothes line poles and wires;

         (2)   Recreational equipment and vehicles;

         (3)   Construction and landscaping materials currently being used on the premises;

         (4)   Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of 12,000 pounds in residential areas.

      p.   Waste material. Waste material resulting from or used in commercial servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the Minnesota State Fire Marshall and the Pollution Control Agency.

      q.   Bulk storage (liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with the requirements of the Minnesota State Fire Marshal’s and Minnesota Department of Agriculture Offices and have documents from those offices stating the use is in compliance.

      r.   Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

      s.   Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

      t.   Business hours. Any commercial use that is regularly open for business or involves other significant, outdoor activity during any hour between 10:00 p.m. and 7:00 a.m. must obtain a conditional use permit, as regulated by § 1201.04 of this code, subject to the following conditions:

         (1)   No off-street loading shall occur within 200 feet of a residential district boundary during the hours between 10:00 p.m. and 7:00 a.m. Trucks parked, with motors shut off, before 10:00 p.m. may be offloaded between the hours of 10:00 p.m. and 7:00 a.m., provided that any noise associated with the 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 200 feet of a residential district boundary between the hours of 10:00 p.m and 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 of 10:00 p.m. and 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 of 10:00 p.m. and sunrise.

      u.   Impervious surface. Except as provided in (4) below, the maximum ratio of impervious surface to lot area for all lots in the "S", Shoreland zoning district shall be 25%. The maximum ratio of impervious surface to lot area for all lots that are not subject to "S" district requirements shall be as follows:

         (1)   Residential uses in the R-1A through R-3B zoning districts: 33%;

         (2)   Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the community; public or semi-public recreational buildings, neighborhood or community centers; public and private educational institutions; and religious institutions in the R-1A through R-3B zoning districts: 66%, provided that:

            (a)   Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended;

            (b)   Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like;

         (3)   Commercial districts (R-C, C-1, C-2, L-R), not located in the "S", Shoreland District: 66%, provided that:

            (a)   The proposed development of the site complies with all setback requirements for the district in which it is proposed;

            (b)   Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in place for the collection and treatment of storm water runoff in compliance with the Shorewood Comprehensive Water Resources Management Plan, as may be amended;

            (c)   Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm water inlets, oil skimming devices, and the like;

            (d)   The maximum ratio of impervious surface to lot area ratio shall not exceed 75%.

         (4)   Commercial districts (R-C, C-1, C-2, L-R) : located in the "S", Shoreland District: 25%. A conditional use permit may be granted to exceed 25%, provided that:

            (a)   The proposed development complies with the requirements set forth in (3)(a-d) above;

            (b)   The treatment measures referenced in (3)(c) above, shall be consistent with the National Urban Runoff Program (NURP) guidelines, including, but not limited to, the removal of 90% of total suspended solids and the removal of 60% total phosphorous.

         (5)   Planned Unit Development (P.U.D.) districts shall be regulated based upon the various uses within the P.U.D. Residential portions of the P.U.D. shall be subject to the provisions of (1) above, unless otherwise specified by the P.U.D. Commercial portions of the P.U.D. shall be subject to the provisions of (3) or (4) above, unless otherwise specified by the P.U.D.

      v.   Lighting.

         (1)   The purpose of this section is to establish lighting requirements that will: 1) permit reasonable use of lighting for night-time safety, utility, security, productivity, enjoyment and commerce; 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary; 3) conserve energy and resources to the greatest extent possible; and 4) help protect the natural environment from the damaging effects of night lighting from man-made sources.

         (2)   Applicability. All new outdoor lighting fixtures (luminaires) shall be installed in conformance with this section, the provisions of § 1201.03 Subd. 11. (Signs), § 1201.03 Subd. 2.i. (Glare), as well as the latest rules, codes and regulations, including but not limited to OSHA, National Fire Codes of the Fire Protection Association, Minnesota State Building Code and National Electrical Code. The following is exempted from the regulations of this section:

            (a)   Lighting on single- and two-family homes, townhouses, and multiple- family dwellings with six or fewer units. Lighting for these uses is subject to the regulations in § 1201.03 Subd. 2.i. (Glare).

            (b)   Lighting in the public right-of-way installed by a government agency or utility company.

         (3)   Submittal requirements. Any proposal for new lighting or a modification of lighting shall be reviewed as a modification of a site plan. The applicant shall submit a lighting plan and fixture specification sheets showing compliance with all regulations in this section and § 1201.03 Subd. 2.i. (Glare). Lighting plans shall be signed by a registered electrical engineer or lighting certified professional by the National Council on Qualifications for the Lighting Professions. At a minimum, the plans shall include the following:

            (a)   Name and location of the project;

            (b)   Name, mailing address, electronic address and phone number of the professional preparing the plan and the developer or property owner;

            (c)   Scale of the plan (engineer scale only, no greater than one inch equals 60 feet);

            (d)   An accurate site plan based on a survey, which includes all existing and proposed land improvements, including but not limited to buildings, parking lots, drive aisles and driveways, streets, proposed and existing landscaping, walkways and accessory buildings and structures, and identifies the area of all existing and proposed impervious surfaces on the property;

            (e)   A photometric plan superimposed on the site plan with photometric points no farther than ten feet apart across the entire site and a minimum of ten feet or more (as may be appropriate) beyond the property lines. Each point must be to the nearest one-tenth (0.1) foot-candle;

            (f)   A luminaire schedule table indicating each fixture with the initial light output lumens, color rendering index, color temperature, backlight, uplight, glare and mounting height (including base).

         (4)   General performance standards. In addition to the standards in § 1201.03 Subd. 2.i. (Glare), the following shall apply:

            (a)   Luminaire shielding and installation requirements. Luminaires within 300 feet of a residential property line shall be equipped with side shielding (house side shielding), except for the following: (1) full-cut off luminaires mounted at a height of ten feet or lower; (2) lighting fixtures that are blocked from residential view by an intervening building; and 3) lighting fixtures where the grade of the lowest floor of the adjacent residential properties is above the mounting height of the luminaire.

            (b)   Height limits.

               (i)   Pole-mounted lighting. Lighting mounted on poles or other non-building structures shall not exceed a height of 25 feet for parcels under two acres and 35 feet for parcels over two acres. The height includes the base and the pole height.

               (ii)   Building-mounted lighting. Lighting mounted on buildings may not exceed the tallest part of the building where the lighting is installed. The top exterior deck of parking garages shall be treated as pole-mounted lighting rather than as lights mounted to buildings.

            (c)   Lighting quality. All permanently installed lighting shall have a maximum correlated color temperature of 4,100K.

            (d)   Lighting quantity and luminaire distribution. The based allowance for lighting is three lumens per square foot of impervious surface coverage. The base allowance may be increased for the following uses:

               (i)   Motor fuel sales: 4,000 lumens per pump island, as long as the additional lumens are provided by luminaires that are fully recessed into a canopy.

               (ii)   Drive-up service windows: 2,000 lumens per service window.

            (e)   Limits to off-site impacts.

               (i)   Pole-mounted luminaires. All luminaires shall be rated and installed according to the following table. A luminaire may be used if it is rated equal or lower in number than the ratings provided below.

 

Mounting condition	Backlight rating	Glare rating
Greater than two mounting heights from property line*	B4	G2
Less than two mounting heights to one mounting height from the property and ideally oriented	B3	G1
Less than one mounting height from the property line and ideally oriented	B1	G0
*Lighting that is not ideally oriented must be located a minimum of two mounting heights from the property line.

 

               (ii)   Ornamental building-mounted lighting. Ornamental lighting is regulated in § 1201.03 Subd. 2.i. (Glare).

            (f)   Prohibited lighting. Prohibited lighting includes mercury vapor lamps, aerial lasers, luminaires mounted to aim light only toward a property line or public right-of-way or other lighting in violation of § 1201.03 Subd. 2.i. (Glare). Also prohibited are skytrackers or searchlights unless approved by the City Council.

            (g)   Exempt lighting. The following luminaires and lighting systems are exempt from the provisions of this section: lighting required and regulated by the Federal Aviation Administration or other federal or state agency; temporary emergencies or road repair work for projects by fire, police, rescue or repair personnel; pool and water feature lighting; code required exit signs; code required lighting for stairs and ramps; and interior lighting, unless the interior lights spill out onto the property.

         (5)   Special purpose lighting.

            (a)   Lighting systems not complying with the technical requirements of this section but consistent with its intent may be installed for the following applications upon issuance of a conditional use permit. Each request for a conditional use permit shall be evaluated based upon the standards and criteria of § 1201.04.

               (i)   Outdoor athletic fields and recreation areas.

               (ii)   Construction lighting.

               (iii)   National and state flag lighting with spotlights greater than 2,000 lumens.

               (iv)   Uplights for buildings beyond that allowed by § 1201.03 Subd. 2.i. (Glare).

               (v)   Public monuments and buildings.

            (b)   General performance standards for special purpose lighting.

               (i)   The applicant shall demonstrate that every reasonable effort to mitigate light trespass and light pollution, supported by a signed statement from a registered engineer or by a certified lighting professional describing the mitigation measures.

               (ii)   Complies with all the technical requirements of this section after 10:30 p.m.

         (6)   Following installation of any lighting on a site, the engineer or lighting professional who prepared the lighting plan shall certify in writing that the location, type, mounting height, initial luminaire lumens, luminaire ratings and photometric data all comply with the approved lighting plan.

         (7)   Any new lighting installed after the effective date of this section shall be in compliance with the requirements of this section. Any lighting in existence before the effective date of this section that does not comply with requirements shall be considered legally nonconforming. However, if a property owner proposes to replace 50% or more of the existing exterior luminaires or standards in any two-year period, the luminaires or standards must be replaced in conformance with this chapter.

Subd. 3.   Yard requirements.

      a.   This section identifies general yard requirements to be provided for in all zoning districts and exceptions thereto.

      b.   No lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.

      c.   The following shall not be considered as encroachments on required yard setbacks for all lots:

         (1)   Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not project more than two feet into a required yard.

         (2)   For a detached, single-family, two-family or townhouse dwelling in any residential zoning district, ramps and other devices for access to buildings and sites by disabled persons, in compliance with the Americans with Disabilities Act, may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20 feet, and side setbacks of not less than five feet shall be maintained.

         (3)   For a detached, single-family, two-family or townhouse dwelling constructed prior to May 19, 1986, a one-story, enclosed entrance may extend into the front yard setback not more than four feet. The entrance shall not exceed six feet in width.

         (4)   For a detached, single-family or two-family dwelling in any residential zoning district, a one-story, open deck or portico may extend into the front yard setback not more than four feet, provided:

            (i)   The length of the portico shall not exceed 50% of the width of the silhouette of the building, excluding eaves, as viewed from the street; and

            (ii)   This area shall not be enclosed nor screened with mesh, glass or other similar material, except for guardrails no higher than 42 inches and at least 60% open.

         (5)   Uncovered terraces, patios steps, stoops, walkways or similar features, but not including porches or balconies in front or rear yards, provided they are not covered by a roof, don't extend above the entrance floor level of the building, or are more than four and one-half feet into the required side or rear yard. This allowance shall not apply to decks or other above grade improvements.

