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Ordinance 744.docxCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 744 AN ORDINANCE AMENDING CHAPTER 1 AND CHAPTER 20 CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to include the following: Section 1-2 Rules of Construction and Definitions Dwelling, Attached or Internal Accessory Dwelling Unit, means a residential dwelling unit that is subordinate and clearly incidental to a primary structure, located on the same lot as a single- family dwelling unit, within the same building as the single-family dwelling unit with its own kitchen, living, bathroom and sleeping area. Section 2. Section 20-59 of the City Code, City of Chanhassen, Minnesota, is hereby deleted in its entirety. Section 3. Section 20-573 of the City Code, City of Chanhassen, Minnesota, which regulates the A-2 Agricultural Estate zoning district is hereby amended to include a new subsection (l) to read as follows: (l) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Section 4. Section 20-593 of the City Code, City of Chanhassen, Minnesota, which regulates the RR Rural Residential zoning district is hereby amended to add a new section (k) to read as follows: (k) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Section 5. Section 20-613 of the City Code, City of Chanhassen, Minnesota, which regulates the RSF Residential Single Family zoning district is hereby amended to add a new subsection (j) to read as follows: (j) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Docusign Envelope ID: BC282275-B78D-4402-93D5-EE4F01568055 Section 6. Section 20-633 of the City Code, City of Chanhassen, Minnesota, which regulates the R-4 Mixed Low Density Residential zoning district is hereby amended to add a new subsection (i) to read as follows: (i) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Section 7. Section 20-643 of the City Code, City of Chanhassen, Minnesota, which regulates the RLM Residential Low and Medium Density zoning district is hereby amended to add a new subsection (h) to read as follows: (h) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Section 8. Section 20-502 of the City Code, City of Chanhassen, Minnesota, which regulates the Planned Unit Development (PUD) zoning district is hereby amended to add a new subsection (d) to read as follows: (d) Attached or Internal Accessory Dwelling Unit (subject to the requirements of section 20- 974). Section 9. Section 20-974 of the City Code, City of Chanhassen, Minnesota, is hereby added to read as follows: Sec 20-974 Attached or Internal Accessory Dwelling Units (a) Purpose and Intent. In order to accommodate the housing needs of residents while protecting the public health, safety and general welfare of the community, the Council finds that these regulations are necessary in order to: (1) Create new housing units while respecting the appearance and cha racter of single-family dwellings; (2) Provide housing that responds to changing family needs, privacy standards and household sizes; (3) Make more efficient use of existing housing stock and infrastructure; and (b) Standards (1) Zoning district. Attached or Internal Accessory Dwelling Units may only be located within the A2, RR, RSF, R -4, RLM, and PUD-R residential zoning districts. (2) Location. An accessory dwelling unit may be attached to or internal to a single - family dwelling with building permit approval. Docusign Envelope ID: BC282275-B78D-4402-93D5-EE4F01568055 (3) Design and access. Accessory Dwelling Units may be separate from the single - family dwelling unit by means of a wall or floor and have a separate entrance than the primary dwelling unit. The separating wall may have a door connecting the accessory dwelling unit to the primary dwelling unit. (4) Size. Accessory Dwelling Units must meet the following size standards: (a) Minimum size. Accessory Dwelling Units must be at least 200 square feet in area. (b) Maximum size. Accessory Dwelling Units must be less than 960 square feet in area. (5) Bedrooms. No more than one bedroom is permitted in the accessory dwelling unit. (6) Number of Accessory Dwelling Units. Not more than one accessory dwelling unit shall be allowed per single -family detached lot. (7) Setbacks. Any accessory dwelling unit shall comply with the same minimum building setback requirements as required for the principal dwelling unit . (8) Stairways. Stairways leading to an internal accessory dwelling unit located above the ground floor of a principal res idential structure shall be enclosed or located entirely to the rear of the principal residential structure. (9) Height. The maximum height for an accessory dwelling unit shall be as prescribed for principal structures in the applicable zoning district . (10) Impervious Lot Coverage. The allowed area for an attached accessory dwelling unit shall be determined by the permitted hardcover percentage in the applicable zoning district as well as any restrictions associated with applicable shoreland regulations. Docusign Envelope ID: BC282275-B78D-4402-93D5-EE4F01568055 (11) Architectural Design. An accessory dwelling unit shall be a clearly incidental and subordinate use. The exterior design of an accessory dwelling unit shall incorporate similar architectural style s, roof pitch, colors, and materials as the principal building on the lot, and shall be compatible with the character of the surrounding residential buildings, subject to approval by the Community Development Director or their designee. (12) Parking. No additional off-street parking spaces are required with the construction of an accessory dwelling unit. (13) Owner Occupancy. An owner of the property that includes an accessory dwelling unit that is internal or attached to a principal residential structure, and where the accessory dwelling unit is not a separate dwelling unit under the Minnesota State Building Code, must occupy at least one (1) dwelling unit on the zoning lot as their primary place of residence. If an owner is unable or unwilling to fulfill the requirements of this section, the own er shall remove those features of the accessory dwelling unit that make it a dwelling unit. Failure to do so will constitute a violation of this section. (14) Rental. Accessory Dwelling Units may not be used as rental properties, including short -term rentals, as defined by the City Code. (15) Utilities. Unless otherwise approved by the City Engineer, the accessory dwelling unit shall not have separate public sewer or water utility services from the principal structure. (16) Building Code Compliance. The principal dwelling unit and accessory dwelling unit shall be created and maintained in compliance with Chapter 7 -II of the City Code. The accessory dwelling unit and the associated single -family dwelling unit shall also meet current State Building Code provisions, including, but not limited to, fire resistance standards between units. (17) Fire Code Compliance. The principal dwelling and accessory dwelling unit shall be created and maintained in compliance with Chapter 5 of the Mi nnesota State Fire Code. (18) Property Maintenance Code. The principal residential structure and the accessory dwelling unit shall be constructed and maintained in compliance with the property maintenance requirements set forth in the City Code. (19) Shoreland and Watershed District. All applicable state shoreland and watershed district requirements must be met. (c) Accessory Dwelling Unit application requirements. Any application for an accessory dwelling unit must be accompanied by: (1) Existing conditions survey showing property lines, existing and proposed structures, existing and proposed impervious surface areas, and setbacks. Docusign Envelope ID: BC282275-B78D-4402-93D5-EE4F01568055 (2) Elevation drawings depicting the proposed structure from all four directions; and (3) A floor plan of the accessory dwelling unit indicating points of entrance and floor areas. (4) In the event an accessory dwelling unit is proposed entirely within the existing floor area of a single-family dwelling, the existing conditions survey is not required, and elevations drawings are required only for those elevations proposed to be altered. (d) Temporary family health care dwellings. Pursuant to the authority granted by M.S. 462.3593, subd. 9, as it may be amended from time to time, the city opts-out of the requirements of M.S. 462.3593, which defines and regulates temporary family health care dwellings. Section 10. Section 20-904(a)(1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (1) In the A2, RR, RSF, RLM and R-4 districts the total square footage of all accessory structures shall not exceed 1,000 square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear setback as follows: a. Less than 140 square feet, minimum rear setback is five feet. b. One hundred forty-one to 399 square feet, minimum rear setback is ten feet. c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the RLM district where the minimum rear setback is 25 feet. Section 11. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12 day of May, 2025, by the City Council of the City of Chanhassen, Minnesota ______________________________ ________________________________ Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the Sun Sailor on May 22, 2025) Docusign Envelope ID: BC282275-B78D-4402-93D5-EE4F01568055