Ordinance 165•
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 165
AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE CONCERNING
NON -CONFORMING USES, STRUCTURES, AND LOTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-1 of the Chanhassen City Code is
amended by amending the following definitions to read:
Nonconforming Lot. A lot that does not comply with the
requirements of this chapter but which did comply with
applicable ordinance requirements at the time the lot was
created.
Nonconforming Structure. Any building or structure that
does not comply with the requirements of this chapter but
which did comply with applicable ordinance requirements at
the time it was constructed or put in place.
Nonconforming Use. A use of land that does not comply with
the requirements of this chapter but which did comply with
applicable ordinance requirements at the time the use was
established.
Section 2. Chapter 20, Article II, Division 4 of the
Chanhassen City Code is amended in its entirety to read as
follows:
Sec. 20-71. PURPOSE.
The purpose of this Division is:
A. To recognize the existence of uses, lots, and structures
which were lawful when established, but which no longer meet all
ordinance requirements;
B. To prevent the enlargement, expansion, intensification,
or extension of any nonconforming use, building, or structure;
C. To encourage the elimination of nonconforming uses,
lots, and structures or reduce their impact on adjacent
properties.
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Sec. 20-72. NONCONFORMING USES AND STRUCTURES.
46 A. There shall be no expansion, intensification, replace-
ment, structural change, or relocation of any nonconforming use
or nonconforming structure except to lesser or eliminate the
nonconformity.
B. Notwithstanding any other provisions of this chapter,
any detached single family dwelling that is on a nonconforming
lot or that is a nonconforming use or structure may be altered,
or expanded provided, however, that the nonconformity may not be
increased. If a setback of a dwelling is nonconforming, no
additions may be added to the nonconforming side of the building
unless the addition meets setback requirements.
C. No nonconforming use shall be resumed if normal
operation of the use has been discontinued for a period of twelve
(12) or more months. Time shall be calculated as beginning on the
day following the last day in which the use was in normal
operation and shall run continuously thereafter. Following the
expiration of twelve (12) months, only land uses which are
permitted by this ordinance shall be allowed to be established.
D. Full use of a nonconforming land use shall not be
resumed if the amount of land or floor area dedicated to the use
is lessened or if the intensity of the use is in any manner
diminished for a period of twelve (12) or more months. Time shall
• be calculated as beginning on the day following the last day in
which the nonconforming land use was in full operation and shall
run continuously thereafter. Following the expiration of twelve
(12) months, the nonconforming land use may be used only in the
manner or to the extent used during the preceding twelve (12)
months. For the purposes of this section, intensity of use shall
be measured by hours of operation, traffic, noise, exterior
storage, signs, odors, number of employees, and other factors
deemed relevant by the City.
E. Maintenance and repair of nonconforming structures is
permitted. Removal or destruction of a nonconforming structure to
the extent of more than fifty percent (50%) of its estimated
market value, excluding land value and as determined by the City,
shall terminate the right to continue the nonconforming
structure.
F. Notwithstanding the prohibitions contained in the
foregoing paragraphs of this section, if approved by the City
Council a nonconforming land use may be changed to another
nonconforming land use of less intensity if it is in the public
interest. In all instances the applicant has the burden of proof
regarding the relative intensities of uses.
G. If a nonconforming land use is superseded or replaced by
a permitted use, the nonconforming status of the premises and any
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rights which arise under the provisions of this section shall
terminate.
Sec. 20-73. NONCONFORMING LOTS OF RECORD.
A. No variance shall be required to reconstruct a detached
single family dwelling located on a nonconforming lot of record
or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint
which is no larger than that of the destroyed structure and is
substantially the same size in building height and floor area as
the destroyed structure. Reconstruction shall commence within two
(2) years of the date of the destruction of the original building
and reasonable progress shall be made in completing the project.
A building permit shall be obtained prior to construction of the
new dwelling and the new structure shall be constructed in
compliance with all other City codes and regulations.
B. No variance shall be required to construct a detached
single family dwelling on a nonconforming lot provided that it
fronts on a public street or approved private street and provided
that the width and area measurements are at least seventy-five
percent (75%) of the minimum requirements of this chapter.
C. Except as otherwise specifically provided for detached
single family dwellings, there shall be no expansion, intensi-
fication, replacement, or structural changes of a structure on a
nonconforming lot.
D. If two (2) or more contiguous lots are in single
ownership and if all or part of the lots do not meet the width
and area requirements of this chapter for lots in the district,
the contiguous lots shall be considered to be an undivided parcel
for the purpose of this chapter. If part of the parcel is sold,
the sale shall constitute a self-created hardship under the
variance provisions of this chapter.
Section 3. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 10th
day of February , 1992.
ATTEST:
Don Ashworth, Cl /Manager
Donald J. �G'hmel, Mayor
(Published in the Chanhassen Villager on February 27, 1992.)
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