         (6)   Sidewalks and walkways in a front yard provided they are no wider than four feet in width.

         (7)   Laundry drying and recreational equipment, arbors, and trellises in rear yards to a point no closer than five feet from any lot line.

         (8)   One detached accessory building not exceeding eight feet in height, nor 100 square feet in area in the rear yard to a point no closer than five feet from any lot line.

         (9)   The minimum rear yard setback for swimming pools and a three-foot wide pool apron shall be 60% of that which is required for the zoning district in which the pool is located. No part of any pool, including guardrails, shall exceed six feet above grade in height. Decking and patios shall not encroach into the required rear yard setback area. Rear yard setbacks for lakeshore lots shall be as provided in § 1201.26 of this chapter.

         (10)   For residential districts, one recreational vehicle or piece of equipment may be stored in required front yards; provided it is located on an approved driveway, it does not take up required parking space as provided in Subd. 5.h. of this section, it is currently licensed and operable and it is located no closer than 15 feet from the paved surface of the street. This provision shall only apply when there is no practical way to store the vehicle or equipment within the buildable area of the lot.

         (11)   For cemeteries, grave sites may be located within front yards and side yards abutting streets, no closer than 15 feet from the public right-of-way. Monuments for grave sites within front yards or side yards abutting streets shall be limited to headstones flush with the ground.

         (12)   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 hours prior to the designated refuse collection day, and must be removed no later than 12 hours after the designated refuse collection day.

         (13)   Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than ten feet from the side lot line.

         (14)   Egress pits or wells shall not be located within drainage and utility easements. Egress pits or wells extending no wider than four feet may be located within the required front, rear or side-yard abutting a public street setback, provided they project no more than four feet into the required yard setback and the egress pit is no greater than 16 square feet.

      d.   Where adjacent residential structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed that required minimum established within the districts of this chapter.

Subd. 4.   General area and building size regulations.

      a.   Purpose. This section identifies general area and building size requirements and exceptions to general height requirements in each zoning district.

      b.   Useable open space. Each multiple-family dwelling site shall contain at least 500 square feet of useable open space as defined in § 1201.02 of this chapter for each dwelling unit contained thereon.

      c.   Height.

         (1)   The building height limits established herein for districts shall not apply to the following:

            (a)   Belfries;

            (b)   Chimneys or flues;

            (c)   Spires on religious institutions;

            (d)   Cooling towers, mechanical and air conditioning equipment when screened from view;

            (e)   Cupolas and domes which do not contain useable space;

            (f)   Elevator penthouses;

            (g)   Flagpoles;

            (h)   Monuments;

            (i)   Parapet walls extending not more than three feet above the limiting height of the building;

            (j)   Water towers;

            (k)   Poles, towers and other structures for essential services subject to Subd. 10 of this section;

            (l)   Television and radio antennas not exceeding 20 feet above the roof. Exception: ham radio antennas over 20 feet may be allowed by conditional use permit as provided for in § 1201.04 of this chapter, provided that:

               (i)   The ham radio must be licensed by the Federal Communications Commission (FCC);

               (ii)   Construction of the antenna requires a building permit;

               (iii)   The antenna must be located within the buildable area of the lot; and

               (iv)   The antenna must be fenced or so designed as to be difficult to climb.

         (2)   The requirements of Minn. Rules 8800.1200 (Criteria for Determining Air Navigation Obstructions), as may be amended, are hereby adopted by reference.

      d.   Roof equipment. No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of the roof nor shall the equipment exceed ten feet in height unless otherwise noted.

      e.   Efficiency apartments. Except for elderly housing, the number of efficiency apartments in a multiple dwelling shall not exceed 5% of the total number of apartments.

      f.   Minimum floor area - commercial structures. Commercial buildings (principal structure) having less than 1,000 square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in § 1201.04 of this chapter, provided that:

         (1)   The structure is built on a lot with a minimum lot area of no less than 10,000 square feet;

         (2)   Adequate on-site parking is provided;

         (3)   The architectural character of the building is similar in character to buildings in the surrounding area.

Subd. 5.   Off-street parking requirements.

      a.   Purpose. The purpose of the off-street parking regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.

      b.   Application of off-street parking regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.

      c.   Site plan drawing necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this subdivision and subdivision 2d of this section. 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. Every detached single-family dwelling unit erected after the effective date of this chapter shall be so located on the lot so that at least a two car garage, either attached or detached in conformance with this chapter, can be located on the lot.

      d.   General provisions.

         (1)   Floor area. Except as hereinafter may be provided, the term FLOOR AREA, for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the building, structure or use times the number of floors, minus 10%.

         (2)   Reduction of existing off-street parking space or lot area. Off- street parking spaces or area upon the effective date of this chapter shall not be reduced in number or size unless the number or size exceeds the requirements set forth herein for a similar new use.

         (3)   Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained. Where possible, parking and loading shall be brought into conformance with this chapter.

         (4)   Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, or parking spaces, shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls or parking requirements below the minimum prescribed by this chapter.

         (5)   Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings, including additions thereto requiring more parking area, shall not be permitted until there is furnished the additional parking spaces as required by this chapter.

         (6)   Off-street parking facilities incidental to residential use. Off-street parking facilities incidental to residential use shall be utilized solely for the parking of currently licensed and operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments.

         (7)   Calculating space.

            (a)   When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

            (b)   In places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of the seating facilities shall be counted as one seat for the purpose of determining requirements.

            (c)   Except as hereinafter may be provided, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.

         (8)   Stall, aisle and driveway design.

            (a)   Parking space size. Each parking space shall not be less than nine feet wide and 20 feet in length, exclusive of access aisles. Each space shall be adequately served by access aisles.

            (b)   Except in the case of single-family, two-family, townhouse and quadraminium dwellings, parking areas and their aisles shall be developed in compliance with the standards in the Parking Lot Dimensions Table.

PARKING LOT DIMENSIONS TABLE*

 

Angle of Parking	Stall Width	Curb Length Per Car	Stall Depth	Aisle Width	Angle of Parking	Stall Width	Curb Length Per Car	Stall Depth	Aisle Width
0°	9'0" 9'6" 10'0"	23'0" 23'0" 23'0"	9'0" 9'6" 10'0"	12'0" 12'0" 12'0"	50°	9'0" 9'6" 10'0"	11'9" 12'5" 13'2"	20'5" 20'9" 21'0"	12'0" 12'0" 12'0"
20°	9'0" 9'6" 10'0"	26'4" 27'10" 29'3"	15'0" 15'6" 15'11"	11'0" 11'0" 11'0"	60°	9'0" 9'6" 10'0"	10'5" 11'0" 11'6"	21'0" 21'3" 21'6"	18'0" 18'0" 18'0"
30°	9'0" 9'6" 10'0"	18'0" 19'0" 20'0"	17'4" 17'10" 18'3"	11'0" 11'0" 11'0"	70°	9'0" 9'6" 10'0"	9'8" 10'2" 10'8"	21'0" 21'3" 21'3"	19'0" 18'6" 18'0"
40°	9'0" 9'6" 10'0"	14'0" 14'10" 15'8"	19'2" 19'6" 19'11"	12'0" 12'0" 12'0"	80°	9'0" 9'6" 10'0"	9'2" 9'8" 10'3"	20'4" 20'5" 20'6"	24'0" 24'0" 24'0"
45°	9'0" 9'6" 10'0"	14'0" 14'10" 15'8"	19'2" 19'6" 19'11"	12'0" 12'0" 12'0"	90°	9'0" 9'6" 10'0"	9'0" 9'6" 10'0"	20'0" 20'0" 20'0"	22'0" 22'0" 22'0"
* This table pertains to a wall to wall situation. In calculating dimensions, two feet may be subtracted from each stall depth for each overhand and overlap. No subtraction for overlap is allowed for angles greater than 60 degrees.

 

            (c)   Within structures, the off-street parking requirements may be furnished by providing space so designed within the principal building or one accessory structure; however, unless provisions are made, no building permit shall be issued to convert the parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.

            (d)   Except in the case of single-family, two-family, townhouse and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, townhouse and quadraminium dwellings, parking area design which requires backing into the public street is prohibited.

            (e)   No curb cut or driveway access shall be located less than 40 feet from the intersection of two or more street rights-of-way. Minimum distance for commercial uses shall be 60 feet. This distance shall be measured from the intersection of lot lines.

            (f)   No curb cut or driveway access shall exceed 25 feet in width, except on the approval of the City Engineer.

            (g)    Curb cut or driveway openings shall be at minimum five feet, not including curb radius, from side or rear property lines. Any driveway proposed within a drainage and utility easement shall require approval by the City Engineer and shall be a minimum of ten feet from any public utility main.

            (h)   Driveway access or curb openings on a public street except for single, two-family, townhouse and quadraminium dwellings shall not be located less than 40 feet from one another.

            (i)   The grade elevation of any parking area shall not exceed 5%.

            (j)   Each property shall be allowed one curb cut or driveway access for each 120 feet of street frontage. All property shall be entitled to at least one curb cut or driveway. Exception: two-family dwellings may have two driveways.

            (k)   Except in the case of single-family dwellings, all areas intended to be utilized for parking space and driveways shall be paved. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for his or her review and the final drainage plan shall be subject to his or her written approval.

            (l)   Curbing and landscaping:

               (i)   Except for single-family, two-family, townhouse and quadraminium dwellings, all open off-street parking shall have a perimeter curb barrier of continuous poured concrete around the entire parking lot. The barrier shall not be closer than five feet to any lot line. Grass, plantings or surfacing material shall be provided in all areas bordering the parking area;

               (ii)   All commercial parking areas shall be brought into conformance with this provision within three years of the date of enactment of this chapter.

            (m)   Where metal buildings exist on commercial property, a perimeter curb barrier shall be provided around the building no closer than five feet to the building wall.

            (n)   Except for single-family, two-family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white or yellow paint lines not less than four inches wide.

            (o)   Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with subdivision 2i of this section.

            (p)   Surfacing, curbing and striping required by paragraphs (k), (l) and (n) above may be waived or delayed for parking lots in city parks, provided that drainage, traffic, dust control, parking demand, vehicular control and proximity to residential development are taken into consideration and provided that the improvements are incorporated into the city’s Capital Improvements Program and reviewed by the City Council annually.

      e.   Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space and any required curbing, accessways, striping, landscaping and required screening.

      f.   Setback area. Off-street parking areas shall conform with the following setback provisions:

         (1)   In residential districts, required off-street parking shall not be provided in required front yards (or in required side yards abutting a street in the case of a corner lot) nor within five feet of any side or rear lot line;

         (2)   In the case of single-family, two-family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the required front yard, except designated driveways leading directly into a garage or one open, surfaced space located on the side of a driveway, away from the principal use. The extra space shall be surfaced with concrete, bituminous or crushed rock material;

         (3)   There shall be no off-street parking within 15 feet of any street surface;

         (4)   In any of the commercial districts (including the R-C District) no parking space shall be located within 15 feet of any front property line or in any required side or rear yard that abuts any of the classes of residential districts. In no instance shall parking space be located within five feet of a side or rear property line except in the case of joint use parking areas.

      g.   Use of required area. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by subdivision 2n of this section and/or storage of snow.

      h.   Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:

         (1)   Single-family, two-family, townhouse and quadraminium units: two spaces per unit;

         (2)   Boarding house: at least one parking space for each person for whom accommodations are provided for sleeping;

         (3)   Multiple-family dwellings: at least two feet free spaces per unit;

         (4)   Public parks, playgrounds and playfields:

            (a)   Playgrounds - two spaces per acre;

            (b)   Playfield - ten spaces for each acre over one acre;

            (c)   Community parks - five spaces for each acre over one acre;

            (d)   When a public recreation site has more than one use designation, the areas must be divided for determining the required number of parking spaces.

         (5)   Baseball fields: at least one parking space for each eight seats of design capacity;

         (6)   Community Center, physical culture studio, personal fitness establishments, libraries, private clubs, lodges, museums, art galleries: ten parking spaces plus one space for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure.

         (7)   Convalescent home, rest home, nursing home or day nurseries: four spaces plus one for each three beds for which accommodations are offered;

         (8)   Elderly housing: two parking spaces per unit;

         (9)   Office buildings, medical and dental clinics, animal hospitals and professional offices: three spaces plus at least one space for each 200 square feet of floor area;

         (10)   Bowling alleys: at least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure;

         (11)   Retail store, bakery, and service establishment, including but not limited to:

            (a)   Catering establishment;

            (b)   Copy service or print shop;

            (c)   Dry cleaner;

            (d)   Employment agency;

            (e)   Laundromat;

            (f)   Massage therapy;

            (g)   Photography studio;

            (h)   Tanning salon;

            (i)   Veterinary clinic; and

            (j)   Electronic media rental and sales:

               one parking space for each 200 square feet of floor area;

         (12)   Retail sales and service business with 50% or more of gross floor area devoted to storage and/or warehouses: at least eight spaces or one space for each 200 square feet devoted to public sales or service plus one space for each 500 square feet of storage area;

         (13)   Restaurants, cafes and private clubs serving food and/or drinks, bars, taverns, nightclubs: at least one parking space for each 40 square feet of gross floor area of dining and bar area and one space for each 80 square feet of kitchen area. Restaurants, cafes and private clubs not serving drinks: a minimum of five parking spaces, plus one space for each two seats of seating capacity;

         (14)   Undertaking establishments: at least 20 parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off-street for making up a funeral procession;

         (15)   Shopping centers: five parking spaces for each 1,000 square feet of gross leasable floor area, exclusive of restaurants and fitness centers, which must be calculated separately, and exclusive of common areas;

         (16)   Swimming club or public swimming pool: 20 spaces plus one space for each 500 square feet of floor area in the principal structure;

         (17)   Motels, motor hotels, hotels: one space per each rental unit plus one space for each ten units and one space for each employee on any shift;

         (18)    School (public, private, or day) - elementary and middle: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater;

         (19)   School (public, private, or day) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater;

         (20)   Drive-in establishment, convenience food, delicatessen and coffee shop: at least one parking space for each 15 square feet of gross floor area, but not less than 15 spaces;

         (21)   Motor fuel station: at least four off-street parking spaces plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter. Parking for convenience stores with accessory gas pumps shall be based upon the principal use;

         (22)   Auto repair, taxi terminal, boats and marine sales and repair, shop for a trade employing six or less people, garden supply store, building material sales in structure: eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet;

         (23)   Golf driving range, miniature golf, archery range: ten off-street parking spaces, plus one for each tee, hole or lane respectively;

         (24)   Manufacturing, fabricating or processing of a product or material: one space for each 350 square feet of floor area, plus one space for each company-owned truck (if not stored inside principal building);

         (25)   Warehousing, storage or handling of bulk goods: that space which is solely used as office shall comply with the office use requirements and one space per each 1,000 square feet of floor area, plus one space for each employee on maximum shift and one space for each company-owned truck (if not stored inside principal building);

         (26)   Car wash: (In addition to required stacking space)

            (a)   Automatic drive through, serviced: a minimum of ten spaces, or one space for each employee on the maximum shift, whichever is greater;

            (b)   Self-service: one plus one space per stall;

            (c)   Motor fuel station car wash: zero in addition to that required for the station;

         (27)   Commercial racquetball, handball and tennis facilities and clubs: not less than six spaces per each court;

         (28)    Religious institution, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section;

         (29)   Marina: one space per boat slip;

         (30)   Other uses: other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in the determinations shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles;

         (31)   Lake and lakeshore dredging and excavation facilities: one space for each employee on the maximum shift, plus one space for each company-owned vehicle.

         (32)   Barber or beauty shop: two and one-half parking spaces for each chair;

         (33)   Commercial tutoring and learning centers: two parking spaces for each employee on the maximum shift;

         (34)   Day spa: one parking space for each 200 square feet of floor area or two spaces for each employee on the maximum shift, whichever is greater;

         (35)   Day care facility: one parking space for each four persons of licensed capacity;

      i.   Joint facilities. The City Council may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for a permit, the Council shall not approve a permit except when the following conditions are found to exist:

         (1)   Up to 50% of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in paragraph (4) below;

         (2)    Up to 50% of the off-street parking facilities required for any use specified under (4) below as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; religious institutions, bowling alleys, dance halls, theatres, bars or restaurants;

         (3)   Up to 80% of the parking facilities required by this chapter for a religious institution may be supplied by the off-street parking facilities provided by uses specified under (4) below as primarily daytime uses;

         (4)   For the purpose of this section, the following uses are considered as primarily daytime uses: banks, business offices, personal service shops and similar uses;

         (5)   Conditions required for joint use:

            (a)   The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of the parking facilities;

            (b)   The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is provided;

            (c)   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator/Clerk and recorded with the Hennepin County Recorder’s Office.

      j.   Off-site parking.

         (1)   Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by § 1201.04 of this chapter and shall be subject to the conditions listed below.

         (2)   Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.

         (3)   Reasonable public access from off-site parking facilities to the use being served shall be provided.

         (4)   The site used for meeting the off-site parking requirements of this chapter shall be under the same ownership as the principal use being served or under public ownership.

         (5)   Off-site parking for multiple-family dwellings shall not be located more than 100 feet from any normally used entrance of the principal use served.

         (6)   Off-site parking for nonresidential uses shall not be located more than 300 feet from the main entrance of the principal use being served. No more than one main entrance shall be recognized for each principal building.

         (7)   Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off-site location until the time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

         (8)   Off-site parking shall not be located where pedestrians would have to cross a street classified higher than local street.

Subd. 6.   Off-street loading requirements.

      a.   Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.

      b.   Location.

         (1)   All required loading berths shall be off-street and located on the same lot as the building or use to be served.

         (2)   All loading berth curb cuts shall be located a minimum of 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line.

         (3)   Except for loading berths required for multiple-family, no loading berth shall be located closer than 50 feet from a residential district unless within a structure.

         (4)   Loading berths located at the front, or at the side of buildings on a corner lot, shall require a conditional use permit.

            (a)   Loading berths shall not conflict with pedestrian movement.

            (b)   Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

            (c)   Loading berths shall comply with all other requirements of this section.

         (5)   Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

      c.   Surfacing. All loading berths and accessways shall be improved to control the dust and drainage according to a plan submitted to and subject to the approval of the City Engineer.

      d.   Accessory use, parking and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off-street parking area.

      e.   Screening. Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with subdivision 2g of this section.

      f.   Size. Unless otherwise specified in this chapter, the first loading berth shall be not less than 70 feet in length and additional berths required shall be not less than 30 feet in length, and all loading berths shall be not less than 12 feet in width and 14 feet in height, exclusive of aisle and maneuvering space.

      g.   Number of loading berths required. The number of required off-street loading berths shall be as follows:

         (1)   Nonresidential buildings and uses. For each building, one loading berth and one additional berth for each additional 10,000 square feet.

         (2)   Multiple-family dwellings. Where the building has ten or more dwelling units, space shall be provided for unloading so as not to take up required off-street parking.

         (3)   Fractions. When determining the number of off-street loading spaces results in a fraction, each fraction of ½ or more shall constitute another space.

      h.   Off-street loading required. Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space as required for a new structure.

Subd. 7.   Building construction requirements.

      a.   Purpose. The purpose of this section is to insure that buildings in all zoning districts maintain a high standard of architectural and aesthetic compatibility with surrounding properties. To ensure that all new construction will not adversely impact the property values of the abutting properties or adversely impact the community’s public health, safety and general welfare, all buildings must be in compliance with this chapter and the State Building Code.

      b.   Residential districts.

         (1)   All detached accessory buildings in excess of 150 square feet in floor area that are accessory to residential dwelling units shall be constructed with materials and a design compatible with the general character of the principal structure on the lot. No accessory buildings shall be covered in canvas or vinyl fabric. No accessory building in excess of 150 square feet in floor area shall be constructed of sheet or corrugated steel, aluminum, asbestos or fiberglass. Except for approved wood foundations, no accessory building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure.

         (2)   Single-family dwellings shall:

            (a)   Be constructed upon a continuous perimeter foundation that meets the requirements of the State Building Code;

            (b)   Not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls;

            (c)   Have an earth covered, composition, shingled, tiled roof or built-up roof as defined by the State Building Code; and

            (d)   Require a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used.

         (3)    The following shall not be used on exterior walls in residential districts:

            (a)   Smooth face concrete block (except as foundation material); and

            (b)   Canvas or plastic sheeting (except for emergency repairs not to exceed 30 days).

      c.   Commercial districts.

         (1)   All buildings shall be finished on all exterior walls with the following permanent finish materials:

            (a)   Brick;

            (b)   Natural stone;

            (c)   Decorative concrete block (e.g. split face, ribbed, textured);

            (d)   Cast in place concrete or precast concrete panels;

            (e)   Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used, such as cedar, redwood and cypress;

            (f)   Curtain wall panels of steel, fiberglass and aluminum (nonstructural nonload-bearing), provided the panels are factory fabricated and finished with a permanent durable nonfade surface and their fasteners are of a corrosion resistant design and provided further that no more than one-third of the wall surface abutting a public street or adjacent to a residential or public area consists of the panels;

            (g)   Glass curtain wall panels;

            (h)   Stucco and similar products;

            (i)   Other materials as determined by the City Council.

         (2)   No building within a commercial zoning district shall be:

            (a)   Constructed of sheet or corrugated steel, aluminum, asbestos, or fiberglass.

            (b)   Except for wood foundations, no building shall be constructed where wood poles are the primary support for the roof system and form the foundation structure.

Subd. 8.   Land reclamation.

      a.   Land reclamation shall be permitted by conditional use permit in all districts as regulated by § 1201.04 of this chapter. Depositing of 100 cubic yards or more of fill on any lot or parcel shall be considered land reclamation. Land reclamation shall not be interpreted as the depositing of fill from a building excavation on the same property.

      b.   The permit shall include, as a condition thereof, a finished grade plan which has determined that the reclamation will not adversely affect the adjacent land and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress and for control of material disbursed from wind or hauling of material to or from the site.

Subd. 9.   Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and removal thereof from the site shall be defined as mining. In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. The permit shall include, as a condition thereof, a plan for a finished grade and land reclamation which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted and the route of trucks moving to and from the site.

Subd. 10.   Essential services.

      a.   Purpose. The purpose of this subdivision is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in a manner that the health, safety and welfare of the city will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for the services.

      b.   Special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the City Engineer.

      c.   Requirements for special permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public rights-of-way, shall require a special permit issued by the city after approval by the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:

         (1)   Prior to the installation of any of the previous essential services, the owner of the service shall file with the Zoning Administrator all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project;

         (2)   The Zoning Administrator shall transmit the map(s) and accompanying information to the City Engineer for his or her review and approval regarding the project’s relationship to the Comprehensive Plan and/or ordinances and parts thereof;

         (3)   The City Engineer shall report in writing to the Zoning Administrator his or her findings as to the compliance of the proposed project with the Comprehensive Plan and ordinances of the city;

         (4)   In considering applications for the placement of essential services, as regulated in this section, the aforesaid city staff shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated and the effect of the proposed project upon the Comprehensive Plan;

         (5)   Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicant’s essential services. If the Engineer’s report recommends the denial of the permit causing the Zoning Administrator to deny its issuance, the applicant may appeal the decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in § 1201.05 of this chapter.

      d.   Requirements for conditional use. All transmission pipelines (i.e. pipelines not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements:

         (1)   Prior to the installation of any of the previous essential services, the owner of the services shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Council to review the proposed project;

         (2)   The Zoning Administrator shall transmit the map and accompanying information to the City Council for its review regarding the project’s relationship to the Comprehensive Plan and parts thereof. A part of this review shall be a written report from the City Engineer;

         (3)   The City Council shall hold the necessary public hearings as prescribed by this chapter for conditional uses;

         (4)   In considering the applications for the placement of essential services, as regulated by this subdivision, the City Council shall consider the advice and recommendations of the city staff and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated and the effect of the proposed project upon the Comprehensive Plan.

Subd. 11.   Signs.

      a.   Purpose. This subdivision is established to protect and promote health, safety, general welfare and order within the City of Shorewood through the establishment of a comprehensive and impartial set of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights-of-way or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities.

      b.   Permitted and prohibited signs.

         (1)   Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this chapter:

            (a)   Public signs;

            (b)   Address signs;

            (c)   Integral signs;

            (d)   Temporary noncommercial speech signs, subject to the following:

               (i)   Signs may be posted in any number or size during the following times:

                  A.   State general election years: 46 days before a state primary until ten days following the state general election pursuant to M S. § 211B.045.

                  B.   For all other public elections years: 100 days prior to the election until ten days following the election.

               (ii)   During the time outlined in (d)(i), noncommercial speech signs shall not be located in violation of § 1201.03 Subd. 2.h. (Traffic Visibility) of City Code or closer than five feet from the street, as measured from:

                  A.   The curb of a paved roadway.

                  B.   The paved street surface for those streets without curbs or shoulders.

                  C.   The edge of the aggregate surface for gravel streets or those paved streets with improved gravel shoulders.

            (e)   Holiday signs, displayed for a period not to exceed 30 days and no larger than 32 square feet in area;

            (f)   Construction signs. The signs shall be confined to the site of the construction, alteration or repair and shall be removed within two years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the city Building Official or his or her agent. One sign shall be permitted for each major street the project abuts. No sign may exceed 50 square feet;

            (g)   Real estate sale or rental signs. Signs must be removed within 14 days after sale or rental of property. Signs may not measure more than six square feet in residential districts, nor more than 20 square feet in all other districts. There shall be only one sign per premises. Corner properties, however, may contain two signs, one per frontage. Lakeshore lots may contain two signs, one in the front and one facing the lake;

            (h)   Informational/directional signs shall be limited to three square feet in area and eight feet in height and shall conform to the location provisions of the specific district;

            (i)   Owner-occupant signs. One residential name sign, not to exceed two square feet in area, identifying only the name of the owner or occupant of a residential building.

         (2)   Prohibited signs. The following signs are specifically prohibited by this chapter:

            (a)   Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic-control device;

            (b)   Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs;

            (c)    Any sign which moves, rotates, has any moving parts or gives the illusion of motion, except for time and temperature information and dynamic display signs as regulated in g. of this subdivision;

            (d)   Except for holiday signs and exceptions provided in provision c.(4) below, any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices;

            (e)   Portable signs (except as provided in provision c.(4) below);

            (f)   Signs which are attached in any manner to trees, fences, utility poles or other permanent supports;

            (g)   No sign shall be illuminated with any flashing or intermittent lights, nor shall it be animated, except for time and temperature information. All displays shall be shielded to prevent any light to be directed at on-coming traffic in the brilliance as to impair the vision of any driver. No device shall be illuminated in a manner as to interfere with or obscure an official traffic sign or signal. No light shall be directed onto a lake so as to interfere with navigation thereon;

            (h)   Roof signs.

            (i)   Window signs where the total area of such signs exceeds 10% of the total glass area of the window space as viewed from the street, to a maximum of 20 square feet.

      c.   General provisions.

         (1)   All signs shall comply with the Minnesota State Building Code as may be amended.

         (2)   When electrical signs are installed, the installation shall be subject to the State Building Code as may be amended.

         (3)   No portion of any sign shall be located within five feet of any property line, except as permitted in b.(1)(d) of this subdivision.

         (4)   No signs other than public signs and noncommercial speech signs as provided in b.(1)(d) of this subdivision, shall be erected or temporarily placed within any right-of-way, upon public lands, or easements. Any unauthorized signs located in public right-of-way or on public property shall be considered abandoned and are subject to immediate removal and disposal without notice.

         (5)   Temporary signs.

            (a)   The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign.

            (b)   A conditional use permit may be granted to nonprofit athletic associations, contracted with the city pursuant to Section 902.06 of this code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that:

               (i)   A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use;

               (ii)   Signs may be displayed only in a community park, as defined in the Shorewood Comprehensive Plan;

               (iii)   Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties;

               (iv)   All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign;

               (v)   Signs are limited in size to no larger than 42 inches in height and seven feet in length;

               (vi)   There shall be a minimum spacing between signs of seven feet;

               (vii)   The maximum number of signs per ball field is 15;

               (viii)   The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached, torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the city;

               (ix)   The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign;

               (x)   The conditional use permit is subject to review and recommendation by the Shorewood Park Commission;

               (xi)   The nonprofit athletic association must obtain an annual license from the city and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season; and

               (xii)   It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign.

         (5)   No sign or sign structure shall protrude over a public right-of-way.

         (6)    No sign or sign structure shall protrude over a public right-of-way, except as permitted in b.(1)(d) of this subdivision.

         (7)   All signs which require a permit shall display, in a conspicuous manner, the owner’s name, permit number and date the sign was erected.

         (8)   All height restrictions on signs shall include height of sign structure and be measured from lot grade.

         (9)   In the case of a two-faced, freestanding sign, where the two faces of the sign are parallel and face in opposite directions, only one face shall be used in computing the allowable area of the sign.

          (10)   Any sign now or hereafter existing which no longer advertises or identifies a business conducted, service rendered or product sold on the premises shall be removed by the owner, agent or person having the beneficial use or control of the building or structure upon which the sign may be found within 60 days from the date of vacancy.

         (11)   The regulations contained herein shall not apply to traffic signs or the flag, separate emblem, or insignia of a nation, political unit, school or religious group, or integral signs. There shall be no more than one United States flag and no more than three other non-commercial flags. Nor shall these regulations pertain to a sign inside a building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from the inside of the building.

         (12)   All signs requiring a permit from the city shall be subject to review and approval by the Zoning Administrator.

         (13)   Substitution clause. The owner of any sign which is otherwise allowed by this subsection may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary.

      d.   Nonconforming signs.

         (1)   The following are nonconforming signs:

            (a)   Prohibited signs;

            (b)   All other signs not prohibited that do not conform to the provisions of this chapter;

            (c)   Billboards and advertising signs (except as provided in provision e.(3)(b) of this subdivision).

         (2)   Except as provided in paragraph (5) below, all nonconforming and prohibited signs created by this chapter except those signs exempted by state statutes (M.S. § 462.357, subd. 1c) shall be removed or brought into conformity with this chapter within the following time periods:

            (a)   Any sign in violation of prohibited signs: six months from the date of the enactment of this chapter;

            (b)   All other nonconforming signs: upon approval of any building permit, sign permit, or other zoning action.

         (3)   A nonconforming sign may not be:

            (a)   Changed to another nonconforming sign;

            (b)   Structurally altered except to bring into compliance with the provisions of this chapter;

            (c)   Expanded;

            (d)   Reestablished after its removal;

            (e)   Reestablished after damage of more than 50% of sign replacement cost except to bring into compliance.

         (4)   Nothing in this subdivision shall be construed as relieving the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this subdivision regarding safety, maintenance and repair of signs contained in subdivision 11c; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

         (5)   Notwithstanding provisions to the contrary within this subdivision, nonconforming off site directional signs located on public rights-of-way may continue upon a finding by the City Council that:

            (a)   The sign is reasonably necessary to provide direction to the business which is advertised by the sign;

            (b)   The sign (or a substantially similar predecessor) has been at the location for at least 20 years;

            (c)   The sign has not represented a safety hazard or an obstruction to ordinary roadway maintenance activities.

         (6)   The Council may condition the permission upon the owner of the establishment entering into an agreement with the city addressing matters, including liability, indemnity of the city, circumstances calling for removal of the sign, permit fees and other matters deemed appropriate by the city.

         (7)   In lieu of permitting the existing sign to remain at its existing location the City Council may authorize the location of a substitute sign in the existing location or a different location.

      e.   District regulations. The following sign standards by zoning district pertain to signs which require application and permit.

         (1)   R-1A through R-3B Residential Districts.

            (a)   Area identification signs (monument type only). One sign facing each bordering street shall be allowed for each development of 20 or more units. The sign shall not exceed 32 square feet in area, nor shall the sign structure exceed one-half of the allowable copy area. The signs shall be erected only at the dedicated street entrance, but not in the public right-of-way, may be indirectly illuminated and shall not exceed a height of eight feet above grade.

            (b)   Institution signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be indirectly illuminated and shall not exceed a height of eight feet above grade. Freestanding signs located adjacent to intermediate or minor arterial streets, as identified in the Shorewood Comprehensive Plan, may be internally lit. In addition, one wall sign may be allowed by conditional use permit, subject to the following:

               (i)   The total area of signage, including the wall sign, shall not exceed 5% of the building silhouette as viewed from the street;

               (ii)   The wall sign may be indirectly illuminated.

            (c)   Park identification signs. One sign facing each bordering street. The sign shall not exceed 20 square feet in area nor eight feet in height. The signs may be indirectly illuminated.

            (d)   Subdivision plat signs. No more than two temporary signs advertising a new subdivision plat, provided each sign does not exceed 32 square feet in area, identifying only the plat in which they are located, are nonilluminated and are erected only at dedicated street entrances to the plat. The signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80% of the lots are developed and sold.

            (e)   Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry-way arch, not exceeding 18 feet in height.

         (2)   R-C Residential/Commercial. Subject to other conditions of this chapter, the following signs shall be allowed in the R-C District:

            (a)   Signs are regulated in e.(1) above;

            (b)   Business signs in the R-C Districts shall be subject to the requirements of § 1201.19 Subd. 8.d. of this code.

         (3)   C-1 and C-2 Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the C-1 and C-2 Districts.

            (a)   Business signs.

               (i)   The maximum number of signs for any principal building shall be three except by conditional use as provided in (c) below. The maximum total area for all signs shall be determined by taking 10% of the gross silhouette area of the front of the building. Where the principal building is on a corner lot and thus faces two public streets, both sides may be counted.

               (ii)   For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s).

               (iii)   Each lot will be allowed only one freestanding sign except as provided in (c) below.

            (b)   Advertising signs. Advertising signs are allowed, provided the number and size of the signs shall be subtracted from the allowable number and size of allowable business signs provided in (a) above. In no case shall the area of advertising signs exceed 25% of the total allowable sign area.

            (c)   Conditional uses. In the case of a shopping center or where there are two or more business uses, a conditional use permit may be granted to the entire shopping center in accordance with an overall site and signage plan indicating the size, location and height of all signs. A maximum of 10% of the gross area of the building silhouette shall apply to the principal building where aggregate allowable sign area is distributed among the several businesses. In the case of applying this conditional use permit to a shopping center, the shopping center may have two freestanding signs identifying the shopping center.

            (d)   Freestanding signs. Freestanding signs shall not exceed 20 feet in height or 80 square feet in area. The total area of the sign structure shall not exceed one- half of the allowable copy area.

            (e)   Window signs. The total area of window signs shall not exceed 10% of the total area of windows as viewed from the street. Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number and area of signs allowed for the property.

            (f)   Menu boards. One digital order confirmation sign and one menu board sign per restaurant use with a drive-up facility may be allowed in conjunction with a conditional use permit. The menu board shall not exceed 32 square feet in area, nor more than eight feet in height, and may be in addition to the freestanding sign on the property. The digital order confirmation sign shall not exceed seven square feet and no advertising signage may be placed on the supports or frame of the sign.

         (4)   Signs permitted in the P.U.D. Planned Unit Development District.

            (a)   Signs permitted in P.U.D.s shall be as approved by the City Council for each development and shall be consistent with the requirements for the district most closely associated with each use in the P.U.D.

            (b)   For P.U.D.s containing 20 acres or more of land, the city may allow larger construction signs than those allowed in b.(1)(f) of this subdivision. In determining the size and allowable area of signs in a P.U.D., the city shall take into consideration the functional classification and designated speed limit of adjacent roads and potential impact on adjoining residential areas. In no case shall the total allowable area of construction signs exceed three square feet for each acre of land within the P.U.D. The total area of the sign shall not exceed 100 square feet and no individual sign shall exceed 80 square feet.

      f.   Permit issuance; fees.

         (1)   No permanent sign shall be erected in the City of Shorewood until a permit to do so has been approved by the Zoning Administrator and issued by the office of the Building Official (signs stipulated in b.(1) above shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the Building Official, or his/her designee, has made a preliminary inspection of the sign before installation and has ascertained that the sign and method of installation comply with all requirements of this chapter. The Building Official may require that detailed plans and specifications be submitted with the application if necessary in his or her judgment. Following permit issuance and sign erection, the Building Official shall make a final inspection of the sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his or her certificate of approval.

         (2)   No temporary sign shall be erected in the City of Shorewood until a zoning permit to do so has been approved by the Zoning Administrator, consistent with § 1201.07 Subd. 7. of this chapter. No zoning permit shall be granted until the necessary fee has been paid. The Zoning Administrator may require an inspection to determine that the sign has been installed in compliance with the minimum standards set forth in this chapter or to confirm removal as directed in the zoning permit.

         (3)   Fees:

            (a)   Payment of fees. The permit fee and other fees and charges set forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other persons duly authorized to issue the permit for which the payment of a fee is required under the provisions of this chapter, may not issue a permit until the fees shall have been paid.

            (b)   Double fees. If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of commencement of the work, he or she shall, when subsequently securing each permit, pay double the fee provided for the permit, or is subject to the penalty provisions of this chapter.

            (c)   Initial fees. The City Council shall, from time to time, establish a fee schedule by ordinance.

      g.   Dynamic display signs.

         (1)   Purpose. The purpose of this section is to allow new technologies in commercial signage that allow messages to be easily updated, while at the same time preventing distraction to motorists and minimizing visual impacts of electronic signage on residential properties. The city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threat to public safety.

         (2)   Permitted sign type and locations.

            (a)   Dynamic display signs are permitted solely as free-standing signs and only in the C-1, General Commercial and C-2, Commercial Service Zoning Districts. Dynamic display signs shall be located no closer than 20 feet from a side lot line. The dynamic display portion of a freestanding sign shall be located at the bottom of the sign face. Any portion of a dynamic display sign that consists solely of an alpha-numeric message shall not be counted in the allowable area for the dynamic display sign, provided the alpha-numeric message remains static for no less than four hours at a time.

            (b)   To the extent that signage is allowed in the residential zoning districts, including the R-C, Residential/Commercial Zoning District, dynamic display signs shall be restricted to conditional uses in those districts, and shall be limited to alpha-numeric signs only. Alpha-numeric institutional signs shall be limited to 20 square feet in area and shall be timed to remain static for no less than 90 minutes at a time.

         (3)   Duration of image. A dynamic display sign’s image, or any portion thereof, may not change more often than once every ten minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information and except as provided in (2) above. A display of time, date, or temperature must remain for at least ten minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every 60 seconds.

         (4)   Transition. If a dynamic display sign’s image or any portion thereof changes, the change sequence must be instantaneous without any special effects.

         (5)   Prohibition on video display. No portion of a dynamic display sign may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind.

         (6)   Prohibition on fluctuating or flashing illumination. No portion of a dynamic display sign image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement.

         (7)   Audio. Dynamic display signs shall not be equipped with audio speakers.

         (8)   Malfunctions. Dynamic display signs must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic display signs must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the city that it is not complying with the standards of this subdivision.

         (9)   Brightness. All dynamic display signs shall meet the following brightness standards:

            (a)   No dynamic display sign may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between sunset to sunrise as measured from the sign’s face at maximum brightness.

            (b)   All dynamic display signs having illumination by means other than natural light must be equipped with an ambient light sensor and a dimmer control or other mechanism to continuously adjust the sign’s brightness to ensure at any time the sign’s intensity does not exceed 0.3 foot candles above ambient light levels as measured from 100 feet from the sign’s face and automatically controls the sign’s brightness to comply with the requirements of this subdivision.

            (c)   No dynamic display sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

            (d)   The owner or controller of the dynamic display sign must adjust the sign to meet these brightness standards in accordance with the city’s instructions. The adjustment must be made immediately upon notice of non-compliance from the city.

            (e)   A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards.

         (10)   Sign area limitation. Dynamic display signs are allowed only on free standing signs in the permitted districts. Dynamic display signs may occupy no more than 25% percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face.

         (11)   Distance from residential/hours. Dynamic display signs shall be located not closer than 100 feet from a residential zoning district and any dynamic display sign located within 500 feet of single- and two-family residential homes must be programmed to freeze the image between the hours of 10:00 p.m. and 6:00 a.m.

Subd. 12.   Home occupations.

      a.   Purpose. The primary purpose of this subdivision is to provide a means through establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning.

      b.   Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision.

      c.   Procedures and permits.

         (1)   Limited home occupation. Any home occupation, as defined in this code and which qualifies as a limited home occupation under subsection d.(2) of this section shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code.

         (2)   Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in subsection d.(2) of this section shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of § 1201.04 of this chapter.

         (3)   Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision.

         (4)   Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper.

         (5)   Transferability. Permits shall not run with the land and shall not be transferable.

         (6)   Lapse of special home occupation permit by non-use. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work 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 permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

         (7)   Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit 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 unless a decision to reconsider the matter is made by not less than four-fifths vote of the full City Council.

         (8)   Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

      d.   Requirements. General provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions.

         (1)   General provisions.

            (a)   No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

            (b)   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

            (c)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses.

            (d)   No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

            (e)   There shall be no exterior storage of equipment or materials used in the home occupation.

            (f)   Accessory buildings may only be used for storage of commercial trailers, equipment, stock, or materials related to the home occupation if the property has an alternative, conforming location for the off-street parking required by subdivision 5 of this section.

            (g)   The home occupation shall meet all applicable fire and building codes.

            (h)   There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling.

            (i)   All home occupations shall comply with the provisions of the city nuisance ordinance (Chapter 502).

            (j)   No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and does not require any on-street parking facilities.

            (k)   Parking.

               (i)   Parking for home occupations shall comply with the requirements of subdivision 5 of this section.

               (ii)   All parking for home occupations shall occur on the existing driveway. On-street parking of any vehicles related to a home occupation is prohibited, including, but not limited to, customer or employee vehicles, commercial trailers, and commercial vehicles.

               (iii)   No commercial vehicle or trailer used in conjunction with the home occupation, shall be parked closer than 25 feet from the curb line or edge of the paved street surface.

         (2)   Requirements - limited home occupations.

            (a)   No person other than those who reside on the premises shall be employed in the home occupation.

            (b)   All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.

            (c)   Examples of limited home occupations include, but are not limited to, art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil/client at a time and no more than five per day. None of the above shall service more than one person in the home at a given time.

            (d)   The home occupation shall not include any of the following:

               (i)   Repair service or manufacturing which requires equipment other than found in a dwelling.

               (ii)   Teaching, counseling, or sales meetings which consists of more than one pupil/client at a time.

               (iii)   Over-the-counter sale of merchandise produced or sold off the premises.

               (iv)   Parking or storage of more than one commercial vehicle or commercial trailer used for the home occupation outside an accessory building.

         (3)   Requirements - special home occupation.

            (a)   Not more than one person other than those who reside on the premises shall be employed.

            (b)   Special home occupations may be conducted within an accessory building.

            (c)   Examples of special home occupations include: massage therapists, barber and beauty services, pet grooming, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like.

            (d)   The special home occupation may include any of the following:

               (i)   Stock-in-trade incidental to the performance of a service;

               (ii)   Up to five clients/pupils/animals at any one time and no more than 10 clients/pupils/animals per day except as further limited by d.(1)(k) of this section or by the City Council. Any group events (except pet grooming) may occur on no more than one day per week, unless otherwise approved by the City Council.

         (4)   Prohibited home occupations. Repair of vehicles which are not registered to a resident of the dwelling, except as allowed by § 502.04.

      e.   Nonconforming use. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision.

      f.   Inspection. The City of Shorewood reserves the right, upon issuing any special home occupation permit, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this subdivision or any conditions additionally imposed.

Subd. 13.   Flood plain development. Any development of land located within the flood plain, as defined in § 1201.02, shall comply with the provisions of the Shorewood Flood Plain Ordinance (No. 109, Chapter 1101), as may be amended.

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 1.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.

Subd. 15.   Wetland development. Any development of land located within wetland areas, as designated on the Shorewood Wetlands Map, shall comply with the provisions of the Shorewood Wetlands Ordinance (No. 70, Chapter 1102 of the City Code), as may be amended.

Subd. 16.   Subdivision of two-family or quadraminium lots. The subdivision of base lots containing two-family dwellings or quadraminiums to permit individual private ownership of a single dwelling within the structure is acceptable upon the approval by the City Council. Approval of a subdivision request is contingent on the following requirements.

      a.   Prior to a two-family dwelling or a quadraminium subdivision, the base lot must meet all the requirements of the zoning district.

      b.   There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two-family or quadraminium subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots.

      c.   Permitted accessory uses as defined by the zoning districts are acceptable, provided they meet all the zoning requirements.

      d.   A property maintenance agreement must be arranged by the applicant and submitted to the City Attorney for his or her review and subject to approval. The agreement shall insure the maintenance and upkeep of the structure and the lots to meet minimum city standards. The agreement is to be filed with the Hennepin County Recorder’s office as a deed restriction against the title of each unit lot.

      e.   Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer.

      f.   The subdivision and maintenance agreement are to be processed and recorded in conformance with the requirements of the Shorewood Subdivision Ordinance, Chapter 1202.

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 or her officially submitted plan documents.

      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 Building Official 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 contractor 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 Official for his or her review and approval.

      e.   Enforcement. The Building Official 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.

Subd. 18.   Solar access. (Reserved for future use).

Subd. 19.   Fire lanes.

      a.   Purpose. Recognizing that all fire lanes are to provide lake access to the public, this subdivision is established to identify, classify and regulate the use thereof based upon their historic use within the city.

      b.   Use classifications. The use of fire lanes in Shorewood shall be restricted to one of the following classifications:

         (1)   Class I may be used for pedestrian access to the lake, fishing from shore, launching canoes and other small boats not requiring a trailer and cross-country skiing;

         (2)   Class II may be used for all of the activities as designated in Class I except fishing, as well as snowmobile access during the winter, parking and swimming;

         (3)   Class III may be used only for pedestrian access to the lake, fishing, launching canoes and other small boats not requiring a trailer. In addition, a single dock may be installed subject to the following:

            (a)   The person or group of persons installing the dock shall be Shorewood residents and apply for an annual building permit prior to installation of the dock;

            (b)   The total length of the dock shall not exceed 25 feet;

            (c)   The dock shall be installed by a professional installer and maintained in a safe and workmanlike manner;

            (d)   The use of the dock shall be for the general public and shall not be limited to use by those who install it;

            (e)   Docking of boats shall be limited to daytime hours only between sunrise and sunset;

            (f)   The dock shall comply with all requirements of the Lake Minnetonka Conservation District.

      c.   Designation of fire lanes. The following fire lanes shall be identified on the Official Zoning Map and shall be classified as follows:

         (1)   Class I: 1-Enchanted Island, 2-Shady Island, 3-Grant Lorenze, 4-Third Street, 7-Ferncroft, 8-Ivy Lane, 9-Rustic Way South, 10-Rustic Way North;

         (2)   Class II: 6-Crescent Beach;

         (3)   Class III: 5-Eureka.

      d.   General regulations.

         (1)   Fire lanes shall be used only for the activities provided for in subdivision b above. No sporting activities shall be allowed which involve thrown objects such as catch, softball, baseball, frisbee, volleyball or football.

         (2)   Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance 140, as may be amended, (Chapter 902) pertaining to the use of city parks, including, but not limited to, use of intoxicating beverages.

         (3)   Maintenance and improvements of fire lanes shall be the sole responsibility of the city. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator/Clerk or his or her agent.

         (4)   Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers or snowmobiles on or adjacent to any of the fire lanes identified herein.

         (5)   Except for snowmobiles in Class II fire lanes, motorized vehicles shall be prohibited on fire lanes.

         (6)   Lots with side yards abutting fire lanes shall provide a total of 30 feet of side yard setback with no one side being less than ten feet.

Subd. 20.   Elderly housing.

      a.   Purpose. The purpose of this subdivision is to provide opportunities for elderly housing within residential zoning districts and to maintain compatibility with other uses within those districts.

      b.   Conditional use. Elderly housing shall be allowed by conditional use permit in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-2A, R-2B, R-2C, R-3A, R-3B and R-C. In addition the following conditions shall apply:

         (1)   Elderly housing projects shall be processed as planned unit developments (P.U.D.) in compliance with § 1201.06 of this code;

         (2)   Occupancy of each dwelling unit shall be limited to no more than two adults, 62 years of age or older. Occupancy of dwellings which qualify as “housing for older persons” under the Federal Fair Housing Act shall be limited to two adults, 55 years of age or older. The occupancy limitations shall be memorialized in restrictive covenants approved by the city and filed with the Hennepin County Recorder. Exception: the occupancy limitations stated above shall not apply to one adult live-in care-provider serving the needs of the primary occupant(s), provided that if the care-provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator;

         (3)   To continue to qualify for the elderly housing classification, the owner, homeowner’s association or agency shall annually file with the City Administrator/Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of the building or buildings, listing the number of tenants or occupants by age, by unit;

         (4)   Adequate off-street parking must be provided in compliance with Subd. 5 of this section. Parking plans must show room on the site for at least one garage space per dwelling unit;

         (5)   Parking areas for five or more cars must be screened and landscaped from view of surrounding residential property, in compliance with Subd. 2g of this section;

         (6)   All signing and informational or visual communication devices shall be in compliance with Subd. 11 of this code.

         (7)   All structures shall comply with the Minnesota State Building Code;

         (8)   Elderly housing:

            (a)   Two-family, quadraminium, or townhouse housing: two parking spaces per unit.

            (b)   Apartments: one and one-half parking spaces per unit, plus proof of parking demonstrating the ability to provide two spaces per unit.

            (c)   R-3A, R-3B and R-C: 12 units per acre.

            (d)   For purposes of calculating density, assisted living units shall be counted as one-half unit.

         (9)   The minimum site size for elderly housing projects shall be three acres;

         (10)   Dwelling units may be detached or attached;

         (11)   Building heights shall be limited to one and one-half stories in all districts except the R-3A, R-3B and R-C zoning districts in which buildings may be three stories;

         (12)   Where allowed, multiple-family elderly housing must have elevator service to each floor;

         (13)   Usable open space as defined in this chapter is equal, at a minimum, to 20% of the gross lot area;

         (14)   The provisions of § 1201.04 Subd. 1d(1) are considered and satisfactorily met.

      c.   Fees reduced. Park dedication fees as required in § 1202.07 of this code and local sanitary sewer access charges as required in § 904.18 Subd. 1 of this code shall be charged on the basis of the development potential of property as currently zoned. Fees shall not be charged for additional residential units achieved under b(8) of this subdivision.

Subd. 21.    Telecommunications towers and facilities.

      a.   Purpose. The general purpose of this subdivision is to regulate the placement, construction and modification of telecommunications towers and facilities in order to protect the health, safety and welfare of the public, while complying with the provisions of the Federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996. The specific purposes of this subdivision are:

         (1)   To regulate the location of telecommunications towers and facilities;

         (2)   To protect residential areas and land uses from potential adverse impacts of telecommunications towers and facilities;

         (3)   To minimize any adverse impacts of telecommunications towers and facilities through design, siting, landscaping and innovative camouflaging techniques;

         (4)   To promote and encourage shared use and co-location of telecommunications towers and antenna support structures;

         (5)   To avoid damage to adjacent properties caused by telecommunications towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound;

         (6)   To ensure that telecommunications towers and facilities are compatible with surrounding land uses.

      b.   Development of towers.

         (1)    A tower shall be a conditional use in the C-1, General Commercial and C-2, Service Commercial Zoning Districts. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from the City Council and a building permit issued by the Building Official.

         (2)   The city may, by conditional use permit, authorize the use of city property for towers in accordance with the procedures of this code. The city has no obligation to allow the use of city property for this purpose.

         (3)   No telecommunications facilities may be located within a distance equal to twice the height of the proposed tower of any use that involves the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas and corrosive or dangerous chemicals, unless the applicant can demonstrate with credible engineering data, to the satisfaction of the city, that no danger exists in locating the telecommunications facilities in the proposed proximity to the uses.

         (4)   The development of a tower is subject to the following additional restrictions:

            (a)   Unless the applicant presents clear and convincing evidence to the city, that co-location is not feasible, a new tower may not be built, constructed or erected in the city, unless the tower is capable of accommodating additional telecommunications facilities owned by other persons, and the tower owner agrees to comply with the provisions of the subsection relating to existing towers. A new tower shall be designed and built to accommodate three times the tower’s initial loading capacity. If the tower is less than 100 feet in height it shall be built to accommodate two times the tower’s initial loading capacity.

            (b)   A development approval to develop, build, construct or erect a tower will not be granted to a person on the basis that it is economically unfeasible for that person to co-locate or install telecommunications facilities on a tower or antenna support structure owned by another person.

         (5)   An application to develop a tower must include:

            (a)   The names, addresses and telephone numbers of all owners of other towers or antenna support structures and the locations of the structures, within a one mile radius of the proposed new tower site;

            (b)   Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co-locate the applicant’s telecommunications facilities on towers or antenna support structures located within a one-half mile radius of the proposed tower site;

            (c)   Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person’s tower or antenna support structure located within a one half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communications system;

            (d)   A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications service enjoyed by adjacent residential and nonresidential properties;

            (e)   Written evidence from an engineer that the proposed structure meets the structural requirements of this code.

         (6)   Setbacks.

            (a)   A tower must be located on a single parcel such that the base of the tower is no closer to the property line than the height of the tower, unless a qualified engineer specifies in writing that the failure of the tower will occur within a lesser distance under reasonably foreseeable circumstances. In no case will the tower be located outside the buildable area of the lot.

            (b)   Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located.

         (7)   Structural requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the Uniform Building Code and any other standards set forth in this subdivision.

         (8)   Height. A tower may not exceed 125 feet in height.

         (9)   Separation or buffer requirements. Towers must be separated from land used or planned for residential use by a minimum of 90 feet or 100% of the height of the proposed tower, whichever is greater. Setbacks may be reduced where abutting nonresidential uses, but in no case shall the setback be less than that which is required for the zoning district in which the property is located. The minimum tower separation distance is calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subdivision is measured from the base of a tower to the closest point of the proposed site.

         (10)   Method of determining tower height. Measurement of tower height must include the tower structure itself, the base pad and any other telecommunications facilities attached thereto. Tower height is measured from grade.

         (11)   Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance which is three times the height of the tower from the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the City Council may approve the placement of an antennae on an existing or proposed lighting standard, provided that the antennae is integrated with the lighting standard.

         (12)   Exterior finish. Towers not requiring FAA painting or marking must have an exterior finish as approved in the site plan.

         (13)   Fencing. Fences constructed around or upon parcels containing towers, antenna support structures or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by FCC regulations.

         (14)   Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements in the site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet the setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non- vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size.

         (15)   Security. Towers must be reasonably posted and secured to protect against trespass.

         (16)   Access. Parcels upon which towers are located must provide access during normal business hours to at least one paved vehicular parking space on site.

         (17)   Stealth. All towers shall be, to greatest extent reasonably possible, in the discretion of the city, of stealth design. Stealth shall not require towers or telecommunications facilities to be totally hidden and does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.

         (18)   Existing towers.

            (a)   Any owner upon whose land a tower is located, which contains additional capacity for installation or co-location of telecommunications facilities, may allow other persons to install or co-locate telecommunications facilities on a tower. Any co- location shall require amendment of the original conditional use permit granted for the tower.

            (b)   An existing tower may be modified to accommodate co- location of additional telecommunications facilities as follows:

               (i)   Application for a building permit shall be made to the City Building Official;

               (ii)   The total height of the modified tower and telecommunications facilities attached thereto shall be established by the new conditional use permit, if granted;

               (iii)   Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this subdivision. The towers premodification height shall be used to calculate the distance separations;

               (iv)   A tower which is being rebuilt to accommodate the co-location of additional telecommunications facilities may be moved on site subject to the setback requirements of this subdivision.

         (19)   Abandoned or unused towers or portions of towers. Abandoned or unused towers and associated above-ground facilities must be removed within six months of the cessation of operations of an antenna facility at the site unless an extension is approved by the City Council. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site must be submitted at the time of application. If a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

         (20)   Evaluation and monitoring. As a condition of approval for telecommunication facilities, the applicant shall reimburse the city for its costs to retain outside expert technical assistance to evaluate any aspect of the proposed siting of telecommunications facilities. The owner of a telecommunications facility shall provide the city with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the city’s reasonable request. If the owner does not promptly provide the city with satisfactory technical evidence of FCC compliance, the city may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the city for its reasonable costs in carrying out the compliance testing.

         (21)   Variances. The City Council may grant a variance to the setback, separation or buffer requirements and maximum height provision of this subdivision based only on the criteria set forth in § 1201.05 of this code.

         (22)   Additional criteria for variance. The City Council may grant a variance pursuant to § 1201.05 of this code if the applicant also demonstrates with written or other satisfactory evidence that:

            (a)   The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area and not change the character of the neighborhood in which the tower is proposed to be located;

            (b)   The variance will not create a threat to the public health, safety or welfare;

            (c)   In the case of a requested modification to the setback requirement, that the size of plat upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site but poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land;

            (d)   In the case of a request for modification of separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant’s wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area;

            (e)   In the case of a request for modification of the maximum height limit, that the modification is necessary to:

               (i)   Facilities co-location of telecommunications facilities in order to avoid construction of a new tower; or

               (ii)   To meet the coverage requirements of the applicant’s wireless communications system, which requirements must be documented with written, technical evidence from an engineer.

         (23)   Failure to comply.

            (a)   If the permittee fails to comply with any of the terms imposed by the conditional use permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions.

            (b)   Except as provided in subsection (23)(c) below, the imposition of any penalty shall be preceded by:

               (i)   Written notice to the permittee of the alleged violation;

               (ii)   The opportunity to cure the violation during a period not to exceed 30 days following receipt of the written notice; and

               (iii)   A hearing before the City Council at least 15 days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline.

            (c)   If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and shall provide a post-revocation hearing before the City Council not more than 15 days after permittee’s receipt of written notice of the hearing. Following the hearing, the City Council may sustain or rescind the revocation or may impose the other and further discipline as it deems appropriate.

            (d)   Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record.

Subd. 22.   Accessory apartments.

      a.   Purpose. The purpose of allowing and regulating accessory apartments in single-family dwellings is to:

         (1)   Increase the diversity of housing options for residents;

         (2)   Encourage better utilization of existing housing stock;

         (3)   Protect the safety of residents and the stability, property value and character of residential neighborhoods.

      b.   Conditional use. Accessory apartments shall be allowed by conditional use permit in the following zoning districts: R-l A, R-1B, R-1C, R-1D, R-2A, R-2B, R-2C and in the planned unit developments that allow single-family residential dwellings.

      c.   Standards. Accessory apartments are subject to the provisions of § 1201.04 of this code. In addition, the following standards shall apply:

         (1)   The accessory apartment shall be clearly a subordinate part of the single-family dwelling. In no case shall the accessory apartment be more than 40% of the building's total floor area, nor have more than two bedrooms.

         (2)   The principal unit shall have at least 700 square feet of living space remaining after creation of the accessory apartment, exclusive of garage area. Accessory apartments shall have at least 475 square feet of living space. Living space square footage for the accessory apartment shall be exclusive of utility rooms, common hallways, entryways or garages. At minimum, living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room.

         (3)   No front entrances shall be added to the house as a result of the accessory apartment permit.

         (4)   An addition to the original building is permitted, provided that the addition does not increase the floor area or volume of the original building by more than 20%, and the addition will not alter the character of the building.

         (5)   The owner of the residence in which the accessory apartment is located shall occupy the dwelling unit itself or the accessory apartment.

         (6)   Occupancy of the accessory apartment shall be limited to persons related by blood, marriage or adoption to the owner of the residence. In cases where the accessory apartment is occupied by the owner, occupancy of the dwelling unit itself shall be limited to persons related to the owner by blood, marriage or adoption. Exception: the occupancy limitations stated herein shall not apply to one adult, live-in care-provider serving the needs of the primary occupant(s), provided that, if the care-provider resides on the premises for more than 30 days, notice must be given to the Zoning Administrator.

         (7)   The owner of the single-family residence shall enter into a residential use agreement with the city, stipulating that the home will not be used except for single-family residential purposes, and that the accessory apartment shall not be rented out in the future to anyone not related by blood, marriage or adoption to the owner. Prior to occupancy of the accessory apartment, the owner shall provide evidence to the city that the residential use agreement has been recorded with the county.

         (8)   Any property for which an accessory apartment is proposed shall have, at minimum, three off-street parking spaces, two of which must be enclosed. Any parking provided pursuant to this section shall be located in a garage or an approved driveway.

         (9)   The accessory apartment and principal unit must meet the applicable standards and requirements of the Building Code, Fire Code and the Rental Housing Code.

         (10)   The building and property shall remain in single ownership and title, and shall only have one mailing address.

         (11)   Only one accessory apartment permit may be issued per detached single-family home.

Subd. 23.   Renewable energy.

      a.   Purpose. It is the intent of the City Council, consistent with the Comprehensive Plan, to provide a sustainable quality of life for the city’s residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. In accordance with that intent, the city finds that it is in the public interest to encourage renewable energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include:

         (1)   To promote rather than restrict development of renewable energy sources by removing regulatory barriers and creating a clear regulatory path for approving renewable energy systems.

         (2)   To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.

         (3)   To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels.

         (4)   To encourage renewable energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated.

      b.   Solar energy systems. 

         (1)   Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

         (2)   Standards.

            (a)   Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed 20 feet in height.

            (b)   Location. In residential zoning districts, ground-mounted solar energy systems are limited to the rear yard. In non-residential zoning districts, ground-mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots, subject to applicable building setback requirements.

            (c)   Setbacks. Ground-mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 20 feet from all property lines. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

            (d)   Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs.

            (e)   Easements. Solar energy systems shall not encroach on public drainage, utility, roadway or trail easements.

            (f)   Screening. Ground-mounted solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping.

            (g)   Maximum area. In residential zoning districts and residential P.U.D.s, ground-mounted solar energy systems shall be limited to a single array with a maximum area of 120 square feet. In other zoning districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations or no more than 25% of the rear yard, whichever is less.

            (h)   Aesthetics. Reflection angles from ground-mounted collector surfaces shall be oriented away from the neighboring windows. Where necessary, screening may be required to address glare.

            (i)   Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel.

         (3)   Safety.

            (a)   Standards - electrical.

               (i)   All utilities shall be installed underground.

               (ii)   An exterior utility disconnect switch shall be installed at the electric meter serving the property.

               (iii)   Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city.

               (iv)   No solar energy system shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the solar energy system with the utility company shall adhere to the national electrical code as adopted by the city.

            (b)   Certification. The solar energy system shall be certified by Underwriters Laboratories, Inc., and comply to the requirements of the international building code.

            (c)   Abandonment. Any solar energy system which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit.

         (4)   Permits. Building-integrated solar energy systems shall require a building permit prior to installation. Ground-mounted solar energy systems shall require a zoning permit, pursuant to § 1201.07 of this code prior to installation.

      c.   Wind energy systems. (Reserved for future use.)

      d.   Ground source heat pump systems. (Reserved for future use.)

(1987 Code, § 1201.03) (Ord. 168, passed 6-24-1985; Ord. 171, passed 8-12-1985; Ord. 180, passed 5-19-1986; Ord. 188, passed 11-24-1986; Ord. 208, passed 4-11-1988; Ord. 214, passed 5-22-1989; Ord. 226, passed 6-11-1990; Ord. 227, passed 6-11-1990; Ord. 243, passed 9-9-1991; Ord. 261, passed 11-30-1992; Ord. 270, passed 2-22-1993; Ord. 275, passed 5-24-1993; Ord. 276, passed 6-14-1993; Ord. 289, passed 3-28-1994; Ord. 291, passed 5-9-1994; Ord. 321, passed 5-12-1997; Ord. 323, passed 10-26-1997; Ord. 343, passed 9-28-1998; Ord. 345, passed 10-26-1998; Ord. 361, passed 2-14-2000; Ord. 371, passed 5-29-2001; Ord. 374, passed 12-10-2001; Ord. 375, passed 12-10-2001; Ord. 379, passed 2-11-2002; Ord. 392, passed 1-27-2003; Ord. 396, passed 7-28-2003; Ord. 410, passed 12-13-2004; Ord. 413, passed 2-28-2005; Ord. 419, passed 1-23-2006; Ord. 420, passed 2-13-2006; Ord. 427, passed 7-24- 2006; Ord. 431, passed 11-27-2006; Am. Ord. 433, passed 1-22-2007; Am. Ord. 459, passed 6-22-2009; Am. Ord. 462, passed 8-24-2009; Am. Ord. 467, passed 5-24-2010; Am. Ord. 472, passed 12-13-2010; Am. Ord. 473, passed 12-13-2010; Am. Ord. 474, passed 2-28-2011; Am. Ord. 481, passed 9-26-2011; Am. Ord. 487, passed 11-28-2011; Am. Ord. 492, passed 3-12-2012; Am. Ord. 499, passed 9-10-2012; Am. Ord. 521, passed 7-27-2015; Am. Ord. 523, passed 10-26-2015; Am Ord. 524, passed 12-14-2015; Am. Ord. 531, passed 7-11-2016; Am. Ord. 532, passed 7-25-2016; Am. Ord. 542, passed 7-24-2017; Am. Ord. 544, passed - -2017; Am. Ord. 567, passed 7-22-2019; Am. Ord. 575, passed 12-14-2020; Am. Ord. 588, passed 5-9-2022; Am. Ord. 596, passed 12-12-2022)

1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL 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. Requests for text or map amendments to this chapter or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by two copies of detailed written and graphic materials fully explaining the proposed change, development or use.

      c.   Staff review/technical assistance reports. Upon receipt of a complete application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure 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.

         (1)   Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional 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 city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons or its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. 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 city from requesting additional information from the applicant upon which to base a decision.

         (2)   If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.

      d.   Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request 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 next 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 shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding 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 use permits shall require a simple majority vote of the full City Council.

         (2)   In the case of a conditional 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 or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit 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 - 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 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.

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 this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises or on any adjoining roads and all other or future factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public 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.   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 no charge for the filing of the petition. 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.

      d.   Performance agreement and guarantee.

         (1)   Except in the case of non-income producing residential property, upon approval of a conditional use permit, 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 Building Official.

         (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 or the ordinances of the city shall result in forfeiture of the security.

Subd. 4.   Interim conditional use permit.

      a.   Purpose. The purpose and intent of an interim conditional 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 conditional use shall terminate on the happening of any of the following events, whichever occurs first:

         (1)   The date 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 conditional use permit shall comply with the following:

         (1)   Conform to the applicable general building and performance requirements of § 1201.03, Subd. 2 of this code;

         (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;

         (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 conditional use permit or amending an existing interim 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.

      f.   Violations. After two nuisance or code violation complaints have been made and verified with written notice to the holder of the interim conditional use permit, a public hearing may be called within 60 days of the last complaint to reconsider the interim conditional use permit.

      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 conditional use permit; or

         (2)   If access to the property for purpose of making and inspection is refused to the Zoning Administrator or its designee. The same process established for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit.

(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)

1201.05 ADMINISTRATION, VARIANCES AND APPEALS .

Subd. 1.   Purpose. The purpose of this section is to provide for:

      a.   Administrative appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter.

      b.   Variance. A variance process to allow deviations from the strict provisions of this chapter including those placed on nonconformities. The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district.

Subd. 2.   Administrative appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter and shall be submitted to the Zoning Administrator as indicated below.

      a.   Filing. The request for an appeal shall be submitted in writing and:

         (1)   Be submitted by the property owner or their agent and include contact information for both parties.

         (2)   State the specific grounds upon which the appeal is made.

         (3)   Be filed within 14 days of the date the administrative decision was mailed or sent by electronic mail.

         (4)   Include the fee as required by § 1301.02.

      b.   Notice to appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard.

      c.   Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property.

      d.   Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof may appear to answer questions concerning the request.

         (1)   The Planning Commission shall consider possible adverse effects of the appeal.

         (2)   The Planning Commission shall make a finding of fact and may recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at a regularly scheduled meeting.

      e.   City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statutes. Action on the request shall require passage by a simple majority vote of a quorum of the City Council.

      f.   Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail.

      g.    Appeal of Council action. Any person(s) aggrieved by any decision of the board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.

Subd. 3.   Variances.

      a.   Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon finding that all of the following criteria, as applicable, are met.

         (1)   The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this chapter.

         (2)   The applicant has established that there are practical difficulties in complying with this chapter. Practical difficulties mean:

            (a)   The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

            (b)   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

            (c)   The variance, if approved, would not alter the essential character of the locality.

         (3)   The variance would not be based exclusively on economic considerations.

         (4)   The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street, or increase the danger of fire or endanger the public safety.

         (5)   The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood.

         (6)   The variance is the minimum variance necessary to address or alleviate the practical difficulties.

      b.   Procedure.

         (1)   Pursuant to M.S. § 15.99, an application for a variance 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.

         (2)   Application. Requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. The application shall also be accompanied by three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use.

         (3)   Staff review/technical assistance reports. Upon receipt of an application for variance, the Zoning Administrator, or designee, may request additional information or may obtain outside expert advice at the consent and expense of the applicant. When all informational requirements have been complied with, the request shall be considered officially submitted. The Zoning Administrator, or designee, shall prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.

         (4)   Public meeting. Upon official submission of the request, the Zoning Administrator shall schedule a public meeting on the request for a regularly scheduled Planning Commission meeting occurring at least ten days from the date written notification of the public meeting is sent to all property owners within 500 feet of the boundary of the subject property. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.

         (5)   Planning Commission action. The Planning Commission shall conduct the public meeting, at which time the applicant or a representative thereof may appear to answer questions concerning the proposed request. The Planning Commission shall also take public testimony.

            (a)   The Planning Commission shall consider possible adverse effects of the variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in Subd. 3.a. of this section.

            (b)   The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request with the consent and at the expense of the applicant.

            (c)   The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the City Council.

         (6)   Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of a regularly scheduled meeting of the City Council.

         (7)   City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact.

            (a)   Approval of a request shall require passage by a simple majority vote of a quorum of the City Council.

            (b)   The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance.

            (c)   Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance 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; and 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 by not less than a simple majority vote of a quorum of the City Council.

         (8)   Lapse of variance. Whenever within one year after granting a variance, the use as permitted by the variance shall not have been completed or utilized, then the variance shall become null and void unless a petition for extension of time in which to complete or to 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 variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing all efforts to complete or utilize the use permitted in the variance. The Zoning Administrator shall present the request to the City Council for a decision.

         (9)   Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462.

      c.    Performance agreement. In the case a variance is approved contingent upon certain conditions imposed by the Council, the council may require a performance agreement to be executed.

         (1)   The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include:

            (a)   The terms of work and penalties for non-compliance in a form agreeable to the City Attorney; and

            (b)   Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan.

         (2)   The applicant shall provide the city with a letter of credit or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall automatically renew with a minimum of two months' notice prior to cancellation and shall be used to guarantee conformance and compliance with the conditions of the variance and the ordinances of the city.

         (3)   The financial guarantee shall be in the amount of one and one-half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development.

         (4)   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and ordinances of the city has been issued by the City Building Official.

         (5)   Failure to comply with the conditions of the variance and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies.

(1987 Code, § 1201.05) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 485, passed 11-14-2011; Am. Ord. 547, passed --2017; Am. Ord. 550, passed - -2018; Am. Ord. 575, passed 12-14-2020)

1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT .

Subd. 1.   Purpose. This section is intended to allow flexibility within zoning districts while maintaining land use compatibility with surrounding neighborhoods.

Subd. 2.   Application. Within the zoning districts contained in §§ 1201.10 through 1201.23, planned unit development is allowed by conditional use permit. Land use and densities are limited to land uses and densities specified in each of the individual districts.

Subd. 3.   Special procedures. The establishment of a PUD by conditional use permit shall be subject to the procedures and requirements for conditional use permits as set forth in § 1201.04 of this chapter and the standards and criteria set forth in § 1201.25 of this chapter. Each of the three stages of the review process shall require a separate application.

(1987 Code, § 1201.06) (Ord. 208, passed 4-11-1988)

1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY AND ZONING PERMITS.

Subd. 1.   Certificate of occupancy.

      a.   No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Official starting that the building or structure complies with all of the provisions within this chapter.

      b.   The certificate shall be applied for coincidentally with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the Building Official shall have found the building or structure satisfactory and given final inspection. The application shall be accompanied by a fee as established by City Council ordinance.

Subd. 2.    Zoning permits. A zoning permit shall be required for activities that do not require building permits but for which it is necessary to determine compliance with zoning requirements such as setbacks, impervious surface coverage, structure height, and the like. Pursuant to M.S. § 15.99, an application for a zoning 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. The permit shall expire within six months if the applicant has not completed the project. Items requiring a zoning permit include the following:

      a.   Accessory buildings that do not require building permits.

      b.   Driveways.

      c.   Sport and tennis courts.

      d.   Retaining walls higher than three feet (no separate permit required when a building permit is required for grading).

      e.   Above-ground fireplaces and cooking facilities, but not including portable appliances.

      f.   Residential decks that do not require building permits, as well as patios, terraces, sidewalks, steps, stoops, and other similar at-grade improvements.

      g.   Playground equipment or systems occupying more than 64 square feet of ground area or exceeding six feet in height.

      h.   Fences as regulated by § 1201.03 Subd. 2.f.

      i.   Temporary signs.

      j.   Portable storage facilities not associated with a valid building permit and located on property for more than 30 days in a 12-month period.

      k.   Ground-mounted solar energy systems not requiring a building permit, consistent with § 1201.03 Subd. 23.

(1987 Code, § 1201.07; Am. Ord. 501, passed 3-25-2013; Am. Ord. 575, passed 12-14-2020)

1201.08 ENFORCEMENT AND PENALTIES .

Subd. 1.   Enforcement. This chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance.

Subd. 2.   Penalty. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense.

Subd. 3.   Effective date. This chapter shall be in full force and effect from and after its passage and publication according to law.

(1987 Code, § 1201.08)

1201.09 ESTABLISHMENT OF ZONING CLASSIFICATIONS .

Subd. 1.   Establishment of Districts. The following districts are established within the city.

      a.   Residential Districts.

         (1)   R-1A, Single-Family Residential.

         (2)   R-1B, Single-Family Residential.

         (3)   R-1C, Single-Family Residential.

         (4)   R-1D, Single-Family Residential.

         (5)   R-2A, Single and Two-Family Residential.

         (6)   R-2B, Single and Two-Family Residential.

         (7)   R-2C, Single and Two-Family Residential.

         (8)   R-3A, Multiple-Family Residential.

         (9)   R-3B, Multiple-Family Residential.

         (10)   R-C, Residential/Commercial.

      b.   Commercial Districts.

         (1)   C-1 General Commercial.

         (2)   C-2, Service Commercial.

      c.   Special Districts.

         (1)   L-R, Lakeshore Recreational.

         (2)   PUD, Planned Unit Development.

         (3)   S, Shoreland.

Subd. 2.   Map. The location and boundaries of the districts established by this chapter are set forth on the Zoning Map entitled “Zoning Map of Shorewood.” The map shall remain on file with the Zoning Administrator and shall be hereinafter referred to as the “Zoning Map,” which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference.

Subd. 3.   Zoning district boundaries. Zoning district boundary lines of this chapter follow lot lines, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this chapter.

      a.   If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this chapter and places portions of the lot in two or more use districts, any portion of the lot within 50 feet on either side of a dividing district boundary line may be used for any use of either use district; provided, however, if any portion of the lot shall extend beyond the 50 feet limitation, the district line as shown shall prevail.

      b.   Appeals concerning the exact location of a zoning district boundary line shall be heard by the City Council serving as the Board of Adjustments and Appeals.

      c.   When any street, alley or other public right-of-way is vacated by official action of the city, the zoning district abutting the center line of the alley or other public right-of-way shall not be affected by the proceedings.

(1987 Code, § 1201.09) (Ord. 367, passed 9-11-2000; Ord. 368, passed 11-27-2000; Ord. 388, passed 7-8-2002; Ord. 415, passed 4-25-2005; Ord. 423, passed 7-24-2006; Ord. 424, passed 7-24-2006; Ord. 425, passed 7-24-2006; Ord. 426, passed 7-24-2006)